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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1990 Page 1 of about 37 results (0.014 seconds)

Jul 20 1990 (HC)

Kalindi Woollen Mills (P) Ltd. and anr. Vs. Union of India (Uoi) and o ...

Court : Kolkata

Decided on : Jul-20-1990

Reported in : (1991)2CALLT75(HC),1991(33)ECC205,1991(53)ELT524(Cal)

..... prohibiting export of silver and even if the foreign buyer claims damages from the state trading corporation for breach of contract due to ban of export of silver the state trading: corporation would not be allowed to enforce the indemnity contract against the exporting policy in view of the equitable considerations. it was made clear that the constitutional questions should be ..... fifteen (amendment) order (1979) came into force which imposed a complete ban on export of silver including pre-ban contracts. the agreement between the-dealer and the state trading corporation contained an indemnity clause according to which in case the contract with foreign buyer could not be performed the dealer undertook to indemnify the state trading corporation. it was held that in ..... of such goods has to be registered prior to importation of the said goods with the textile commissioner of the government of india and it is only after the contracts are registered with the said textile commissioner and appropriate registration number is granted by the said authority, one can import the subject consignment accordingly. the allegation of the ..... the circumstances of the said case even though the contract to export silver related to pre-ban period, the court .....

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Jun 29 1990 (HC)

Raja Baldeodas Birla Santatikosh Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Jun-29-1990

Reported in : [1991]190ITR578(Cal)

..... liable to make good the loss which the beneficiary or trust property has sustained. the provisions for making good the loss is by way of indemnity for the damages suffered on account of breach of trust. the very fact that compensation is provided for such breach of trust would clearly ..... high court in the case of jugal kishore jai prakash v. cit : [1971]79itr598(all) .63. in this connection, the observations of pollock on contracts (12th edition, page 6) referred to in the decision of the rajasthan high court in cit v. motilal ramswaroop are relevant for our present purpose which ..... or the beneficiary has thereby sustained, unless the beneficiary has by fraud induced the trustee to commit the breach, or the beneficiary, being competent to contract, has himself, without coercion or undue influence having been brought to bear on him, concurred in the breach, or subsequently acquiesced therein, with full ..... section 11 of the trusts act authorises the trustees to act beyond the terms of the trust deed in case all the beneficiaries competent to contract give their consent and, in the case of minor beneficiaries, the civil court gives such consent. any action taken by the trustees without such ..... trustee could be held liable to make good the loss which the trust property or the beneficiary has sustained, unless the beneficiary, being competent to contract, has himself concurred or acquiesced therein. therefore, the transfer of trust property by the trustee in breach of trust is not void or a .....

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Mar 19 1990 (HC)

Balailal Mookerjee and Co. (P) Ltd. and ors. Vs. Sea Traders Private L ...

Court : Kolkata

Decided on : Mar-19-1990

Reported in : (1991)1CALLT287(HC)

..... a court to intervene upon prima facie satisfaction of such an additional factor being a deliberate and direct interference with the execution of a contract. incidentally, it is to be noted that at this stage the findings need only be prima facie in nature and not conclusive as ..... decision in the case of emareld construction co. v. ldwthian (1946(1) ylr 691) wherein, the defendants knew of the existence of the contract between the plaintiffs and their co-contractors, but they did not know its precise terms, though nevertheless the evidence showed that the defendants have determined ..... the later decision of the english courts made it clear that intentionally and without lawful justification if one induce or procure anyone to break a contract whether of personal services or not is a tort actionable at the suit of the other. lord macnaughten in the early 20th century in quinn ..... on the simple ground that there is evidence that the defendants intended to interfere directly and deliberately with the execution of the existing contracts by esso and future contracts by alternative fuels so as to prevent those companies supplying oil to the imperial hotel. this intention was sufficiently manifest to warrant ..... haldane and lord summer. the time has come when the principle should be further extended to cover 'deliberate and direct interference with the execution of a contract without that causing any breach'. that was a point left open by lord reid in stratford (j.t.) & son ltd. v. lindley (1965 .....

