Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1991 Page 1 of about 36 results (0.025 seconds)

May 30 1991 (HC)

Hindustan Cables Ltd. Vs. Bombay Metal Company

Court : Kolkata

Decided on : May-30-1991

Reported in : AIR1991Cal350,(1991)2CALLT164(HC)

..... 1,3,4 and 14 respectively and requested the respondent to arrange for immediate remittance of the full value. in view of the terms of the contract, contract by and between the appellant and the respondent was concluded on the 15th april, 1974. the petitioner, thereafter, by a letter dated april 19 ..... the respondent would clearly show that as soon as the appellant intimated about the acceptance of the offer of the respondent there was a concluded contract between the parties. it is also submitted that the contention raised by the respondent that when the respondent offered to purchase 14 items of ..... allowed to continue.8. before us a supplementary affidavit has been filed annexing certain documents in support of the plea that there was noconcluded contract between the parties and that the letter dated 15th april, 1974 was nothing but a counter-offer. an affidavit-in-opposition has been filed ..... -offer which the respondent did not accept by signing the duplicate copy and forwarding the same to the appellant and consequently there was no concluded contract between the parties. it is, therefore, contended that the ld. trial judge has exercised his discretion properly by refusing to stay the suit ..... the present respondent contested the said application contending, inter alia, that there was no concluded agreement between the parties that the terms of the contract was vague and unenfoceable and that the appellant's letter dated april 19,1974 was by way of a counter-offer which the respondent did .....

Tag this Judgment!

May 24 1991 (HC)

Kirkham Vs. Williams (inspector of Taxes.).

Court : Kolkata

Decided on : May-24-1991

Reported in : [1992]196ITR530(Cal)

..... which the appeal turns have been restated by nourse l. j. in the words of the commissioners in rearranged sequence. the taxpayer entered into the contract for the acquisition of the site before making any application for planning permission for any development. he acquired the site - and by that word ..... first application for planning consent (for the erection of a dwelling which the commissioners found he never intended to occupy himself) was made before the contract for the purchase of the havannah mills site had been completed.'i respectively think that that was an incomplete, and therefore an incorrect, approach. ..... henderson submitted that havannah mills was acquired as trading stock, for which purpose he accepted that the date of acquisition was the date of the contract and not the date of its completion. in an argument which at no point sought to discount the difficulties with which the commissioner finding ..... in paragraph 5(iv) to october 1978 as being the month when the taxpayer entered into the contract before making my application for planning permission.following the grant of outline planning permission on 22 august 1980 the taxpayer instructed a local builder ..... dwelling house for the [taxpayer] at the old mill, havannah lane, eaton...'before the judge an additional fact was agreed, namely that the contract to purchase havannah mills was entered into by the taxpayer in the summer of 1977 at the latest. it is also agreed that the reference .....

Tag this Judgment!

May 22 1991 (HC)

J. Sainsbury Plc. Vs. Oconnar (inspector of Taxes).

Court : Kolkata

Decided on : May-22-1991

Reported in : [1992]197ITR462(Cal)

..... the equitable interest in them. in my view he was right not to make that distinction. however, he thought that, because the purchaser could obtain specific performance of the contract by waiving the condition precedent at any time, 'the beneficial interest had sufficiently passed to the purchaser'. i respectfully think that that was an error on the part of ..... the beneficial ownership passes to the purchaser ....'so far therefore i see no reason to doubt that parliament intended, in the application of section 532(3) to specifically enforceable contracts for the sale of shares, that there should be no difference between the beneficial ownership of the shares and the equitable interest in them. nor, in the absence of ..... obtained. subsequently the purchaser obtained a satisfactory assurance from the german manufacturers direct. so they wrote to the vendors 'withdrawing the condition. 'in these circumstances', they said, 'the contract between the two companies has now become unconditional'. the question was whether the vendors remained beneficial owners of the shares until the condition was withdrawn, in which case the trading ..... spoke the answer must surely be clear. jenkins l. j. was assimilating beneficial ownership with equitable ownership. since the courts would have granted a decree of specific performance of the contract of sale 'the well-established general principle' applied, and the shares became in equity the property of the purchaser. he said, at page 146 : 'one is coming near .....

Tag this Judgment!

Apr 25 1991 (HC)

P.G. Sinha (Panchu Gopal Singh) Vs. Commodore K.C. Chatterjee and Othe ...

