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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1971 Page 1 of about 27 results (0.013 seconds)

Sep 17 1971 (HC)

Sitaram Jaipuria and ors. Vs. Banwarilal Jaipuria

Court : Kolkata

Decided on : Sep-17-1971

Reported in : AIR1972Cal105,76CWN161

..... effect subject to the provisions of the said rules as expressed in this act' were directory and not mandatory and that failure toobey the directions did not, therefore, make the contract illegal.38. but where an act made the adoption of the agreement in the prescribed manner as a condition of its validity, it was held that the resolution was ineffective ..... . besides, there seems to be another great obstacle for the respondents. the prohibition contained in section 22 of the monopolies and restrictive trade practices act, 1969 does not make the contract or the undertaking illegal prima facie. there are many prohibitions in public statutes but they do not raise the question of illegality or ultra vires but whose breach is otherwise ..... next placed on a decision of the judicial committee 1939 ac 277 for the proposition that omission to do something does not nullify the contract contained in a bill of lading, nor could such omission make the contract illegal. this decision was relied upon in support of the contention that even if it was held that the omission to make a statement ..... that even assuming that the provisions of the act had been violated, such violation would not make the contract, for the purchase of shares of swadeshi polytex ltd. illegal. it was argued that if the statute prohibited the contract either expressly or impliedly the contract would become illegal. but in this case there was no such absolute prohibition so as to make the .....

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Sep 01 1971 (HC)

Arun General Industries Ltd. Vs. Rishabh Manufacturers Private Ltd. an ...

Court : Kolkata

Decided on : Sep-01-1971

Reported in : AIR1972Cal128

..... what is the matter in issue in the two suits. the claim in a suit may very well be a claim based on a contract, but the contract may be sought to be repudiated by the defendants on the ground of a tort namely fraudulent misrepresentation, which in its turn may ..... for the fraudulent and deceitful misrepresentations of the directors of the appellant, the respondents nos. 1 and 2 would not have entered into the contract, the contract itself is being affirmed and readiness and willingness to perform the same is pleaded.9. a scrutiny of the plaint in the calcutta suit ..... of material facts, the plaintiffs have affirmed thecontract between the parties end have also pleaded their readiness and willingness to perform their part of the contract including their readiness to pay the balance of the consideration and to fulfil all other terms of the agreement the field of controversy between the ..... the ground of fraudulent misrepresentation and a subsequent suit is filed claiming damages on the basis of a fraudulent misrepresentation with regard to the same contract, the issues nevertheless in the two suits would be substantially the same, even though the bases of the claim in the two suits are ..... latter. the producer denied any representations having been made regarding the quality of the films and stated that the films would be according to the contract quality. the distributor did not pay one instalment of rs. 60,000/- which had fallen due and thereupon the producer terminated the agreements and .....

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Jun 15 1971 (HC)

Gopal Vs. the State of Uttar Pradesh

Court : Kolkata

Decided on : Jun-15-1971

Reported in : AIR1972Cal67

..... provides for appointment of secretary to government of uttar pradesh industries department, as sole arbitrator for adjudicating in the dispute between you and the factory administration arising out of the contract for clearance of consignments from calcutta port and their handling at the port as well as at the destination point entered with you. the points in dispute have already been ..... happened. ultimately, by the notice dated 17th/20th of july, 1970 sent to the respondent and copy to the named arbitrator the petitioner invoked the arbitration clause in the contract and called upon the respondent to nominate and/or appoint the said arbitrator within 15 days and also requested the named arbitrator to enter into the reference. there was no ..... arbitrator to adjudicate the dispute between the parties.5. mr. sankar ghosh with bhaskar gupta appearing for the petitioner submitted that the disputes between the parties arising out of the contract are covered under the arbitration clause and in spite of the notice under section 8 of the arbitration act, the respondent has failed to appoint any arbitrator and order should ..... although more than one year has elapsed after the presentation of the bills no payment has been received by the petitioner and they finally invoked the arbitration clause of the contract and called upon the respondent to nominate and appoint the arbitrator in terms of the arbitration clause within 15 days thereof otherwise the petitioner gave notice that they will appoint .....

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Nov 10 1971 (HC)

Lalchand Dharamchand Vs. Alliance Jute Mills Co. Ltd.

