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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1985 Page 1 of about 30 results (0.019 seconds)

Mar 15 1985 (HC)

Sunity Chandra Bose Vs. Nil Ratan Sinha

Court : Kolkata

Decided on : Mar-15-1985

Reported in : AIR1985Cal282,89CWN909

..... effect that though the court can fix a time limit for discharge of mutual obligations by the parties in a suit for specific performance of contract, the prescriptions can never be peremptory that they cannot be subsequently altered under any circumstances. it has been decided in the case of tapan ..... by the learned subordinate judge, the increase in valuation of the property should not weigh with the court in deciding whether specific performance of contract should be granted or not. because the defendant was hard-pressed for money for giving his daughter in marriage at the relevant time, the ..... that the decree for specific performance of the contract for sale will entail hardship on the defendant. apart from ..... having a decree for specific performance of the contract for sale. mr. das gupta has argued ..... ready and willing to perform his part of the contract. he has argued that the insistence on the part of the plaintiff to have an indemnity clause in the draft deed of sale, ext. 2, though there was no such agreement for indemnity clause between the parties, disentitles the plaintiff from .....

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Dec 19 1985 (HC)

Allied Resins and Chemicals Ltd. Vs. Minerals and Metals Trading Corpo ...

Court : Kolkata

Decided on : Dec-19-1985

Reported in : AIR1986Cal346

..... making a recall of the amount of rs. 85,84,456/- from the bank of india in terms of the letter of guarantee or indemnity executed by it. the courts usually refrain from granting injunction to restrain the performance of the contractual obligations arising out of a letter of credit ..... bank guarantee can very well be enforced on its own terms irrespective of any other consideration'.12. after going into the different clauses of the contract, in the facts of that case it was held that the learned subordinate judge acted in an improper exercise of the jurisdiction restraining the ..... enforced by the petitioner subject, of course, to the fulfilment of the conditions as laid down therein. here, as we have seen that the contract between the petitioner and the opposite party has already been terminated. the amount of mobilisation loan advanced by the petitioner and the amounts recovered in ..... of our bestservices at all times.'it is to be pointed out that it was observed therein that the performance guarantee is a distinct and separate contract to which only respondent state bank and respondent stc are parties.11. in the case of national project construction corporation ltd. v. g. ranjan ..... our opinion the terms of the performance guarantee in the instant case are very wide indeed. the performance guarantee is a distinct and separate contract to which only respondent state bank and respondent stc are parties. by and under the said guarantee state bank irrevocably and unconditionally undertook to .....

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Apr 02 1985 (HC)

Sriman Prabahan Mitra Vs. Sm. Madhuri Mitra and ors.

Court : Kolkata

Decided on : Apr-02-1985

Reported in : AIR1985Cal368

..... the natural guardian mother did apply for permission of the commissioner, but subsequently withdrew it and as such a decree for specific performance of contract was granted subject to the permission given by the commissioner and directing the guardian to apply for permission. in the latter case the agreement ..... by necessary implication enjoins himself to take necessary permission from the court and in such cases a decree can be passed for specific performance of contract subject to the natural guardian of the minor obtaining necessary permission from the court as provided in section 8 of the hindu minority and ..... stayed as the learned district judge observed that such submission should not be taken into consideration while adjudicating the suit for specific performance of contract. therefore in the absence of a valid permission for sale the agreement of sale is not enforceable being not in accordance with the provisions ..... being no valid permission of sale of the minor's interest by the court the order of the court below decreeing the specific performance of contract is wholly illegal and bad.12. mr. manindra nath ghosh and mr. rathin deb learned advocates for respondent no. 6, the chorus co ..... absolutely and free from encumbrances as per draft conveyance approved by learned district judge, 24-parganas and also for damages and/or compensation for breach of contract amounting to rs. 1,00,000/- and for other reliefs stating inter alia that the defendants 1 to 4, that is, smt. madhuri mitra .....

