Court : Kolkata
Decided on : Sep-15-1972
Reported in : 151ITR286(Cal)
..... bear half of any loss sustained by the other in connection with such business was held to constitute not a del credere agency, but a contract of indemnity. a del credere agency does not need to be in writing because being merely incidental to another transaction, it is not a promise to ..... any further, we may state that the assessee's contention is that with, the group a companies, it never had any privity of contract at all. contracts were entered into with the group a companies by the export company only pursuant to orders for which the assessee had canvassed in india. moreover ..... has not been traversed by the department) are (a) procuring of raw materials and manufacture of finished goods took place outside the taxable territories,(b) contracts for sale of goods were entered into outside the taxable territories,(c) price was received by the non-residents outside the taxable territories, and (d ..... on behalf of the nonresidents. some commercial activity was undoubtedly carried on by the assessees in the matter of procuring orders which resulted in contracts for sale by the non-residents of goods to merchants at amritsar. but on this account no business connection of the assessees with the ..... answer for the debt, default or miscarriage of another within section 4 of the statute of frauds.' in anson's law of contract, 21st edition, page 517, .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-14-1972
Reported in : AIR1973Cal325
..... the learned judge to determine whether or not the appellant was entitled to statutory compensation of 15% even though there might have been some commitment of the appellant in the indemnity bonds stating that the agreed value also included statutory compensation. fourthly, mr. dastidar attacked the validity of the agreement itself as inadmissible for want of proof and also that it ..... first place, that the provisions of section 23 are mandatory. therefore, even though, it is argued, there is mention of such statutory compensation either in the agreements or in the indemnity bonds that cannot override the mandatory provisions of section 23 of the act. secondly, it is submitted that although the value of the disputed lands were arrived at an agreed ..... advocate has contended that on the admitted position of the parties the appellant was precluded from raising any such objection in view of provisions of section 70 of the indian contract act. relying on two decisions of the supreme court in : air1962sc779 , state of west bengal v. b. k. mondal and sons and it is argued that the petitioner having obtained ..... on behalf of the state are not enforceable as valid contract. this is what has been held in chaturbhuj v. moreswar, : 1scr817 . this apart in the instant case, the matter did not rest in correspondence only but the appellant itself executed certain, documents in the nature of unilateral agreements and indemnity bonds in quasi-judicial proceeding stating clearly that the valuation .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-25-1972
Reported in : AIR1973Cal64
..... further evidence to justify the sale of the minors' share, it is clear that the defendants were not ready and willing to perform their part of the contract.14. mr. bhabra appearing on behalf of the defendants submitted that the questions framed in this proceeding for answer by court show that the plaintiffs had not ..... accepted the repudiation, if any, made by the defendants of the said contract, but has kept the contract alive and the questions as posed before the court entitles the defendants to make out a title to the property on the date of hearing. ..... title. by letter dated march 2/10, 1967, which is p. d. no. 19 and d. d. no. 11 the defendants purported to cancel the said contract and forfeited the earnest money of rs. 1 lakh as liquidated damages.11. it appears from the documents disclosed that the minors were, besides the premises in suit ..... following questions were put which together with the answers thereto given by the defendants' solicitor are set out hereunder:answer in view of the two indemnity bonds both dated 24-3-1961 executed by the central bank of india ltd. in favour of the vendor for the, shares of the minors and also ..... the indemnity bond dated 25--3-1961 executed by md. nazrul huq. choudhury & another in favour of the vendor the interest of the purchaser in respect thereof .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-14-1972
Reported in : AIR1973Cal33,77CWN222
..... explanation offered in subsequent letters and correspondence and the circumstances leading to the present situation. the circumstances amongst others are the acute competition in foreign markets. the contracts were entered into in may, 1962 end the notice was not given until the 8th november. 1968. a period of four years after the incident, ..... in law. judging from this point of view 'full amount payable by the foreign buyers' is the price arrived at as a result of working the contract. it may be less than the export value or the invoice of value of the goods.32. mr. sen's next submission is that both in clauses ..... made by the appellant in this case is that the invoice value declared is the full export value of the goods and is the same as that contracted with the buyer and that this is a fair valuation of the goods which were unsold. there is an undertaking in the declaration that the seller ..... by the buyer and that payment should not be delayed. the question of payment again may arise either before the sale or at the time when the contract for sale is made. the aim and object of sub-section (2) is to prohibit a person entitled to sell the goods from doing anything ..... notice, and in particular the charge relating to under-invoicing contained in the second notice. the appellant claimed that the value declared was the invoice or the contract price. this was followed by a letter dated july 11, 1969, by the 3rd respondent by which the appellant was informed that after considering the cause .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-27-1972
Reported in : AIR1973Cal401
..... trust arising out of the said contract entered into by and between her husband and the defendants. in paragraph 3 (a) of the plaint the plaintiff has pleaded that the defendants were and ..... have not been applied. in one of such exceptional cases the courts found that an obligation in equity amounting to a trust arising out of such contract did exist and as such the beneficiary had the right to sue.24. the plaintiff has pleaded that there is an obligation in the nature of ..... consideration is wider than in the english law, yet the common law principle is generally applicable in india, with the effect, that only a party to the contract is entitled to enforce the same. it is to be noted that in some exceptional cases, such as nawab khwaja muhammad khan v. nawab husaini begum, ( ..... or legal inferences derived from the admitted facts on record the court is in a position to come to the finding that the obligations under the said contract were duly performed by the said nagendra lal saha. it is contended on behalf of the defendant no. 2 that even though an issue has been ..... binding upon the defendants. it is also pleaded therein that the said agreement was not enforceable in law inasmuch as the same was not a concluded contract at all because the plaintiff failed and neglected to execute the formal deed of transfer and/or release and/or surrender and/or relinquishment in respect of .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-05-1972
