Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1976 Page 1 of about 24 results (0.013 seconds)

Jul 23 1976 (HC)

Balsukh Refractories and Ceramics Ltd. Vs. Hindusthan Steel Ltd. and o ...

Court : Kolkata

Decided on : Jul-23-1976

Reported in : AIR1977Cal20

..... opposite party no. 1) they shall be instituted in the appropriate civil court of durg (district)'. 11. on a consideration of clause 23 of the general conditions of contract it is evident that the said clause embodies an arbitration agreement. in this case undoubtedly the petitioner failed to supply the requisite quantity of fireclay bricks and refractory materials as ..... after having appointed sri satipati banerjee as its arbitrator for decision of the dispute by arbitration is not competent to question the existence of any arbitration agreement in the contract entered into between them. mr. mukherjee has next submitted that the arbitrator sri satipati banerjee appointed by the petitioner having failed and neglected to proceed with the arbitration ..... said application. it has been further submitted by the learned counsel appearing on behalf of the petitioner that the learned subordinate judge was wrong in not holding that the contract had become void being impossible of further performance. it has been lastly contended that the appointment of the opposite party no. 2 as the sole arbitrator is illegal and ..... sole arbitrator will lead to substantial miscarriage of justice. it has, therefore, been prayed that the question whether there is an arbitration agreement in respect of the above mentioned contract between the petitioner and the opposite party no. 1 should be determined. there is also an alternative prayer for setting aside the purported appointment of the opposite party no. .....

Tag this Judgment!

Sep 10 1976 (HC)

Kartik Chandra Bera Vs. Bhusan Chandra Guria

Court : Kolkata

Decided on : Sep-10-1976

Reported in : AIR1977Cal52

..... reasonable time. the court further observed that in cases, where the parties intended in the first conception of the agreement to make time the essence of the contract, the court would not be competent to extend the time, except by consent of all parties concerned. in jadabendra v. monorama debya, : air1970cal199 the ..... lj 244 = (air 1921 cal 356) in which sir ashutosh mooker-jee speaking for the division bench observed that in case of specific performance of contract to sell real estate, equity which governs the rights of parties looks, not at the letter but at the substance of the agreement, in order to ..... reasonable time. this judgment, it appears, is of no assistance to the plaintiff as. we have already seen the time was made essence of the contract as its material term by agreement in a protracted litigation.6. mr. mukherjee has referred also to the decision in kandarpa nag v. ban-wari lal ..... provision of the agreement which was a material condition thereof there is no escape from the conclusion that the parties made the time essence of the contract between them providing for consequence for failure to perform the obligations therein imposed on either party.5. it has been next contended that even in ..... admit and egree that (i) each term of solenama is consideration of the other, (ii) in this compromise the time is the essence of the contract, (iii) the plaintiff within april 26, 1969 will execute as vendor on behalf of his youngest minor son kristo prasad bera, a kobala for about 6 .....

Tag this Judgment!

Jan 22 1976 (HC)

Monoj Kanti Bose and ors. Vs. Bank of India and ors.

Court : Kolkata

Decided on : Jan-22-1976

Reported in : (1977)IILLJ285Cal

..... of the employee.31. as non-payment of pay and allowance for unauthorised absence results in deduction from the pay and allowance payable to the employee in accordance with the contract of employment, principles of natural justice are, in my opinion, attracted the question that, their fore, requires consideration is whether in making the deduction for the unauthorised absence on ..... there were admittedly mass demonstrations by the employees and as the employees had held demonstrations during these hours they could not have possibly rendered any services in terms of the contract of employment during those hours. mr. roy chowdhury has submitted that such conduct on the part of mr. roy chowdhury has, submitted that such conduct on the employees also ..... diminution in the monthly pay of an employee affects his rights and interests prejudicially and no order can be passed by the bank reducing the monthly salary payable under the contract or deducting any part there from without giving the employee concerned a reasonable opportunity of making representation to the orders making pro rata deductions from the salary of the employees ..... ) any diminution in the monthly pay of an employee affects his rights and interests prejudicially and no order can be passed by the back reducing the monthly salary under the contract or deducting any part there. from without giving the employee concerned a reasonable opportunity of making his representations; (4) the orders in question are mala fide; (5) if the .....

Tag this Judgment!

