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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 2003 Page 1 of about 49 results (0.032 seconds)

Apr 04 2003 (HC)

Rahee Industries Ltd. Vs. the Hong Kong and Shanghai Banking Corporati ...

Court : Kolkata

Decided on : Apr-04-2003

Reported in : (2004)1CALLT280(HC)

..... cannot be said to be in respect of the loss under the policy and the contract between the plaintiff and defendant no. 2 ecgc is a contract of insurance which is essentially a contract of indemnity but not full indemnity. it is further contended by mr. mitra that in the event the insurer does ..... s bench division bench 330 in support of his contention that the insurer cannot retain the amount in excess of what it has paid by way of indemnity.30. mr. supriya bose the learned advocate for defendant no. 1 hong kong & shanghai banking corporation ltd. has contended, on the other hand, ..... assignment in the instant case and without being subrogated the insurer cannot claim to retain the amount in excess of what it has paid by way of indemnity. reliance has been placed by mr. mitra on the ratio of the decision in the case of yorkshire insurance co. ltd. v. nisbet shipping ..... of the original plaintiff ultimately vested in the present plaintiff.16. the admitted facts emerging from the materials on record are as follows. pursuant to the contract dated october 8, 1985 which is marked as exhibit 'b' the original plaintiff sold, supplied and exported 20 lacs of clip bolts to the egyptian ..... not indemnity completely but only partially, the insurer has no right of subrogation at all. he has further .....

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Jul 04 2003 (HC)

Bharat Carbon and Ribbon Manufacturing Co. Ltd. Vs. Sant Nirankari Mon ...

Court : Kolkata

Decided on : Jul-04-2003

Reported in : (2004)1CALLT117(HC),2004(2)CHN357

..... of the said agreement as also because of wrongful instance by the plaintiff for execution of the said three other documents being the letter of undertaking, power of attorney and indemnity bond.15. in paragraph 11 of the written statement the defendants craved reference to its letters dated 10th august, 1982, 7th october, 1982, 8th october, 1982 and 22nd november, ..... plaintiff was ready and willing to perform their obligation. in cross-examination the witness consistently deposed that the plaintiff was still ready and willing to perform their obligation under the contract.18. on behalf of the defendant one samir chakraborty, one clerk of the concerned advocate acting on behalf of the appellant adduced evidence. mr. chakraborty deposed in examination-in- ..... conduct of the parties. the evidence adduced on behalf of the plaintiff, according to the court below, was sufficient proof of readiness and willingness of the plaintiff to perform the contract. the suit was therefore decreed accordingly.20. from the judgment and decree dated 31st august 1987 an appeal was preferred on 21st november 1987 wherein this court granted stay of ..... & steel re-rolling mills) . this judgment has no relevance on the subject.(ii) : air1997sc1751 (k.s. vidyanadam and ors. v. vairavan) : when the time was not the essence of contract the suit for specific performance could be filed within three years. even then the apex court held that while exercising discretion the court should look into whether such suit was .....

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Jan 14 2003 (TRI)

Peerless Hotels Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Jan-14-2003

Reported in : (2004)84TTJ(Kol.)504

..... under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract. it was submitted that provisions of section 53a of the transfer of property act are not applicable. it was furthermore submitted that delhi high court in the case of cit ..... to above. our attention was drawn to pp. 436-437 of mulla's the transfer of property act, 1882, ninth edition which reads as under : "section 53a : where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable ..... acquiring flats particularly in multistoreyed construction in big cities. the definition also does not cover cases where possession is allowed to be taken or retained in past performance of a contract of the nature referred to in section 53a of the transfer of property act, 1882. new sub-sections (v) and (vi) have been inserted in section 2(47) to prevent ..... certainty, and the transfer has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the .....

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Jan 14 2003 (TRI)

Peerless Hotels Ltd. Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Jan-14-2003

Reported in : (2004)88ITD363Cal

..... under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract. it was submitted that provisions of section 53a of the transfer of property act are not applicable. it was furthermore submitted that delhi high court in the case of cit ..... to above. our attention was drawn to pages 436-437 of mulla's the transfer of property act, 1882, ninth edition which reads as under: "section 53a : where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the .transfer can be ascertained with reasonable ..... acquiring flats particularly in multistoried construction in big cities. the definition also does not cover cases where possession is allowed to be taken or retained in past performance of a contract of the nature referred to in section 53a of the transfer of property act, 1882. new sub-sections (v) and (vi) have been inserted in section 2(47) to prevent ..... certainty, and the transfer has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the .....

