Court : Kolkata
Decided on : Sep-28-1977
Reported in : AIR1978Cal133,82CWN51
..... a grant of this nature. observations of sir edward vaughan williams to the effect 'the principle of these decisions appears to be this that whenever at the time of the contract, it is contemplated that the purchaser should derive a benefit from the further growth of thing sold, from further vegetation and from the nutriment to be afforded by the land ..... , the contract is to be considered as for an interest in land' which were cited with approval in the case of marshall v. green, (1875) 1 cpd 35 well supports the above .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-27-1977
Reported in : AIR1978Cal211
..... madras noted against the quantities.(as per schedule attached)you are requested to clear the materials immediately on arrival at the port by furnishing an indemnity bond to the shipper's agent/port commission. the bill of lading and other relevant documents received in this office enclosed herewith. further documents ..... that copies ofthese letters are filed with the plaint andmarked 'a' and 'b'.14. in these circumstances the case of the plaintiff that the contract was made in calcutta cannot prima facie be brushed aside and the argument of mr. ghosh on behalf of the respondent does not appear to us ..... acknowledge receipt of this letter by returning duly signed the enclosed duplicate copy to this office in unqualified acceptance of the terms and conditions of this contract.'13. though we are not expressing any final opinion, for the purpose of disposing of this application we have to record that the two documents ..... the defendant as handling agent. the offer was accepted in madras and posted in madras. as soon as the acceptance was posted the contract was complete. the contract, therefore, was entered into not in calcutta but in madras. and no part of the cause of action of the plaintiff's suit ..... the plaintiff had imported throughthe iron & steel controller, calcutta under the u. s. development loan fundscheme at madras. 3. in terms of the contract the defendant was to clear the goods at the tort of madras, pay or incur all necessary expenses in connection with the clearing of the said .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-19-1977
Reported in : AIR1978Cal19
..... the subject-matter of reference. accordingly, in my opinion, the learned judge of the court below has rightly held that the said question as to whether the subsequent contract had extinguished the original contract could be the subject-matter of the reference because it was covered by the said arbitration clause. (rungta & sons v. j. t r.) : air1959cal423 ; damodar valley v. k ..... the fact of such removal of the contractor's name from the list of approved contractors was circulated to all the station masters, thereby debarring the contractor from securing any contract from the railway administration in future. this subsequent action on the part of the railway authorities was complained of as amounting to a claim in tort. the contractor filed the ..... the purpose of considering how and in what matter the damages for defamation arose herein, or in other words whether the claim in tort has a close nexus with the contract entered into by and between the parties and containing the arbitration clause.39. the allahabad bench decision in gauri shanker's case : air1953all446 (supra) is distinguishable in several respects. the ..... you.we understand that you had already received several complaints against the same mill buyers and the brokers complaining their wilful or intentional non-fulfilment of the promise in the contract and flagrant breach thereof. as your esteemed association is deemed to have undertaken to safeguard the raw jute and jute goods trade or to uphold raw jute therein as provided .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-24-1977
Reported in : AIR1977Cal379
..... equipment and chemicals ltd. v. state of west bengal, reported in : 2scr674 was cited.20. it was also stated from the bar that the contract which had been awarded in favour of the respondent no. 2 had been almost fully performed and that the rule has become infructuous.21. cm the facts and ..... can abridge or take away rights that we have imported the principle of natural justice.'18. on the strength of these decisions mr. de contended that the contract awarded in favour of the respondent no. 2 should be cancelled.19. learned counsel for the respondents, on the other hand, has contended that the only ..... not be issued directing the respondent no. 1 to cancel or withdraw any letter of intent or letter of acceptance of tender or any document awarding a contract pursuant to the invitation to tender issued on the 10th oct., 1974 in favour of the respondent no. 2 and also why appropriate directions should not ..... .(c) the discrimination shown by the respondent no. 1 in favour of the respondent no. 2 was unauthorised and illegal.(d) the attempts to award the contract to the respondent no. 2 were mala fide and in abuse of statutory powers.13. on the 26th feb., 1976, a rule nisi was issued calling ..... uncontro-verted.22. but, on the other hand, the contentions of the respondents that the petitioner has no right to be awarded a contract is also of equal force. the contract was awarded on the 14th jan., 1976 and an interim order which was passed in favour of the petitioner was vacated. as a result .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-17-1977
Reported in : AIR1978Cal407,82CWN437
..... appropriate case. it must be remembered that the applicability of foreign jurisdiction clause depends on factors other than the factors on which the applicability of an arbitration clause under a contract depends. but, so far as analogy which is being drawn from the aforesaid decision is concerned from the observations of denning, m. r. as well as the observations of ..... should be refused. reliance was placed on this decision on the basis that on the analogy of the foreign jurisdiction clause in this case the arbitration clause survived until the contract was avoided and therefore the disputes between the parties in this case would be referable under the arbitration clause. in this connection learned advocate strongly relied on the observations of ..... yet non disclosure would merely make the policy voidable from the time of election to avoid it, not void ab initio, and similarly illegality under the proper law of the contract would merely make the policy unenforceable; accordingly the dispute ag to non disclosure or illegality was a dispute arising under the policy and was within the foreign jurisdiction clause, with ..... the arbitration act, 1940 has been sought on the following propositions: firstly, it has been argued that there are no averments in the plaint which, if true, would render the contract either void or voidable. according to the defendant petitioners, the misrepresentations alleged are against the respondent no. 5 who is not a party to the agreement. therefore, it was .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-22-1977
Reported in : AIR1977Cal482,81CWN1101
