Court : Kolkata
Decided on : Feb-25-1998
Reported in : [1999(82)FLR530],(2000)ILLJ456Cal
..... particular person has procured the employment under the same employer on the basis of a false declaration, cannot be said to be a contract of indemnity as defined in section 124 of the central act because loss, if any, caused to the employer on account of wrongful employment of such particular ..... writ petition, contending that the respondent ought to have approached the forum created by the industrial disputes act, 1947. the learned trial judge held that indemnity is reimbursement and so a statement of an employee to the effect that his employer can terminate his service summarily, if it is found that a ..... made by mahesh kora in the indemnity bond that he was the brother of late dingle kora was false and so the services of respondent gopal chandra mondal were terminated. the termination ..... is that mahesh kora was provided with the employment in terms of the provisions contained in clause 9.4.0 referred above and the aforesaid indemnity bond but after thorough inquiry by the vigilance department it was found that mahesh kora was not the brother of dingle kora and the declaration ..... be given to one dependent of workers disabled permanently and those who met with death while in service. the respondent and one another executed an indemnity bond in the year 1991 in connection with the employment of one mahesh kora on the ground of the death of his sister dingle kora declaring .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-22-1998
Reported in : (1998)2CALLT215(HC)
..... as between themselves, whatever the plaintiff had done in furtherance of their illegal designs, and would have precluded him from claiming, in a court of law, any indemnity from the defendant in respect of the liabilities he had incurred: common v. bryee (1819) 3 b. & aid. 179; mckinnel v. robinson (1838) ..... . there is no definite head or principle of public policy evolved by courts or laid down by precedents which would directly apply to wagering contracts. even if it ispermissible for courts to evolve a new head of public policy under extraordinary circumstances giving rise to incontestable harm to the ..... employed by the defendant to speculate for him upon the stock-exchange, entered into contracts on behalf of the defendant with a third party upon which he (the plaintiff) became personally liable. he sued the defendant for indemnity against the liability incurred by him and for commission as broker. the court held ..... supreme court held that betting is not illegal or immoral or contrary to public policy. the learned advocate has also referred to the law of contract by cheshire flfoot and furmston (11th edition) relied on by the petitioners at page 311 last paragraph in this connection.65. it has been ..... be perpetrated.b) it seems that while enacting the said provisions in the west bengal act, blindly the provisions in section 30 of the contract act, 1872, a piece of legislation during the british rule has been followed.c) if there is no sanction under the constitution of india .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-28-1998
Reported in : AIR1999Cal64
..... in lieu of bail. the paragraph runs as follows :--'392. guarantee in lieu of bail, a guarantee or undertaking by a bank, insurance company, protection and indemnity association, or other guarantor satisfactory to the claimant, to pay any amount found to be due from the defendant and not paid by him is, in practice ..... loaded 10 million litres of kerosene; also, may be the damages, if any, for not obtaining in india unto themselves the saybold plus 28 kerosene at the contracted price. we are aware, that all these might not leave the plaint, or the admiralty case, exactly where those are to-day; but it is not ..... procedure is involved. since the guarantor gives no undertaking to the court, enforcement of his liability could only be by way of a substantive action upon the contract of guarantee. in other respects, the effect of acceptance of a guarantee appears to be the same as the effect of giving bail'.39. mr. ..... also. the consignment is so huge that its future manipulation is not a matter of any ordinary commerical activity. according to mr. sen, since his clients contracted for high quality kerosene and got no quantity of it, the prices paid were entirely lost.34. mr. sen next submitted that if the ship sails ..... from plus 28 to minus 4/minus 5.32. according to mr. sen the whole value of the goods was lost to his clients. they had contracted for and paid for kerosene of superior quality, the minimum requirement for which is a saybolt parameter of plus 10. thus the plaintiffs filed suits for .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-21-1998
Reported in : 2001ACJ749,(2000)2CALLT449(HC)