Court : Kolkata

Decided on : Nov-10-1971

Reported in : AIR1973Cal243

..... the defendant no. 1 i. e. the petitioner has no claim against the plaintiff i. e. the respondent under or in respect of the said contract being contract no. rj-50521 dated march 16. 1968. or in respect of the aforesaid bills submitted by the defendant no. 2. the broker r. l. ..... a_ie 1942 bom 332; union of india v. kishorilal, : [1960]1scr493 . mr. jain submitted that the claim for damages in tort is entirely dehors the contract and cannot be staved and relied on chandanmull jhaleria v. clive mills co. ltd.. air 1948 cal 257: ghewarchand rampuria v. shiva jute bailing ltd.. : ..... price to the arbitration of the bengal chamber of commerce & industry in accordance with the arbitration agreement contained and/or made part of the said contract. the bengal chamber of commerce & industry informed the respondent of the aforesaid reference.12. on october 28. 1968, the res-pondent asked ..... claim of the seller for the aforesaid price.8. on september 6, 1968, the petitioner wrote to the forward market commission, constituted under forward contract regulations act, complaining about non-payment of the aforesaid price by the respondent. by the said letter the petitioner requested the said commission to ..... the arbitration in accordance with the provisions for reference to arbitration contained in these bye-laws . . . . . '5. pursuant to the said contract the petitioner delivered certain quantities of goods to the respondent and submitted bills for an aggregate sum of rs. 20,319.37p. on account of price .....

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Jul 30 1971 (HC)

Damodar Valley Corporation Vs. Ikrah Nandi Coal Co.

Court : Kolkata

Decided on : Jul-30-1971

Reported in : AIR1972Cal153

..... by adopting a method of collecting samples from carrier belt after coal was discharged by wagon tippler.16. we have already mentioned that after the contract for supply of coal by transporting in railway wagons was concluded between the parties in june 1962 and some consignments of coal were supplied, early ..... the arbitrators or of the coal controller as the case may be is obtained and save as those which are otherwise expressly provided in the contract no payment due or payable by the purchaser shall be withheld on account of such arbitration proceedings unless it is the subject-matter or one ..... party and party and shall direct bv whom and to whom and in what manner the same shall be borne and paid. 'work under the contract shall be continued by the contractor during the arbitration proceedings, unless otherwise directed in writing by the corporation or unless the matter is such that ..... indian arbitration act. 1940 and of the rules thereunder and any statutory modification thereof shall be deemed to apply to and be incorporated in this contract. 'upon every or any such reference, the costs of and incidental to the reference and award respectively shall be in the discretion of the ..... by d. v. c. in april 1962 and clause 21 thereof contained the arbitration agreement in these terms;arbitration 'except where otherwise provided in the contract if at any time any question, dispute or difference whatsoever shall arise between the corporation and the contractor upon, or in relation to. or in .....

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Dec 01 1971 (HC)

Murlidhar Haspuria Vs. Bansidhar Halwai

Court : Kolkata

Decided on : Dec-01-1971

Reported in : AIR1973Cal193

..... on a bench decision of this court reported in air 1916 cal 376 for the proposition that a stipulation is to be implied in a written contract to give such business efficacy to the transaction as both parties must have been intended and that in certain cases an implied covenant might be inferred ..... with the clear provision in the agreement relating to profits and losses. thereafter it it stated in the agreement : 'the shop has been given on contract from date 1-12-1961 to 1-12-1966. and (with respect to the period) from 1-12-1966 to 1-12-1968 you shall have ..... to record : 'if you do not send the amount contracted for, for 3 months, then i shall come and take possession of my shop. you shall not (be competent to) raise any objection to that.' ..... respondent, should be restored. this contention cannot be accepted, having regard to the clear provision aa mentionedabove as to what would happen upon termination of the contract. i shall revert to the question of the respective rights of the parties upon termination of the agreement later in this judgment.11. the agreement thereafter proceeds ..... the words used, quite clearly indicate, that the appellant was the owner of the shop. thereafter the agreement proceeds to state : 'on the termination of the contract between you and me, you will put me (back) in charge of all these articles. i shall realise from you every month the sum of rs. .....

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May 21 1971 (HC)

Rajputana Trading Co. Pvt. Ltd. Vs. Iswarsingh Kripalsingh and anr.

Court : Kolkata

Decided on : May-21-1971

Reported in : AIR1972Cal56

..... construction on the word 'payment' used in the said sub-section. the principle of tender which in my opinion is a principle of the law of contract between parties cannot be made applicable to and included in the word 'payment' in section 17 (1) of the said act. the obligation to pay ..... accept the tender (see also bullen and leake on precedents of pleadings, 3rd ed. p. 693). that principle is substantially embodied in section 38 of the indian contract act, and was recognised by the judicial committee in buta v. municipal committee of lahore, (1900 ilr 29 cal 854).' 6. mr. bhabra also cited ( ..... the language of mr. justice clifford in colby v. reed, (1878-9 otto (us) 560) that the defendant has always been ready to perform the contract, and that he did perform it as far as he was able, by tendering the requisite money, the plaintiff himself having prevented a complete performance by his ..... of them.' it is clear, therefore, from the said section that it discharges a promisor from performing his promise and keeps intact his rights under the contract where the promisor offers to perform unconditionally the promise to the promisee and is prevented by him from doing so. according to mr. bhabra as soon ..... to the promisee, and the offer has not been accepted, the promisor is not responsible for non-performance, nor does he thereby lose his rights under the contract. every such offer must fulfil the following conditions : (1) it must be unconditional. (2) it must be made at a proper time and place, .....