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Feb 28 1990 (HC)

Vijaya Bank Vs. Art. Tend Exports and Peerless Plastics Industries

Court : Kolkata

Decided on : Feb-28-1990

Reported in : [1992]74CompCas304(Cal)

..... agreement of the parties in this respect, but it must take the same into consideration. the court should generally adhere to the interest at the contract rate unless it is not considered to be equitable to do so. this question assumes special importance where the claimant is a bank which is ..... not exceeding 6 per cent. per annum except in the case of commercial transactions where interest may exceed 6 per cent. but shall not exceed the contract rate of interest. the question is whether, in awarding interest pendente lite and future interest, the court has exercised discretion on sound principles or not ..... the agreement of the parties in this respect but it must take the same into consideration. the courts should generally adhere to the interest at the contract rate unless it is not considered to be equitable to do so. reference may be made in this connection to shivaprasad singh v. prayagkumari debee : ..... circumstances. it was further observed that nothing has been spelt out before the appeal court so as to decline the award of interest at the contract rate from the date of suit till the date of decree. accordingly, the appeal court directed the decree to be modified.56. in the ..... an order that payment of the amount decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable. (2) order, after decree, for payment by instalments.--after the passing of any such decree the court may, .....

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Nov 22 1990 (HC)

Great Lakes Carbon Corporation (No. 2) Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Nov-22-1990

Reported in : [1993]202ITR133(Cal)

..... , in the light of the intention expressed in those clauses, we have no doubt in our mind that the parties never intended to rescind the original contract, but only wanted to continue by supplementing the agreement of 1964.29. for the reasons aforesaid, we are unable to accept the contention of dr. ..... as the case may be.'26. however, no such clause finds a place in the agreement dated december 19, 1978.27. if the entire original contract has been put an end to, the arbitration clause which is a part of it also perishes. there is no arbitration clause in the subsequent agreement. ..... the contentions of dr. pal.25. clause 15 of the agreement dated march 12, 1964, reads as follows :'all disputes arising in connection with the present contract shall be finally settled by arbitration. the arbitration shall be held at new delhi, india, and conducted in accordance with the rules of the international chamber ..... cannot he argued that the fixed deposit which has been renewed after the maturity of the earlier fixed deposit is on the basis of the old contract and not on the basis of the separate agreement entered into with the banker. his right to receive interest on the basis of the fixed deposit ..... the dispute, if any, cannot be referred to any arbitration. in the instant case, by the subsequent agreement, there has been variation of the original contract, there has been no rescission. if there is a variation, there would be no executory clauses in the subsequent agreement as would enable one to sue .....

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Aug 31 1990 (HC)

Sri Anupam Ghosh Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Aug-31-1990

Reported in : (1991)1CALLT300(HC)

..... contravention of any statutory provision and the employment and corresponding duties relate to matters of public law character. the service of the writ petitioner and conditions thereof flow from private contract between the parties and in view of the position of law discussed hereinbefore, the impugned action of termination of service is not amenable to writ jurisdiction even if it is ..... of governmental action, can frame arbitrary service conditions concerning large number, of employees. it is in this context, the supreme court has held that the arbitrary clause in the contract of service empowering the said authority to dispense with the services of large number of employees just on its pleasure by issuing a short notice or offering pay in lieu ..... subject matter for interference under the constitutional writ jurisdiction. in our view, if the right of the employee of an instrumentality or agency of the state flows from private contract between the parties and conditions of service are not governed or controlled by any statutory provision and the impugned action of the instrumentality or agency in the matter of employ ..... ., he has submitted that state action relating to contractual obligation will not be examined unless the actions have some public law character. if the matter comes in the realm of contract, then there is no scope for interference under article 226 of the constitution, which only encompasses public remedies. in this connection, mr. banerjee has also referred to a queen .....

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Aug 03 1990 (HC)

Kalyan Mukherjee Vs. M/S. Rahut Syndicate

Court : Kolkata

Decided on : Aug-03-1990

Reported in : AIR1992Cal1

..... view, prima facie, is without the consideration of the basic question that the court in such a situation has ample jurisdiction to restrain the defendant from terminating due execution of contract. the grant of compensation in the fctual perspective alone should not have weighed heavily with the court. the totality of the matter in its factual and legal perspective constitute ..... proportionately too high the question of damages, in my view, was not wholly adequate remedy and would not protect the revisionist from the consequences of this sort of unwarranted contract breaking. i am not required to express any final opinion in the matter but the decisions cited at the bar reminds the court that unilateral action of respondents should not ..... english decisions which have been quoted above are also to be taken into account.41. the' other aspect, which calls for scrutiny is there a reasonable prospect to hold the contract invalid during trial? was there no prohibition per se? whether it was depending on the surrounding circumstances? all these factors should not have been overlooked.42. the points that ..... order of prohibitory injunction to enforce the alleged negative covenant and 4) whether the plff. appellant can claim for a mandatory injunction which would amount to specific performance of a contract already breached?11. mr. bankim chandra dutt, the senior advocate for the revisionist submitted that the court was entirely wrong in refusing a mandatory injunction. it was further submitted .....

