Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Feb-18-1993
Reported in : (1993)45ITD352(Kol.)
..... or the transfer of any right in the property in favour of the insurance company and that the payment was by virtue of the contract of insurance or indemnity and under the terms of the said contract.7. respectfully following these two decisions, we hold that the cit (appeals) was not right in directing the assessment of the amount of rs. 8 ..... ) of the act and the provisions of section 45 were not attracted. it was held that the money received under the insurance policy in such case was by way of indemnity or compensation for the damage, loss or destruction of the property. it was further held that the compensation cannot be stated to be consideration for the transfer of the property .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-08-1993
Reported in : AIR1994Cal232
..... respondent company which constituted state under article 12 of the constitution may be in certain circumstances subject to article 14 of the constitution in entering or not entering into contracts and must be reasonable and taken only upon lawful and relevant consideration; it depends upon facts and circumstances of a particular transaction whether hearing is necessary and reasons ..... touch-stone of reasonableness and pubic interest and in case either of the tests arenot satisfied, the action would be unconstitutional and invalid.' 'if the cancellation of the contract by the appellant corporation was arbitrary and unreasonable and against the rule of fairplay of it its action, even from administrative point of view was arbitrary and unreasonable, the ..... with standard or norm which is not arbitrary, irrational or irrelevant. the power of discretion of the government in the matter of grant or largess including award of jobs, contracts quotas, licences etc, must be confined and structured by rational, relevant and non-discriminatory standard or norm and if the government departs from such standard or norm in ..... discrimination in such transactions ....... the activities of the government have to public element and, therefore, there should be fairness and equality. the state need not enter into any contract with anyone, but if it does so, it must do so fairly without discrimination and without discrimination and without unfair procedure'. this proposition would holdgood in all cases of .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-18-1993
Reported in : AIR1994Cal14
..... not taken into account either the rottage or shrinkage which he was even entitled to deduct from the claims of the hirers, as per his own contracts with the hirers. in any event, the policy provides that 5% rottage and 5% shrinkage will not be payable by the insurancecompany. the insured in ..... as the insurance company is concerned and so far as the plaintiff is concerned the plaintiff had to pay the compensation to the hirers as per contract terms and even under the statute. the plaintiff was interested in minimising the loss and/or safeguarding the stock as far as practicable. the ..... the privy council in payana reena saminathan v. pana lana palaniappa, (1914) ac 618 at p. 622. lord moulton defined the legal incidents of a substituted contract in the following terms at p. 622: 'the 'receipt' given by the appellants, and accepted by the respondent, and acted on by both parties proves ..... on behalf of the plaintiff that cls. 4 and 6 of the subject policy (ext. a) were merely stipulation which were collateral to the main contract of insurance, breach of which did not relieve the insurance co. from its liability. it was also submitted that collateral stipulation are not conditions precedent to ..... the plaintiff was required to minimise the alleged loss and the plaintiff has failed to comply with the said requirement of the policy and/or the contract. according to the defendant by reason of such failure of the plaintiff to minimise the loss the defendant no. 1 is absolved from any liabilities .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-20-1993
Reported in : 85CompCas748(Cal),98CWN121
..... thousand only).'24. in the letter of invocation of the bank guarantee, as we have already indicated, the appellant enumerated the breaches of the contract/letter of intent. it has also been specifically mentioned in the said letter that acts of breaches mentioned therein and failure and negligence on the ..... the bank guarantee is as follows :'we, united bank of india do hereby irrevocably guarantee the fulfilment by the said contractor of the said contract letter of intent and undertake to pay the amounts due or payable under this guarantee without any demur, merely on a demand from shree precoated ..... coated sheets, vide letter of intent dated december 21, 1991. (ii) i. f. b. industries ltd. have committed breaches of the bank terms of the contract and has not yet completed the aforementioned job and have also committed the following breaches : (1) delay in submission of drawings ; (2) delay in supply ..... to the appellant, right from the beginning the plaintiff-first respondent failed to comply and fulfil the diverse terms and conditions of the said contract. failure to comply with the obligation on the part of the plaintiff-first respondent has been recorded from time to time in the correspondence ..... caused or suffered by the appellant by reason of the plaintiff-first respondent committing breach of any of the terms and conditions of the contract. the bank guarantee further provided that the bank would not be relieved from its liability by reason of variation or extension being granted to .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-05-1993
Reported in : AIR1993Cal184,(1993)2CALLT423(HC)
..... commodities for money or other commodities. in the complexities of modern conditions, in their wide sweep are included carriage of person and 'goods by road, rail, air, waterways, contracts, banking, insurance, transactions in the, stock exchange and forward markers, cpmmunication of information, supply of energy, postal and telegraphic services and many more activities -- too numerous to ..... and commercial as also managerial assistance and information which may be helpful to boeing's customers and for rendering assistance as boeing made reasonably require in concluding the contract with the customers of aircrafts. the compensation payable to the respondent under the said agreement, was two fold, firstly annual retainership payable in quarterly instalments and secondly ..... no specific denial about the said statement. therefore, the said facts goes uncontroverted. therefore, the services which were rendered even after the expiry of the alleged written contract and the consultancy charges payable therefor cannot be a subject-matter of arbitration. the learned counsel of the respondent relied on a decision reported in air 1949, cal ..... other services to the petitioner at the specific request of the petitioner in november, 1987. the respondent was performing the services even after the expiry of the contract at the instance of the petitioner and the petitioner consistently reiterated its intention to pay the compensation rightfully earned by the respondent upon conclusion of the sale. the .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-09-1993
