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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1988 Page 1 of about 43 results (0.019 seconds)

Jul 21 1988 (HC)

Ashim Ganguly Vs. Indian Oxygen Ltd. and ors.

Court : Kolkata

Decided on : Jul-21-1988

Reported in : AIR1989Cal150,[1991]71CompCas241(Cal),93CWN247

..... and upon demand by the beneficiary the bank is liable to honour such obligation regardless of any controversy between the parties about fulfilment of contract. in coming to such conclusion the unconditional wording in the letter of indemnity weighed very much in further finding, by the court that there was no equity in favour of the appellant.13. more or less, ..... ' of international trade and commerce which thereby impose upon the banker an absolute obligation to pay under such documents which parties furnish as security at the time of entering into contracts. '9. this question and the position of law as stated was raised and considered in numerous cases and there are authorities galore, both foreign and indian in support of ..... entirely dependent upon its terms which is absolutely silent as to any conditional enforcement pending the quantification or assessment of any damage or determination of breach of the terms of contract between the parties. the view that banks cannot be absolved of their responsibility to honour their obligations is based on the time honoured practice and elaborate commercial system that ..... damages with a prayer for further declaration that respondent 1 company is not entitled to enforce the bank guarantees furnished by the plaintiff-appellant pursuant to the express terms of contract between the parties. pursuant to an offer made by the respondent company, the appellant was entrusted with the job work of collecting metallic wires of different sizes and quality .....

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Jan 18 1988 (HC)

Sitac Pvt. Ltd. Vs. the Statesman Ltd.

Court : Kolkata

Decided on : Jan-18-1988

Reported in : (1988)2CALLT84(HC),92CWN858

..... in the unreported decision of delhi high court noted above that by a letter, dated december 17, 1979, the plaintiff sent copies of the indemnity bonds, affidavits, undertakings and plans of the project for the signatures of the defendant and the plans were duly signed by the defendants which were ..... of the matter being a requirement of law ought also to be noted at this juncture. section 14 of the specific relief act, 1963 provides to contracts which cannot be specifically enforced. the statute, however, in particular section 14(3) goes on to add that notwithstanding anything contain- ed in earlier ..... letters which would otherwise be sufficient for the purpose, if it is clear, upon the facts, that there were other conditions of the intended contract, beyond and besides those expressed in the letters, which were still in a state of negotiation only and without the settlement of which the parties ..... appeal cases 311 and the observation of lord selborne seems to be very apposite. lord selborne observed :'the observation has often been made, that a contract established by letters may sometimes bind parties, who, when they wrote these letters, did not imagine that they were finally settling the terms of the ..... of the final estimate and plan and clearance to proceed with work for relocation. the plaintiff contended that mere reference to a future formal contract will not prevent a binding bargain between the parties. while it is true that there cannot be any dispute as a proposition of law but .....

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Feb 02 1988 (HC)

Union of India (Uoi) and ors. Vs. Burn Standard Co. Ltd. and ors.

Court : Kolkata

Decided on : Feb-02-1988

Reported in : 1988(18)ECC108

..... item 68 of the tariff and the free supply items in this case are incorporated in paragraph 1(a) of the special concession of contract for fabrication of wagon, the relevant particulars whereof have already been indicated hereinbefore. it was mr. mukherjee's submission that under the relevant terms ..... of the complete wagon, thus losing their identity.21. it has also been stated that the said petitioners delivered the complete wagons under the contract and they became the manufacturers of such complete wagons within the meaning of section 3 of the said act, which is to the following effect ..... petitioners are not entitled to invoke the writ jurisdiction of this court.19. the said deponent has agreed that in terms of the concerned contract with the railway board, the said petitioners fitted the wagon bodies as manufactured by them to the free supply item, which brought into existence ..... been stated that burn standard company ltd. from their factories inter alia at howrah are manufacturers and suppliers to the railway board, wagons under phased contract entered into by and between them and the railway board from time to time. the deponent has stated that the railway board supplies certain quantities ..... the manufacturing of wagons are concerned. it was their case that such manufacturing of wagons has been continuing for some time and in phased contracts entered into and between them and the railway board from time to time. it has also been indicated that different wagon building programmes were .....