..... accident. the driver of the car faced an action for damages. the question was whether the insurance policy would enable the said driver to claim indemnity from the insurance company. on a consideration of the terms of the policy, the court held that the company would be liable to indemnify him. ..... the effect that even presuming without admitting that truck on the date of incident was carrying more than six collies still, according to him, the contract of insurance is not vitiated. firstly, it was argued that respondent no.2, insurance company cannot take the aforesaid plea of the breach of conditions ..... terms appearing in the certificate in order to comply with the act is recoverable from the insured, and refers to the avoidance clause. thus the contract between the insured and the company may not provide for all the liabilities which the company has to under take vis-vis the third parties, ..... course of the judgment, the court said :'the act contemplates the possibilities of the policy of insurance undertaking liability to third parlies providing such a contract between the insurer and the insured, that is, the person who effected the policy, as would make the company entitled to recover the whole or ..... for hire or reward and the insurer cannot be held liable under the act. but that does not prevent an insurer from entering into a contract of insurance covering a risk wider than the minimum requirement of the statute whereby the risk to gratuitous passengers, could also be covered. in such .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-15-1998
Reported in : 2006(4)CHN381
..... from making a recall of the amount of rs. 85,84,456/- from the bank of india in terms of the letter of guarantee or indemnity executed by it. the courts usually refrain from granting injunction to restrain from granting injunction to restrain the performance of the contractual obligations arising out ..... either conceptually or on facts. no fraud or even a special equity has been alleged excepting though that the goods are not in accordance with contracted quality which, in our view, cannot be said to be a sufficient ground for intervention of the civil court in the matter of an ..... the view expressed in the case of svenska handels banker v. indian charge chrome and ors. : air1994sc626 :86. we have already held that the contracts between the lenders and the borrower are not vitiated by any fraud much less established fraud and there is no question of irretrievable injury. therefore, there ..... its discretion and grant the injunction. the same considerations apply to a bank guarantee.'41. a letter of credit sometimes resembles and is analogous to a contract of guarantee. in elian v. matsas 1966(2) li lr 495, lord denning, m. r., while refusing to grant and injunction stated :'... a ..... satisfied that, whatever disputes may thereafter arise between him and the bank's customer in relation to the performance or indeed existence of the underlying contract, the bank is personally undertaking to pay him provided that the specified conditions are met. in requesting his bank to issue such a letter, .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-17-1998
Reported in : 1999ACJ1195,(1998)2CALLT582(HC)
..... cover the bus without receiving the premium therefor. by reason of the provisions of sections 147(5) and 149(1) of the motor vehicles act, the appellant became liable to indemnity third parties in respect of the liability which that policy covered and to satisfy awards of compensation in respect thereof notwithstanding its entitlement (upon which we do not express any ..... stated thus :--'the effect of non-disclosure or misrepresentation, within the principles already discussed, is that the insurers have the right to repudiate, that is to say to avoid, the contract.'20. for the reasons aforementioned there is no merit in this appeal which is accordingly dismissed but in the facts and circumstances of this case there will be no order ..... assume any risk unless the premium payable is received or is guaranteed. thus, it will not be correct to contend that the insurance act makes a prohibition altogether that no contract of insurance can be entered into unless actually the premium has been paid. the insurance business of the appellant is governed by the provision of the general insurance business (nationalisation ..... to have been cancelled at a later date and, thus on the date on which the insurance cover note was issued. it would be deemed that there existed a valid contract of insurance.6. the provisions of the west bengal motor vehicles rules are not mandatory in nature. if substantial compliance is made with regard to the requirement of the said .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-27-1998
Reported in : (1998)3CALLT439(HC)
..... the mere fact that there have been negotiations which prove to be abortive and do not result in an enforceable agreement does not destroy the original contract : see perry v. suffielas ltd.' 31. although a procedure was laid down in the arbitration agreement, the parties by conduct accepted a procedure ..... even though there is convincing evidence pointing to the contrary. it was, however, said that a subsequent negotiation or a repudiation of part of the contract cannot in any manner affect the concluded agreement. reliance was placed on dauies v. sweet, the pertinent observation at page 529 being as under; ..... renuntiare juri pro se introducto. (see maxwell on interpretation of statutes, eleventh edition, pages 375 & 376). if there is any express prohibition against contracting out of a statute in it then no question can arise of any one entering into a contact which is so prohibited but where there is ..... a person may renounce a right introduced for his benefit), can effectively waive performance of the duty by the person bound; and that person can effectively contract out of performing the duty.'25. in the case of (5) lachoo mal v. radhye shyam : 3scr693 it was pointed out:--'the ..... any doubt whatsoever the parties by reason of a mutual agreement may curtail the period of limitation. such a clause would not attract section 28 of the contract act. clause 8 of the insurance policy does not contain such a clause. in national insurance company v. sujir ganesh co. and another reported in .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-20-1998
