Court : Kolkata
Decided on : May-15-1997
Reported in : AIR1998Cal1
..... that of the ordinary contractual warranty. otherwise there is no principle in insurance law which is at variance with the ordinary principles of the law of contract.'46. a contract of insurance is primarily a contract of indemnity but it may be framedotherwise, in terms whereof the insurer has certainobligation. 47. in lucas ltd. v. export credits guarantee depatment reported in 1974 (2 ..... price. the export credit guarantee department of the department of trade issues to exporters policies covering them them upto specified percenages against non-commercial risk. these policies are contracts of indemnity and if payment has been made under a policy by the department of trade in respect of a loss due to restrictions on the export of currency, and the ..... made by the first petitioner as regards the solemn promise made by it. a case of this nature would not fall within the general cases arising out of a pure contract qua contract.30. in life insurance corporation of india v. escorts ltd. reported in : 1986(8)ecc189 , the apex court was concerned with transfer of shares. the apex court ..... stated :--'the ministry of foreign economic relations of the republic of kazakhstan is pleased to inform that it is taking all the possible measures to perform its obligations under the contract concluded between 'rassik woodworth limited' and the state joint-stock company 'kazpishepromsyrio' for the delivery of tea to kazakstan. but some difficulties related to introduction .! the national currency, .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-10-1997
Reported in : AIR1997Cal296,(1997)2CALLT187(HC)
..... have been false, and therefore, a misrepresentation, if it was at the materials date false in substance and in fact section 17 of the contract act defines fraud as act committed by a party to a contract with intent to deceive another. from dictionary meaning or even otherwise fraud arises out of deliberate active role of representator about a fact which he .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-19-1997
Reported in : AIR1997Cal214
..... anchor of suggestion offered in the affidavit-in-opposition with regard to the maintainability of the writ petition is on the score that the parties having entered into concluded contract and the contract being non-statutory in nature, the same is capable of being enforced by a suit for specific performance before a competent civil court and the reliefs cannot be obtained ..... state executive authority must be subject to rule of law and must be informed by the reasons. if a government action every in matters of entering or not entering into contracts fails to satisfy the test of reasonableness, the same would be unreasonable. rule of reason and rule against arbitrariness and discrimination, rules of fair play and natural justice are ..... said decision mr. dutt, learned counsel for the respondents has submitted that in the instant case the petitioners cannot make any grievance of a breach of promise emanating from a contract or agreement as still the same is awaiting consideration by the authorities concerned. mr. chakraborty has made strenuous endeavour in giving copious references to numerous decisions and the court ..... their legitimate expectation and interference with their right to carry on with the proposed business. the petitioner no. 1 has further asserted that it after having fulfilled its part of contract and/ or agreement being ready and willing to perform the rest of it, it is incumbent upon the respondents to complete and fulfil their obligations thereunder by executing the .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-31-1997
Reported in : (1997)2CALLT321(HC)
..... plaintiffs or as agents for them the plaintiffs are not seeking to enforce any contract against the defendants in respect of these lands the learned advocate general described the suit as one to enforce fiduciary obligations and said that ..... land would be out of place in such a suit...............................................................in respect of these lands, no cause of action has been based on the contract of agency, the cause of action has been based on the ground that the purchases were made by the defendants as benamidars for the ..... land situate outside the jurisdiction of the court, against person locally within their jurisdiction in cases where there is equity between the parties arising from contract, fraud or trust, can be taken into consideration in determining the true scope of the high court original civil jurisdiction. kania c.j., also ..... or management thereof. thus, it is required to be found out whether the primary object of the suit i.e. specific performance of the contract, can be granted to the plaintiff without the necessity of any adjudication on the question of title to the flats in the new building, or ..... 2a, pratapaditya road, calcutta 26 and similarly the defendants furnished a bank guarantee for rs. 3,26,000/ - in terms of the said contract, but the defendants failed and neglected to deliver vacant possession of the three flats in the newly constructed building at the said premises to the .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-03-1997
Reported in : AIR1997Cal352
..... thereunder; particularly in view of the interim order passed by this court.so far as clause 4 of conditions no. 25(a) is concerned, such a contract, even assuming for the sake of argument could be entered into, the same must be subject to the provisions of section 9(2) of the act. ..... any such agreement as has been asserted by the `cityscape' the same would be contrary to public policy and thus void under section 23 of the indian contract act.as indicated hereinbefore, mr.mukherjee has also conceded that `cityscape' cannot thrust itself upon the petitioners to take supply of electrical energy from it.17. ..... os minimum charges held that section 22 obliges the board to supply to every person within the area of supply energy on the same terms. a contract of supply of electrical energy is statutory in nature.16 it is not dispute that as regard 89 per cent of the said market complex, the ..... whereof all h.t. services being switched on, all other supplies at the market complex would be entirely removed.9.it is absolutely clear that a contract entered into by and between cesc ltd.and `cityscape' is not binding on the petitioners.they are not even the tenants of `cityscape'.only be reason ..... the consumer for consumption within the area of the premises specified in the agreement. (iv) energy purchased under a special contract may be supplied or re-sold in accordance with the terms and provisions of such contract.in no case may the consumer charge more for energy re-sold under (i), (ii), (iii) or (iv .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-02-1997
Reported in : AIR1998Cal233