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Feb 26 1988 (HC)

Gramophone Company of India Limited Vs. Baleswar and Another

Court : Kolkata

Decided on : Feb-26-1988

Reported in : AIR1990Cal6

..... convenience was greatly in favour of preserving the present position (ii) the plaintiffs had established a prima facie case of inducement by the defendants without lawful justification of breach of contract by the wholesalers with the plaintiffs, for the following reasons- (a) on the facts the defendants had sought to induce the wholesalers to reduce greately their orders for the newspaper ..... general secretary and nine committee members of the federation, from doing anything further in the proposed boycott. on appeal the court of appeal took the view that there were running contracts between the plaintiffs and the wholesalers which were determinable on reasonable notice, which might be a matter of weeks and not days, and that a wholesaler had no right to ..... the newspaper to wholesalers, of whom there were about one thousand, and who in turn sold it to retailers for resale to the public. there were not, in general, written contracts between the plaintiffs and the wholesalers. the plaintiffs, having learnt of the letter, delayed issuing a writ while they published an explanation in the newspaper. a letter in reply on ..... restraining the respondent 1 from giving any performance for any person other than the petitioner for the purpose of manufacturing of records. the case of the petitioner is thatby a contract entered into by and between the petitioner and the respondent 1 dt. may 14, 1984 the respondent 1 became exclusive artiste of the petitioner on inter alia the following terms .....

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Aug 26 1988 (HC)

Radheshyam Kedia Vs. Sriniwas Pandit and Another

Court : Kolkata

Decided on : Aug-26-1988

Reported in : AIR1990Cal75

..... indicative of the intend-ment of the parties that the secretary in the ministry of food and agriculture concerned with the subject matter of the contract should be the person entitled to nominate the arbitrator. or else the respondent would have objected to the appointment of the arbitrator and declined to ..... of nominating an arbitrator but it should only be the secretary in the ministry of food and agriculture concerned with the subject matter of the contract. the supreme court also considered it to be significant that when the secretary-in-charge of the department of food in the ministry of food ..... of the appellant 'that under cl. 17 of the contract the secretary, food and agriculture ministry of the government in its discretion has the right to nominate sole arbitrator and referred the dispute to the arbitrator ..... the statement they claimed payment of an aggregate sum of rs. 7,89,858/- from the appellant and also prayed for a declaration that the contract stood final and properly performed by the respondents. the appellant also filed its reply. it was stated in para 18 of the statement of claim ..... the petitioner is estopped from raising this contention at the moment. the learned advocate further submitted that this is not such a case where the contract itself is illegal. the parties can always proceed under such circumstances and the scope of the arbitration agreement may be enlarged by the parties themselves .....

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Jun 07 1988 (HC)

Eastern Spinning Mills and Industries Limited and anr. Vs. Union of In ...

Court : Kolkata

Decided on : Jun-07-1988

Reported in : (1988)2CALLT334(HC),1989(19)ECC162

..... government altered his position, is entitled to enforce the promise or the representation against the government, even though the promise or representation is not in the form of a formal contract as required by article 299 and that article does not militate against the applicability of the doctrine of promissory estoppel against the government. the doctrine of promissory estoppel is also ..... -established in the administrative law of india. it represents a principle evolved by equity to avoid injustice and though commonly named promissory estoppel, it is neither in the realm of contract nor in the realm of estoppel. the basis of this doctrine is the inter position of equity which has always, true to its form, stepped into mitigate the rigour of ..... not disputed. what the petitioner wanted to urge was that the said notifications were valid and binding in respect of all persons excepting those like the petitioner, who entered into contracts on a date earlier than the date of the particular notifications on the basis of representations and/or promises contained there in. this is quite illogical. the rate of customs ..... 1982, is factually incorrect even according to the documents annexed to the petition. the submissions made on behalf of the petitioners is that the petitioner no. 1 entered into the contract relying on the representation that the said duty of customs as per the notification, dated 14th december 1982 would be payable, when the goods would be ultimately imported into india .....

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Feb 01 1988 (HC)

Murat Viniyog Ltd. Vs. Registrar of Assurances, Calcutta and ors.

