Court : Kolkata
Decided on : Feb-01-1994
Reported in : 1994(74)ELT827(Cal)
..... a large profit, were not allowed to be exported, provided the court would give him relief against the inequitable enforcement of the indemnity clause in the contract with the stc.'39. we fail to appreciate how the observations made in the aforesaid judgment can have any application to the facts ..... under the said additional licence.43. this would also appear from the fact that although in case of importation under the open general licence contracts have to be registered with the textile commissioner in terms of clause 24 of the 'conditions governing imports under open general licence' as ..... the next question is whether the constitutionality of the export (control) fifteenth amendment order, 1979 should be examined closely vis-a-vis pre-ban contracts. constitutional questions should be considered by courts only when it is absolutely necessary, not otherwise. in the present case, broadly speaking, we are not ..... were effected within 60 days from the 28th april, 1989, i.e. within 27th june, 1989.8. the said consignments under the aforesaid contracts arrived at the calcutta port in or about august 1989. the customs authorities purported to confiscate the said goods on the ground that the ..... be registered, prior to the import of the said goods with the textile commissioner of the government of india. it was only after the contracts were registered with the said textile commissioner and the appropriate registration number was granted by the said authority, the said goods could be imported .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-07-1994
Reported in : [1995(70)FLR573],(1995)ILLJ939Cal
..... commissioner had the option to proceed against both or either of them. it is for the petitioners to find out as to whether the petitioner no. 1 had obtained any indemnity from his seller as against such liabilities arising to the petitioner no. 1 for any periods prior to the date of the purchase. that matter as between the petitioner no ..... . 1 and its sellers is to be governed by the terms of the contract of purchase and/or its interpretation. so far as the provident fund authorities are concerned by virtue of the said section 17-b they are at liberty to proceed even .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-14-1994
Reported in : 219ITR486(Cal)
..... read as follows (see  206 itr 299) : '(i) the provisions of section 194c shall apply to all types of contracts for carrying out any work including transport contracts, service contracts, advertisement contracts, broadcasting contracts, telecasting contracts, labour contracts, materials contracts and works contracts. . . . (iii) the provisions of section 194c would not apply in relation to payments made for hiring or renting of ..... said that the conclusion flowing from the judgment of the supreme court was that the provisions of section 194c would apply to all types of contracts including transport contracts, labour contracts, service contracts, etc., and that in the light of the judgment, the board had decided to withdraw the earlier circulars issued in this regard. fresh ..... by the central board of direct taxes. in our opinion, the expression 'any work' used in section 194c means 'works contracts' and 'contracts for work', i.e., 'labour contracts' but not 'service contracts' or 'transport contracts'.' 24. on the basis of the reasoning in these decisions the second and third submissions of the respondents noted earlier are ..... co. ltd. v. cit : 201itr435(sc) . thus, the provisions of section 194c are applicable to all types of contracts, for carrying out any work, such as transport contracts, service contracts, labour contracts, material contracts as well as works contracts, etc.' 10. this was followed by circular no. 681 (see  206 itr 299) dated march 8, 1994, issued .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-08-1994
Reported in : AIR1995Cal48
..... thus on the part of the writ petitioner alsoto pay off her obligations under the contractin depositing the balance of the considerationmoney and to call for specific performance ofthe contract since the contract was very muchalive.28. in abdul hashem v. balahari mondal reported in : air1952cal380 it was a case where during the continuance of the tenancy a notice of ..... unreasonable and arbitrary stand and the writpetitioner was justified in asking for an order directing the company to deliver the goods pursuant to the contactual obligations in terms of concluded contract entered into between the parties. accordingly, the learned single judge allowed the writ application and directed the kalyani spinning mills ltd. to rescind and, not to give effect ..... no.3950 of 1989. on august 7, 1989 kalyanispinning mills ltd. filed its affidavit-in-opposition in the said proceeding wherein itwas contended inter alia that there was aconcluded contract with the present writpetitioner and that the offer of the writpetitioner on further negotiation was accepted. 6. on 1st sept. 1992 all the three writ application aforementioned filed by ..... returned the bank draftfor rs. 2,31,420.00 paid by the writ petitioneron 10th july, 1989 towards purchaser price.on july 17, 1989 another contender for theself-same contract m/s. mitesh textiles filedanother writ application before this hon'blecourt challenging the sale effected in favourof the writ petitioner which was numbered asmatter no. 2350 of 1989. another .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-14-1994
Reported in : (1995)1CALLT54(HC)
..... that the agent had authority to enter into the contract on behalf of the company; (b) the representative must have been made by the person who had 'actual authority to manage the affairs of the company ..... reliance on k's ostensible authority.in that case, it was further held by diplock lj. that to entitle a contractor to enforce against a company a contract entered into on behalf of the company by an agent who had no authority to do so four conditions must be fulfilled ; (a) a representative ..... lockyer v. buckhurst park properties (1964) 1 all er 630. in that case, k. who carried on business as a property developer, entered into a contract to purchase an estate. he had not enough money to pay for it and obtained financial assistance from h. they formed a limited company with a share-capital ..... the residential house of the petitioner, to have it sanctioned and to construct the house as per the plan. the petitioner claims to have paid under the said contract a sum of rs. 1,89,040/- by cheques and rs. 1,93,500/- in cash. the undisputed facts are as follows :-10. mr. ..... as his friend. whatsoever payments were made by the petitioner were made to the company represented through mr. chakravorty. it has been categorically denied that the contract entered into between, the petitioner and the company was ultra vires the objects clause of the company as alleged by mr. das. mr. mullick has reiterated .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-21-1994
Reported in : AIR1995Cal91
