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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1968 Page 1 of about 29 results (0.013 seconds)

Sep 05 1968 (HC)

Dhirendra Nath Sen and ors. Vs. Smt. Santasila Debi and ors.

Court : Kolkata

Decided on : Sep-05-1968

Reported in : AIR1969Cal406

..... offered to repurchase it before that date, but the purchaser denied that there was any agreement to reconvey. it was held that this amounted to a complete repudiation of the contract to convey. it was held that in cases of this kind no question of formal tender would arise. if the purchaser definitely and unequivocally refused to carry out his part ..... of the contract and intimated that the money will be refused, if tendered, then no further tender was necessary and the question whether any money was paid by the seller was irrelevant. the .....

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Jun 28 1968 (HC)

Modi Vanaspati Manufacturing Company and anr. Vs. Katihar Jute Mills ( ...

Court : Kolkata

Decided on : Jun-28-1968

Reported in : AIR1969Cal496

..... , 3rd edition, volume 38, page 822, paragraph 1369 in support of the proposition that there may be a trust if one of two contracting parties contracts expressly as trustee for another person then that person can enforce the trust. an authority for that proposition is the decision in re schebs-man ..... in the light of different heads of claim. the core of the doctrine of privity is that consideration must move from the promisee. in commercial contracts payment is sometimes made through letter of credit or commercial credits. to illustrate, the buyer asked the bank to open a credit in the ..... to establish agency it is true that surrounding circumstances are to be looked into but the surrounding circumstances in the present case establish that the contracts between the parties are totally distinct and different and came into existence at different points of time on different terms at different prices. it ..... wrote to the plaintiffs that 'our party at modinagar' meaning thereby the modis had served the bhaduris with a notice recording a breach of contract as the materials were not removed on payment and further that the modis threatened forfeiture of the advance payment.14. the correspondence between the ..... cause of action. the fourth issue was whether the suit was competent against the modis.6. the learned judge reached the conclusion that the contract between the parties to the suit was that there was to the knowledge of all parties concerned three parties to the transaction, namely, the .....

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Nov 18 1968 (HC)

Unity Company Private Ltd. Vs. Diamond Sugar Mills and ors.

Court : Kolkata

Decided on : Nov-18-1968

Reported in : AIR1971Cal18

..... way of aiding defective execution; and trustees during a minority have power to grant a lease which the deceased tenant for fife in his lifetime contracted to grant. even where relief may otherwise be refused, it will be granted if after the death of a tenant for life who has granted ..... purpose.(1) purchasers for value. a person is within this head only if there is consideration and an intention to purchase, and a valid and binding contract, as, e.g., under a covenant on marriage to exercise a power to jointure. purchasers pro tanto are included such as mortgagees and lessees. thus ..... executors or administrators;(5) by a valid surrender;(6) by the trustee in bankruptcy of an insolvent member disclaiming his shares;(7) by rescission of the contract of membership on the ground of misrepresentation or mistake. this, however, does not apply to shares subscribed for in the memorandum of association.' 69. the ..... 1871 and section 4 of the act of 1877), while in england the defendant must expressly claim the operation of the statute. section 60 of the contract act which was passed after the limitation act of 1871, also shows that the debt is not extinguished, but may be insisted on for certain ..... on the basis of which any particular person becomes a member of the company constitute a valid and binding contract between the company and the members of the company and also constitute a valid contract between the members of the company inter se. therefore, by virtue of the provisions contained in the .....

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Jun 13 1968 (HC)

Calcutta National Bank Ltd. (In Liquidation) Vs. Rangaroon Tea Co. Ltd ...

