Court : Kolkata
Decided on : Aug-04-2000
Reported in : (2001)1CALLT218(HC)
..... insurance unless the premium is paid in advance, such a condition can even be waived. except in certain cases as for example contract of life insurance, personal accident or sickness insurance, the principle of indemnity applies to a contract of insurance in which case the insurer's liability would be limited to actual loss. 16. reference in this connection may be ..... pecuniary loss to the assured only then he becomes entitled to be indemnified subject to the limitations contained in the contract. 18. it is trite that the question as to whether a contract of insurance would be a contract of indemnity will depend upon construction of a particular contract subject to the consideration that in the absence of the clear words showing that the ..... contract was intended, the court will construe the contract as one of indemnity. 19. in new india assurance co. ltd. v. rula and ors ..... . reported in : 2scr148 , the apex court has held :-- 'now, a contract of insurance, like any other contract, is concluded by offer and acceptance. normally, a liability under .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-26-2000
Reported in : I(2001)ACC411,2001ACJ1169,AIR2000Cal276,(2000)3CALLT271(HC),2000(2)CHN416
..... the liability of an insurer on the basis of a valid insurance policy covering the vehicle in question at the relevant point of time, is a matter relating to the contract of indemnity between the insurer and the insured. as the liability to pay compensation to a third party, as held hereinbefore, is joint and serveral amongst the insurer and the insured ..... the liability of the insurer if the vehicle is validly assured or apportion the liability between the insured. the insurer is liable to pay compensation on the basis of the contract of indemnity only when the insured is liable to pay the damages to the claimant. therefore, the liability between the insurer and the insured is governed by the ..... contract of indemnity between them and to the extent to which the vehicle is assured.10. thus, upon reading of the provisions of section 96, section 110aand section 110b of the aforesaid act, ..... , being one of the following conditions, namely :- (i) a condition excluding the use of the vehicle- (a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or (b) for organised racing and speed testing, or (c) for a purpose not allowed .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Aug-18-2000
Reported in : (2000)75ITD69(Kol.)
..... and completed in all respects is submitted along with the old certificate of deposit. thus it is only on the fresh application that a new contract of deposit is created. in our opinion, on a true and proper interpretation of art. 12(2) of the said convention when the deposits ..... shall apply only to the last-mentioned amount. in that case, the excess part of the payments shall remain taxable according to the law of each contracting state, due regard being had to the other provisions of this convention." 15. by the provisions of cl. (1) of this art. 13, ..... payments are borne by that permanent establishment or fixed base, then the royalties or fees for technical services shall be deemed to arise in the contracting state in which the permanent establishment or fixed base is situated. 7. where, owing to a special relationship between the payer and some other ..... 15 (independent personal services), as the case may be, shall apply. 6. royalties and fees for technical services shall be deemed to arise in a contracting state where the payer is that state itself, a political sub-division, a local authority or a resident of the state. where, however, the person paying ..... permanent establishment situated therein, or perform in that other state independent personal services from a fixed base situated therein, and the right, property or contract in respect of which the royalties or fees for technical services are paid is effectively connected with such permanent establishment or fixed base. in such a .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-18-2000
Reported in : 75ITD69(Cal),75ITD69(Cal)
..... and completed in all respects is submitted along with the old certificate of deposit. thus it is only on the fresh application that a new contract of deposit is created. in our opinion, on a true and proper interpretation of article 12(2) of the said convention when the deposits ..... apply only to the last mentioned amount. in that case, the excess part of the payments shall remain taxable according to the law of each contracting state, due regard being had to the other provisions of this convention.'14. by the provisions of clause (1) of this article 13, the ..... payments are borne by that permanent establishment or fixed base, then the royalties or fees for technical services shall be deemed to arise in the contracting state in which the permanent establishment or fixed base is situated.7. where, owing to a special relationship between the payer and some other person ..... 15 (independent personal services), as the case may be, shall apply.6. royalties and fees for technical services shall be deemed to arise in a contracting state where the payer is that state itself, a political sub-division, a local authority or a resident of the state. where, however, the person ..... permanent establishment situated therein, or perform in that other state independent personal services from a fixed base situated therein, and the right, property or contract in respect of which the royalties or fees for technical services are paid is effectively connected with such permanent establishment or fixed base. in such .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-16-2000
