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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1996 Page 1 of about 34 results (0.014 seconds)

Mar 28 1996 (HC)

D. Wren International Ltd. and Another Vs. Engineers India Ltd. and Ot ...

Court : Kolkata

Decided on : Mar-28-1996

Reported in : AIR1996Cal424

..... in the execution of th? contract which was accepted by the petitioner as also its collaborator. they also agreed to execute a performance guarantee and accept the purchase order jointly. they also made themselves ..... the writ appli-ealion was issued. it is also not in dispute that during the course of negotiation the collaborator of the writ petitioner agreed to join the contract but as noticed hereinbefore, such negotiation took place through the petitioner. durirg negotiation several new conditions were attached as regards participation of the collaborator of the petitioner ..... writ application and in any event whether this court should exercise its jurisdiction in the facts and circumstance of the case. (ii) whether the impugned order terminating the alleged contract and issuing the globaltender notice suffers from illegality, irrationality or procedural irregularity. (iii) whether the petitioner had a legitimate expectation to be awarded the contractin question. 20. ..... contentions in respect of this writ application.(1) the offer made by the respondent accepting the bid of the petitioner as also the termination of the said contract having been communicated to the petitioners at calcutta as a result whereof the petitioner suffered pecuniary losses at calcutta,/his court has territorial jurisdiction to entertain this writ .....

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May 02 1996 (HC)

Gramophone Company of India Limited Vs. Shanti Films Corporation and O ...

Court : Kolkata

Decided on : May-02-1996

Reported in : AIR1997Cal63

..... television broadcasting, public performance and mechanical reproduction of the said works and (2) the sole and exclusive right to make or authorise the making of any record embodying the contract recordings, either alone or.together with any other recordings.21. there is no dispute that the said agreement has been signed by the defendant no. 1 through one of ..... also a judgment of the division bench of the allahabad high court in savitri deviv. dwarkaprasad, reported in : air1939all305 . mr. mukherjee drew my attention to section 53 of the contract act and section 3 of the transfer of property act. 14. mr. mukherjee principally submitted that if the assignment was with consideration but the consideration has not passed, the assignment ..... total half-yearly sales value on the basis of the company's domestic dealer price. for arriving at the total half yearly dealer value proportionate value will be taken where contract recordings are combined in a record with other recordings. (b) records manufactured for the company outside india on a custom pressing basis but intended by the company primarily for ..... and television broadcasting, public performance and mechanical reproduction of the said works. (ii) the sole and exclusive right to make or authorise the making of any record embodying the contract recordings, either alone or together with any other recordings. the producer undertakes to execute or obtain the execution of such further assignments or assurances as may be required to safeguard .....

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Apr 12 1996 (HC)

Phulchand Viswakarma Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Apr-12-1996

Reported in : (1997)1CALLT57(HC)

..... of additional accessories which has helped private interest of the successful tenderers and not public interest. that apart the aforesaid action of the respondents to enter into rate contract in the matter of at least additional accessories in the manner aforesaid without taking appropriate steps for ensuring fair competition in the matter, the very policy framed by ..... of discrimination. appearance of public justice is as important as doing justice. 58. applying the above mentioned principles although the action of the respondents in entering into rate contract in respect of standard accessorise with the tenderers of pneumatic tools may not be interfered with (although the same was also no doubt against the principles of entering into ..... in contractual matters because the whole conception of unfettered discretion is inappropriate to public authority who is expected to exercise such powers only for public good'. 'if the contract has been entered into without ignoring the procedure which can be said to be basic in nature and after an objective consideration of different options available taking into account ..... order placed by two government enterprises namely uranium corporation of india limited and hindusthan coper limited both of whom are purchasers under the directorate general of supplies and disposals rate contracts have been annexed. 39. mr. s. pal the learned counsel appearing for the petitioner has submitted, inter alia, that the petitioner being a manufacturer of accessories has .....

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Sep 12 1996 (HC)

M/S. Overland Investment Ltd. and Etc. Etc. Vs. State of West Bengal a ...