..... , l.c. in north eastern rail co. v. lord hastings, reported in (1900-1903) all er (reprint) 199, held that in particular circumstances an adherence to the letter of a contract may produce an apparent injustice.43. the supreme court, however, explained shelt mex and b.p. ltd. v. manchester garages ltd. (1971 (1) all er 841) (supra) in capt. b ..... . hazelhurst, reported in (1978) 2 all er 1011 held, that :--'having regard in particular to the fact that h and s were liable only for the consideration they had each contracted to pay and were not jointly and severally liable for the total consideration, the separate obligations contained in the two agreements could not be reconstructed into one joint obligation without ..... : whether it was intended that the occupation should have a stage in the room or whether he only had permission for himself to occupy the room personally, whether under a contract or not. applying that test to the circumstances of the case c was not a tenant but a contractual licensee and so was not entitled to security of tenure under .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-18-1997
Reported in : AIR1998Cal16
..... prescribed, on the basis of the doctrine of 'executive necessity'. the norms and procedures prescribed by government and indicated by courts have to be more strictly followed while awarding contracts which have along with a commercial element a public purpose as in the present case. the publication of directories by the mtnl is not.just a commercial venture; the primary ..... when it is administering largesse and it cannot, without adequate reason, exclude any person from dealing with it or take away largesse arbitrarily.' 'the state need not enter into any contract with any one, but if it does so, it must do so fairly without discrimination and without unfair procedure.' (see harminder singh v. union of india, : 3scr63 ). however ..... the with standard or norm which is not arbitrary, irrational or irrelevant. the power or discretion of the government in the matter of grant of largess including award of jobs, contracts, quotas, licences etc., must be confirmed and structured by rational, relevant and non-discriminatory standard or norm and if the government departs from such standard or formin any particular ..... further submitted that although rajpath contractors and engineers pvt. ltd. had shown experience in constructing dyke bandh it must be held that it had no experience in relation to the contract in question but he was awarded 3 marks whereas the petitioner was awarded '0'. the learned counsel submits that the petitioner apprehends that the said rajpath contractors and engineer .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-20-1997
Reported in : (1997)1CALLT486(HC)
..... 1989]1scr880 , wherein by sabyasachi mukherji j., as then he was, observed as follows:-- 'the arbitrator had construed the effect of the clause of the contract and it cannot be said that such a construction is a construction which was not conceivable or possible. if that is the position, assuming even for ..... the jurisdiction of the arbitrators to interpret the contract (para 17). 11. i may also refer to the decision of the supreme court in the case of associated engineering company v. government of andhra ..... the case of hindustan construction company ltd., it was observed that even if, in fact, the arbitrators had interpreted the relevant clauses of the contract in making their award on the impugned items and even if the interpretation is erroneous, the court cannot touch the award as it is within ..... facts of a particular case. 9. since the main thrust of the dispute raised here was with regard to the interpretation of the terms of the contract by the arbitrators, i would prefer first to refer to the case of trustee of the port of madras v. engineering constructions corporation ltd., reported in ..... and made in a condition to full readiness to commence work and was to cease the day the equipments reached the port of entry. the contract provided that dowell, the respondent, shall arrange for inland transportation of equipments/chemicals from one place to another as required by the company in .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Nov-24-1997
Reported in : (1998)67ITD219Cal
..... the work done in austria. the learned counsel for the assessee further submitted that the assessee became entitled to 7 per cent of the contract price and for remittance of that money the assessee had to pay advance-tax under protest for obtaining no-objection certificates because the assessee followed ..... and therefore the steel authority of india ltd. (sail) issued the tender. he further clarified that no work had actually been done and the contract had not been worked out and according to the agreement, services were to be rendered outside india and the remittance of the technical fees was ..... the assessee also submitted that in pursuance of the above agreement, dt. 15th september, 1993, the assessee-company provided to l&t the pre-contract technical services and such services were rendered by the assessee-company entirely at its office in linz, austria. it was also clarified that the assessee- ..... all technical details and information. as per agreement, the assessee-company would carry out its work generally in its office in linz, austria. in pre-contract phase, the assessee-company was to provide basic data, engineering data, documentation, etc. at the assessee-company's office in austria and in austria ..... in india directly or indirectly being principal contractor and as per the provision of s. 9 of the it act, the income in connection with such contract did accrue or arise in india which was chargeable to tax in india. according to the ao, the provisions of s.44ab were applicable in .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-10-1997
Reported in : (1997)2CALLT272(HC),232ITR812(Cal)
..... of any intending transfer to inform the authorities four months before such transfer. in this case, if at all the defendants have entered into a contract with the plaintiff for the lease of the property it was also the duty of the defendants to inform about the proposed transfer. the defendants being ..... on reading the whole of the plaint, it emerges that the cause of action is implicit in the pleadings that due to non-performance of the contract by the defendants, the plaintiffs has asked in the suit for appropriate remedy. it is strange to note that the defendants have not yet filed ..... the inaction or wrong done by the adversary. since the plaintiffs had complained of the conspicuous silence/inaction of the defendants in doing their part of the contract which resulted in severe pecuniary loss and other inconvenience and, therefore, he filed the present suit. thus, from the above fact, it cannot be ..... the agreement dated august 12, 1989, for the grant of sub-lease of the premises no. 239, the suit was filed for specific performance of the contract. it further appears that defendant no, 2 in the suit has not yet filed the written statement. defendant no. 2 is the managing trustee of defendant ..... 2. the opposite party plaintiff has filed the suit against the present petitioner who is defendant no. 1 in the trial court for specific performance of the contract in respect of the suit properties, on the ground that defendant no. 1, which is a trust, had executed a deed of agreement on or about .....Tag this Judgment!