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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1974 Page 1 of about 21 results (0.015 seconds)

Jul 01 1974 (HC)

State Bank of India Vs. the Economic Trading Co. S.A.A. and ors.

Court : Kolkata

Decided on : Jul-01-1974

Reported in : AIR1975Cal145

..... of the promisor himself, or by the conduct of any other person, is called a 'contract of indemnity'.'the section in its terms is dependent upon the obligation which arises on the loss caused to the party to be indemnified. the loss may. ..... the state bank of india to the bank of alexandria. the scope and effect of an indemnity is dealt with under the provisions of section 124 of the indian contract act which provides as follows:--'a contract by which one party promises to save the other from loss causedto him by the conduct ..... buyer defendants nos. 1 and 2 were wrongfully purporting to cancel the contract of the said goods. there was a telegram received by the state bank of india from the bank of alexandria on the 28th november, 1967 ..... to be supplied and inspected by surveyor messrs. norman, stewart & co. was not according to specification. therefore, the foreign buyer purported to cancel the contract. the said repudiation, however, is denied and disputed by the plaintiff. the plaintiff alleges that the jute bags were manufactured according to specification and the foreign ..... as per terms of the contract the guarantee should be valid upto the 31st may, 1968. the said instructions are contained in the letter dated the 25th august, 1967. which appears at page 26 of the paper book. on the 29th august, 1967, a letter of indemnity and/of counter guarantee was .....

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Jan 14 1974 (HC)

Planters Airways Pvt. Ltd. Vs. Sterling General Insurance Co. Ltd.

Court : Kolkata

Decided on : Jan-14-1974

Reported in : AIR1974Cal193

..... shall satisfy the company by such evidence as the company may reasonably require that the loss or damage in respect of which theinsured claims indemnity has actually arisen from one of the risks insured against and that the property in respect of which such claim is made is not merely ..... (6), there were no statutory provisions in england empowering the court to extend the time which the parties fixed for preferring a claim under a contract to arbitration. the said provisions of english act in section 16 (6) have been reproduced in the indian arbitration act, 1940 section 37(4) ..... including the arbitration clause, unless the provisions of the clause are wide enough to include the question of jurisdiction. where the existence of the contract is acknowledged, but one of its terms is relied upon as disentitling the claimant to recover, the arbitration clause is effective. the distinction is ..... the respondent's insurance company has disclaimed the claim of the petitioner on the ground of fraud as the police report declared. therefore, the whole contract has become void and the arbitration clause cannot be invoked. i cannot accept the contention of mr. sinha firstly, on the ground that the said ..... a ground for rejecting this application of the petitioner. the second contention of mr. sinha was that under clause 12 of the said insurance contract, the petitioner should be' deemed to have abandoned all its claim having not referred the matter to arbitration within three months after the said .....

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May 14 1974 (HC)

Maheswari and Co. Pvt. Ltd. and anr. Vs. the Corporation of Calcutta

Court : Kolkata

Decided on : May-14-1974

Reported in : AIR1975Cal165

..... the party and assuming it was rejected arbitrarily. second aspect of the relief is dependent on having negative covenant between the parties. negative covenantwould depend upon the terms of the contract express or implied. in this case it isadmitted that there was no such negative covenant expressly. it is argued fromthe facts of this case a negative covenantshould be implied. ..... were manufactured only at the specification of the defendant. these pipes have been rejected; according to the plaintiff rejected wrongfully and arbitrarily and in breach of the terms of the contract. according to the defendant, the rejection is valid and proper. that is the dispute pending before the arbitrators and the form of the relief will depend upon the dispute. ..... requested the plaintiff for the execution of the agreement after deposit of 5% security money. the plaintiff on the 19th may. 1973 wrote to the defendant recording that the contract papers had not yet been sent by the defendant and as such the security money could not be deposited, but offers were made for delivery immediately because stocks were ready ..... pipes & industries. the petitioner in this application asks for an order of injunction restraining the defendant corporation of calcutta from opening or accepting any tender or entering into arty contract with any third party pursuant to a public press notice inviting tenders issued on the 24th january, 1974. the petitioner further asks for an injunction restraining the corporation of calcutta .....

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Aug 23 1974 (HC)

Ganpatrai Sagarmull and anr. Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Aug-23-1974

Reported in : AIR1975Cal265

..... maintain the suit for the full value of the consignment. the majority decision, how-ever, left the point open whether the transfer of a railway receipt would necessarily transfer the contract of carriage embodied therein.29. on the evidence adduced in this case it appears to me that the plaintiff no. 1 is an endorsee of the railway receipt for valuable ..... consignor can make a vaild pledge by bona fide transfer of documents of title and the same is true of owners with defective titles; (c) construing section 180 of indian contract act, the supreme court held that a pledgee has the same remedy as the owner of the goods would have against a third person for deprivation of the said goods ..... this court in the case of mohammed safique v. union of india, reported in : air1963cal399 . it was held in this case that endorsement of a railway receipt transfers both the contract of carriage as also the title to goods in favour of the endorsee. next he relied on another decision, of this court in the case of commrs. for the port ..... that it was the plaintiff no. 2 who drew the hundi after payment against which the plaintiff no. 1 obtained the railway receipt from the canara bank ltd.22. the contract of carriage under the said railway receipt being between k. p. ramaswami nadar sons & co. and the railways the plaintiff no. 2 cannot base its cause of action on the .....