Reported in : AIR1973Cal279,78CWN744
..... certain circumstances; but even if there is no such express term, an implied term as to when the partnership will determine may be found in the contract.' 17. under the facts of the ease before the supreme court it was held that the partnership was not a partnership at will.18. in ..... at will.'16. the supreme court further held:'the duration of the partnership may be expressly provided for in the contract; but even where there is no express provision. courts have held that the partnership will not be at will if the duration can be implied. ..... to section 7 of the indian partnership act and held:'section 7 contemplates two exceptions. the first exception is where there is a provision in the contract for duration and second exception is where there is a provision for determination of partnership. in either of these cases, the partnership is not a partnership ..... or not, section 7 of the partnership act has to be considered.11. under section 7 of the partnership act, where no provision is made by the contract of partnership for (a) duration of the partnership or (b) for determination of the partnership, the partnership is a partnership-at-will. therefore, the most ..... the general rules of partnership are well settled. where no term is expressly limited for its duration and there is nothing in the contract to fix it, the partnership may be terminated at a moment's notice by either party ............ withoutdoubt, in the absence of express, there may be .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-31-1972
Reported in : AIR1973Cal1,76CWN1048
..... under him. section 53-a does not provide either expressly or by necessary implication that the protection is available only in a case where the contract or the instrument of transfer is invalid for non-registration of the same under the registration act or under the transfer of property act. the contention ..... the special act will prevail. according to him section 53-a of the transfer of property act will apply only to those cases where the contracts or transfers which are required to be registered under the registration act or the transfer of property act have not been registered.25. the contention of ..... claiming under him from enforcing any right in respect of the property of which the transferee has taken or continued to be in possession under a contract or instrument of transfer which is invalid for want of registration. in order to attract the provisions of section 53-a, the plain-tiff must ..... necessary to refer to the provisions of section 53-a of the transfer of property act. which, runs as follows:--'53-a where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can ..... by the privy council that the defendant was protected under section 53-a of the transfer of property act, and the minor for whose benefit the contract was entered into answered most aptly the description of the 'transferor' in the sense in which the expression was used in the section. it has .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-24-1972
Reported in : AIR1972Cal361,77CWN738
..... avoided at the instance of the company notwithstanding that its terms were perfectly fair.xxxxxxxxxxlater cases have added little to the general principle thus enunciated. it appliesnot only to contracts directly with thedirectors but also to those in which theyare in any way interested, whether becausethey benefit personally however indirectly,or because they are subject to a conflicting duty ..... such conditions as it may think fit to impose) that contract or agreement, and the contract or agreement shall have effect accordingly.'4. the authorised controller's case, inter alia, was that the agreement, if any, between india electric works limited and ..... may, if satisfied after due inquiry that such contract or agreement had been entered in bad faith and is detrimental to the interests of the industrial undertaking make an order cancelling or varying (either unconditionally or subject to ..... undertaking may, with the previous approval of the central government, make an application to any court having jurisdiction in this behalf for the purpose of cancelling or varying any contract or agreement entered into, at any time before the issue of the notified order under section 18-a, between the industrial undertaking and any other person and the court .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-01-1972
Reported in : (1972)IILLJ359Cal
..... the rate of the overtime wage, whether it would be a contractual rate as alleged by the petitioner or the rate as provided under section 13 of the act. no contract was produced by the petitioner in the tribunals below to prove the so called contractual rate. so, apparently, the employer's application under section 14 of the act does not .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-31-1972
Reported in : AIR1972Cal295
..... being issued by the said architects. it was provided under clause 29 (a) that the contractor was given the right even to determine the said contract if the payment would not be made under the certificate of the said architects as provided therein. it appears from the counter-statement of facts ..... 2scr793 . it is argued that by allowing the claim made under category 'b' the arbitrator in effect has increased the rates mentioned in the contract and accordingly, the same was beyond the scope of the arbitrator's jurisdiction. in the case before the supreme court the persons who supplied ghee to ..... a letter to the solicitors for the respondent whereby he indicated that the respondent might refer the matter to arbitration under the terms of the contract if so advised. it was stated categorically therein that no court of law had jurisdiction to entertain the claim of the respondent in the face ..... of the said architects to (furnish?) them with all the invoices, accounts receipts and other vouchers that they might be required in connection with the said contract. clause 22 of the said conditions provided, inter alia, that the work would be completed not later than april 30, 1959. clause 23 of the ..... of a building at new delhi. the work orders were issued and the respondent was asked to commence the work on the understanding that the formal contract would be issued in due course. in the matter of the said agreement the petitioner's architects messrs. ballardie, thompson and matthews acted as .....Tag this Judgment!