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May 28 1985 (HC)

Surendra Prasad Misra Vs. Oil and Natural Gas Commission

Court : Kolkata

Decided on : May-28-1985

Reported in : AIR1987Cal1,90CWN449

..... the writ court as stated above is authorised to enforce the equity and the writ court is not really concerned with the future performance of the contract as the same will take its own course in accordance with law. this view finds support from the decision of this court in the case ..... as an arbitrator by sri b. n. shukla addl. director (t & s) and the situation and nature of disputes in the matter .....regarding transport contract and recommended settlement of the dispute' goes to show that the member on shore wanted a finality in the matter and the intention to do so is ..... promisee, notwithstanding that there is no consideration for the promise or that the promise has not been reduced to writing in the form of a contract as required under article 299 of the constitution. government or the governmental agency has a duty to the public in general to act fairly and ..... instance of the promisee, notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required under article 299 of the constitution. the supreme court observed that it is elementary that in a republic governed by the rule of law ..... the matter. member (on shore) hereby appoints a committee of the following officers to enquire into the disputes raised by m/s. friends carrying corporation, calcutta regarding transport contract and recommend settlement of the dispute. 1. sri krishan kant, d.c.m.s. (cr), calcutta 2. sri j. swaroop. addl. dir (tpt), dehradun. .....

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Sep 19 1985 (HC)

Sadhusaran Singh Vs. West Bengal State Electricity Board and anr.

Court : Kolkata

Decided on : Sep-19-1985

Reported in : AIR1986Cal240,90CWN151

..... ready for delivery and subsequently repaid to the appellants die balance due of the money advanced. it was held that the appellants' conduct did not. amount to renunciation of the contract or to absolute refusal of future performance. the learned advocate for the respondents has referred to the case of collector of customs v. pednekar & co. (pvt.) ltd., : [1976]3scr971 . ..... injunction restraining the defendants from removing the said articles from chapramari store yard and from reselling the same to any other person. according to the plaintiff, in view of the contract for sale the property in the goods passed to the plaintiff and though the plaintiff; due to certain unavoidable reasons, could not take delivery of the articles within the stipulated ..... along with other m. s.rounds which were not covered by thecontract. in the work order, it was clearlystated that the whole quantity of m. s. roundscovered by the contract would be lifted by theplaintiff on advance payment for the materialswithin the stipulated time. the property inthe goods as well as the possession of the sameremained with the defendants till ..... from reselling the same.3. in their joint written statement thedefendants denied that the property in thegoods passed to the plaintiff on acceptance ofthe tender. the defendants further deniedthat the contract in question was for sale ofspecific goods in a deliverable state. thecontract was nothing but an agreement to sell.as the transfer of property in this case was tohave taken .....

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Apr 03 1985 (HC)

Nurul Huda and ors. Vs. Smt. Hira Basu and ors.

Court : Kolkata

Decided on : Apr-03-1985

Reported in : AIR1986Cal39

..... indenture of lease between ranjit kumar basu and hazi ansarullah. mr. dutt, in our view, is right in his contention that there is no privity of contract or privity of estate between a subtenant and the head lessor by which there is any obligation of a sub-tenant to pay rent to the head lessor ..... property act, having regard to sections 105 and 108(j), an underlease for the entire residue of the under-lessor's term operates, in the absence of a contract to the contrary, as an underlease, and does not, as ordinarily under english law, constitute an assignment of the lease. mr. dutt has contended that in ..... wn 1197 : (air 1915 cal 154(2)). it has been held in the said decision that law is well settled that there is neither privity of contract nor privity of estate between the head-lessor and under-lessees and hence the under-lessees are not personally liable to pay rent reserved in the covenant between ..... cannot be any occasion for assignment of interest, mr. dutt has contended that so far as the sub-lease is concerned, there is neither privity of contract nor privity of estate between the head-lessor and the under-lessee. in this connection he has referred to a bench decision of this court made in ..... to 14 there has been an assignment of the demised premises by the lessee in favour of the said sub-lessees although there is no privity of contract between the lessor and the said sub-lessees. in such circumstances the said sub-lessees had a liability to pay rent to the landlord for the demised .....

