Court : Kolkata
Decided on : Aug-22-2002
Reported in : III(2004)ACC176,2003ACJ1974
..... account of an accident involving the vehicle, the insurer will indemnify the owner. therefore, when the owner dies in the accident involving the motor vehicle, the contract of indemnity will not cover such case as the owner of the offending vehicle is not to pay compensation to any other person. strong reliance was placed on the judgment in the ..... .4. relying on the aforesaid judgments, the learned counsel for the appellant contended that the insurer's liability is on the contract of indemnity entered into between insurer and the owner of the vehicle and the principle behind the contract of indemnity is that where the owner of a motor vehicle is compelled to pay compensation to persons who suffered injury or damage on ..... by policy. judgments cited by the appellant particularly in the cases of siddanna nimbanna jawali, : ilr2001kar1670 ; darshan kaur, and hemlata sahu, : 1999(2)mplj231 , support such view.7. from the contract of insurance the liability for bodily injury of the owner-insured, has not been shown. as the policy is comprehensive only the additional claim can be damage for the property .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-01-2002
Reported in : AIR2003Cal255
..... in order that he may claim reimbursement for any payment he makes under the credit or the indemnity of an agent, the intermediary banker must obey strictly, the instructions he receives, for any acting on them, he accepts them and thus enters ..... the case of federal bank ltd. v. v. m. jog engineering ltd. in its paragraph 60 it has been observed as follows : '60. the contract between the issuing banker and the paying or negotiating (intermediary) banker may partake of a dual nature. the relationship is mainly that of principal and agent mandatory. ..... by him against thatbank, that it will pay his drafts if drawn incompliance with the terms of the letter ofcredit'. banks are not concerned with thesales contract or the goods; if it were otherwise credit business would be impossible.'25. in the case of u. p. co-operative federation ltd. v. singh ..... (s) or advises such banks that it has paid, incurred a deferred payment undertaking, 'accepted draft(s) or negotiated under reserve or against an indemnity in respect of such discrepancy(ies), the issuing bank and/or confirming bank, if any, shall not be thereby relieved from any of their obligations under ..... further that any act of the agent lawfully done on behalf of the principal, the principal is bound under the provisions of section 226 of the contract act to reimburse the plaintiff. 20. i am not in agreement with the contention of mr. chatterjee that the defendant no. 3 has merely .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-13-2002
Reported in : 2005(2)CHN207
..... paragraph 992.] in india section 42 of the specific relief act, 1963 prescribes that notwithstanding anything contained in clause (e) of section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstance ..... is equitable and thus in principle a discretionary one and a defendant cannot resist an injunction simply on the ground that observance of the contract is burdensome to him and its breach would cause little or no prejudice to the plaintiff and that breach of an express negative stipulation ..... while considering the language of section 56(i) to compare it with the language of section 21(a) of the act which provides that a contract for the non-performance of which compensation in money is an adequate relief cannot be specifically enforced. a comparison of the language of the two ..... the performance of the negative covenant. this is clearly the right of the petitioner at law. therefore, in a case where there is a contract containing restrictive covenants, the court shall restrain the breach of the restrictive covenants. this proposition of law is rather well-settled.70. in the ..... covenant in the lease deed. they are not seeking an eviction of the lessee. under section 42 of sra it is provided where a contract comprises an affirmative covenant coupled with a negative covenant, the fact that the court cannot enforce the affirmative covenant shall not preclude the court from .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-29-2002
Reported in : 108CompCas811(Cal)