Sep 03 1976 (HC)

Raipada Pramanik Vs. the State of West Bengal

Court : Kolkata

Decided on : Sep-03-1976

Reported in : AIR1977Cal7

..... relief matters as well. thus the evidences clearly proved that the sub-divisional controller, food and supplies had been duly authorised to enter into the contract on behalf of the governor of west bengal by the district magistrate, nadia at krishnagar. the plaintiff thus discharged the onus which lay upon him. ..... supplies and relief, krishnagar at that time stated that so far as he remembered the district magistrate authorised the sub-divisional controller to sign the contracts in relief matters. the letter of authority is in office. in cross-examination he stated that he saw the collector's authority giving to narendra ..... should be executed on behalf of the governor by such person and in such manner as might be directed or authorised by him. a contract not made in accordance with the above statutory requirement has been subsequently ratified by the government or by any appropriate authority on its behalf if ..... on the plaintiff to prove that the sub-divisional controller, food and supplies, krishnagar, nadia had no (sic) authority to enter into any contract on behalf of the government in respect of relief materials. it was also held that from the printed form of agreement it was clear that the ..... constitution of india inasmuch as sri narendranath sarkar, the then sub-divisional controller, food and supplies had no authority to enter into such a contract. the appointment of arbitrator by the petitioner was illegal as the same was not in accordance with the clause 23 of the agreement and the .....

Tag this Judgment!

Feb 19 1976 (HC)

indra Narayan Laik and anr. Vs. Commercial Tax Officer and ors.

Court : Kolkata

Decided on : Feb-19-1976

Reported in : [1977]40STC230(Cal)

..... in a highly organised society. delimiting areas for transactions or parties or denoting price for transactions are all within the area of individual freedom of contract with limited choice by reason of ensuring the greatest good for the greatest number by achieving proper supply at standard or fair price to eliminate the evils of hoarding ..... which individuals may create by such acts and transactions. the complexity of modern activities and the consequent difficulty of providing for every eventuality have shaken fervour for freedom of contract as there was during the nineteenth century. the economic environment has changed. the individual freedom is to be reconciled with adequate performance by the government of its functions ..... orders regulating the supply and distribution of goods by and between the parties under control orders in a state do not absolutely impinge on the freedom to enter into contract. legislative measures or statutory provisions fixing the price, delivery, supply, restricting areas for transactions are all within the realm of planning economic needs ensuring production and distribution ..... agreements and the agreements contained intrinsic evidence that the growers agreed to sell and the factories agreed to buy. there was offer, inspection and appropriation of goods to the contract. the mutual consent was not merely implicit but was explicit. the transaction in that case, according to the supreme court, constitutes sale within the meaning of section 2( .....

Tag this Judgment!

Feb 04 1976 (HC)

Sunderlal and Sons Vs. Yagendra Nath Singh and anr.

Court : Kolkata

Decided on : Feb-04-1976

Reported in : AIR1976Cal471

..... of execution has been excluded, in my opinion, is clearly indicative of the fact that the proceedings in execution which are to enforce rights arising from contracts would be covered by section 69 of the indian partnership act. in that view of the matter i am unable to accept the contention that execution proceedings ..... words 'other proceeding'.6. i am therefore, of the opinion that where execution is in respect of a claim arising out of a suit based on a contract, the prohibition indicated by section 69 would apply. furthermore, the fact that in sub-clause (b) of sub-section (4) of section 69 of the ..... and as such cannot be executed.5. counsel for the decree-holder, however, contended that the bar was against suit to enforce a right arising from a contract or conferred by the partnership act. therefore, according to counsel, the execution application was not one which was prohibited by section 69 of the partnership act. ..... the provisions of sub-sections (1) and (2) shall apply also to a claim of set-off or other proceeding to enforce a right arising from a contract, but shall not affect- (a) the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm, or any ..... of the partnership act. the said provisions provide as follows:--'69. effect of non-registration. (1) no suit to enforce a right arising from a contract or conferred by this act shall be instituted in any court by or on behalf of any person suing as a partner in a firm against the firm .....

Tag this Judgment!

Jun 22 1976 (HC)

State of West Bengal and anr. Vs. Ajit Kumar Mukherjee

Court : Kolkata

Decided on : Jun-22-1976

Reported in : AIR1977Cal273,81CWN36

..... are fulfilled. 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 acceptance in ..... of the supreme court in the case of union of india v. n. k. private ltd. : [1972]3scr437 . in that case while dealing with a contract under article 299 of the constitution of india, it has been observed, that :'it is now settled by this court that though the words 'expressed' and 'executed ..... principal sum should have been allowed in terms of the claim from november 24, 1948 to december 13, 1951. mr. mitter further submitted that since the contract in the instant case was not severable and admittedly the defendants had duly accepted the supply of ghee, so the property passed to the buyer viz., the ..... there has been no dispute that the supplies were meant for the use of the police personnel and there existed a lawful relationship between the parties to the contract, in terms of the decision of the supreme court in the case of state of west bengal v. b. k. mondal & sons, reported in : ..... . roychowdhury, in half seriousness repeated that in view of the provisions in section 175(3) of the government of india act 1935, there was no valid contract in the instant case. however, in view of the admitted fact that the plaintiff was requested by the defendant no. 2 to supply ghee, which was .....

