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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1969 Page 1 of about 17 results (0.016 seconds)

Mar 27 1969 (HC)

Bidyut Kumar Chatterjee and ors. Vs. Commissioner for the Port of Calc ...

Court : Kolkata

Decided on : Mar-27-1969

Reported in : (1970)IILLJ148Cal

..... .it is, therefore clear from this authority also that it was not a special remedy which was sought but a common law right under a contract of service.32. declaratory judgments and reliefs about declarations are changing in the modern context. merely declaratory judgments are now being given and the court ..... to cover the present claim or demand.23. i have, therefore, come to the conclusion that the plaintiffs' cause of action is based both on contract as well as on the statute. the plaintiffs therefore have a legal right to agitate this claim, under section 9 of the civil procedure code subject to ..... resolution of the government of india as well as the plaint record the demands of the labour in this respect. the contract by which the parties agreed to meet those demands by joint committee therefore does not lack legal consideration. the consideration is not only industrial peace ..... cause of action. it has been contended on behalf of the defendants that even if it was an agreement, it was an agreement or a contract without consideration. i am not impressed by this contention of the defendants. the consideration is tremendous. the report as well as the 20th july 1958 ..... should be final and binding on all the parties. this, i consider, makes the decision of the jeejeebhoy committee in respect of their recommendations a contract between the parties. it was also significantly pointed out that on the ground that the decision was to be final and binding on all the parties .....

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May 19 1969 (HC)

Colles Cranes of India Ltd. Vs. Speedeo Spares Corporation

Court : Kolkata

Decided on : May-19-1969

Reported in : AIR1970Cal321

..... beyond time.21. it has been argued by the learned counsel for the defendant that the plaintiff had committed breach of the terms of the contract even before its alleged termination on the 31st december 1964. reliance is placed on the fact that even the letter of termination dated the 31st ..... i cannot but feel that such readiness and willingness in the facts and circumstances of this case can exonerate the defendant from the terms of the contract. it may be noticed here that while the defendants were expressing their readiness and willingness the plaintiff was also expressing its readiness and willingness to ..... were trying all the time to secure these goods. the learned counsel for the defendant also relies on letters subsequent to the termination of the contract such as the letter dated the 13th january 1965 and the letterdated the 12th april 1965, both from the defendant to show that even thereafter ..... within the 10th may 1964. i am therefore, unable to accept the defendant's version on which mr. balal bhattacharjee the witness spoke that the contract really was to supply these goods as and when they could be obtained from the market. no doubt the correspondence indicates at different stages that ..... the defendant denies that time was of the essence of the agreement. it is also alleged in the written statement that the termination of the contract by the plaintiff was not lawful. the fur-ther defence is that the defendant was always ready and willing to deliver thebalance of the said goods .....

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Jul 14 1969 (HC)

Coal Products Private Ltd. and anr. Vs. Income-tax Officer, m Ward and ...

Court : Kolkata

Decided on : Jul-14-1969

Reported in : [1972]85ITR347(Cal)

..... of notice, the person should be under an existing obligation to pay amounts to the assessee. any other interpretation of the provision is likely to hamper the normal freedom of contract which citizens do possess in spite of taxing enactments. any notice issued by the department under section 46(5a) upon an alleged garnishee cannot hang upon him like a damocles ..... the repealed act attaching all payments due to baliah.19. on 28th march, 1960, a date between the service of the first and second notices, the petitioner entered into a contract with baliah for playing in a film for a consolidated remuneration of rs. 20,000. this amount was paid to baliah between 28th march, 1960, and 18th march, 1961, prior ..... stood attached and that it should be credited to the government. the firm sent a reply on june 26, 1959, stating that it had not engaged baliah and had no contract with him. nothing happened for two years and, in the meantime, income-tax payable by baliah amounted to rs. 86,111.12. on march 21, 1961, the income-tax officer ..... ' sword and prevent him from entering into any contract with the assessee thereafter and from paying him any money under that contract. in our opinion, such a position cannot be envisaged and it is certainly not warranted by the language of the act cannot .....

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May 16 1969 (HC)

Sachindranath Chatterjee Vs. Sm. Nilima Chatterjee

Court : Kolkata

Decided on : May-16-1969

Reported in : AIR1970Cal38,74CWN168

..... on the gopal affair and the two umakanta affairs, each of which we have found to be false.*** *** ****** *** ****** *** ***284. the eighth paragraph of sachindra's pleading continues:'she (nilima) again contracted illicit intimacy with one narain (narayan) chakrabarti, a refugee night-guard for the clinic located on the ground-floor of the present house of your petitioner.' i.e. '4d'.there .....

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Aug 13 1969 (HC)

Biraj Mohan Bhattacharjee Vs. Ajit Kumar Basu and anr.

Court : Kolkata

Decided on : Aug-13-1969

Reported in : AIR1971Cal266,75CWN156

..... 13 (1) is the default committed by a tenant either in not paying rent in terms of section 4 (2) i.e. within the time fixed by contract or in absence of such contract, by the fifteenth day of the month next following the month for which it is payable or under section 21 (1) in not validly depositing the rent with .....

