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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1973 Page 1 of about 24 results (0.014 seconds)

Mar 28 1973 (HC)

Ramgopal Lath Vs. the Commonwealth Assurance Co. Ltd.

Court : Kolkata

Decided on : Mar-28-1973

Reported in : AIR1973Cal504

..... ornaments did not tally with the list of ornaments mentioned in the letter to the police written on march 25, 1969. dr. das also contends thai the contract of insurance is a contract of indemnity and accordingly the claimant must give evidence of value in order to succeed.4. it appears that the arbitrator in making the award has not given any reason ..... material. it is not a matter which is within the special knowledge of the arbitrators as businessmen of experience and they can only decide that the due dates of the contract were extended provided there were some materials before them on the point. they may be right or they may be wrong but they are entitled to come to a conclusion ..... by the order made under section 20 of the indian arbitration act, 1940 the arbitrator was directed to decide the question whether or not the terms and conditions of the contract of insurance had been satisfied by the petitioner herein. the second argument is to the effect that the arbitrator was guilty of legal misconduct inasmuch as she was clearly wrong .....

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Apr 11 1973 (HC)

Balaram Chatterjee Vs. Hindustan Steel Ltd.

Court : Kolkata

Decided on : Apr-11-1973

Reported in : (1975)ILLJ23Cal

..... so intended it. if he did, i cannot agree with him.18. if there be a dismissal without notice the employer must pay an indemnity, but that indemnity cannot include either compensation for the injured feelings of the servant, or for the loss he may sustain from the fact that his having been ..... the amount earned in the service wrongfully terminated and the time likely to elapse before the servant obtains another post for which he fitted. if the contract expressly provides that it is terminable upon, e.g. a month's notice, the damages will ordinarily be a month's wage ....no compensation ..... the period of notice and the plaintiff was prevented from acting as manager. the plaintiff filed a suit claiming various reliefs including damages for breach of contract. he was successful in the lower court and obtained damages assessed at six hundred pounds on account of wrongful dismissal. bat the court of appeal ..... was entitled to twelve months notice. but clearly the servant's damages ought not to be so limited, the master has committed a breach of contract and so ail damages naturally flowing therefrom ought to be recoverable.15. relying on such authorities mr. roy mukherjee contends that the court should not ..... terminated the latter's appointment with effect from 22nd january, 1960. as such the said termination was wrongful.3. by reason of such breach of contract on the part of the defendant the plaintiff has suffered loss and damages assessed at rs, 50,000. the defendant has not paid any part of .....

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Mar 13 1973 (HC)

Dr. M.N. De and anr. Vs. Dr. B.N. Mukherjee, Principal, Calcutta Natio ...

Court : Kolkata

Decided on : Mar-13-1973

Reported in : AIR1973Cal519

..... were not statutory rules but in the nature of administrative orders such rules could not override the provision of the act xvii of 1967 which recognised and continued the existing contracts and obligations of the national medical college even after the appointed day giving the same statutory recognition. according to mr. chakraborty, it was not open to the state government to ..... -medical course were not required to obtain 50% marks in the three science subjects for being eligible for admission to the course. therefore, the state government cannot now override the contract by framing rules in the year 1972 and insist that the nominee of the petitioner no. 1 for admission to the pre-medical course would be ineligible for admission unless ..... ) and (3) of section 3 of act xvii of 1967 which provided for recognition of deeds of gifts and endowments etc. made to this institution and for continuance of its contract, debts etc. section 6 of the said act empowered the state government to make rules for carrying out the purposes of the act.3. the petitioner no. 2 is stated ..... of specific performance. mr. dipankar gupta, learned advocate for the respondents, contended that the petitioners' claim was founded entirely on an alleged contract and/or agreement according to mr. gupta, this contract was akin to personal contracts and agreements the performance of the terms of which were incapable of being supervised by a court of law. therefore, a writ would not lie for .....