Court : Kolkata

Decided on : Apr-25-1991

Reported in : AIR1991Cal327

..... his favour, in that view of the matter we are satisfied that the plaintiff is not entitled to get the decree for specific performance of the contract. the appeal, therefore, fails and is hereby dismissed. however, in the facts of the present case we direct the parties to bear the ..... been returned to the plaintiff. there was no concluded contract between the parties and the plaintiffs suit for specific performance is liable to fail. it is also submitted that the plaintiff was not at least ..... money but did not actually forfeit the earnest money but returned the same to the plaintiff. it is, therefore, contended that there was no concluded contract between the parties. the counter-offer made by the defendant no. 1 not having been accepted by the plaintiff and the earnest money paid having ..... is contended that the learned trial judge has failed to appreciate the facts disclosed by evidence which would conclusively prove that there was a concluded contract for sale entered into between the plaintiff and the defendant no. 1, that the plaintiff-appellant also produced sufficient evidence before the learned trial judge ..... suit property under the defendant no. 1. the defendant no. 1 sent back rs. 8,000/- to the plaintiff and there being no concluded contract between the parties, the plaintiff is not entitled to any relief in this suit. the defendant no. 2, the estate manager filed a writtenstatement before .....

Tag this Judgment!

Aug 01 1991 (HC)

Mackintosh Burn Limited and anr. Vs. Nu-built Construction Private Ltd ...

Court : Kolkata

Decided on : Aug-01-1991

Reported in : (1992)1CALLT151(HC)

..... site ; an injunction to evict the contractor could scarecely be granted if the contractor is entitled to a decree of a specific performance to compel performance of the contract. if the contract is not specifically enforceable, then the contractor must resist the injunction on some other ground........on the view that i take, in the present case it does not ..... was instituted building had been practically completed except certain minor things and completed during the pendency of appeal.12. an argument of interest on the question whether or not a contract is specifically enforceable has been discussed by justice megarry in london borough of hounslow (supra) which i like to quote as under : 'there was considerable argument on the ..... performance cannot be appreciated. in the case of union construction company (private) ltd. v. chief engineer, eastern command (supra) the same point is emphasised that building or engineering contracts cannot be enforced through specific performance. to more strengthen the point the decision in air 1951 punj. 426 (supra) is also referred. apart from the above cases some decisions have ..... . mukherjee, the learned advocate appearing for the petitioners, submitted that the lower appealate court granted injunction in total disregard of the provisions of law. the alleged building or construction contract cannot be specifically enforced under the provision of section 14(1)(a), (b) and (c) of the specific relief act, 1963 and accordingly no injunction can be granted .....

Tag this Judgment!

Aug 16 1991 (HC)

Rajendra Kumar Arya Vs. Messrs New India Assurance Co. Ltd. Unit : the ...

Court : Kolkata

Decided on : Aug-16-1991

Reported in : 1992ACJ1026,AIR1992Cal110

..... sufference of damage in the vehicle in question, the fact of making claim by the insured to the insurance company and the negotiations between the two contracting parties, i.e. the insurer and the insured as to settlement of claim. during the long period of negotiations which started from the date of ..... position.' similarly is the pronouncement in permanent trustee co. v. bridge-water (1937) apc 14. where the relative position of the parties to a contract is such that it was incumbent on the creditor to establish affirmatively that the transaction was fair, just and reasonable, the transaction, in the absence of ..... : air1970cal221 . this decision held that the agreement of insurance policy incorporating a clause of arbitration is within the exception of s. 28 of the contract act and that a suit would be premature'if such reference of obtaining of award is made a condition precedent to a right of action, the ..... , the plaintiff's suit, it is contended, was liable to be dismissed with cost.3.the learned trial judge in his judgmentheld that the contract of insurance incorporated condition no. 7 which requires that all differences arising out of the policy shall be referred to the decision of an arbitrator ..... denying all the material allegations of the plaintiff. they contend that under the policy of insurance in case of differences arising out of the contract of insurance should be referred to the decision of an arbitrator to be appointed in writing by the parties and if they could not agree .....

Tag this Judgment!