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Feb 28 1990 (HC)

Vijaya Bank and Etc. Vs. Art. Trend Exports and Etc.

Court : Kolkata

Decided on : Feb-28-1990

Reported in : AIR1992Cal12,(1990)2CALLT55(HC)

..... further observed that nothing has been spelled out before the appeal court so as to decline the award of interest at the contract rate from the date of suit till the date of decree. accordingly the appeal court directed the decree to be modified.9.33 in the ..... fying such a denial. in this context, it was observed that the general rule is that the rate of interest pendente lite should be at the contract rate unless there are circumstances which would disentitle the plaintiff to have the same. the burden was on the appellants to show such circumstances. it was ..... favour of the plaintiff bank is concerned, it also appears to us that till the period of redemption, the rate of interest as specified in the contract of the mortgage should be allowed. in any event, the contractual rate of 13% has not been found by the learned trial judge as unjustified and ..... that the rate of interest in a mortgage bond is excessive, is not sufficient reason for refusing the plaintiff interest at the rate embodied in the contract. the division bench took into consideration the two privy council decisions in aziz khan v. duni chand air 1918 pc 48 and lala balla mal v ..... , an order that payment of the amount decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable.(2) order, after decree, for payment by instalments.-- after the passing of any such decree the court may, on the .....

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Apr 20 1990 (HC)

Central Inland Water Transport Corporation Vs. Employees' State Insura ...

Court : Kolkata

Decided on : Apr-20-1990

Reported in : 95CWN462,(1993)IIILLJ774Cal

..... any gratuity payable on discharge. 21. it says that wages means all remuneration paid or payable in cash to an employee, if the term of the contract of employment, express or implied, were fulfilled and includes any payment to an employee in respect of any period of authorised leave, lock-out, strike ..... of wages. the punjab and haryana high court has held that the moment an employee gets an additional remuneration over the remuneration payable under the contract of employment and if such additional remuneration is paid at intervals not exceeding two months, it becomes wages by virtue of the 3rd part of ..... andhra pradesh high court that overtime allowance is remunertion paid or payable in cash to an employee upon the fulfilment of the term of the contract of employment, express or implied as envisaged by section 2(22) of the said act and therefore comes within the first part of the ..... the supreme court observed that wages as defined under section 2(22) of the said act include remuneration paid or payable under the terms of the contract of employment, express or implied, but further extends to other additional remuneration, if any, paid at intervals not exceeding two months though outside the ..... 2(22) of the said act contemplates that the word 'remuneration' takes in only all payments paid or payable every month as per terms of contract, irrespective of the work done, but contingent payment like overtime wages will not come within the scope of the definition of wages under the said act .....

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Feb 28 1990 (HC)

Louis Dreyfus and Co. Ltd. Vs. Assistant Commissioner of Commercial Ta ...

Court : Kolkata

Decided on : Feb-28-1990

Reported in : [1990]78STC25(Cal)

..... case : air1975sc1564 , well, in my view, apply in the facts and circumstances of the present case. in the present case the export starts under the contract which the petitioner has entered into with stci under which the price is paid and the property in the goods passes after the goods have crossed the customs ..... 18. the principles enunciated by the supreme court in the aforesaid two decisions apply with full force in the facts of the present case. under the contracts with stci the petitioner is under an obligation to export the goods and the price is paid and the property in the goods passes after the ..... when the goods are already on board the vessel and in the course of exports to the foreign countries. the contracts which stci entered into with the foreign buyers formed part of the contract which were entered into by and between the petitioner and stci and they were integrated ones and the sales effected ..... contract of sale between the corporation and the foreign buyer and not by the contract of sale between the corporation and the appellant.'22. earlier at page 147 of the report the supreme court observed ..... serajuddin's case : air1975sc1564 , the supreme court on the facts of that case observed at page 149 of the report :'but for the contract between the corporation and me foreign buyer, there was no occasion for export. therefore, the export was occasioned by the .....

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