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Jun 12 1973 (HC)

Anand Construction Works Vs. the State of Bihar

Court : Kolkata

Decided on : Jun-12-1973

Reported in : AIR1973Cal550

..... the compensation because the same cannot be calculated in accordance with the established rules in the facts and circumstances of the particular case then the amount named in the contract itself would be considered as evidence of reasonable compensation. under such circumstances, it becomes liquidated damages as is commonly known in english common law. it seems that ..... to award such compensation as it deems reasonable having regard to all the circumstances of the case. jurisdiction of the court to award compensation in case of breach of contract is qualified except as to maximum stipulation; butcompensation has to be reasonable and that imposes upon the court duty to award compensation according to settled principles. the section ..... june, 1944 and further that theonly way the contractor would claim anexemption was on the basis of the writtenextension of time as provided under clause 4of the conditions of contract. moreover, thedocumentary evidence would clearly suggestthat the government repeatedly intimated thecontractor that liquidated damages would belevied under clause 2 if the materials wouldact be delivered within 30th june ..... 1944 the plaintiff asked the executive engineer to withdraw the above notice. by his letter dated march 31, 1944 the executive engineer intimated the plaintiff that in the contract there was no stipulation that trucks were to be arranged for by his department. the plaintiff thereupon asked for accommodation by supplying lease/lend trucks and thereupon the .....

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Jun 12 1973 (HC)

Deepchand Mini Vs. Ticamchand Mini

Court : Kolkata

Decided on : Jun-12-1973

Reported in : AIR1974Cal222,78CWN478

..... and they were inserted in terrorcm as contended on his behalf. the timely payment of the instalments is not of the essence of the contract and therefore the equitable jurisdiction of this court in the matter of granting relief against penal and forfeiture clauses and the provisions in terrorom should ..... 15, 1959 there were definite stipulations fixing dates for performance of the contract; (ii) that the second and the third agreements contained clauses which imposed penalties upon the party guilty of default; and (iii) that appellants 1 ..... conclusion that time was of the essence of the contract of sale : (i) though no time was prescribed by the oral agreement, in the agreements in writing dated april 4, 1959 and april ..... main purpose of the parties, and it will enjoin specific performance notwithstanding that from the point of view of a court of law the contract has not been literally performed by the plaintiff as regards the time limit specified.the trial court relied upon three circumstances in support of its ..... defendant from these penal or forfeiture clauses for, according to him, the time for payment of those instalments is not of the essence of the contract between the parties.10. in support of the above contentions mr. das placed strong reliance on the decisions in the cases of ram gopal mookerjea .....

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Mar 14 1973 (HC)

Bimalendu Bhusan Das Vs. Firm Mitra and Ghosh

Court : Kolkata

Decided on : Mar-14-1973

Reported in : AIR1973Cal515

..... and publishing business and also for storing books at the suit premises'. 'the plaintiff requires at least 2 rooms on the ground floor for accommodation of the printing machine.' 'the contract of service with karmacharies is to provide accommodation. the plaintiff has got as many as 32 karmacharies and at present he has to provide them one room, only, at the ..... by accepting rent, or when the tenant attorns to the purchaser by paying rent to him as a tenant. acceptance of rent and attornment establish the relationship by privity of contract spelled out from those acts of the parties. in the event of succession by inheritance of the interest of either landlord or tenant, the successor inherits the property with the ..... rights and liabilities under the contract of tenancy and the privity of the contract continues, though there may not be any act of parties.9. in the present case that privity was established on 20th september, 1965, in respect of ..... remembered that relationship of landlord and tenant is established contractually and their mutual rights and liabilities under the law depend on privity of contract. when either of the parties transfers his interest in the property, a new privity of contract need be established between the parties to establish a relationship of landlord and tenant. that happens when a purchaser of the landlord .....