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Mar 25 2003 (TRI)

itc Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Mar-25-2003

Reported in : (2003)86ITD135(Kol.)

this is assessee's appeal against the order, dt. 27th march, 1998, of cit(a)-xv, kolkata, for the asst. yr. 1994-95. the revised grounds of appeal have been tiled by the assessee.the ground taken by the assessee is that on the facts and in the circumstances of the case, the learned cit(a) erred in confirming the action of the ao in rejecting the appellant's claim for being allowed deduction under section 36(1)(iii) of it act, 1961, while computing the income chargeable under the head "profits and gains of business or profession for the relevant assessment year, for interest paid by the appellant during the relevant previous year amounting to rs. 8,25,01,104 on loans taken to acquire fixed assets for its existing business operations, where the said sum of interest, being related to the period prior to the putting into use of the said fixed assets, had been capitalised in the books of account of the appellant prepared for the relevant previous year.1. this sum of rs. 8,25,01,104 represents interest on loan taken from financial institutions and banks and capitalized during the relevant accounting year. this amount of interest is capitalized to plant and machinery and capital work-in-progress in respect of triveni tissues divisions and paper packaging and printing divisions of the assessee's company. for the income-tax purpose, the assessee has claimed deduction of rs. 8,25,01,104 a portion of expenditure of rs. 16,13,52,102 not debited to p&l a/c but claimed as allowable under .....

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Dec 23 2003 (HC)

Gimpex Overseas Pvt. Ltd. Vs. J and C Packaging Pvt. Ltd. and ors.

Court : Kolkata

Decided on : Dec-23-2003

Reported in : 2005(2)CHN40

..... the letter of credit.5. on october 17th, 2003 the plaintiff sent a letter dated october 16th, 2003 to defendant no. 1 alleging breach of terms and conditions of the contract, and perpetration of fraud. the particulars of breach and fraud enumerated in this letter are reproduced below:'a) you did not allow the inspecting agency appointed by us to carry ..... the lc or negotiate the documents to receive payment from third parties whereby we and the federal bank will be compelled to pay such money.n) you entered into a contract without any intention to perform it and your entire act was designed to deceive us by taking advantage of the fact that you being situated in a different country where ..... supply of the goods, and the dispute, if any, is only regarding their quality or quantity; and hence, at best, it can be regarded as a case of breach of contract, if the statements in the pleading are taken at their face value and accepted as true and correct, but it cannot be considered a case of fraud. it is his ..... . on a close examination of the facts, i am of the view that the case made out by the plaintiff can at best be regarded as one of breach of contract, and not one of perpetration of fraud by defendant no. 1. this being the position i am of the view that the plaintiff is not entitled to any injunction to .....

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Sep 11 2003 (HC)

Bijoy Kumar Chatterjee Vs. Minor Pradip Kumar Dutta and ors.

Court : Kolkata

Decided on : Sep-11-2003

Reported in : 2004(1)CHN243

..... performance in favour of the plaintiffs respondents can be exercised. accordingly we hold that the learned trial court is not at all justified in granting decree for specific performance of contract in favour of the plaintiffs respondents.32. the suspicious circumstances surrounding execution of the agreement (ext. 1) as pointed out hereinabove, the factum of delivery of the ..... 20(2) of the specific relief act, 1963 specifics certain circumstances where the court may properly exercise discretion not to decree specific performance. if under the terms of the contract the plaintiff gets an unfair advantage over the defendant, the court may not exercise its discretion in favour of the plaintiff. specific relief may not be granted where the ..... owner amarnath chatterjee without practising any fraud or exercising any misrepresentation upon him. in view of such findings the learned trial court has granted decree for specific performance of contract in favour of the plaintiffs.12. mr. bhaskar ghosh the learned advocate for appellant has contended that the learned trial judge has not applied proper legal tests in adjudicating ..... of execution of the alleged agreement. the plaintiffs owned and possessed extensive house properties and other properties in the district of burdwan. the plaintiff will not lose if the contract is not performed. this defendant is agreeable to refund the alleged earnest money together with interest.5. the learned trial court on consideration of the materials on record .....