Tag this Judgment!

Jun 04 1976 (HC)

Lalit Mohun Dutta Vs. Basudeb Dutta and anr.

Court : Kolkata

Decided on : Jun-04-1976

Reported in : AIR1976Cal430,80CWN774

..... which is to the following effect 'nothing herein contained shall affect any law in force in india and not hereby expresely repealed by which any contract is required to be made in writing or in the presence of witnesses or any law relating to the registration of documents'. the word 'documents ..... of other documents. mr. ghose contended that if it was intended that the 'documents' in sub-section (1) of section 25 of the contract act would include only agreement then the provision would be redundant, for if the agreements were to be registered under the indian registration act this provision ..... the opposite parties, at an earlier hearing.8. the next point requiring consideration is whether this agreement is a valid and enforceable contract under the indian contract act 1872, to the general rule that agreement without consideration is void, there are some exceptions as provided in section 25 of the said ..... be done. in the case before us there is no difficulty in ascertaining the actual amount that would be payable for non-performance of the contract. accordingly i do not think that there is any substance in this point which at one time was taken by mr. das learned advocate for ..... suit as the agreements were not required in law to be registered under the registration act and as such the provisions of section 25 of the contract act in regard to registration had no application. the plaintiff was accordingly entitled to a decree on these agreements.7. mr. manindra nath ghose .....

Tag this Judgment!

May 28 1976 (HC)

Siemens (India) Ltd. Vs. Assistant Commissioner of Commercial Taxes

Court : Kolkata

Decided on : May-28-1976

Reported in : [1976]38STC480(Cal)

..... tax) act, 1941. the petitioner has also a registration certificate under the central sales tax act, 1956.2. it is the case of the petitioner that the petitioner entered into contracts with several parties including the director-general of supplies and disposals, the indian railways, m/s. hindustan steel limited, durgapur steel plant, durgapur, for the supply of the electrical goods ..... the indents with the foreign parties indicating the names of the parties for whom the goods were imported together with their purchase order references, import licences, etc. according to the contracts, the petitioner states, the goods were to be manufactured in west germany as per the specification. after verification and inspection by the representatives of the said d.g.s. & d ..... indian railways the inspection certificates were issued. it is not necessary to refer in detail, for the purpose of this application, to the other terms and conditions of the said contracts.3. the petitioner in the course of the assessment proceedings for the period 4 quarters ending 30th september, 1964, claimed before the commercial tax officer, exemption under section 27(l ..... decision of the supreme court in the case of k.g. khosla & co. v. deputy commissioner of commercial taxes, madras [1966] 17 s.t.c. 473 (s.c.). the relevant contracts and the correspondence, etc., were checked in the light of the decision of the honourable supreme court, which were produced by the dealer. it appeared to me that some and .....

Tag this Judgment!

Apr 04 1976 (HC)

Controller of Estate Duty Vs. B. V. KapadiA.

Court : Kolkata

Decided on : Apr-04-1976

Reported in : [1977]108ITR1008(Cal)

..... part of the section has two limbs : the deceased must be entirely excluded, (i) from the property, and (ii) from any benefit by contract or otherwise......in the contest of the section the word otherwise should, in our opinion, be construed ejusdem generis and it must be interpreted to mean ..... enjoyment of it was not immediately assumed by the donee and thenceforward retained to the entire exclusion of the donor or of any benefit to him by contract or otherwise......'in the case of george da costa v. controller of estate duty : [1967]63itr497(sc) , the supreme court analysed and interpreted ..... possessing.(d) possession and enjoyment by the donor have to be judged in the light of the factual position alone.(e) the benefit to him by contract or otherwise must, however, be based on enforceable rights.'in parvatis case : [1974]97itr621(sc) the supreme court has approved the above principles laid ..... second part of the section has two limbs : the deceased must be entirely excluded, (i) from the property, and (ii) from any benefit by contract or otherwise...... in the context of the section, the word otherwise should, in our opinion, be construed ejusdem generis and it must be interpreted to mean ..... enjoyment of it was not immediately assumed by the donee and thenceforward retained to the entire exclusion of the donor or of any benefit to him by contract or otherwise.'the submissions of the learned counsel, mr. ajit sengupta, appearing for the revenue, before us, are as follows : though it was .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //