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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1979 Page 1 of about 24 results (0.016 seconds)

Feb 06 1979 (HC)

Hindusthan Commercial Bank Ltd. Vs. Probodh Kumar Mitter and anr.

Court : Kolkata

Decided on : Feb-06-1979

Reported in : AIR1980Cal292

..... stock it is of vital interest.'48. in the case before the house of lords the circumstances were such as to raise by implication a contract for indemnity. the considerations for their lordships were that the bank requested the corporation to exercise its statutory duty for the benefit of the bank by ..... determine. all i wish to be considered as deciding is that in the present case there was reasonable evidence for the jury of an implied contract of indemnity.'brett, j, also held that there was ample evidence to support the evidence of the jury. the defendant having ordered the goods to be ..... was taken on that basis and a suit was filed on the strength of the said indemnity bond. it was held that the government was entitled to recover the amount on the basis of the contract and the same was not opposed to public policy. it was also held therein that the ..... 21 of the indian securities act, 1920, the prescribed officer while renewing the government promissory note at the request of the holder gave an express indemnity against the claims of all persons claiming under the original security but actually did not do so. subsequently, it transpired that, unknown to the holder ..... contract. that principle is certainly not applicable to the facts of our case.57. in that case there was a demand for the opening of a telegraphic office at a certain place. but the government was not willing to open it unless the local merchants guaranteed the loss. on that basis some local merchants executed an indemnity .....

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Nov 29 1979 (HC)

Sudhir Kr. Chakraborty Vs. Ashutosh Bhattacharya

Court : Kolkata

Decided on : Nov-29-1979

Reported in : AIR1980Cal108

..... makes it quite clear that the legislature has expressly given the tenant including the statutory tenant all the rights and privileges arising out of the contract between the landlord and the tenant. if such express provision was not there in the act, the statutory tenant could not have claimed the benefit ..... . chatterjee also refers to section 19 of the premises tenancy act and submits that under section 19 all the terms and conditions arising out of contract are available to a tanant in possession of the premises in question. accordingly mr. chatterjee submits that a statutory tenant being a tenant in possession ..... that any tenant including the statutory tenant continuing in possession of the premises in question will be entitled to the benefits arising out of the contract executed by and between the landlord and tenant at the time of inception of the tenancy in so far as such terms are not ..... fair and/or standard rent determined by the rent controller because such determination of standard and/or fair rent is not on the basis of contract between the parties but under the special provisions of the statute. referring to the said section 19, mr. deb contended that the legislature expressly ..... passed against the said tenant in the ejectment suit filed by the landlord. mr. dasgupta contended that although at the inception of the tenancy contract between the landlord and tenant was the basis but it cannot be contended that with the determination of the tenancy the estate of the tenant will .....

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Jul 02 1979 (HC)

Amitava Bhattacharya and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Jul-02-1979

..... control to the government or to the agents of government on the lives of many people. many individuals and many more business enjoys largess in the form of government contracts. these contracts often reasonable subsidies. it is virtually impossible to lose money on them and many enterprises are set up primarily to do business with government. government owns and controls ..... with standards or norms which is not arbitrary, irrational or irrelevant. the power or discretion of the government in the matter of grant of largess including award of jobs, contracts quotas, licences, etc., just be confined and structured by rational, relevant and non-discriminatory standard or norm and if the government departs from such standard or norm in ..... central government. under section 19(3) the respondent-company shall be bound by the direction issued by the respondent-corporation. under section 19(4) the power to enter into contract of reinsurance and reinsurance treatise maybe incorporated on, inter alia, the respondent-company subject to the rules made by the central government.36. under section 21. notwithstanding anything ..... scheme is not acceptable to any officer or other employee, the acquiring company may terminate his employment by giving him compensation equivalent to three months remuneration, unless the contract of service with such employee provides for a shorter notice of termination;explanation--the compensation payable to an officer or other employee under this sub-section shall be in .....

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Jul 23 1979 (HC)

In Re: Durgapur Projects Ltd.

Court : Kolkata

Decided on : Jul-23-1979

Reported in : [1983]53CompCas320(Cal)

..... received the railway receipt dated 19th june, 1978, representing the goods but no payment has been made to the petitioning creditor in terms of the contract, i.e., 90% against document and 10% subsequently. it is also admitted that the company duly issued the certificate in respect of the ..... same day, i.e., on the 19th october, 1978, when the controller of stores & purchase of the defendant-company entered into the said contract and accepted the delivery of the railway receipt. thereafter a formal purchase order dated 7th december, 1978, was issued to the petitioning creditor and the ..... creditor, placed the petition and the annexures together with the correspondence and submitted that the company had accepted the goods and entered into the contract on the representation that the goods were urgently required for immediate consumption by the company and the railway receipt was also handed over to the ..... of the petitioning creditor that the goods were not according to the specification and have been rejected and referred to the clause in the contract regarding acceptance and rejection and that the decision of the management would be final and binding on the parties. therefore, the only dispute in ..... purchase order being placed by the company with the petitioning creditor there were negotiations for supply of a settled quality of goods but the said contract was cancelled. be that as it may, those are not relevant or admissible for the purpose of the present application. the letter dated 19th .....

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Mar 15 1979 (HC)

Titagarh Jute Factory Co. Limited Vs. Sriram Tiwari

Court : Kolkata

Decided on : Mar-15-1979

Reported in : (1979)ILLJ495Cal

..... existing in his favour, whether expressly or by implication. according to section 41(e), an injuction cannot be granted to prevent the breach of contract, the performance of which would not be sepcifically enforced. in the present case, as already explained, perpetual injunction was asked for with a view ..... paragraph 13 of the standing orders. therefore, such a question as is raised in the present suit is not tantamount to asking for enforcement of a contract of personal service or, for the matter of that for re-instatement. accordingly, the provision of section 14(1)(b) of the specific relief ..... 1977.19. it was further contended by mr. banerjee, the learned advocate for the petitioner, that the present suit being one for enforcing a contract of service, is not maintainable in view of the provisions of section 14(1)(b) of the specific relief act, 1963 and that permanent injunction ..... it would be competent to the industrial tribunal to enquire whether the impugned termination has been effected in the bona fide exercise of the power conferred by the contract. this was also the decision in chartered bank, bombay v. chartered bank employees' union : (1960)iillj222sc ]. the words 'employment or non-employment' ..... retain the employee in service or force the employee to join service. there are certain exceptional cases where a declaration to enforce a contract of personal service or a declaration that the dismissal of an employee is invalid and is a nullity can be granted. those exceptional .....

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Aug 22 1979 (HC)

Bhagaban Biswas Vs. Bejoy Singh Nahar

Court : Kolkata

Decided on : Aug-22-1979

Reported in : AIR1980Cal70

..... the parties.' 16. we find therefore that a fundamental difference between an express term and an implied term is that when a term of a contract is stated in words or manifested in words by the parties themselves it is on express term but when a term is not stated in words ..... the law imports, as for instance under the sale of goods act and the marine insurance act. the law also in some circumstances holds that a contract is dissolved if there is a vital change of conditions..... .....the general presumptionis that the parties have expressed every material term which they intended should govern their ..... arise from the agreement of the parties, though in one case the agreement is manifested in words and in the other case by conduct. vide chitty on 'contracts' 24th edition article 12 atpages 9 and 10. 15. the observations of lord wright in luxer (east bourne). ltd. v. cooper, 1941 ac 108, ..... we will first take the transfer of property act, 1882. section 108 of the transfer of property act runs thus: '108. in the absence of a contract or local usage to the contrary, the lessor and the lessee of immoveable property, as against one another, respectively, possess the rights and are subject to ..... provisions of section 13(1) of the 1952 act were as follows: '13 (1) notwithstanding anything to the contrary contained in any other law or any contract, no decree or order for the recovery of possession of any premises shall be passed by the court in favour of the landlord against any tenant (including .....

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Sep 11 1979 (HC)

Subdivisional Land Reforms Officer and ors. Vs. Ukhara Forest and Fish ...

Court : Kolkata

Decided on : Sep-11-1979

Reported in : AIR1980Cal61

..... land, that is to say, a 'profit a prendre' and it vests in the state by virtue of the west bengal estates acquisition act. if there is any breach of contract, the petitioners may, sinha j. has said, have a right to bring appropriate proceedings against the state in the form that they may be advised. this judgment was delivered on ..... to rut the trees when such right belonged, on the date of vesting, not to the intermediary or zamindar but to another person to whom it had been granted under contract with the intermediary. it was not the land held or other rights possessed by an intermediary only that became vested in the state. clause (aa) of section 5(1) also .....

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Sep 19 1979 (HC)

Rabindra Nath Mukherjee Vs. S.R. Das and anr.

Court : Kolkata

Decided on : Sep-19-1979

..... executive. this power is necessary for the proper functioning and internal administration of the state....the termination under article 310(2) is in cases of contract having specific provisions for compensation. motiram deha's case has not abolished the doctrine of pleasure as embodied in article 310. article 310 has been ..... is guilty of misconduct.the introduction of contract express or implied in service rule in the above extract not found in earlier part of the judgment according to motirair's case, was held ..... acquires a right to hold the post until under the rules he attains the age of superannuation or is compulsorily retired and in absence of a contract, express or implied, 01 a service rule, he cannot be turned out of his post unless the post itself is abolished or unless he ..... union of india : (1958)illj544sc in paragraph 12 it has been observed:the position may, therefore, be summarised as follows: in absence of any special contract the substantive appointment to the permanent post gives the person so appointed a right to hold the post until, under the rules, he attains the age ..... there can be no abolition of a civil post leading to the termination of service of the holder thereof except in respect of term appointments under contracts as expressly mentioned in clause (2) of article 310.27. mr. gooptu learned government pleader appearing for the state government has contended on the .....

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Nov 14 1979 (HC)

Garden Reach Workshop Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Nov-14-1979

Reported in : [1981]132ITR814(Cal)

..... of valuation of long-term contracts recognised in accountancy has been elaborately discussed. we do not find from the statement of the case that the assessee contended before the tribunal that it had adopted ..... stated in periodic financial statements should be cost plus any attributable profit, less any foreseeable losses and progress payments received and receivable. if, however, anticipated losses on individual contracts exceed cost incurred to date less progress payments received and receivable, such excesses should be shown separately as provisions.' 22. in the passages we have quoted above the method ..... the united kingdom chartered accountancy institute in may, 1975. we have also been taken through a booklet issued by the international accounting standards committee on accounting for construction contracts. the assessee submitted before the tribunal that it did not write off any anticipated further losses by adopting the changed method of valuation of the closing work-in-progress ..... the assessee. the tribunal held that the method which the assessee regularly followed and which the department accepted till the preceding year was that only losses on completed contracts were allowed and the assessee could not be permitted to deviate from the method of accounting which it had regularly followed.9. the ito made similar additions in .....

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Feb 20 1979 (HC)

Life Insurance Corpn. of India Vs. Samarendra Nath Roy

Court : Kolkata

Decided on : Feb-20-1979

Reported in : AIR1979Cal243

..... satisfaction of interest and thereafter to the principal (meka venkatadri appa rao v. parthasarathi appa rao, air 1922 pc 233; meghraj v. bayabai, : [1970]1scr523 ). section 60 of the indian contract act provides that where the debtor has omitted to intimate and there are no other circumstances indicating to which debt the payment is to be applied, the creditor may apply ..... payment to be made in june, 1953 and the subsequent instalments in june, each year.(d) in respect of all payments time shall be deemed to be essence of the contract.(e) in case of default in payment of interest for any three quarters or part thereof or of any one of the instalments for payment of the decretal amount the .....

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