Court : Kolkata
Decided on : Jan-20-1995
Reported in : (1996)1CALLT214(HC)
..... has also been cited, by the ld. advocate for the respondent. in the aforesaid decision the point involved was how far a negative stipulation can be implied in a contract of personal service. the division bench held as follows:- 'the negative stipulation cannot be implied merely from the existence of the affirmative stipulation; the affirmative stipulation does not of ..... for the respondent. in the aforesaid decision in that case the defendant corporation granted the plaintiff the right to use an airfield as airfield for 99 years. under the contract, the corporation was required to maintain the airstrip as an air strip. the corporation thereafter wanted to convert the land into housing estate. the plaintiff thereupon applied for injunction ..... . the plaintiff under section 41 of the arbitration act prayed for injunction restraining the defendant from buying pipes from anyone else. it was held that it was a simple contract of sale and purchase of ordinary articles of commerce and therefore, on injunction should be granted.the aforesaid decision is clearly distinguishable for the following reasons. (i) the ..... sources. (iv) tisco is entitled to terminate the agreement on reasonable notice. (v) tisco has accepted the breach alleged to have been committed by iccl and 'has terminated the contract'. (vi) conversion charges payable under the agreement are high. (vii) circumstances have changed since the agreement was entered into. charge chrome is not acceptable to the buyers of tisco .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-20-1995
Reported in : AIR1995Cal246
..... l times 66, a division bench of this court stated the law -'under the agreement it is clear that the rate of pay phones had been granted under a contract. true this contract has been entered into by and between the department of the central government and the writ petitioner/ opposite party in respect of a telephone which is established, maintained ..... . so far as the submission of mr. cododia on the doctrine of legitimate expection is concerned, the same has no application in relation to a dispute arising out of a% contract qua-contract. the said doctrine is applicable in the cases of 'state action.-'41. however, the supreme court recently in union of india v. hindustan development corporation, reported in : air1994sc988 ..... 54. recently again the supreme court inthe state trading corporation of india v. jarisas clothing corporation, reported in : air1994sc2778 , clearly held that in a case of unequivocal and unconditional contract of bank guarantee by supplier or his failure for shipment of goods; no injunction should be granted against the corporation from invoking the bank guarantee except in a clear case ..... and construct ship trawler subject to the conditions contained therein and the builders have confirmed and consented to the assignments of the rights and benefits of the company under the contract to the committee but without any liabilities thereunder.28. the said agreement contains covenants entered into by and between the company and builders as also the committee and builders .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-23-1995
Reported in : 89CompCas161(Cal)
..... be whether enforcement of a bank guarantee would come within the purview of the word 'proceedings'.11. the right to enforce any bank guarantee arises out of a contract-qua contract. under the contract respondent no. 1 was entitled to enforce the bank guarantee and the bank was liable to pay the guaranteed amount without any demur whatsoever. no court was entitled ..... , as set out above, it clearly appears that the bank unconditionally guaranteed and undertook to pay the beneficiary on demand irrespective of any dispute between the parties under the underlying contract and without any demur, reservation, protest and without any reference to the contractor. on such condition, if the invocation is proper and in terms of the bank guarantee, the ..... 22, the statutory injunction operates automatically whereas a case attracting the provision of sub-section (3) would require a specific order to be passed by the bifr. enforcement of a contract, therefore, could not have been interpreted to mean taking recourse to a proceeding either legal or statutory.30. in turnkey international ltd. v. banque nationals de paris  2 ..... in dispute. the petitioner obtained a purchase order from respondent no. 1, steel authority of india, on december 12, 1985, and for the purpose of execution of the said contract it received advances from the said respondent, upon furnishing three bank guarantees executed by respondent no. 2 in favour of respondent no. 1, the details whereof are as follows :tablepurposebank .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-21-1995
Reported in : (1996)2CALLT269(HC)
..... the respondent under the government of india had not been terminated in accordance with the conditions of service, nor under the conditions of service and the contract of service under which the petitioner had accepted the service under the bridge & roof company limited, did not authorize the union of india and/or ..... power. for instance, this principle will apply where the inequality of bargaining power is the result of court departing in the economic strength of the contracting parties. it will apply where the inequality is the result of circumstances, whether of the creation of the parties or not. it will apply ..... employee was terminated by paying three months' pay. it was held that clause(l) of rule 9 was void under section 23 of the contract. act as being opposed to public policy and is also ultra vires article 14 of the constitution to the extent that it confer upon the ..... india in this behalf under various circulars were that all persons appointed to top posts on permanent absorption basis should normally be appointed for five years contract or till the age of superannuation, which was earlier, and that on the basis of this state of affairs and the representation, accepted the ..... the time to time. the said circulars specifically stipulated that-'(a) a government servant coming on permanent absorption under public undertaking sector, should be on contract for a period of five years or till the date of superannuation, which was earlier.(b) at the end of first year, the performance .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-25-1995
Reported in : AIR1996Cal291
..... resonable rational, not arbitrary and violative of art. 14 of the constitution.23. the doctrine of fairness and reasonableness cannot be invoked to alter express terms of the contract of statutory nature. contract entered into by the state with private party pursuant to public auction orfloating of tenders or negotiation is of voluntary nature without involving state power.24. the principles of ..... interest at the cost of the state the court will undoubtedly interfere and strike down the state action.'22. the action or procedure adopted by the state authorities while awarding contracts in respect of properties belonging to the state can be judged and tested in the light of art. 14. the executive does not have absolute discretion, certain norms and ..... mr. chatterjee submitted that it is nothing but a fallacious approach for the simple reason that only established suppliers are eligible to participate in the bidding and that before any contract supply is made, materials are inspected by the quality assurance authority which is a wing of the department of telecommunication to certify the quality of the goods to be supplied ..... policy guidelines, arrived at after taking into account the evaluations made in accordance with the obligations imposed on the respondents and keeping in view the general trend pertaining to government contracts. it has further been stated that the writ petitioners have to put in the tender bid at his own volition and choice and are under no obligation to enter into .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-25-1995