Court : Kolkata

Decided on : Jun-13-1968

Reported in : AIR1969Cal578

..... question by reason of the conclusion that the hypothecation in that case was not within the mischief of rule 94-a. cheshire in the law of contracts, 6th edition (page 312) states that the effect of thetwo maxims ex turpi causa non oritur action and in pari delicto polior est condition defendant ..... test with regard to writings was laid down as follows: 'if this memorandum was of such a nature that it could be treated as the contract for the mortgage, and what theparties considered to be the only repository and appropriate evidence of their agreement, it would be the instrument by which the ..... present ease was void or illegal by reason of the provisions of the defence of india rules. thirdly, the plaintiff could not enforce the illegal contract and the court would not recognize any cause of action founded upon it. fourthly the plaintiff's plea that the transaction was covered by the exemption ..... said that in that case the only genus was a contract with an employer and the contract would constitute the person a workman male or female. clerical work was added later. therefore, the words 'or otherwise' were held by lord ..... a genus. the word workman was there defined in the statute to mean 'any person who has entered into or works under a contract with an employer, whether the contract be by way of manual labour, clerical work or otherwise, be expressed or implied, oral or in writing' etcher. lord wright further .....

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Jun 06 1968 (HC)

Nanalal M. Varma and Co. (P.) Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Jun-06-1968

Reported in : [1969]73ITR713(Cal)

..... facts are that the assessee carries on business of purchase and sale of jute and hessian. in some cases it did not deliver the goods contracted for. it went to the market and purchased identical goods for which it obtained a delivery order and made over that delivery order to its ..... other party respectively to take delivery of the stipulated number of bales from the mills concerned and drew bills on each other pursuant to the contract. debit and credit entries for the entire amount in respect of the pucca delivery orders were found in the account books and the bank ..... commodity or scrips:......' 27. for purposes of the instant reference the plain meaning of explanation 2 appears to be that, if a contract for purchase and sale of any commodity is settled otherwise than by actual delivery, it would be a speculative transaction. now, the expression used is ..... the business shall be deemed to be distinct and separate from any other business. explanation 2.--a speculative transaction means a transaction in which a contract for purchase and sale of any commodity including stocks and shares is periodically or ultimately settled otherwise than by actual delivery or transfer of the ..... goods were taken or given. the assessee also contended that the delivery of the p.d.os. was tantamount to the delivery of the goods contracted for. and that view was also accepted by the first appellate assistant commissioner. the income-tax officer was, therefore, required only to verify whether .....

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Apr 30 1968 (HC)

Abdul Gani Haji Habib and ors. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Apr-30-1968

Reported in : [1969]72ITR6(Cal)

..... r. 154, 165 in which g. k. mitter j. observed :'the explanation to section 24(1), however, does not prevent persons from entering into contracts in which the buyers and sellers may not actually hand over the goods physically. the explanation is only designed at segregating for income-tax purposes loss sustained ..... for this very purpose, viz., to obviate nice questions of law that may arise with regard to the delivery or non-delivery of goods under a contract. the law has been simplified in this respect and the expression ' speculative transaction ' has been defined for the purposes of the income-tax act. ..... the business shall be deemed to be distinct and separate from any other business. explanation 2.--a speculative transaction means a transaction in which a contract for purchase and sale of any commodity including stocks and shares is periodically or ultimately settled otherwise than by the actual delivery or transfer of the ..... in oil and gunny were on account of transactions in which no actual delivery was made or taken in respect of the commodity concerned and the contracts were settled by payment of differences. the appellate assistant commissioner held that, in the circumstances of the case, explanation 2 to section 24(1 ..... the opinion that, even if there had been initially an intention to give or take delivery of the commodities in the contracts in question, that would be inconsequential in view of the language of explanation 2 section 24(1), which took no notice of any intention .....

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Feb 13 1968 (HC)

indo Impex Limited Vs. Commercial Tax Officer and ors.

Court : Kolkata

Decided on : Feb-13-1968

Reported in : [1968]22STC66(Cal)

..... bombay decision in commissioner of sales tax v. arun electrics [1965] 16 s.t.c. 385 where notwithstanding a lump sum rate for the execution of an electrical installation contract, a separate contract for the supply of materials used in the work was implied. this decision has, however, been reversed by the supreme court on 16th december, 1965 (arun electrics v. commissioner ..... p. 769 have little analogy to those of the instant case. in chandra bhan's case, [1963] 14 s.t.c. 766 at p. 769 there was no works contract but a contract for the supply of bricks to a company for a price though the bricks were to be manufactured out of earth belonging to the company. the contention that it ..... contractor should construct a building according to the specifications contained in the agreement, and in consideration therefor receive the payment as provided therein. there is in such agreement neither a contract to sell the materials used in construction, nor does property pass therein as movables. the materials pass to the owner of the building only as an accretion to the building ..... tender from the calcutta corporation for the installation of electric lamps on its streets, the petitioner submitted its tender and entered into the agreement at annexure a and executed that contract. for the assessment year 1957-58, the petitioner submitted its return at annexure b to the petition under the bengal finance (sales tax) act, 1941 (hereinafter referred to as 'the .....

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Jun 19 1968 (HC)

Abdul Gani Vs. Md. Israil and ors.

Court : Kolkata

Decided on : Jun-19-1968

Reported in : AIR1968Cal554,73CWN61

..... be terminated by the landlord by serving upon the tenant. 15 days' notice expiring with the end of a month of the tenancy, provided of course that there was no contract or local law or usage to the contrary. the only condition for terminating the tenancy was the service of such a notice. owing to hardship caused by the dearth of ..... present is that in cases governed by the said act, even if the tenancy is contractual, and the tenant is liable to deliver up possession under the terms of the contract and/or on a valid notice served under section 106 of the transfer of property act the landlord cannot recover possession in terms of the ..... contract or by reason of the notice under section 106 of the transfer of property act, except when certain grounds exist which are enumerated in section 13(1) of the said .....

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Jun 18 1968 (HC)

Budge Budge Investment Co. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Jun-18-1968

Reported in : [1969]73ITR772(Cal)

..... the entire amount of purchases and sales were paid and received in full in cash, in the absence of actual delivery of the goods, the contracts were speculative contracts and dismissed the appeal.3. the tribunal followed the decision of this court in d.m. wadhwana v. commissioner of income-tax, [1966 ..... mills concerned and drew bills on each other pursuant to the contracts. debit and credit entries for the entire amount in respect of the pucca delivery orders were found in the account books and the bank ..... the same quantity of the specified commodity of which delivery had to be effected by both on the same day. the parties to these contracts exchanged pucca delivery orders which authorised the assessee and the other party respectively to take delivery of the stipulated number of bales from the ..... of the commodity or scrips...'6. the section clearly stipulates that, in order to be a speculative transaction, the contract must be either periodically or ultimately settled. secondly, the settlement so effected must be otherwise than by actual delivery or transfer.7. mr. debi ..... business shall be deemed to be distinct and separate from any other business.explanation 2.--a speculative transaction means a transaction in which a contract for purchase and sale of any commodity including stocks and shares is periodically or ultimately settled otherwise than by the actual delivery or transfer .....

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Jul 26 1968 (HC)

Jagannath Gupta and Co. Private Ltd. Vs. Mulchand Gupta

Court : Kolkata

Decided on : Jul-26-1968

Reported in : AIR1969Cal363,72CWN872

..... up petition was guilty of suppression of facts which were grave in nature. first, that mulchand gupta was in service of the company and mulchand gupta him self gave an indemnity to sell one of the properties in the year 1960. secondly, that mulchand gupta suppressed from the court the fact that there was investigation called for by mulchand gupta by ..... . not only he never raised any objection to the sale of the properties but he actively acquiesced in the sale of the chittaranjan. avenue property by executing a letter of indemnity in support of the sale. he never questioned the propriety of any of the sales until his service was terminated. he never objected to the transfer of shares. he knew ..... his solicitor's clerk and the latter accepted a bribe. there was an action for rescission and the defendants counter-claimed specific performance. by the claim for specific performance the contract which might have been repudiated on the ground of bribe was affirmed and the plaintiff was not therefore denied his equitable right on the independent ground of non-disclosure by ..... l. j. that suppression is to have material hearing and relation on the matter in issue. in the case of moody the question for consideration was whether the plaintiff who contracted to purchase from trustees a portion of that trust property and the trustees being a solicitor arid his clerk whether the solicitor who acted through his clerk as solicitor both .....

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