Reported in : (2000)3CALLT76(HC),2000(2)CHN400
..... exercise its discretion keeping in view the larger public interest. it was also held that the courtwill have no jurisdiction to entertain a writ application in a matter governed by contract qua contract as in such a matter public law element is not involved.36. in asia foundation & construction ltd. v. trafalgar house construction (i) ltd. & ors. reported in : (1997)1scc738 ..... ' case the court should restrain themselves and restrict such claims duly to the legal limitations. it is a well meant cautions. otherwise a resourceful litigant having vested interests in contracts licences etc. can successfully indulge in getting welfare activities mandated by a directive principlesthwarted to further his own interests. the caution particularly in the changing scenerio, becomes all the ..... entered into an agreement to advance the loan in performance of the statutory duty cast on the corporation by the statute under which it is connected and set up. the contract being statutory in nature was, thus, directed to be enforced.38. in ronix rolymers private limited & anr. v. state of west bengal & ors. reported in : air1997cal321 , this ..... rights and remedies, though may not be obliterated by any strait-jacket formula, it would depend upon the factual matrix. the adjudication of the dispute arising out of a contract would, therefore, depend upon facts and circumstances in a given case. the distinction between public law remedy and private law field cannot be demarcated with precision. each case will .....Tag this Judgment!
Court : Kolkata
Decided on : May-09-2000
Reported in : (2000)3CALLT318(HC),2000LabIC2571
..... by an agency within the meaning of article 12 of the constitution--the answer cannot possibly be in the affirmative--'20. in para 19 their lordships further found that the contract system was a mere camouflage, smoke and a screen and disguised in almost a transparent veil which could easily be pierced and real contractual relationship between the board, on the ..... requirement, the direction for regularisation would not stand in their way to retrench the workmen in accordance with law. if there arises any dispute as regards the indentification of the contract labour to be absorbed, the chief labour commissioner, central government, on evidence, would go into that question. the retrenched employees shall also be entitled to the benefit of the decision ..... has directed to the appellant and observed as under :--'...... they had been working in rourkela plant of the steelauthority of india for period ranging between 10 to 20 years as contract labour. the employment was of perennial nature. the non-regularisation defeated their right to a job. the change of contractors under the terms of the agreement will not have any ..... absorbed, in accordance with law. this order shall not be pleaded as a bar to such retrenchment. (vii) if there is any dispute in respect of the identification of the contract labourers to be absorbed as directed above, such dispute shall be decided by the chief labour commissioner (central), on material, produced before him by the parties concerned. (viii) this direction .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-29-2000
Reported in : I(2001)ACC438,2001ACJ1692,(2001)1CALLT85(HC),2000(2)CHN389
..... scrutiny of the matter. unless the tribunal is satisfied in the regard, the insurance company shall not, only by reason of the existence an insurance contract, be entitled to contest the case on merits. such contest can be made by the insured if the insurer is absent or is acting improperty ..... of the insured, so that in the insurer's turn, he is thereby benefited.26. mr. das argued that in the present day, every contract of third party motor insurance contains a clause which satisfied the first of these above conditions. in other words, a clause permitting subrogation of the ..... occurs even before actual discharge of the subrogatee's liabilities.25. but in this, two conditions must be satisfied. those are as follows :(i) the contract of insurance must provide for subrogation, in the sense that it must permit, upon satisfaction of the insurance liability or upon the making of due provisions ..... the claim, if the award goes against him, becomes entitled to take up the defences of the insured. the situation then looks upon the contract of insurance as already having been appropriately discharged, and allows the insurer to take up the insurer's defence even before the pronouncement of the ..... of foreclosure. (see section 92 of the transfer of property act, 1882). the principle of subrogation has always applied to the situation of insurers' contracts. if an insurer satisfies an insured theinsurer is subrogated to the rights of the insured who has claimed total loss, to obtain whatever is left, .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-08-2000