..... to the supply of machinery is concerned.34. the next question relates to the notice of the general sale conditions on the appellant as forming the terms of the contract. chitty on contract 23rd edition in articles 590 and 591 laid down the following propositions which have also been considered by the learned trial judge, they are as follows:--'590. meaning ..... even if such arbitration was not germane to the transaction between the parties,29. but is the case before us really one of incorporation of the provisions of one contract into another contract? as we have seen in the above cases there were two distinct agreements between different parties with one party in common wherein the principle of incorporation of the ..... and equipments. it provides further in its heading following that 'the special terms and conditions applying to agreements, orders, indents, quotations and offers for sale of gases and to contracts for erection or for supervision of erection can be had on request.' it js obvious therefore, that the extract which purports to be extract of the general sale conditions includes ..... agreements, orders/indents/quotations/ offers for sale cf plants, machines and equipments. (special terms and conditions applying to agreements, orders, indents, quotations/offers for sale of gases and to contracts for erection or for supervision of erection can be had on request).16. purchaser's orders are accepted strictly on the understanding that purchaser accepts company's general conditions.1 .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-05-1977
Reported in : (1978)IILLJ117Cal
..... the circumstances that there had been a fresh agreement between the parties that payment should be made for services actually rendered under the original contract, or the contract had been frustrated. under article 610, halsbury has noted that if there were normal working hours and the employee's remuneration for employment ..... then taking a strict view of the matter the employer is entitled to refuse any payment at all. but, as has been noticed in ' the contract of employment' by m. r. freedland. referred to hereinbefore, very often policy considerations enter and deduction on pro rata basis is made to avoid ..... of an employee would affect his right and interest prejudicially and no order could be made by the bank reducing the monthly salary under the contract or deducting any part therefrom without giving the employee concerned reasonable opportunity of making the representation ;(4) the order in question were mala fide and ..... bank. the petitioners in that writ application who were employees raised the following contentions :(1) in the absence of any specific provision in the contract of employment or in any statute, the bank had no power or authority to deduct any part of the salary of the award staff who .....  (2) all er 949, lord denning at page 967 of the report has observed that wages are paid for services rendered. in the contract of employment, m. r. freedland, 1976 edition at page 127 has noted that the question whether a contractual obligation is entire or divisible is a .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-24-1977
Reported in : (1978)IILLJ139Cal
..... to that effect in the contract which was kept for exercise in cases where necessary though in the same letter there was appreciation of the petitioner's service. the directive stated to have been issued ..... the parties in this case as the petitoner's service terminated before the scheme relating to sterling general insurance co. ltd. was framed..the decision of termination of your contract appointment has been taken in accordance with the general directive received from the general insurance corporation.the letter candidly states that the termination was made in accordance with the provision ..... there was no infringement of any statutory right of the petitioner. the petitioner's service, it was further stated was terminated on one month's notice as provided in the contract of service, 'in pursuance of the general directives issued by the general insurance corporation' for effecting efficiency and proper running of the administration. it was also stated that ..... the petitioner on march 5, 1973.the petitioner challenged the legal validity of the said letter and was informed by the company that the decision for termination of the contract of appointment had been taken in accordance with the general directive received from the general insurance corporation of india the respondent no. 5 herein.3. the petitioner thereafter moved .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-04-1977
Reported in : AIR1977Cal312
..... a contract under a contract can be assigned. an order for payment of money is not an assignment. an assignment of a chose in action must be made in writing under the law signed ..... account of the defendant no. 2. neither in the pleadings, correspondence nor in the evidence it has ever transpired that there has been an assignment of the benefits of the contract by the defendant no. 2 in favour of famous cine laboratories and studios ltd. to the extent of rs. 90,000/-. it is for the first time at the time ..... division bench judgment of this high court reported in (1906) ilr 33 gal 702 and also (1907) ilr 34 cal 289. there is no doubt that the benefits of a contract can be assigned and there can also be no dispute over the principle as laid down in the above two cases. on principle it is true that the benefits of ..... and 8 loan prints on condition that the plaintiff would pay to mrs. famous cine laboratories and studios pvt. ltd., bombay on account of mr. d. n. mehta under the contract, a sum of rs. 90,000/- against delivery of 12 brand new prints and the balance rupees 40,000/- would be paid to mr. d. n. mehta on instalments as .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-12-1977
Reported in : AIR1978Cal92,82CWN503
ordersabyasachi mukharji, j.1. it appears that a wakf was created by one janab ashraf ali khan choudhury by a registered deed dated the 9th august, 1931 and one syed abdus slek by a registered deed dated, the 24th aug., 1933. the said wakf was enrolled with the office of the commissioner of wakf as a single wakf estate on the basis of an enrolment application in 1936. after appointment of mutwallis, both the deeds provided, that after the death of the first mutwalli or in his absence the next mutwalli will be as follows:'... ... ... and in his absence his male descendant, who will be his sajjadanashin in his place will be the mutwalli and in that manner in the absence of that mutwalli his male descendants who will be his sajjadanashin in his place, will be the mutwalli and in this manner the succeeding sajjadanashin will be succeeding mutwalli.'on or about the 6th feb., 1953, the first mutwalli syed shah ershad ali alquadri died. he left three sons, namely, syed shah mustarshid ali alquadri, the respondent no. 3 herein, syed shah rushaid ali alquadri and syed shah rushad ali alquadri the respondent no. 4 herein. the eldest son applied on or about the 13th march, 1953 to the commissioner of wakfe for mutation of his name as mutwalli in the place of his late father, the outgoing mutwalli. his claim was that he being the surviving eldest son of the last sajjadanashin, automatically became the sajjadanashin and consequently the mutwalli in place of his late father under the .....Tag this Judgment!