Reported in : (1998)2CALLT264(HC)
..... other duty such as additional duty, auxiliary duties, ad-valorem duty and any surcharge etc. on imported supplies as per contract during the contract period will be bsl's account on production of documentary evidence. the contractor will pass on the ownership of the imported equipment to sail, ..... liquidated damages. pat and fat were given on march 31, 1992 and october 8, 1993-both within the contractual period. in any event the contract period (referred to in clause 6):was separate and distinct from the completion period for delivery of equipment (referred to in clause 11) and the ..... of acceptance in writing was necessary. however, respondent proceeded on the basis of the work order dated 17.2.90. according to him that contract was entered into at bokaro since the letter was despatched under registered post at bokaro.33. accordingly it has been submitted on behalf of the ..... law apparent on the face of the award. the learned umpire erroneously, according to the petitioner, construed the provisions of the agreement and/or contract in as much as the payment clause incorporated in annexure iii, the first agreement is altogether different from 'exchange rate' and/or price variation ..... of work order no. 159, the following clauses and/or stipulations appear therein-clause-4 taxes & duties on imported supplies and services a. the contract prices are inclusive of import duty for the imported supplies @85% on cif value. verification in the rate of import duty and imposition of any .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-06-1998
Reported in : 2001(2)ARBLR630(Cal)
..... arrangements with its bankers in calcutta for payment of the purchase price.46. apart from the serious doubts regarding the genuineness of the new contract, admittedly, according to the respondent no. 1 it has made no payment whatsoever till date either on account of freight or towards purchase price ..... merely a confirmation of an oral agreement. the respondent no. 1 has said in its affidavit in reply in the trial court that 'the contract was concluded over the telephone and was reduced in writing at the request of comexindo in the form of the fax message dated 22nd december, ..... the said agreement was concluded at your petitioner's registered office at 4, council house street, calcutta 700001, within the aforesaid jurisdiction. delivery of the contracted goods was to be made by the respondent no. 1 at mumbai, outside the aforesaid jurisdiction. payment for the goods was to be made to ..... 9 :'pursuant to negotiations and discussions between the parties hereto, a fresh agreement was arrived at between the parties in suppression of the aforesaid thereon contracts. under the new agreement your petitioner agreed to purchase 11, 500 mt of toor whole and 6000 mt of black matpe directly from the ..... application before this court under section 9 of the act. according to the respondent no. 1 it was entitled to specific performance of the new contract recorded in the fax message dated 22nd december, 1997, alternatively, it claimed ownership of the pulses abroad the 'mv janice'. on the allegation that .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-10-1998
Reported in : (1999)1CALLT307(HC)
..... will be treated as cancelled.' 30. accepting the terms and conditions, the respondent joined the itbp service.31. notwithstanding such express terms in the contract of employment, the respondent approached the high court claiming that he should be superannuated only at 58 by placing reliance on certain standing orders issued ..... subsequent negotiation or a repudiation of part of the contract cannot in any manner affect the concluded agreement. reliance was placed on dautes v. sweet [1962 (2) wlr 525], the pertinent observation at page ..... previous oral agreement was accepted as genuine and binding. h would, therefore, be in appropriate to say that because the appellant has signed the sub-contract, every part of it is accepted by him even though there is convincing evidence pointing to the contrary. it was, however, said that a ..... (aperson may renounce a right introduced for his benefit), can effectively waive performance of the duty by the person bound: and that person can effectively contract out of performing the duly.'24. in the case of (5) lachoo malv. radhye shy am : 3scr693 it was pointed out :'the ..... by the parties is the foundation for reference under the arbitration act to an arbitrator appointed by the court to decide dispute arising under the contract as per its terms. in case of failure of arbitration under any other enactment, section 46 of the arbitration act seeks to step in .....Tag this Judgment!