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Jun 24 1985 (HC)

Josef Meisaner Gmbr and Co. Vs. Kanoria Chemicals and Industries Ltd. ...

Court : Kolkata

Decided on : Jun-24-1985

Reported in : AIR1986Cal45

..... ordinary commercial transaction. it has been engaged for setting up of special installations for winning off-shore oil. such work is more in the nature of a building contract. in the course of executing such works the petitioner may have to supply and/or import goods but nevertheless the transactions between the statutory corporations involved and the ..... the petitioner suitable office space and arrange for telephone, telex and duplicating facilities therein and also arrange for free storage for spare parts and material required for performance of contracts.(h) arrange for medical services for the personnel of the petitioner.(i) render liasion service with the said statutory corporations.(j) assist and advise the petitioner in ..... and spare parts into india.(e) to assist and advise the petitioner in negotiations with the government authorities relating to performance of the obligations of the petitioner under any contract including import and export clearance for vessels, construction equipments and spare parts as also visas, work permits, exchange guarantee, radio and other licences required for construction and operation ..... of such proposals and bids.(c) to assist and advise the petitioner in the negotiations with the said statutory corporations concerning the aforesaid as also in respect of contracts relating thereto.(d) to assist and advise the petitioner in matters of permits, licences and other government approvals required for operating in the territorial waters of india and .....

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Apr 12 1985 (HC)

D.T.H. Construction (P) Ltd. Vs. Steel Authority of India Ltd. and anr ...

Court : Kolkata

Decided on : Apr-12-1985

Reported in : AIR1986Cal31

..... 1. the guarantee was given by the bank to secure the advance payment made by the defendant no. 1 to the plaintiff on account of contract for dredging and deepening of the reservoir. the report of mr. s. basumullick, professor department of geological science, jadavpur university does not say that ..... it was observed that the bank guarantee executed by the bank in favour of the petitioner stands independent of other connected transactions, namely, the contract between the petitioner and the opposite party, and also the document under which the opposite party had given security to the bank for executing the ..... an absolute obligation to pay. the same consideration applied to a bank guarantee. a letter of credit sometimes resembled and was analogous to a contract of guarantee. the bank which gave a performance guarantee was bound to honour that guarantee according to its terms. the opening of a confirmed ..... the guarantee merely on the ground of failure of the beneficiary to specifically state that the vendor had failed to fulfil its obligations under the contract would not benefit the vendor ultimately as it would be open to the beneficiary -- vendee to issue a letter forthwith in the required language ..... through the united bank of india.2. mr. biswaroop gupta, learned counsel for the plaintiff, submitted the plaintiff was induced to obtain the said contract by the defendant no. 1 by suppression of material facts, that the reservoir which was to be cleaned and deepened could not be deepened .....

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Aug 22 1985 (HC)

Hindustan Steel Works Construction Ltd. Vs. N.V. Chowdhury and ors.

Court : Kolkata

Decided on : Aug-22-1985

Reported in : AIR1986Cal338

..... was accepted by the petitioner at its office at no. 1, shakespeare sarani, calcutta-700 071, situate within the jurisdiction of this court. in short the petitioner alleges that the contract was concluded within the jurisdiction and as such part of the cause of action arose within the local limits of this court. the respondent in the present case, has taken ..... application under section 8 of the arbitration act for appointment of an umpire. the petitioner entered into a contract on 22nd/23rd nov. 1982 by accepting the tender submitted by the respondent. the contract contained an arbitration clause that disputes arising out of the contract would be decided by arbitration. disputes arose and reference was made to the joint arbitrators in accordance with .....

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Sep 27 1985 (HC)

East Anglia Plastics (India) Ltd. Vs. State of West Bengal and anr.

Court : Kolkata

Decided on : Sep-27-1985

Reported in : AIR1986Cal422

..... this court relied upon by the learned trial judge. mr. chatterjee has further submitted that section 111(g) or 114a of the t.p. act or section 39 of the contract act are not at all relevant for determination of the question whether the suit is a suit for land or not. 35. in the case of moolji jaitha & co. v .....

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