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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 2001 Page 1 of about 20 results (0.091 seconds)

Jun 26 2001 (HC)

Paharpur Cooling Towers Ltd. Vs. the Owners and Parties Interested in ...

Court : Kolkata

Decided on : Jun-26-2001

Reported in : AIR2001Cal213,(2001)2CALLT445(HC)

..... all loss, damages, and expenses arising or resulting from inaccurancles in such particulars. the right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.' 27. the learned counsel said that the proviso in paragraph 4 ..... practical procedural device developed by courts for rendering justice in accordance with substantive law even in cases of maritime claims arising by reason of breach of contract for the carriage of goods and other transactions, [see in paragraph 68 in 'elisabeth']. 46. so in this context, the arrest of a ..... , demands, and matters, civil and maritime, whatsoever, between merchants, owners, and proprietors of ships and vessels, employed or used within the jurisdiction aforesaid, or between others contracted, done, had, or commenced. in, upon or by the sea, or public rivers, or ports, creeks, harbours, and places overflown, within the ebbing and flowing ..... use or hire of a ship' are also wide enough to cover the case of the hire of a tug under a towage contract. claims in respect of damage to cargo do not, unless they result from damage done by a ship, give rise to a maritime lien.' 21 ..... of any agreement relating to the carriage of goods in a ship. an agreement relating to the use or hire of a ship includes a contract for services rendered by motorboats to a ship where those services involve more than some incidental and minor use of those boats. the words ' .....

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Apr 26 2001 (TRI)

Shri Ram Sakal Singh Vs. State Bank of India and 5 ors.

Court : DRAT Kolkata

Decided on : Apr-26-2001

..... the cold storage of the partnership firm of which, the present appellant arid others were the partners. it is the partners who executed the letter of indemnity asserting that in the event of loan remaining unpaid, they would pay to the bank the same together with stipulated interest. the said document also ..... partner rather partnership was constituted with three persons namely ram sakal singh, ram deo singh and pritilata singh.19. a scrutiny of the letter of indemnity dated 10.3.1979 discussed earlier will also reveal that defendant no. 3 is not a party to the same. so also the letter of undertaking ..... to potato growers individually and the quantum, if taken separately, is also less than 10 lakhs in each case. on a scrutiny, the letter of indemnity will reveal the circumstances in which the loan was given to them and at whose instance and under what conditions. it appears from the said document ..... no. 1 namely bank has argued that potato growers are not necessary parties since the loan was given on the basis of the letter of indemnity and guarantee executed by the partners of the firm.besides, the objection regarding alleged known joinder of party was not taken at the earliest stage and ..... are not parties to the claim case and as such they being the principal debtors are necessary parties. he also relied on section 126 of the contract act and a decision reported in air 1983 noc (calcutta). it is his contention that individual potato growers took the loan separately and there are .....

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May 02 2001 (HC)

National Properties Ltd. Vs. Bata India Limited

Court : Kolkata

Decided on : May-02-2001

Reported in : AIR2001Cal177

pranab kumar chattopadhyay, j.1. this is an appeal against the judgment and decree of a learned single judge of this court in a suit for specific performance of a contract. the contract was for the grant of lease in respect of four floors, namely ground, 1st, 2nd, and 3rd of the premises no. 1/1. lower circular road, calcutta (hereinafter ..... had been exchanged between the parties, namely, the plaintiff and defendant/appellant herein and as such according to learned advocate of the appellant, question of arriving at a concluded contract and/or execution of a valid lease between the parties under such circumstances cannot arise.42. mr. dutta submitted that trial court should have taken into consideration the subsequent ..... (pasupuleti venkateswaralu v. the motor general traders).43. mr. dutta further submitted that agreement without consideration is void and referred to section 2(d) and section 25 of the contract act. mr. dutta also submitted that documents were required to be registered under the registration act if the documents created a present demise, they are compulsorily registerable. mr. dutta referred ..... case could always be made certain.65. mr. tibrewal also referred to williams on title 4th edition, pages 25-26. relevant extracts whereof are reproduced hereinbelow :'contracts by correspondencewhen enforceable contract formed. it is not uncommon for negotiations to be carried on by the interchange of a number of letters passing between the vendor and the purchaser or their .....

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Apr 17 2001 (HC)

Universal Petrochemicals Ltd. Vs. Rajasthan State Electricity Board

Court : Kolkata

Decided on : Apr-17-2001

Reported in : AIR2001Cal102,(2001)2CALLT417(HC),2001(2)CHN300

..... interpreting sub-section 4 of section 31 of the act are quoted below:'a careful reading of this sub-section clearly establishes that this subsection does not include a contract. therefore, a contract will not come within the purview of this sub-section and it will prevail over thisstatutory provision.'49. this court, with great respect to the learned judge, ..... case here and there are bonafide disputes about the breach, if an0y, committed by the appellant.60. in a somewhat similar situation, the supreme court while construing a government contract held in the case of state of karnataka v. executive engineer, thungabhadra reservoir division, munirabad and another, reported in air 1987 sc 1359, as follows:'a right to ..... cannot accept the aforesaid proposition. the proposition that a contract between the parties will prevail over an overriding statutory provision is contrary to basic norms of jurisprudence. a statutory provision is the sovereign will of the legislature and the same ..... of disputes are similar and the parties are identical. the facts of the case are briefly summarised hereinbelow.2. universal petrochemicals ltd. the appellant herein, entered into two separate contracts for supply of transformer oil to rajasthan state electricity board {hereinafter called the board). in terms of those agreements, the appellant was to furnish bank guarantee for a total .....