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Jul 05 1971 (HC)

Mihir Kumar Sarkar and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Jul-05-1971

Reported in : AIR1972Cal8,75CWN831

p.b. mukharji, c.j.1. this is an appeal from the judgment and order of mr. justice anil kumar sen dated the 5th march, 1970, discharging the rule obtained by the appellants.2. the appellants moved this court under article 226 of the constitution against the state of west bengal, the additional district magistrate, 24-parganas and the collector (under west bengal act ii) alipore. in that application the appellants prayed inter alia for a writ of mandamus commanding the respondents to withdraw, recall and cancel the order of requisition issued by the state of west bengal on or about 5th november, 1969 and for incidental relief for injunction restraining the respondents, their officers and servants and agents from interfering with the possession of the appellants in respect of the said land notified. the appellants' challenge in this appeal is against the government's order of requisition of appellants' lands under the west bengal land (requisition and acquisition) act, 1948.3. the facts briefly appear from the order of requisition itself. in the first place the order recites:'whereas in my opinion it is necessary for creation of better living conditions in rural or urban areas by the construction or reconstruction of dwelling places in mouza dhapanagar, p. s. bhangar, district: 24-parganas for i. w. department of the west bengal to requisition the land described in the schedule below.'4. the order then traces the authority for requisition of land to the government notification .....

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Dec 20 1971 (HC)

Bisadendu Biswas Vs. Mst. Sakina Begum and anr.

Court : Kolkata

Decided on : Dec-20-1971

Reported in : AIR1973Cal135

..... under the doctrine of frustration by the court on the ground of subsequent impossibility when it finds that the whole purpose or basis of a contract was frustrated by the intrusion or occurrence of an unexpected event or change of circumstances which was beyond what was contemplated by the parties at ..... where an event making performance impossible is of such character that it cannot reasonably be supposed to have been in the contemplation of the contracting parties when the contract was made, performance or further performance of the promise is excused,27. it was held in ezekiel abraham gubar v. ram jusrov ..... entitled to the remuneration especially when the defendant prevented the sale from being completed.18. lastly. mr. ghose contended that in any event the contract on the part of the solicitor must be deemed to have become impossible of performance due to the conduct of a third party viz. the ..... remuneration is payable is expressed in clear and unambiguous terms in the said letter as recited above. thus, according to the terms of the said contract of employment, the plaintiff was to be paid the said sum of rs. 2,000/-only upon completion of the sale. the transaction not ..... the agent procured a purchaser whose offer was accepted bv the owner but the offer end acceptance were made subject to contract. thus there was no binding contract until a formal contract was executed. the owner refused to proceed further. the principle governing such cases appears to be that the intention of .....

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Jan 19 1971 (HC)

Bengal Corporation Private Ltd. Vs. the Commissioner for the Port of C ...

Court : Kolkata

Decided on : Jan-19-1971

Reported in : AIR1971Cal357

..... of these goods were provided along with the tender. the defendant nominated lloyd's register of shipping for prior inspection of the goods before delivery. such inspection was allowed. the contract provided for the furnishing of manufacturing certificates. this requirement was duly complied with. the manufacturer's certificate was accepted by the defendant without demur. lloyd's test certificate shows that ..... coming out of the outer strands), on a proper reading of the written statement in my opinion is merely the effect or consequence of the above non-conformity with the contract specifications. it is not an independent defect alleged in the written statement. in that state of affairs, the only question that falls for consideration is whether the wire ropes supplied ..... any express communication of the purpose for which these wire ropes were to be used from the defendant to the plaintiff. in fact, all the documents with regard to the contract, namely, the invitations to tender, the tender and the orders appear to be silent on the purpose for which the port commissioners required these wire ropes. mr. sinha, however, strongly ..... of the contents of these certificates.15. adverting to another aspect of this question it is submitted on behalf of the plaintiff that the obligation of the plaintiff under the contract was to furnish these test certificates. on the admitted facts this obligation of the plaintiff has been discharged. it is now for the defendant to allege and prove that the .....

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