Reported in : (1995)2CALLT1(HC)
..... and the provisions of the indian arbitration act, 1940, and of the rules thereunder and any statutory modification thereof shall be deemed to apply to and be incorporated in this contract.'39. it is on record that the joint arbitrators nominated by the parties held their first sitting on 11th july, 1990 and entered upon reference on that date. in the ..... after their completion and whether before or after the determination, abandonment or breach of contract, the same shall be referred to the award of an arbitrator to be nominated by the principal and an arbitrator to be nominated by the associate or in case off ..... to hold sitting day to day.37. i have considered the respective submissions of the parties and decisions cited from the bar.38. the arbitration clause in question in the contract, inter alia, provides as follows :'adjudication/arbitrationarbitration : in the event of any question or disputes arising under these conditions or any special conditions of ..... contract or in connection with this cotract (except) as to any matters the decision of which is specially provided for by those conditions), whether during the progress of the works or .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-16-1995
Reported in : AIR1996Cal146,(1995)2CALLT217(HC)
..... mistake as to matters of fact essential to the agreement and the agreement if any is void. 31. in this connection the purchaser placed reliance on section 20 of the contract act. even when orders were made by this court on 19th december, 1986 and 16th january, 1987 neither the official liquidator nor the purchaser were aware about the pending litigation ..... said order. the area of the land has turned out to be 4 khattas 9 chittakas short than what was advertised for sale. 32. relying on section 65 of the contract act it has been submitted on bahalf of the purchaser that when an agreement is discovered to be void any person who has received any advantage under such agreement or ..... contract is bound to restore it or to make compensation for the same to the person fromwhom he received it. 33. the offer of the purchaser was for a consolidated sum .....Tag this Judgment!
Court : Kolkata
Decided on : May-08-1995
Reported in : (1995)2CALLT84(HC)
..... at the second stage for the purpose of appointing an arbitrator to go into the disputes and differences between the parties arising out of the contract and which are referred to him, when no nomination is made by the parties.52. in my view, it would be wrong to assume ..... reported in 1993(2) calcutta law journal at page 432, wherein it was, inter alia, observed that when notice is given to the opposite contracting party to appoint an arbitrator, failure to take action upon such notice gives right to either party to invoke the jurisdiction of the court under section ..... , for filing of the agreement in this court, for appointment of an arbitrator in terms of clause 68 of the general conditions of contract applicable to the contract entered into between the parties, and for reference of all disputes between the parties for decision to the said arbitrator.6. the said application ..... the said clause reads as follows:'(a) in all disputes.......... the decision of the engineer shall be final and binding on all parties to the contract and shall forthwith be given effect to by the contractor.(b) if, however, the contractor is dissatisfied with any such decision of the engineer he ..... existing steel trust bridge and to dismantle and remove the same. disputes and differences arose between the parties during the execution of the work and the contract was terminated by the respondents on 19th october, 1993.3. the petitioner thereupon by its letter dated 20th november, 1993, forwarded a consolidated list .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-04-1995
Reported in : AIR1995Cal381
..... (1) notwithstanding anything to the contrary contained in the code of civil procedure, 1908 (5 of 1908), any person suing for the specific performance of a contract for the transfer of immovable properly may, in an appropriate case, ask for - (a) possession, or partition and separate possession, of the property, in addition ..... an alleged contractual right the suit was file for specific performance ofcontract. now by introduction of the new pleathe original right flowing from the contract isgiven a go-by and a right sought to be derivedon the basis of the provision of sections 8 and9 of the west bengal land ..... bent upon to purchase the same at a consideration of rs. 15,000/-. therefore, the plaintiff has filed the suit for specific performance of contract. 4. both the defendants entered appearance before the learned trial court. the defendant no. 1 advanced a plea that the plaintiff being an adjacent ..... the defendant no. 2 with the mediation of one sri ajit banerjee to dissuade him from purchasing the same inasmuch as there was a subsisting contract between the defendant no. 1 and plaintiff for the purchase of the suit land. but the defendant no. 2 seemed to be obstinate ..... prayer for amendment of the pleading filed by the petitioner. 2. the petitioner (hereinafter referred to as plaintiff) filed a suit for specific performance of contract in title suit no. 135/87 before the 1st court of learned munsif at chinsurah, hooghly against the respondent/ opposite party (hereinafter referred to .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-08-1995
Reported in : (1996)IIILLJ825Cal
..... retrenchment under and as computable under the said act even if the employer had made any voluntary payment to the said employees besides other dues admissible to them under the contract of services or otherwise. 17. mr. pramatha chatterjee, learned counsel appearing on behalf of the respondent workmen has cited a few cases in support of his contention noted above. the ..... the workman, or retirement of the workman on reaching the age of superannuation, or termination of the service of the workman as a result of the non- renewal of the contract of employment between the employer and the workman concerned on its expiry, or the termination of the services of the workmen on the ground of continued ill health. it is ..... the said undertaking by a notice dated july 3, 1969. by the said notice the services of the concerned 32 junior management staffs were terminated in accordance with their individual contracts of service, as is the case of the company. the employees concerned were paid their contractual dues; namely, pay in lieu of notice, leave and provident fund and in addition .....Tag this Judgment!