Aug 29 1991 (HC)

B. Mookerjee Vs. State Bank of India and Etc.

Court : Kolkata

Decided on : Aug-29-1991

Reported in : AIR1992Cal250,(1992)1CALLT335(HC),[1993]76CompCas292(Cal)

..... management, including persons holding offices of managers, directors of the industrial undertaking immediately before the issuance of the notified orders would be deemed to have vacated their offices and any contract of management between the industrial undertaking and any managing agent or any director thereof holding such offices immediately before the issuance of the notified orders would be deemed to have ..... government and neither were its employees excluded from the operation of the bonus act. in the second case, the supreme court was called upon to consider certain provisions of the contract labour (regulation and abolition) act, 1970, where the decision in the case of rashtriya mill mazdoor sangh, nagpur, was also referred to. the second case does not appear to be .....

Tag this Judgment!

Feb 19 1991 (HC)

Ram Narayan Mondal Vs. Maniklal Sadhu and Another

Court : Kolkata

Decided on : Feb-19-1991

Reported in : AIR1991Cal388

..... is an invalid finding. the ld. judge has refused to exercise jurisdiction treating the initial decree passed in a suit for specific performance of contract as a conditional decree and the same is illegal.14. on behalf of the opposite parties it issubmitted that if this court finds that ..... as one not within the jurisdiction of the court to impose at the time of passing the initial decree in a suit for specific performance of contract.13. on carefully considering the division bench judgment in the case of tapan kumar chatterjee v. kalyani debi, : air1985cal243 , we are in respectful ..... appeal to the supreme court, the supreme court allowed the purchaser's prayer for extension and reversed the high court's decision to rescind the contract. therefore, according to the division bench, the supreme court approved and upheld the earlier decision of the division bench of the madras high court ..... the decree for specific performance making the prescription as to time -- peremptory. even thereafter the purchaser having failed to pay the balance consideration, the contract was rescinded on an application by the vendor and the purchaser's prayer for extension of time was dismissed on its merits. on a further ..... revision petition, may bebriefly staled as follows:the present petitioner brought the above title suit before the ld. trial judge for specific performance of contract for sale. the suit was decreed on 29-9-88 in favour of the present petitioner on contest with cost whereby the plaintiff was .....

Tag this Judgment!

Nov 26 1991 (HC)

Commissioner of Income-tax Vs. Mohanlal Bhagwati Prosad

Court : Kolkata

Decided on : Nov-26-1991

Reported in : [1993]204ITR234(Cal)

..... person happens to be a partner of a firm. such an approach is unsustainable in law, for whatever may be the obligations as between the partners, arising out of a contract, so far as the revenue is concerned, it is the real character of the partner who is assessed that would be relevant for assessment purpose. if shri c.s. virani ..... one of the partners is really a representative of others, third parties are not barred from dealing with him in his representative capacity, for, they are not parties to the contract of partnership. the revenue is in no way precluded from dealing with the partner as a representative if, he is one such, as for instance, where he is a 'karta ..... agreed to share the profits of a business carried on by all or any of them acting for all and the relationship of partnership being one that arises from a contract, the persons who come together in the partnership will be recognised as between them as partners. in a case where one of the partners represents a hindu undivided family or .....

Tag this Judgment!

Aug 16 1991 (HC)

Rajendra Kumar Arya Vs. New India Assurance Co. Ltd.

Court : Kolkata

Decided on : Aug-16-1991

Reported in : I(1993)ACC481

..... of damage in the vehicle in question, the fact of making claim by the insured to the insurance company and the negotiations between the two contracting parties, i.e., the insurer and the insured as to settlement of claim. during the long period of negotiations which started from the date of ..... special position.' similar is the pronouncement in permanent trustee co. v. bridgewater (193t) apc 14, where the relative position of the parties to a contract is such that it was incumbent on the creditor to establish affirmatively that the transaction was fair, just and reasonable, the transaction, in the absence of ..... air1970cal221 . this decision held that the agreement of insurance policy incorporating a clause of arbitration is with in the exception of section 28 of the contract act and that a suit would be premature if such reference of obtaining of award is made a condition precedent to a right of action. the ..... plaintiff's suit, it is contended, was liable to be dismissed with costs.3. the learned dial judge in his judgment held that the contract of insurance incorporated condition no. 7 which requires that all differences arising out of the policy shall be referred to the decision of an arbitrator ..... denying all the material allegations of die plaintiff. it contends that under the policy of insurance in case of differences arising out of the contract of insurance the dispute should be referred to the decision of an arbitrator to be appointed in writing by the parties and if they could .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //