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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1970 Page 1 of about 19 results (0.057 seconds)

Sep 29 1970 (HC)

Hindusthan General Insurance Society Ltd. Vs. Punam Chand Chhajar

Court : Kolkata

Decided on : Sep-29-1970

Reported in : AIR1971Cal285

..... transit. the terms have been embodied in the policy which is valued at rupees 14,000/- as the amount of indemnity and the insured thereby agreed to indemnify the assured to the extent of the value of the policy and there can be, as it appears, ..... policies which were against fire and other risks were not valued ones. accordingly the principles laid down therein have no application in the present case. a contract of marine insurance is an agreement whereby the insurer undertakes to indemnify the assured in, the manner and to the extent thereby agreed against losses in ..... the misrepresentation was on any material facts which had a bearing on the risk undertaken by the insurer. it is settled law that a contract of insurance is contract uberrirna fides and there must be utmost good faith on the part of the assured, imposing an obligation on the assured to disclose all ..... in ordinary course of business, ought to be known to him and if the assured fails to make the disclosure the insurer may avoid the contract. it is also provided inter alia that every circumstance is material which would influence the judgment of a prudent insurer in fixing the premium or ..... tea which had been booked, a further question would arise as to whether in the circumstances of this case, the society would be entitled to cancel this contract of insurance. we have already mentioned that according to the insurance policy (ext. c) and the proposal form (ext. b), the consignment which war .....

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Mar 13 1970 (HC)

Life Insurance Corporation of India Vs. United Bank of India Ltd. and ...

Court : Kolkata

Decided on : Mar-13-1970

Reported in : AIR1970Cal513,[1971]41CompCas603(Cal)

..... moneys recoverable from the appellant under the decree as a loan can be explained. it seems to us that there is no warrant for such an order either in the contract of insurance or in the statute.22. it only remains for us to pronounce the order. the appeal succeeds. the decree of the learned judge against the appellant, the life ..... mention of it is to be found in the grounds of appeal. the policy is embodied in a printed form. some of the printed clauses are patently inapplicable to the contract of insurance evidenced by the policy. no doubt, the words 'children's endowment' appear at the top of the policy in print. be that as it may, nowhere is there ..... proposed to the insurer to effect an assurance on his life, it is abundantly clear from the terms and conditions of the policy that the policy did not effect a contract of insurance upon human life. it did not, because neither the payment of the sum secured on the policy nor the payment of premiums depended on the duration of any .....

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Nov 25 1970 (HC)

Heavy Engineering Corporation Ltd. Vs. Crompton Greaves Ltd.

Court : Kolkata

Decided on : Nov-25-1970

Reported in : AIR1972Cal217

..... is not certain as to which clause shall prevail and thus both the arbitration clauses are void for uncertainty. 11. mr. gupta then contends that the special conditions of contract must prevail over the general conditions and therefore, arbitration clause contained in the special conditions must prevail. the said arbitration clause only confers right upon the respondent to refer ..... to this contract inasmuch as the word 'contract' under general conditions means according to the definition clause 'the notice to tender, instruction to tender, the tender, acceptance of tender, -- 'particulars' defined in the ..... unable to accept the said contentions of mr. gupta. 9. mr. gupta then contends that the respondent was invited to submit tender subject to the special conditions of contract which were sent to the respondent together with the notice to tender. the respondent submitted the tender subject to the said special conditions. the said conditions are also applicable ..... of 1968 (cromptongreaves ltd. v. heavy engineering corporation ltd.) for the recovery of a sum of rs, 14,951.70 p. from the petitioner. the general conditions of contract mentioned in the said letter of acceptance contains an arbitration clause to the. following effect : '15. in the event of any dispute on difference of opinion between the heavy engineering .....

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Dec 03 1970 (HC)

British Paints (India) Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Dec-03-1970

Reported in : AIR1971Cal393

..... rejection slip of the second lot, then further troubles might have been avoided. unfortunately however. its representatives went to kanpur after the cancellation of the contract, and it is quite clear from the evidence, that the goods were required very urgently for military purposes and it was not possible for the ..... have already pointed out. 11. mr. mukherjee has also submitted that as the defendant also claimed liquidated damages, the defendant was notentitled to cancel the contract. we are not in a position to accept this contention. in ext. 3-c it has been specifically laid down that if any stores are ..... precedent in this case, and, at the most, it was a warranty and nothing more and the action of the union of india in cancelling the contract unilaterally was an anticipatory breach, and would entitle the plaintiff to damages. in gomathi naya-gam v. palaniswami, : [1967]1scr227 it has been laid ..... found that under the terms of the contract, the inspector's decision was to be final and binding on the parties, and. as such, held that they had no jurisdiction to enter ..... 1953 was final and cannot be altered and further that the stores offered by the plaintiff 'were not in accordance with the terms of the contract for quality'. thereafter the plaintiff served the usual notices on the defendant and the matter had also been referred to arbitration. the arbitrators however .....