Court : Kolkata

Decided on : Sep-12-1996

Reported in : AIR1997Cal18

..... on the company with fond hope of its ability to pay back the contracted amount. thus the directions maintain the thrift for saving and streamline and strengthen the monetary operations of r.n.b.cs.34. in the third peerless case, reported in : [1996 ..... the accrued liabilities are evils sought to be remedied. the directions designed to preserve the right of the depositors and the abilityof r.n.b.c. to pay back the contracted liability. it also intended to prevent mismanagement of the deposits collected from vulnerable social segments who have no knowledge of banking operations or credit system and repose unfounded blind faith ..... , prescribing investment of an equal sum to the total liability to the subscribers/depositors. paragraph 12 is only a bridge between the depositors and the promise held out and the contract executed in furtherance thereof as a monitoring myocardium to keep the heart in paragraph 6 functioning without any hiatus. it is settled law that regulation includes total prohibition in a ..... the agents. but it is the lookout of the businessman. the absence of ceiling on the rate of commission would give choice between the company and its agents to a contract in this regard and has freedom to manage its business. the rnbcs are free to incur such expenses and organise their business as theydesire including payment of commission as they .....

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Jul 26 1996 (HC)

Paschimbanga Bhumijibi Krishak Samiti and ors. Vs. State of West Benga ...

Court : Kolkata

Decided on : Jul-26-1996

Reported in : (1996)2CALLT183(HC),100CWN900

..... of the transport as also the units, the vehicles would be able to go to the farthest...' as possible and provide better and quicker and more efficacious facilities'. nationalisation of contract carriages were thus upheld.' , here printed in italics.it also quoted from sanjeev coke manufacturing co's case reported in : [1983]1scr1000 to the effect :-'material resources of the community ..... -agricultural land and erected or owned by another person, and who is, or but for a special contract would be, liable to pay rent for such premises or such part of the premises to such person.23. explanation-in this clause 'premises' means any building, such as a ..... shall be deemed to be non-agricultural land.'22. 'non-agricultural tenant' means a person who holds non-agricultural land under another person and is, or but for a special contract would be, liable to pay rent to such person for that land but does not include a person who holds any premises or part of any premises, situated on non .....

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Apr 12 1996 (HC)

Sri Hanuman Steel Rolling Mill and Another Vs. C.E.S.C. Ltd.

Court : Kolkata

Decided on : Apr-12-1996

Reported in : AIR1996Cal449

..... to the consumers. it is also manifest that the right of the licensee to disconnect electrical energy is under the statute and not under a contract qua contract.52. the contention of mr. pal that a licensee is entitled to exercise his right of private defence as contemplated under sections 97 and ..... -much as mr. gupta had taken the extreme point that principles of natural justice are not required to be complied with at all and the contract of supply, in case of detection of pilferage or theft of electrical energy stands terminated whereas mr. pal merely submitted that in such cases post ..... disconnection.60. in fact contention of mr. gupta if accepted, would run counter to the interest of the licensee. as in case of termination of contract the consumer would not be liable to pay the minimum guaranteed charges, meter rent and other charges, if any.61. it, therefore, must be held ..... be required. the division bench distinguished the case of municipal corporation of delhi : [1990]1scr733 (supra) stating that the regulations are the part of contract.38. however, in the instant case, no regulation has been framed by the state and in absence of such regulation the principles of natural justice are ..... 24. sub-section (6) of section 26 provides for an adjudication by the chief electrical inspector where the meter, according to a party to a contract, was not recording correct consumption of electrical energy.25. sections 24 and 26, therefore, do not deal with a situation where the consumer is alleged .....

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Jan 12 1996 (HC)

Western India Industries Ltd. Vs. Central Coalfields Ltd. and anr.

Court : Kolkata

Decided on : Jan-12-1996

Reported in : (1997)1CALLT434(HC)

..... . it cannot be said that this court has jurisdiction to decide the questions forming the subject matter of reference. the subject of reference refers to execution or performance of contract which took place outside the jurisdiction of this court. there is an agreement that all disputes would be referred to the tribunal of arbitration of the bengal chamber of commerce ..... subject matter of reference, would not give jurisdiction to the court at those places for entertaining proceedings arising under the said act. in the instant case as stated earlier the contract was entered into and entire work to which the alleged dispute partains was performed at bihar. this court, in the circumstances has no jurisdiction to entertain the present application ..... no. 1 that the application should be dismissed on the point of jurisdiction alone. accordingly a preliminary objection as to jurisdiction has been raised on the ground that the contract was neither made at calcutta nor was it executable within the jurisdiction of this court. it was further contended that invocation of arbitration agreement by letter of demand for arbitration ..... the parties, and the petitioner would formally requested the chairman cum managing director, ccl, ranchi, the respondent no. 2, in terms of clause 58 of the general conditions of contract for nominating arbitrator for adjudication of the said disputes and differences. however neither any reply was received in respect of the said letter not any action was taken. 7. the .....

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Feb 22 1996 (HC)

Sushil Kumar Kajaria Vs. Gul Tara Chand Kripalani

Court : Kolkata

Decided on : Feb-22-1996

Reported in : (1996)1CALLT428(HC)

..... 18a, 18b, 18c and 18d that the plaintiff has not contended transfer of title to the property in question but has contended that there is a contract to transfer right.7. mr. mitra appearing on behalf of the plaintiff has submitted that in addition to the pleadings sought to be incorporated by amendments, ..... nor he is any way bound thereby;ii. but in a suit for specific performance if the title to the property stands transferred subsequent to the contract, then, since specific performance can be had against the transferee, as since a suit can be instituted against such transfer to obtain specific performance, the ..... a suit should be as has been provided for by the supreme court in durga prasad v. deepchand, reported in : [1954]1scr360 . if the contracting party is not aware as to who is the transferee of the title to the property at the time of institution of the suit and latter on ..... referred to acquisition of independent title to the property in question, on which no claim could be made in a suit for specific performance of a contract, to which the independent title holder is not a party. any other manner of reading the said judgment of the supreme court will render section 19 ..... judgment a subsequent proposed transferee had applied to be added as a party to the suit instituted by the previous proposed transferee for specific performance of his contract.5. in anil kumar singh v. shivnath mishra, reported in : (1995)3scc147 , the supreme court was dealing with a case where one daulat singh .....

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Jan 09 1996 (HC)

Manmatha Nath Kayal Vs. District Manager, 24 Parganas, Food Corporatio ...

Court : Kolkata

Decided on : Jan-09-1996

Reported in : AIR1996Cal316,(1996)1CALLT433(HC)

..... every state action is also on public interest. this fact alone is sufficient to import at least the minimal requirements of public law obligations and impress with this character the contracts made by the state or its instrumentality. it is a different matter that the scope of judicial review in respect of disputes falling within the domain of con-tractual obligations ..... . in paragraph 22 of the said report in shrilekha vidhyaarthi's case : air1991sc537 (supra) hon'ble supreme court observed as follows:--'there is an obvious difference in the contracts between private parties and contracts in which the state is a party. private parties are concerned only with their personal interest whereas the state while exercising its powers and discharging its functions, acts ..... undergo such a radical change after, the making of a contract merely because such contractual rights accrue to the other party in addition. it is not as if the requirements of article 14 and contractual obligations arealien concepts which cannot co ..... in the sphere of contractual matters and claim to be governed therein only by private law principles applicable to private individuals whose rights flow only from the terms of the contract without anything more we have no hesitation in saying that personality of the state requiring requlations of its conduct in all spheres by requirements of art. 14, does not .....

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Jan 19 1996 (HC)

Sm. Moitrali Mukherjee Vs. Manik Chand Jojuri and Another

Court : Kolkata

Decided on : Jan-19-1996

Reported in : AIR1996Cal226

..... of contract, as also from the assignee of the lessee by privity of estate but against thesub-lessee or mortgagee he cannot do so. reliance was placed on the decision in kumar ..... commentary of mr. mulla under s. 108, cl (j) of the transfer of property act (page 699 and 703 of the 7th edition) submitted that there is no privity of contract and privity of estate between the sublessee and head lessor unless there is absolute assignment, mr. mulla said the lessor can enforce payment of rent from the lessee by privity ..... inplaintiffs favour. issue no. 6: 9. the contesting defendant has contended that the plaintiff is not entitled to any mesne profit on the ground that there is no privity of contract between the plaintiff and the defendant no. 2, nor any privity of estate between them in absence of a.ny assignment by the defendant no. 1 to and in favour .....

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