..... body ofthe recognised stock exchange and section 12 authorises the central government to suspend the business of the recognised stock exchange. the central government has the power to prohibit the contracts in some cases. from a perusal of the aforesaid provisions of the scra, this court is of the view that there is a deep and pervasive governmental control on the ..... international standard of the securities market. this court also finds that the stock exchanges are governed by the two acts. the order of the said two acts is the securities contracts (regulation) act (scra). the long title makes it clear that the same has been enacted to prevent undesirable transactions in securities by regulating the business dealings therein and by providing ..... by way of non-traverse. in paragraph 12 of the said writ petition, there is an averment to the effect that the stock exchanges are bodies created under the securities contracts (regulation) act, 1956, and are public bodies discharging public functions. in paragraph 54, it has also been stated that those exchanges are statutory bodies discharging public functions and are required ..... the case that the petitioner in that case was a member of the bangalore stock exchange and one gopal krishnan lodged a complaint that the petitioner has fraudulently prepared a contract in collusion with one ramchandran and collected some amount directly from one c.r. thimia and some amount from the default committee. therefore, the matter was being heard by the .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-27-2002
Reported in : AIR2003Cal263,(2003)2CALLT322(HC)
..... . in ks. vidyanandam and ors. v. vairavan, : air1997sc1751 , the apex court, in the given circumstances where the period of 6 (six) months was specified for the performance of the contract, observed that it has been consistently held by the courts in india following certain early english decisions that in the case of agreement of sale relating to immovable property time ..... pendence whatsoever but subject to as aforesaid, viz. the mortgage and the pendency of the suit etc. mentioned in the agreement. thus, one of the essential terms of the contract, according to the true construction of the agreement, is that the plaintiff had agreed to purchase the property free from all encumbrances other than the encumbrance mentioned in the agreement ..... plaintiff ready and willing?:13. in this background, now we are to examine whether the plaintiffwas ready and willing and was always ready and willing to perform essentialpart of the contract according to its true construction to be performed byhim. essential terms are those which are absolutely vital to the bargain, aviolation whereof will alter the mutual relationship of the ..... of these documents could have any bearing either with regard to the readiness and willingness of the plaintiff or with regard to the question that time was essence of the contract or otherwise. therefore, the application for additional evidence should be dismissed with costs.facts:7. before we address ourselves on the respective questions raised by the learned counsel for .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-07-2002
Reported in : (2002)3CALLT114(HC)
..... port. therefore, the demurrage is awarded to penalise the charterer for undue detention of the ship at the port. the learned counsel also submitted that section 74 of the contract act has been enacted to eliminate the elaborate rules of the english laws and the said section distinguishes between stipulation providing for payment of liquidated damages and penalty. but, in ..... special attention'. scott lj in beaumont-thomas v. blue star line ltd. referred to the same habit but less kindly as 'the common and pernicious practice of cramming a contract with particular illustrations of some general stipulation, which in a legal sense are wholly unnecessary, and just because they are unnecessary often afford a pretext for limiting general words in ..... which the said firm was appointed the organizing agents for its lotteries subject to the terms and conditions contained in the agreement. thereafter, disputes arose about the term of the contract leading to its termination and sikkim subba seeking recourse to arbitration proceeding. against an order of appointment of the arbitrator dated 24.10.1992 by the district judge. gangtok, the ..... 's argument that no demurrage can be allowed without proof of actual damage, the learned counsel submitted that the joint arbitrators, in this regard, on an interpretation of the contract between the parties have come to a correct view before awarding damages. various decisions on this question have been cited by both the parties which the court will have occasion .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-11-2002
Reported in : AIR2003Cal105
..... departed from the english view in (1866) 2 cp 174 and 1904 ac 120. these sections in the specific relief act are concerned with executory contracts and cannot possibly be applied to conveyances of immovable properties in favour of promoters of a company under incorporation.''that section says that a transfer of ..... j. one of the learned judges who decided that case observed at page 184 -- 'i apprehend the company could only become liable, upon a new contract. it would require the assent of the plaintiff to discharge the defendants. could the company become liable by a mere ratification? clearly not. ratification can only ..... time, of the business, for the carrying on of which the company is formed. he makes purchase of movable and immovable assets, enters into contracts involving rights and obligations and applies to authorities for a variety of things, all on behalf of the company to be formed'. as to the exact ..... ltd. and ultimately, its promoters shri murari ganguly and shri pashupati ghosh constituted a partnership firm under the same name, and, as such, the contract is a valid one,21-22. now on the question as to whether the deed dated 10-6-1974 executed by the successor-in-interest of ..... neither take possession of the leasehold property nor could it enter into any agreement with the said jugal kishore ghosh or perform any part of any contract as envisaged by the said unilateral document or otherwise.