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Sep 21 1970 (HC)

Bengal Coal Co. Ltd. Vs. the Union of India (Uoi)

Court : Kolkata

Decided on : Sep-21-1970

Reported in : AIR1971Cal219

..... the corresponding provision of article 299(1) of the constitution, the provision of section 70 can be invoked by the aggrieved party to the void contract. the first condition to be satisfied under the section is that a person should lawfully do something for another person or deliver something to him; ..... the latest decision and must accept the contention of mr. das gupta that the question of ratification would not arise in such a proceeding of void contract. however, we must also point out that the learned judge misdirected himself when he found that there was no ratification in the instant case. he ..... court in mulam chand v. state of madhya pradesh, : [1968]3scr214 to show that the question of ratification cannot be considered in such cases of void contract. mr. ghose, on the other hand has relied on the decision in : [1954]1scr817 , chatturbhuj vithaldas jasani v. moreshwar parashram. it appears that this ..... the suit was not barred by limitation but he held that there was no ratification of the agreement and further that section 70 of the indian contract act was not applicable and though he found that interest should be paid, he ultimately dismissed the suit. hence this appeal. 2. the first ..... made. this court also found that notice under section 80 of the code was duly served. this court also found that there was no valid contract as found by the learned subordinate judge. but this court was of opinion that the learned subordinate judge did not consider the question of ratification .....

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Jan 28 1970 (HC)

Union of India (Uoi) and anr. Vs. Baijnath Sarda

Court : Kolkata

Decided on : Jan-28-1970

Reported in : AIR1971Cal56

..... . it is true that section 175(3) uses the expression 'executed' but that does not by itself contemplate execution of a formal contract by the contracting parties. a tender for purchase of goods in pursuance of an invitation issued by or on behalf of the governor-general of india and ..... before us. from such correspondence it does not appear that there was compliance with article 299(1) of the constitution in respect of any contract embodying the rights of the plaintiff upon which the plaintiff is now suing the government.10. there is however another aspect of the matter. ..... 1935 or the corresponding provisions of article 299(1) of the constitution of india are mandatory in character and contravention of these provisions nullifies the contracts and makes them void. the supreme court further observed that in those circumstances there is no question of estoppel or ratification. reliance was also ..... if not, what is the consequence thereof in this application. the learned subordinate judge had come to the conclusion that as there was no contract or agreement between the parties because of non-compliance with article 299(1) of the constitution the plaintiff was not entitled to any relief in ..... from the suit being not maintainable for absence of service of notice under section 80 of the code of civil procedure and any legal contract or agreement between the parties, the plaintiff will not suffer any injury as the railway administration will provide adequate siding facilities to the plaintiff .....

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May 08 1970 (HC)

Bird and Co. (Private) Ltd. Vs. Assistant Collector of Customs for Exp ...

Court : Kolkata

Decided on : May-08-1970

Reported in : AIR1971Cal62

..... on behalf of the customs authorities that both laurenco marques and swaziland were outside south africa. consequently, it was submitted that on the face of the documents relating to the contract, the goods were destined for a place outside south africa. therefore, there has been no contravention of the notification dated the 3rd october, 1964.14. mr. g. p. kar appearing ..... the 3rd october, 1964.13. coming to the facts of the present case mr. ginwalla submits with reference to the telex messages and communications annexed to the petition and the contract contained in the purchase notes that the destination of the goods in so far as the petitioner was concerned was laurenco marques in transit to swaziland. it was not disputed ..... other specifications c & f lourenco marques.3. it is the case of the petitioner that the ultimate destination of the goods was unknown to the petitioner at the time the contract was concluded. in any event, the petitioner would have discharged all its obligations under the aforesaid agreement if the petitioner has shipped the said goods to lourenco marques andthe petitioner .....

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Feb 20 1970 (HC)

Commissioner of Wealth Tax, West Bengal Ii Vs. U.C. Mahatab

Court : Kolkata

Decided on : Feb-20-1970

Reported in : AIR1970Cal462,[1970]78ITR214(Cal)

..... pension and in that context it was said that the pension ceased to retain its character of land revenue or agricultural land and only became a compensation payable under a contract or a compromise. the measure treated here in this scheme of the west bengal estates acquisition act is not only a measure to use a shakespearean expression 'measure for measure .....

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Mar 24 1970 (HC)

Pijush Kanti Ghosh Vs. Sm. Maya Rani Chatterjee and ors.

Court : Kolkata

Decided on : Mar-24-1970

Reported in : AIR1971Cal229

..... observed:-- 'i think it must be the same, and it must be judged by what any reasonable member of the public must have intended should be the term of the contract. the person concerned (reasonable member of the public) is sometimes described as 'the man in the street,' or 'the man in the clapham omnibus', or as i recently read in .....

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Mar 12 1970 (HC)

Commissioner of Income-tax Vs. Trustees of Sreeram-surajmull Charity T ...

Court : Kolkata

Decided on : Mar-12-1970

Reported in : [1971]79ITR649(Cal)

..... the view : ' by ' book debts ' the legislature doubtless intended to describe debts in some way connected with the trade of the bankrupt. ' ' book debts ' of the bankrupt mean all debts contracted by him in the course of his trade. to constitute the debt a ' book debt' it cannot to my mind be necessary that the transaction should be entered in a .....

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