Reported in : (2001)1CALLT377(HC),108CompCas624(Cal)
..... ;(c) the courts can only examine whether the rates of interest claimed is excessive or not with reference to the directives of reserve bankof india. the courts cannot reduce the contract rate of interest either under the provisions of usurious loans act or any other law relating to indebtedness or principles of equity;(d) normally in regard to bank claims, the ..... to take into consideration the agreement of the parties in this respect but it must take the same into consideration. the court should generally adhere to the interest at the contract rate unless it is not considered to be equitable to do so. reference may be made in this connection to shiva prasad singh v.prayagkumari debee : air1935cal39 (supra). it is ..... ) and future interest (from the date of decree to date of realisation) under section 34 of the code of civil procedure, at the contract rates. 'contract rate of interest' but refers also to compounding of interest, thus if contract provides for quarterly rests (except in the case of agricultural advances). if the courts want to reduce the rate of interest, either current or ..... :--thus the following position emerges in regard to interest chargeable by banks :(a) banks are entitled to interest at contract rates, subject to the ceiling or limitations placed by the reserve bank of india in its circulars/ directives.(b) whenever the contract provides for compounding of interest, either specifically or impliedly by use of the words 'with rests', the banks are entitled .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-07-2000
Reported in : (2001)IILLJ470Cal
..... the event the contractor's labourers are of the opinion that having regard to the perennial nature of the job a prohibition should be issued with regard to employment of contract labour, having regard to gammon (supra), they will have to approach the appropriate government which may on arriving at its satisfaction and upon compliance of the formalities laid down in ..... not arise. air india statutory corporation (supra) ex facie has no application in the instant case, inasmuch as, therein the apex court has categorically held that the right of a contract labour to be absorbed in the service of the principal employer comes into being only upon issuance of a notification under section 10 of the act. in the instant case ..... applicable, there cannot be any doubt whatsoever that the said act being a self-contained code, a writ petition will no be maintainable for directing the central government to abolish contract labour. a constitution bench of the apex court in gammon india ltd. v. union of india and ors., reported in : (1974)illj489sc has categorically held that after coming in force ..... of the appellants herein has strenuously contended that having regard to the fact that customs department is a model employer, they cannot be permitted to violate the provisions of the contract labour (regulation & abolition) act, indirectly. learned counsel would urge that although the provisions of the said act are applicable, the first and the third respondents had systematically been violating the .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-21-2000
Reported in : (2001)2CALLT133(HC)
..... no justification for interference with the award of contract as the element of arbitrariness or favouritism was not there.48. therefore, the power of judicial review in the matter of public tender, be ..... exercised in the larger public interest or if it is brought to the notice of the court that in the matter of award of a contract power has been exercised for any collateral purpose.47. in the ease before the supreme court it was factually found by that there was ..... of the works; (ii) which limits in any substantial way inconsistent with the bidding documents, the employer's rights or the bidders' obligations under the contract; (iii) whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids; (iv) which is incomplete or does not include all ..... learned remembrancer, west bengal, on some questions of law and the synopsis of speaking orders saying that as per clause 28 of general conditions of contract to be read with clause 13 of itb clause 9 of aitb the bid of bidder no. 3 that is m/s. skanska international ..... stage for inviting tender submitted bids both on techno commercial and price pursuant to invitation of the board dated 24th november, 1997 for entering into contract for execution of main civil works in purulia pump storage project along with other participants. the entire work was sub-divided into several schedules. schedule .....Tag this Judgment!