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Feb 08 1974 (HC)

Trailakyanath Maity and anr. Vs. Provabati Santra and ors.

Court : Kolkata

Decided on : Feb-08-1974

Reported in : AIR1974Cal261

..... evidence either oral or documentary adduced by them in proof of their assertion that they were ready and willing to perform their part of the contract within a reasonable time. on the contrary, conduct of the appellants reveals that they did not tender the balance of consideration money and take ..... conveyance in their favour. it is, however, contended by mr. mitter, learned advocate for the appellant, that time was not the essence of the contract, firstly, because the only stipulation that was made in case of failure to tender the balance of consideration money within the date specified in the ..... to ascertain whether the parties intended that in the agreement for sale in question in a given case the time would be essence of the contract. we think, the learned trial court correctly followed the principle relying on several decisions noticed by it in the judgment and on consideration of ..... court also held with a further finding that the respondent no. 3 cancelled the agreement because of such non-performance of their part of the contract by the present appellants and took possession of the property. 5. as regards the possession of the properties the learned trial court found that the ..... dated 27th may, 1959 was still then subsisting and valid and in spite of their being ready and willing to perform their part of the contract at all material times abinash wrongfully refused to execute and register a conveyance on accepting the balance of the consideration money. in the circumstances, .....

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May 21 1974 (HC)

Hindustan Steel Works Construction Ltd. Vs. Bharat Spun Pipe Co.

Court : Kolkata

Decided on : May-21-1974

Reported in : AIR1975Cal8

..... in substitution of liabilities. on the other hand, rights under a contract were assignable unless the contract was personal in its nature or the rights were incapable of assignment either under the law or under the agreement between the paties ..... of the obligations thereunder, and there is a well recognised distinction between these two classes of assignments. as a rule obligations under a contract could not be assigned except with the consent of the promisee and when such a consent was given, it is really a novation resulting ..... in its nature not assignable or. it was said, was only assignable where the assigns were expressly mentioned in the clause itself or the contract which contained the arbitration clause was itself expressly declared to be assignable. lord greene, m. r. observed that these propositions were incapable of ..... a deed of partnership dated the 2nd of november, 1967, was produced before me whereunder this partnership was formed in respect of the said contract with the hindustan steel works construction ltd. and the work carried thereunder. according to the petitioner the petitioner was not aware of this transformation ..... there was an agreement in writing between hindustan steel works construction ltd., the petitioner herein and m/s. bharat spun pipe company. the said contract was executed on the 7th october, 1967. one shrigopal modi was the sole proprietor of bharat spun pipe company at that time. thereafter, .....

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Apr 29 1974 (HC)

Walamji Lalji Vs. Anil Charan Bangal and ors.

Court : Kolkata

Decided on : Apr-29-1974

Reported in : AIR1975Cal92,78CWN735

..... protection as provided in section 65 of the contract act. it lays down the principle of restitution of the benefit received on the basis of an agreement subsequently discovered to be void or void from ..... effect of nonregistration of the deed of sale, ext. 1 and the coming into operation of the west bengal estates acquisition act is to make the contract void. we agree with the contention of mr. palit that the plaintiff discovered the same afterwards. this has given the plaintiff a right to claim ..... whether the provisions of section 56 of that act are attracted to this case. before we proceed further we may examine section 56 of the contract act. a careful reading of that section shows that the following conditions are essential to be established before a person can get any relief under ..... up for consideration the plaintiff's right was defeated by the enactment of the west bengal estates acquisition act. it is also seen that the contract which was entered into between the parties was void for want of registration of the deed in question. the defendant cannot take the advanatage of ..... being the purchaser has the right to get compensation from the state of west bengal.17. mr. palit learned advocate for the respondent submitted that contract to sell the woods of the jungle became void after the passing of the west bengal estates acquisition act firstly because the right of the purchaser .....

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Jul 17 1974 (HC)

Milan Kumar Das Vs. Sm. Purnasashi Dassi and ors.

Court : Kolkata

Decided on : Jul-17-1974

Reported in : AIR1974Cal380,(1975)1CompLJ30(Cal),79CWN9

..... half.' (setlur, chapter ii, section 11, page 60. paragraph 34).this text has been interpreted by mitakshara as follows--'she is said to be superseded, over whom a marriage is contracted. to a wife so superseded, as much should be given on account of the supersession, as is expended for the second marriage: provided separate property had not been previously given .....

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Dec 13 1974 (HC)

Commissioner of Income-tax Vs. Prem Chand Jute Mills Ltd.

Court : Kolkata

Decided on : Dec-13-1974

Reported in : [1978]114ITR769(Cal)

..... jute-in-process at the mill at the then market rate or at the rate mutually agreed upon. the lessor, however, would not be in any way liable for any contract or commitment which the lessee might have entered and not fulfilled at the time of determination of the lease. the lease recited that the lessee would be at liberty to .....

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Mar 13 1974 (HC)

Shambhunath Pal and ors. Vs. Indian Iron and Steel Co. Ltd.

Court : Kolkata

Decided on : Mar-13-1974

Reported in : AIR1975Cal194,79CWN95

..... bench was given in the following terms :--'that, under section 9(1)(b)(iii) of the west bengal non-agricultural tenancy act, 1949, in the absence, of course, of a contract to the contrary 'a year of the tenancy' means a year or a period of 12 months according to the calendar of the particular tenancy, starting with its date of .....

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