Court : Kolkata

Decided on : Feb-01-1988

Reported in : AIR1989Cal65,92CWN746,[1989]176ITR89(Cal)

..... the registering authority. in my view, the registrar of assurances proceeded in the matter on an erroneous conception of law regarding the effect of a contract for sale of immoveable property. as hereinbefore stated the respondent 3 had no manner of right, title or interest in the immoveable property which belongs ..... interest which could be transferred in that view of the matter, in my view, the registrar of assurances was wholly wrong in holding that the contract for sale created an interest in favour of the respondent 3 in view of the definition of the immoveable property as provided in section 2(6) ..... become a confirming party, the right of the respondent 3 to enforce the contract for sale against the respondents 4 and 5 had been clearly abandoned in so many clear words and in order to avoid any future complication in ..... purports to transfer, assign, limit or extinguish right, title or interest in the property. section 54 of the t. p. act clearly declared that the contract for sale ofimmoveable property did not of itself create any interest in or charge on such property. when in a matter like this, the respondent had ..... position in this behalf inasmuch as no interest in any immoveable property had been created in favour of the respondent 3 by virtue of the said contract for sale and it was further submitted that the registering authority failed to appreciate the true scope and ambit of provisions of section 230a of the .....

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Jun 07 1988 (HC)

Eastern Spinning Mills and Indus. Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Jun-07-1988

Reported in : 1989(21)LC260(Calcutta),1988(37)ELT14(Cal)

..... government altered his position, is entitled to enforce the promise or the representation against the government, even though the promise or representation is not in the form of a formal contract as required by article 299 and that article does not militate against the applicability of the doctrine of promissory estoppel against the government. the doctrine of promissory estoppel is also ..... -established in the administrative law of india. it represents a principle evolved by equity to avoid injustice and though commonly named promissory estoppel, it is neither in the realm of contract nor in the realm of estoppel. the basis of this doctrine is the inter position of equity which has always, true to its form, stepped into mitigate the rigour of ..... not disputed. what the petitioner wanted to urge was that the said notifications was valid and binding in respect of all persons exception those like the petitioner, who entered into contracts on date earlier than the date of the particular notifications on the basis of representations and/or promises contained therein. this is quite logical. the rate of customs duty may ..... , 1982, is factually incorrect even according to the documents annexed to the petition. the submissions made on behalf of the petitioners is that the petitioner no. 1 entered into the contract relying on the representation that the said duty of customs as per the notification dated 14th december, 1982 would be payable, when the goods would be ultimately imported into india .....

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May 17 1988 (HC)

State Bank of India Vs. Mohuragang Gulma Tea Estate and anr.

Court : Kolkata

Decided on : May-17-1988

Reported in : (1988)2CALLT167(HC)

..... may arise in respect of any requisitions or objections, or any claim for compensation, or any other question arising out of or connected with the contract (not being a question affecting the existence or validity of the contract)'. :rule 6 reads as follows :-'6. any mortgagee or mortgagor, or any person entitled to or having property subject to a charge, or any ..... the case of lewis v. green (supra)-astbury, j. observed :'of course it is impossible to say in the case of any contract that the parties may not litigate after they have determined what the true construction of their contract is, but in the case before warrington j. the whole point was whether the defendant owed the plaintiff money, which was entirely .....

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May 06 1988 (HC)

Seahorse Shipping and Shipmanagement Pvt. Ltd. and anr. Vs. the Board ...

Court : Kolkata

Decided on : May-06-1988

Reported in : AIR1989Cal212

..... 50. in my judgment, the steamer agent cannot be made liable for the storage charge of the cargo. a steamer agent, unless there is a specific contract to the contrary, cannot remove the cargo from the port area. it can be removed either by the consignor or the consignee or the shipper. clearing agents ..... he has taken charge shall, subject to the other provisions of this act, be that of a bailee under sections 151, 152 and 161 of the indian contract act 1872. (7) after any goods have been taken charge of and a receipt given for them under this section, no liability for any loss or ..... unnecessary occupation of port area.15. the liability of a steamer agent can only be statutory or contractual. the steamer agent has not entered into any contract with the consignor or the consignee. as agent of the carrier he may have some duty to perform in respect of the cargo carried by the carrier ..... of vilas waman katra affirmed on 13th nov., 1986.'1.4. definitions carrier carrier includes the owner of the charterer of the vessel who enters into a contract oi carriage with a shipper. merchant includes the shipper, holder of the bill of lading, consignee, receiver of the goods any person owning or entitled to ..... bring the case within section 36, the board will have to establish that there was a contract between the board and the steamer agent for rendering any service. the board has not been able to establish any contract which was entered into by and between the board and tahe steamer agent.28. it has .....

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