..... business of the defendant in clause 12 of theletters patent. this aspect of the matter, was considered by their lordships when the suit was not alone for specific performance of contract to execute and register the document of title but coupled with a prayer for alternative relief. their lordships did not consider the matter in isolation but in conjunction with each ..... the company at calcutta has been taken to be a ground for creating jurisdiction is a misnomer. it cannot afford any jurisdiction to this court as the specific performance of contract has been sought for as appears from the agreement for sale. it runs as follows:'all that piece of parcel of land measuring an areas of 952.50 acres situated ..... in his submission to blow off the effect of argument of mr. mukherjee that the prayer fur possession is extraneous by the reason of seeking relief for specific performance of contract. thepossession all along remained with the defendant no. 1 which was handed over to the plaintiffs on 14-2-1986 that is almost with the execution of the power of ..... possession, for which, the plaintiffs refrained from praying a decree for recovery of possession. but, this argument does not hold ground as in a suit for specific performance of a contract the prayer for recovery of possession is inconsequential, for which, we do not burden our judgment with decisions.19. further it is noticeable, as alleged by the plaintiffs that possession .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-06-1994
Reported in : AIR1994Cal219,(1994)2CALLT7(HC),84CompCas514(Cal)
..... . this is to be noted that the bank guarantees were unconditional in nature. two bank guarantees were furnished by the two concerned banks to the respondent and same amount to contract as between therespondent and the concerned banks. the concerned banks have thought it fit and proper to pay the guarantee amounts and/ or to honour the guarantees given by them ..... -94 written about more than 45 days, in reply to the petitioner's letter dated 16-11 -93, inter alia stated that it was the petitioner who committed breach of contract and denied that the respondent committed any breaches of the agreement and further denied the claims made by the petitioners by the said letter dated 16-11-93. it was ..... .'10. it was submitted that having requested the petitioner to withdraw the plant and personnel from the bridge site, the respondent could not take exception to the petitioner treating the contract as terminated. it is to be noted that by letter dated 16-11-93 the petitioner inter alia intimated the respondent that the petitioner formally determines the ..... contract for the construction of bridge on river subarnarekha at jamshedpur with immediate effect and made claims for more than rs. 30 lacs as against the respondent. there after the respondent .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-22-1994
Reported in : (1994)2CALLT82(HC),99CWN433
..... affixing the responsibility on the agent in independent capacity of fiduciary nature and thereby upgrading its status as that of independent party in question. the contracts according to mr. tibrewal would unmistakably show that the defendant no. 2 figured as purchaser in the said transaction. mr. tibrewal even went so ..... of the plaint which cannot be looked into in supersession of categorical statement contained in the material averments of the plaint. stipulations of the said contracts cannot supersede the material averment of the plaint nor can displace the understanding of the plaintiff and an assertion that defendant no. 2 is an ..... defendants. the formation of the opinion of the learned judge that the material averments in the plaint are contrary to the terms of the contract notes is not sustainable in view of the settled ratio of law as indicated in the above noted decisions.10. accordingly, plaintiff cannot be ..... allowed to proceed against defendant no. 2 whose right to sue against the said defendants is specifically barred by section 230 of the indian contract act and name of the defendant no. 2, is liable to be struck off from the plaint and the plaintiff can only proceed against the ..... of the rejection of the plaintiff's claim against defendant no. 2 by embargo flowing from specific legal provision viz. section 230 of the contract act which bars such suit against the defendant. the plaintiff cannot be allowed to proceed against the said defendant for the relief as its claim .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-28-1994
Reported in : 213ITR236(Cal)
..... entered into many months before. the obvious inference is that the council entered into the contract for the supply and installation of the central heating systems when it was convenient in its building programme to do so, in the expectation that ..... to trying to achieve higher rates of interest in various respects. the terms were thus even at that date still subject to negotiation, but the contract between the council and its contractors for the supply and installation of the equipment - central heating systems in 3,000 council dwellings - had been ..... the equipment comprised in it. the commissioners accepted that case. they held that all leasing facility were offered in effect 'subject to contract' and there was no contract until the lease schedule was executed. the crown challenges that to conclusion of the facts; it is said that is should be inferred ..... mentioned that section applies schedule 17 to expenditure incurred after 11 july 1984 which does not consist of the payment of sums payable under a contract entered into on or before that date. the case for the companies was that the expenditure was incurred at the time the relevant company paid ..... any plant or machinery was acquired. this equipment lease was merely facultative at outset and did not create at that stage any lease or other contract in respect of any property at all. it purported to relate to equipment rent term and location as stated in the schedule, but the .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-17-1994
Reported in : 98CWN1133,II(1994)DMC248
..... .22. to fortify his claim reliance is placed by mr. bhattacharyya on firm sriniwas ramkumar v. mahablr prasad and ors., : 2scr277 . it was a suit for specific performance of contract and a sum of rs. 30,000/-and odd was paid in earnest. the defendants took the plea of loan carrying interest. the court decreed the suit on the case ..... . act. to examine the viability of the argument, we have examined the core of section 12(1)(c) of the h.m. act, 1955, alongwith section 17 of the indian contract act, 1872. on perusal, we are of the view, that section 12(1)(c) of the h.m. act does not deal with fraud in a general way nor deals ..... the claim of discovery of fraud in october, 1992.19. mr. bhattacharyya has waxed eloquent as it proceeds from the first limb of his submission that section 17 of the contract act, 1872, could be taken aid of as the respondent was under an obligation to speak to her husband about her premarital life. the silence and non-disclosure, in view .....Tag this Judgment!