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Apr 26 2001 (HC)

Indian Oil Corporation Ltd. Vs. Manav Construction Private Ltd.

Court : Kolkata

Decided on : Apr-26-2001

Reported in : (2001)3CALLT78(HC)

..... to be discussed hereunder. one is that the argument of the respondent-plaintiff is that doctrine of frustration in the facts and circumstances of this case presupposes the breach of contract. i can not accept such submission at this stage because such part has to be established by the respondent-plaintiff at the time of hearing of the suit by adducing ..... are very wide. no injury will be caused to the respondent. the present suit is made for recovery of loss and damages suffered by it on account of breach of contract. the defendant by filing this written statement has taken various pleas. however, by making this application in effect the defendant wanted to be much categorical in respect of frustration by ..... be allowed in merit or not. it is an admitted position that the suit is made on account of loss and damages arising out of breach of contract. therefore, the usual defence under the contract act is act of god, impossibility to perform, frustration etc. therefore, it cannot be said that such defence is new defence cannot be taken by the defendant .....

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Jan 04 2001 (HC)

Eastern Coalfields Limited and anr. Vs. Assistant Labour Commissioner ...

Court : Kolkata

Decided on : Jan-04-2001

Reported in : (2001)IILLJ1467Cal

..... nature of the work for which the petitioners wanted to engage contractors contending that such type of work also involved loading and unloading of coal which is prohibited by employing contract labour. 5. the petitioner no. 2 wrote several letters contending that the act of a driver in such process is not prohibited by the notification under section 10 of the ..... , 1973. by a notification dated february 1, 1975, the central government in exercise of powers under section 10 of the act prohibited the employment of contract labour in the work of inter alia coal loading and unloading in all coal mines. a certificate of registration dated may 20, 1976 has been issued in favour of the ..... to accept the amendment of the certificate of registration in exercise of his power under sub-rule (2) of rule 19 read with rule 20 of the contract labour (regulation and abolition) central rules 1971 ('rule'). 2. the petitioner no. 1 carries on business of raising and selling coal from collieries covered by the coal mines (nationalisation) act ..... bhattacharya, j.1. by this writ application, the petitioner, a government company has challenged an appellate order passed by the appellate authority in an appeal under section 15 of the contract labour (regulation and abolition) act, 1970 ('act') thereby affirming an order dated february 5, 1979 passed by the assistant labour commissioner (central) and the registering officer under the act, refusing .....

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Apr 17 2001 (HC)

Sunil Krishna Ghosh and anr. Vs. Calcutta Improvement Trust

Court : Kolkata

Decided on : Apr-17-2001

Reported in : AIR2001Cal199

..... the version of the plaintiff, neither paper possession nor physical possession has been given. in this case, there is no stipulated date of performance of the contract. the plaintiffs have performed their part of contract whereas the defendant has not. the defendant has not in writing refused either to execute the conveyance or to perform their part. moreover in my view, this .....

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Apr 06 2001 (HC)

Sisir Kumar Dutta Vs. Union of India and ors.

Court : Kolkata

Decided on : Apr-06-2001

Reported in : (2001)2CALLT178(HC),[2002(92)FLR372]

..... supreme court in paragraph 16 of the judgment in moti ram's case (supra).9. in the very same judgment at paragraph '17', it has also been declared that a contract of employment, however, stands on a different footing wherein the act of relinquishment is of bilateral character and resignation of an employee is effective only on acceptance of the same .....

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Apr 18 2001 (HC)

Swapan Kumar Ganguly Vs. Smiritikana Ganguly

Court : Kolkata

Decided on : Apr-18-2001

Reported in : (2001)3CALLT148(HC),2001(3)CHN124,I(2002)DMC433

..... has been codified in 1955 and thereafter was amended, the basic concept of the hindu marriage act right from the beginning that it is more of sacrement rather than a contract has not undergone a total or radical change. 28. i am not oblivious of the fact that by amendment of the said act, a provision has been made by which .....

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Aug 06 2001 (HC)

Union Bank of India Vs. Vithalbhai Pvt. Ltd.

Court : Kolkata

Decided on : Aug-06-2001

Reported in : AIR2002Cal144; (2001)3CALLT484(HC)

..... 8th november, 1983 of the appellant's solicitor, he has take any step to put an end to the contract. this has not been done. apart from that in the letter written by the solicitor of the plaintiff-respondent the request was to deliver vacant possession on the expiry of ..... the institution of the suit. the learned counsel, therefore, stated that the suit is maintainable under section 34 of the specific relief act read with section 39 of the indian contract act. learned counsel further submitted that in the said suit the plaintiff respondent by virtue of an amendment has incorporated subsequent events and the suit was heard in february, 1992 ..... taken by the appellant in the letter dated 8th november, 1983 and in view of the provisions of section 39 of the indian contract act, the said suit is maintainable is not acceptable to this court. section 39 of the contract act deals with the question on the effect of refusal of a party to perform promise wholly. section 39 of the ..... refused to perform, or disabled himself from performing, his promise in its entirety, the promisee may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance."22. in order to attract section 39, the plaintiff-respondent must show that after the letter dated .....

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