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Jan 29 1969 (HC)

Commissioner of Gift-tax Vs. Biswanath Paul

Court : Kolkata

Decided on : Jan-29-1969

Reported in : [1970]76ITR39(Cal)

..... this condition. section 40 of the transfer of property act provides, inter alia, as follows :'where a third person is entitled to the benefit of an obligation arising out of contract, and annexed to the ownership of immovable property, but not amounting to an interest therein or easement thereon, such right or obligation may be enforced against a transferee with notice ..... is capable of being construed either as onerous gift liable to be defeated by non-payment by the donee of rs. 20,000 or as an obligation arising out of contract annexed to the ownership of this property. viewed in either way, this will certainly affect the market value of the property gifted.11. in that view of the matter, we .....

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May 14 1969 (HC)

Lupton (inspector of Taxes) Vs. F. A. and A. B. Ltd.

Court : Kolkata

Decided on : May-14-1969

Reported in : [1970]75ITR544(Cal)

..... preferred) - of which 99,702 had been issued and allotted that day - in oakroyd investments ltd. the nature of the business of that company is indicated by its name. the contract under which the purchase was made involved payments to the extent of pounds 1,678,932 including expenses. it was a dividend-stripping transaction in that the price for the ..... pounds 100 all the shares in a company which owned a building lease and assets in the shape of house under construction. in addition to the pounds 100, the dealer contracted to pay to the vendors 85 per cent, of the net profits made in the year ending march 31, 1960, by the sale of the assets of the company whose .....

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Mar 21 1969 (HC)

Ofu Lynx Ltd. Vs. Simon Carves India Ltd.

Court : Kolkata

Decided on : Mar-21-1969

Reported in : AIR1970Cal418,[1971]41CompCas174(Cal)

..... before the court. mr. sen in fact has sought to argue that in case of any land of a claim arising out of any building contract or a contract involving works of construction, there is always room for bona fide disputes between the parties and unless all such disputes are properly and satisfactorily resolved, ..... been paid over rs. 12 lakhs by the company and it is also an admitted fact that the respondent has not completed the work under the contract whether the respondent was justified in stopping the work, is a question which may have to be adjudicated upon in appropriate proceedings; but the fact ..... and the company has manufactured the disputes and sought to create them only for the purpose of resisting the winding up application. the provisions in the contract and the nature of the works done on the basis of which the claim of the respondent arises, indicate, to my mind, that there is ..... circumvent the provisions of the agreement between the parties. it is mr. sen's contention that the existence of such an arbitration agreement in the contracts between the parties in respect of which any claim is made, should be considered to be a bar to any winding-up proceeding and a party ..... the claim of the respondent is disputed is also borne out by the fact that the company in terms of the arbitration clause contained in the contract between the parties has referred the disputes to arbitration and the respondent company has also appointed its arbitrator. mr. sen has contended that the respondent .....

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Aug 20 1969 (HC)

Life Insurance Corporation of India Vs. Smt. Nandarani Dassi

Court : Kolkata

Decided on : Aug-20-1969

Reported in : AIR1970Cal200,74CWN43

bijayesh mukherji, j. 1. by this suit raised on january 28, 1958, the life insurance corporation of india (shortened into lic hereafter, as far as possible), prays for a decree under order 34, rule 4 of the civil procedure code (5 of 1908) in form no. 5-a in appendix d in the first schedule thereto, on the foot of two mortgages, the details whereof are set out below: bearing date november 29, 1946 exhibit a: principal sum-rs. 29,000.002.deed of further charge bearing date january 19, 1949, exhibit b: principal sum-rs. 5,000.00 3.annual interest at 7% a compound up to janu-ary 27, 1958, minus cre- dit of sums received towards interest-rs. 20, 50,247.712. the mortgagor is the sole defendant to this suit, smt. nandorani dassi qua trustee to the estate of late modhoo sooden sain, her father-in-law. the property mortgaged is the divided 4/21st share in the then 116 cotton street, now numbered as '114/1b', and admeasuring 1 cottah 14 chittacks and 3 square feet. the mortgagee is india provident company, ltd., the statutory successor of which is lic, the present plaintiff. 3. the pleas, nandorani, the defendant, resists the suit with, are-one, she had not received the full consideration money for either of the two mortgages. two, a pardanashin lady, with little education, she had had no independent advice ever. three, she never fully understood the import or effect of the two mortgages. 4. the issues raised at the trial are: 1. did the india .....

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Nov 21 1969 (HC)

Rabindra Nath Das Vs. Sarat Chandra Parui

Court : Kolkata

Decided on : Nov-21-1969

Reported in : AIR1971Cal159,74CWN952

p.n. mookerjee, j.1. the appellant before us was the defendant in the instant suit for specific performance. the suit was instituted by the plaintiff respondent for specific performance of an agreement of reconveyance of immovable property.2. during the pendency of the suit, however, the right of the plaintiff under the said agreement was sold in auction in execution of a rent decree against him and purchased by the present appellant. upon that footing, it was contended that the plaintiff's right, title and interest under the disputed agreement having vested in the defendant, the suit was no longer maintainable and that it should be dismissed. this contention was accepted by the learned munsif and, on appeal, the learned munsif's decision, dismissing the plaintiff's suit, was affirmed by the learned subordinate judge.3. on second appeal to this court, however, that decision was reversed and the plaintiff's suit was decreed on the sole ground that the acquisition of the plaintiff's right under the agreement in question by the defendant having taken place during the pendency of this suit, it was hit by the doctrine of lis pendens and could not affect the plaintiff.4. in our view, however, the above reasoning would not be sound. the doctrine of lis pendens cannot be availed of by the transferor and it is really intended for the protection of the other party, that is, the party in the suit other than the transferor. (vide shyam lal v. sohan lal, ilr 50 all 290 = (air 1928 all 3) .....

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