(e) in the facts hereinafter the said nonexistent company would not and in fact did not .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-25-2002
Reported in : (2002)2CALLT367(HC),2002(4)CHN49
..... -emption clause in the deed of partition. therefore, it cannot be said that the first appellate court committed any error in granting the discretionary relief of the specific performance of contract in respect of the right of pre-emption as contained in the deed of partition.29. in view of the above i find that the present appeal is not sustainable ..... came into force during the pendency of the second appeal now before this court does not authorise the tribunal to entertain the suit before this court, for specific performance of contract to enforce the pre-emption clause in the deed of partition only because the suit property is a thika tenancy holding as explained in paragraphs 12, 13 & 14 above.19 ..... suit no. 98 of 1974. the suit is one for declaration of the plaintiff's right of pre-emption in respect of the suit property and for specific performance of contract.2. the plaint case is that one ramcharit shaw who owned premises nos. 7/4, 7/5 and part of 9, munsigaunge road, p.s.-- watgaunge, died in the year ..... that pre-emption clauses in an award of partition was binding on assignees and successors-in-interest of the original contracting parties. in the present case also the plaintiff seeks to establish his right of pre-emption by virtue of the contract amongst the parties to the deed of partition.28. the contention of mr. bhuiya that the court below erred in .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-17-2002
Reported in : (2002)3CALLT601(HC),2003(86)ECC182,2002(145)ELT6(Cal)
..... are concerned for the period upto adjudication process, the petitioner can have no cause of action either on the ground of trespass to goods or under section 69 of the contract act.29. the next question that would arise for consideration is whether such liability of the importer/consignee would be indefinite in duration i.e. to say beyond the adjudication ..... resembling those created by contract. it is not a real contract, but one implied in law or a quasi contract. under section 69 of the contract act if a pays b a sum of money for which c is liable to pay b, then a is entitled ..... position if the petitioner were to found the cause of action for the relief as prayed for under section 69 of the contract act. chapter 5 of the indian contract act is styled thus: 'of certain relations resembling those created by contract'. the chapter contains five sections-sections 68 to 72. the rights and liabilities dealt with in those sections accrue from relations .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-18-2002
Reported in : (2002)3CALLT579(HC)
..... appearing for the plaintiff, a notice to quit by the tenant itself determines the tenancy. unilateral action of the tenant cannot be said to be a contract. a contract is an outcome of bilateral transaction. either in the west bengal premises tenancy act, 1956 or in the transfer of property act, difference between a ..... defendant/s.16. in this context i have gone through the respective article of the constitution of india. article 299 is as follows:-'299. contracts:--(1) all contracts made in the exercise of the executive power of the union or of a state shall be expressed to be made by president, or by ..... contractual period of lease or tenancy. if it is so, such arrears of rent cannot be an outcome of monetary claim simpliciter arising out of a contract. hence, article 52 has no manner of application in respect of such claim. the order which has been passed by allowing the amendment already considered ..... than the lease agreement on behalf of the president of india. therefore, article 299 has no manner of application beyond the period of the expressed contract. at best, a question may raise by the defendant/s about conduct of business of the government of india by the appropriate officers of the ..... of this case.22. he also cited another judgment being : air1964all128 (thakur dan singh bisht v. state of uttar pradesh) to show that a contract cannot be culled out from the correspondence but it requires execution of formal document.23. if i peruse article 77 of the constitution of india i shall .....Tag this Judgment!