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Apr 24 2003 (HC)

Union of India (Uoi) Vs. Pawandas (Pawan Kumar) Pvt. Ltd. and Five ors ...

Court : Kolkata

Decided on : Apr-24-2003

Reported in : (2003)3CALLT342(HC)

..... valid. section 11 provides for appointment of arbitrator through intervention of court in case parties did not appoint arbitrator in accordance with the procedure laid down under the contract. since the contract provided for a stipulated period any application made before expiry of the said period is premature and is liable to be dismissed. in case of dater switch gear ..... bills towards oversize 45,095.008.wrongful deduction ofpenalty (after 3rd quarter) towards supply of hand made ballas and - machinemade ballast 1.97,997.009.shortfall in operationof contract 3,76,997.0010.wrongful demurragechargesnil 11.interest on delay inpayment as accrued 60,939.0012.final billno claim 13.release of bankguarantee refund of security depositnot pressed 14.interest ..... .003.wrongful/deduction ofpenalty (at the end of 1' quarter) or alleged no-adherence of quarterlyquotas 23,009.004.wrongful deduction ofincome tax at 2% and surcharge beyond contract provisionnot pressed 5.interest on wrongfuldeduction of income tax calculated at 31.03.1996 and thereafter at the rateof ........ per daynot pressed 6.payment of damages onaccount of increased ..... i) disputes relating to excepted matters. (ii) disputes relating to claim which are not admissible in any circumstance. (iii) other disputes. 6. as per the general conditions of contract on excepted matters the decision of the railway is final and binding upon the contractor. on the second category no claim is entertainable under this category where there has been .....

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May 15 2003 (HC)

Union of India (Uoi) Vs. Pioneer Construction

Court : Kolkata

Decided on : May-15-2003

Reported in : 2004(1)ARBLR199(Cal)

..... days of the receipt of this letter.(7) you are also requested to please obtain a valid licence under the labour (r&a;) act, 1970 and the contract labour (regulation and abolition) central rules, 1971 before the commencement of the work and continue to have a valid licence till the completion of the work.....................................................................................................................................................................................'2. ..... petitioner accordingly referred the matter to the sole arbitrator, shri a.k. bhatnagar.3. before the arbitrator, the petitioner contended that since agreement was not signed contract was not concluded between the parties and as such there could not have been any dispute which could be referred to arbitration. the arbitrator relying on a decision ..... urged before me by the respondentmr. hiranmoy dutta, learned counsel for the respondent, submitted that by the letter of acceptance of tender there had been a concluded contract between the parties. mr. dutta further submitted that clause 5 of the memo of acceptance of tender could not be said to be condition precedent. mr. dutta ..... the petitioner by issuance of the letter of acceptance of tender. in normal circumstances on the issuance of the said letter of acceptances of the tender the contract could have been concluded. however, in the instant case it was specifically provided in the said letter of acceptance that a formal agreement was to be entered .....

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May 23 2003 (HC)

C.E.S.C. Ltd. and ors. Vs. Madho Prosad Mahabir Prosad Supplies (P) Lt ...

Court : Kolkata

Decided on : May-23-2003

Reported in : (2004)1CALLT87(HC)

..... , was issued by the c.e.s.c. to them after filing of the writ petition and this was done to justify its illegal demand; and (c) there was no contract between the parties. by a supplementary affidavit dated 20th june 1996 they produced the bills raised by the c.e.s.c. after the supply was re-connected in terms ..... unmetered consumption of energy; (f) for theft of energy by the writ-petitioners it had the power and right, in terms of provisions of law and the contract between the parties, to rescind the contract and cut off the supply without serving any prior notice; and (g) the writ petition was liable to be dismissed, as the issue raised thereby involved seriously ..... thereto: (b) the c.e.s.c. supplied energy to the writ petitioners in terms of a contract, and on breach of terms of such contract by them, by committing theft of energy, the c.e.s.c. was entitled and empowered to terminate the contract and cut off the supply without serving any prior notice; (c) for failure, if any, of the .....

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