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Mar 27 1973 (HC)

Dilip Kumar Singha Vs. Abodh Gopal Ghosh

Court : Kolkata

Decided on : Mar-27-1973

Reported in : AIR1973Cal473,77CWN515

..... tenancy has come into existence, there is no further scope for determining such tenancy by the tenant by notice to quit though the parties may enforce their right under the contract which the impugned notice by the tenant and its acceptance may, it could be said, have brought into existence, though we are not concerned with the same in this appeal ..... the termination of his tenancy. in the case of a valid notice, the contractual tenancy is terminated and the possession by such person thereafter is not on the basis of contract but under provisions of the statute. this tenancy is described and accepted as a statutory tenancy and its incidents are governed obviously by statute. the incidents of such tenancy do ..... the act is in the following terms:' 'tenant' means any person by whom or on whose account or behalf, the rent of any premises is, or but for a special contract would be, payable and includes any person continuing in possession after the termination of his tenancy or in the event of such person's death, such of his heirs as ..... automatically come to an end on the expiration of such notice, even though the party giving it has purported to waive or withdraw it. the parties may, by a new contract create a new tenancy which is what is sometimes meant by 'waiving' a notice to quit, but the old tenancy no longer exists.'the provision in ground (j) of section .....

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Jun 28 1973 (HC)

National Agricultural Co-operative Marketing Federation Ltd. Vs. Govin ...

Court : Kolkata

Decided on : Jun-28-1973

Reported in : AIR1974Cal399,77CWN914

..... in august, 1970, the opposite party instituted a suit against the petitioner in the citv civil court at calcutta claiming damages amounting to rupees 43,370/- for alleged breach of contract. in its written statement the society raised inter alia a question as to the maintainability of the suit in view of section 70of the bombay act. section 70 of the .....

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Dec 14 1973 (HC)

Narayan Chandra Garai and ors. Vs. Matri Bhandar Pvt. Ltd. and anr.

Court : Kolkata

Decided on : Dec-14-1973

Reported in : AIR1974Cal358,78CWN555

ordersudhamay basu, j. 1. this is a petition by (1) sm. annapurna de, inter alia, to be added as a party defendant in suit and for an order vacating and/or setting aside an order of injunction dated the 9th september, 1969.2. the case made out by the petitioner is, as would appear from the affidavit of one sudhangshu kumar seal affirmed on the 14th september, 1973 in support of the petition, that she is a widow and housewife residing at calcutta. on 17th may, 1969 she entered into an agreement with one sanatan kumar daw, the defendant no. 2 in this suit to purchase the property of the defendant no. 2, a two storied building at bethuadahari, nadia for a price of rs. 18,000/-. she paid a sum of rs. 2,000/- by way of earnest money. the transaction was to be completed within six months from the date. the petitioner was to advance further sums to the vendor from time to time if the latter would be in need of the same. it is further alleged that the petitioner up to the 1st of august, 1967 advanced rs. 13,000/- by various instalments. it is also stated that the defendant no. 2 deposited title deeds of the property at calcutta and by two letters dated 21-2-1976 b. s. and 17-4-1976 b. s. corresponding to 4th of june and 2nd of august, 1969 respectively, mortgaged the properties to the petitioner. the defendant no. 2 failed and neglected to convey the property to the petitioner, she claims that she is entitled to a charge on the said property. on the 23rd june, 1973 for the first time .....

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Apr 11 1973 (HC)

Sm. Panna Banerjee and ors. Vs. Kali Kinkor Ganguli

Court : Kolkata

Decided on : Apr-11-1973

Reported in : AIR1974Cal126

..... reported in 70 ind app 1--(air 1943 pc 29), there the judicial committee passed a decree for the repayment of a loan by invoking section 65 of the indian contract act, 1872 solely on the ground that it was a pure question of law. that decision of the board does not help mr. roy for a custom is not a ..... and claimed recovery of money advanced as a matter of restitution; it was held that the mortgagee had the right to refuse to be bound by the contract of loan when the basis of the contract was gone and could claim restitution. it was also held that in that case the court below was unduly rigid on the question of pleading and .....

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