Reported in : 217ITR185(Cal)
..... of intent and the certificate from the agent of rajpura colliery.3. the commissioner of income-tax (appeals) observed that the letter of intent described the contract as one for hiring heavy machinery. but the nomenclature was neither accurate nor decisive. he pointed out that the rate of payment was fixed with reference ..... moving machinery. it was pointed out that from the tax deduction certificate issued by the collieries it was noticed that the payments were made against the contract for hiring the aforesaid machinery. the income-tax officer further stated that the certificate of the agent of the colliery was of a general nature stating ..... quantum of work done by such machines. the assessee, however, claimed that it carried on the business of mining contract which the income-tax officer, however, did not accept and expressed a view that even if the firm was engaged in mining coal under the ..... contract the mere act of being engaged in removing the overburdens and extracting coal for others would not make the assessee an industrial undertaking. therefore ..... officer further pointed out that the certificate did not mention that the assessee was given a contract for mining work and on the other hand, the letter of intent and tax deduction certificate showed that the contract was for the hire of machinery on fixed rates depending on the nature of work and the .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-04-1993
Reported in : AIR1993Cal249
..... carried out by the plaintiff excepting those as stated by the plaintiff. the so-called termination was in my opinion, no termination of the contract and ifthe defendant would have carried out itsobligation by payment on account of price ofsilver sand then such a situation could nothave occurred. furthermore, ..... not otherwise and if the engineer holds that there are omissions from the works then the trust shall be entitled to deduct from the total contract amount such sum in respect thereof as the engineer shall by his certificate of completion award. the engineer in fixing : such additional payment of ..... to give plaintiff an opportunity for the last time to commence the work within a specified period that is 19-2-1983 failing which the contract would stand ipso facto terminated and/or cancelled without further reference to the plaintiff whatsoever.18. furthermore, the said notice dated 9th february, ..... measurement was in any event necessary before the work could be started and resolving of the variouscontroversies was also necessary. even after the period of contract came to an end in october, 1982, the control was being treated by both parties as subsisting. by letter dated 4th january, 1983 the ..... contained in the said schedule hereto (any particulars of specifications therein contained as to the materials to be supplied being a condition of the contract the breach of which shall give the trust the right to reject the materials in respect of which any default has occurred and to refuse .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-22-1993
Reported in : AIR1994Cal191
..... possibly be adjudicated in the present suit. a subsequent purchaser of property may have an interest in the property and his presence might be necessary as specific performance of the contract of sale may have to be ultimately obtained against him he being the successor-in-interest of the seller, but no such question arises when thereis merely an agreement to ..... exercised. it is true that the second paragraph of s. 40 of the transfer of property act makes a substantial departure from the english law, for an obligation under a contract which creates no interest in land but which concerns land is made enforceable against an assignee of the land who takes from the promisor either gratuitously or takes for value ..... ]1scr293 . there the supreme court observed as follows (at p 749):--'reading s. 14 along with s. 54 of the transfer, of property act it is manifest that a mere contract for sale of immovable propertydoes not create any interest in the immovable property and it, therefore, follows that the rule of perpetuity cannot be applied to a covenant of pre ..... but with notice. a contract of this nature does not stand on the same footing as a mere personal contract, for it can be enforced against an assignee with notice. there is superficial kind of resemblance between the personal obligation created by the .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-04-1993
Reported in : (1994)1CALLT75(HC)
..... an individual with business and solvency, there is no scope for application of the principle laid down in the case cited above.10. section 10 of the indian contract act provides what agreement are contracts. in the nit, it was specifically mentioned under paragraph 5 that 'the lease will be granted on terms and conditions as embodied in the trustees' standard lease .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-02-1993
Reported in : AIR1994Cal43,98CWN216
orderumesh chandra banerjee, j. 1. both the english act of 193s (trade marks act, 1938) and the indian act of 1958 (the trade and merchandise marks act, 1958) are in pari materia with each other in regard to the availability of a defence of special circumstances in the matter of an application for removal of a registered mark from the register of marks. for convenience's sake ss. 26(1) and 26(3) of the english act and ss. 46(1)(b) and 46(3) of the indian act are set out hereunder.'26. (1) subject to the provisions of the next succeeding section, a registered trade mark may be taken off the register in respect of any of the goods in respect of which it is registered on application by any person aggrieved to the court or, at the option of the applicant and subject to the provisions of section fifty-four of this act, to the registrar, on the ground either-(a) that the trade mark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods by him, and that there has in fact been no bona fide use of the trade mark in relation to those goods by any proprietor thereof for the time being up to the date one month before the date of the application; or (b) that up to the date one month before the date of the application a continuous period of five years or longer elapsed during which the trade mark was a registered trade mark and during which there was no bona fide use thereof in relation to those goods .....Tag this Judgment!