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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 2005 Page 1 of about 46 results (0.019 seconds)

Mar 28 2005 (HC)

Sri. Gobinda Ghosh and ors. Vs. Biswanath Ghosh and ors.

Court : Kolkata

Decided on : Mar-28-2005

Reported in : AIR2005Cal359

..... deemed to constitute an unfair advantage within the meaning of clause (a) or hardship within the meaning of clause (b).explanation 2.-- the question whether the performance of a contract would involve hardship on the defendant within the meaning of clause (b) shall, except in cases where the hardship has resulted from any act of the plaintiff subsequent to the ..... the defendant or to deposit in court any money except when so directed by the court;(ii) the plaintiff must aver performance of, or readiness and willingness to perform, the contract according to its true construction.' section 20 discretion as to decreeing specific performance.-- (1) the jurisdiction to decree specific performance is discretionary, and the court is not bound to ..... 17. the learned counsel for the respondents mr. das further submitted that the plaintiffs in the amendment application pleaded that they are ready and willing to perform their part of contract and as such both the courts below rightly decreed the suit and mr. das vehemently opposed the submission of mr. roychowdhury that the entire cause of action has been ..... formulates the following questions as substantial question of law :--substantial questions of law :--(1) whether the learned courts below erred in law in granting a decree for specific performance of contract notwithstanding the fact that the necessary averment as required by the provisions of the specific relief act. were absent in the plaint.(2) whether from the materials on records both .....

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Aug 17 2005 (HC)

Madhab Saha and ors. Vs. State and ors.

Court : Kolkata

Decided on : Aug-17-2005

Reported in : 2006(1)CHN59

..... this argument. section 110 of the act, it is true, saves rule making power for adopting pollution control measures for the central government. but regulating the granting of stage or contract carriage permits is solely within the domain of the state government, as per the scheme of chapter v of the act. the transport authority has been given substantial discretionary power ..... to impose condition at the entry-level and subsequently on applicants for stage and contract carriage permits. this authority is derived from the overall scheme of the act under chapter v and in particular sections 72(2)(xxiv) and 74(2)(xiii) of the act ..... subhash chandra and ors. v. state of uttar pradesh and ors. air 1980 sc 800, is an authority for this proposition. in that case, imposition of age ceiling on a contract carriage permit under section 51(2)(x) of the motor vehicles act, 1939, which is akin to section 74(2)(xiii) of the act was held to be valid as .....

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Feb 08 2005 (TRI)

Peerless Securities Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Feb-08-2005

Reported in : (2005)94ITD89(Kol.)

..... . you will abide by such code of conduct and non compliance of the same may result in review of your dealership. 7. you will be required to comply with securities contracts (regulations) act & rules & multiple membership rules. in addition you will also be required to comply with the guidelines/enactments, notification issued/modified by sebi and ministry of finance from time ..... , the assessee, during the assessment year in question, had to make all preparations and had also to provide on the spot the necessary infrastructure. even conceding that entering into advance contracts with fishermen for collection of fish during the monsoon season may not be taken as a first step towards setting up of business, at least from 15th aug., 1970, when ..... "enduring or abiding benefit" is not a static expression. an asset or advantage may endure for the duration of the business of the assessee or for the duration of a contract. the question whether the advantage was of an enduring or transient nature has to be decided on considering the nature of the asset or advantage in the context of the ..... business, or for a substantial replacement of equipment; vide lord sands in irc v. granite city steamship co. (1927) 13 tax cases 1 at p. 14. in city of london contract corporation v. styles (1887) 2 tax cases 239 at p. 243; bowen, l.j., observed as to the capital expenditure as follows : 'you do not use it 'for the purpose .....

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Feb 08 2005 (TRI)

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

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Feb-08-2005

Reported in : (2005)60SCL59NULL

..... . you will abide by such code of conduct and non-compliance of the same may result in review of your dealership. 7. you will be required to comply with securities contracts (regulations) act & rules & multiple membership rules. in addition you will also be required to comply with the guidelines/enactments, notification issued/modified by sebi & ministry of finance from time to ..... , the assessee, during the assessment year in question, had to make all preparations and had also to provide on the spot the necessary infrastructure. even conceding that entering into advance contracts with fishermen for collection of fish during the monsoon season may not be taken as a first step towards setting up of business, at least from august 15, 1970, when ..... "enduring or abiding benefit" is not a static expression. an asset or advantage may endure for the duration of the business of the assessee or for the duration of a contract. the question whether the advantage was of an enduring or transient nature has to be decided on considering the nature of the asset or advantage in the context of the ..... for a substantial replacement of equipment; vide lord sandsin commissioners of inland revenue v. granite city steamship company [1927] 13 tax cas. 1 at page 14. in city of london contract corporation v. styles [1887] 2 tax cas. 239 at p. 243; bowen, l.j. observed as to the capital expenditure as follows: "you do not use it 'for the purpose .....

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Feb 18 2005 (TRI)

Gentex Merchants Pvt. Ltd. Vs. Dy. Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Feb-18-2005

Reported in : (2005)94ITD211(Kol.)

..... case of raymond ltd. the payment was effected by the assessee to a company, resident of u.k. the nature of activities contemplated in the contract between the indian company and the u.k.company were totally different as the question was whether the amount so paid were fees for technical services in ..... plan. even where the technical design or plan is transferred for the purpose of mere use of such design or plan by the person of other contracting state and for which payment is to be made.article 12(4)(b) will be attracted the facts on record clearly indicate that under the ..... the moment a person resident of one state makes available technical knowledge, experience or transfers a technical plan or technical design to the person of other contracting state. from the agreement between the assessee and the american company it is apparent that the later was to deliver the technical drawings and designs to ..... a whole, we note that various phases contemplated in the agreement were composite and cumulative. every phase was related to each other and the contract was a single composite contract and the american company was to undertake the work on cumulative basis for which composite non-divisible fee was to be paid. it is ..... argued that as per article 12(4) of the agreement the country of source had right to tax the fees paid to the person resident of other contracting state @15%. he, therefore, urged that no interference is called for in the order of the cit(a).6. we have heard the arguments on .....

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Sep 22 2005 (HC)

Sujato Bhadra Vs. State of West Bengal

Court : Kolkata

Decided on : Sep-22-2005

Reported in : 2005(4)CHN601,2005CriLJ368

dilip kumar seth, j. 1. i have the privilege of going through the judgment prepared by his lordship the hon'ble alok kumar basu, j. i fully concur with the view and the reasoning given therein. however, i would like to add a few words of mine in support of the judgment prepared by his lordship.2. before we embark upon deciding the question whether the book 'dwikhandita' written by taslima nasreen of bangladesh could be proscribed in india, we may note some of the relevant facts, which require attention for the purpose of answering the question. these are: (1) that the book 'dwikhandita' is the third volume of the autobiographical trilogy of the author; (2) that she, herself a woman, had written the alleged offending part in the context of the status of women in the society in bangladesh emanating from adoption of islam as a state religion; (3) that she was expressing her own view and political thoughts/philosophy in relation to the constitution of bangladesh of which secularism was one of its salient features since deviated from, subsequently, by the state by adoption of islam as a state religion doing away with the secularism to suit the particular purpose of the particular ruler; (4) that the author has been in exile from her own motherland for some other earlier writings that she understood to be the result of religious fundamentalism against which she was unable to obtain any protection from the state machinery in her own motherland; (5) that she was attempting to expose .....

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Jul 11 2005 (HC)

Rabindra Kumar Paul Vs. Satyendra Kumar Mookherjee

Court : Kolkata

Decided on : Jul-11-2005

Reported in : 2005(3)CHN486,2005(2)CTLJ499(Cal)

..... not show his willingness. mr. dasgupta, therefore, prays for setting aside the judgment and decree passed by the learned trial judge and granting a decree for specific performance of the contract.11. the aforesaid contentions of mr. dasgupta are seriously disputed by mr. banerjee, the learned senior advocate appearing on behalf of the defendant. mr. banerjee points out that although ..... the limitation act the period of limitation of filing the present suit started only when the defendant returned the earnest money manifesting his intention to refuse performance his part of contract. according to mr. dasgupta, the defendant by returning the earnest money expressed his intention of refusal only few months prior to institution of the suit and therefore, the suit ..... to take back the earnest money. all these happened in the presence of plaintiff and the plaintiff was aware of impossibility of performance of the defendant's part of the contract by giving vacant possession although effective steps were taken by defendant.(6) it was denied that plaintiff on 14th september, 1988 sent another letter with draft conveyance for getting ..... expressed his inability within the stipulated time of four months to complete the transaction by paying the balance amount of consideration money.(3) time was the essence of the contract but the plaintiff within the stipulated time did not express his desire to comply with the terms of the agreement either in writing or paying the balance amount whereas the .....

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May 13 2005 (HC)

Electro Zavod (India) Pvt. Ltd. and ors. Vs. Commissioner of Income-ta ...

Court : Kolkata

Decided on : May-13-2005

Reported in : (2005)199CTR(Cal)612,[2005]278ITR187(Cal)

..... that section 53a debars a transferor from exercising the rights of an owner after he has received full consideration and handed over possession under the contract. the transferor in a case where he has executed the document and received consideration and even handed over possession of the property, cannot exercise ..... others as follows :' (iiia) a person who is allowed to take or retain possession of any building or part thereof in part performance of a contract of the nature referred to in section 53a of the transfer of property act, 1882 (4 of 1882), shall be deemed to be the owner ..... provides as follows :'(v) any transaction involving the allowing of the possession of any immovable property to be taken or retained in part performance of a contract of the nature referred to in section 53a of the transfer of property act, 1882 (4 of 1882). .'22. this definition has been incorporated ..... court in a wealth-tax case it was held if there is no registered conveyance in favour of a person pursuant to a partly performed contract he was not the owner. therefore the legal finding of the commissioner basing on the above decision of the supreme court, that the petitioner ..... a suit being numbered 94 of 1997 in the court of the learned 9th district civil judge, senior division, alipore, for specific performance of the contract, confirmation of possession, decree for costs of unfinished works and for perpetual injunction. the petitioner after service by advertising in the newspaper finished the entire .....

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Mar 17 2005 (HC)

international General Electric (India) Limited Vs. Haradhan Sasmal

Court : Kolkata

Decided on : Mar-17-2005

Reported in : AIR2005Cal308,2005(2)CHN400

..... find that the learned trial judge in the facts of the present case rightly came to the conclusion that the plaintiff performed his part of contract but it is the defendant who backed out by raising sham disputes and deliberately did not accept the finished materials as the orissa state electricity ..... might be used. ultimately, the appellant sent the approved drawing on 17th august, 1990 as it appears from ext - 26 and thus, according to the contract, the delivery of the articles were required to be made within february 18, 1991. it appears from ext. a-5, the letter written by the ..... the type-test report or gave performance guarantee, the learned trial judge ought to have held that the plaintiff failed to prove his part of contract agreed and therefore, was not entitled to get the relief.12. the aforesaid contentions of mr. mitra are seriously disputed by mr. chakraborty, ..... the endurance test as required by orissa state electricity board could not be undertaken, as a result of which orissa state electricity board terminated the contract finally by its letter dated 25th april, 1992 for which the defendant had to sustain substantial loss for the fault of the plaintiff.5. ..... additional equipments and accessories which were lying ready for inspection and despatch.(m) sometime before september, 1992, the plaintiff came to know that the contract between the orissa state electricity board and the defendant had been terminated or cancelled by reason of the defendant's laches and then, the .....

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Nov 22 2005 (HC)

The Hongkong and Shanghai Banking Corporation Ltd. Vs. the Central Gov ...

Court : Kolkata

Decided on : Nov-22-2005

Reported in : (2006)1CALLT1(HC),2006(4)CHN146,[2006(109)FLR496],(2006)IILLJ628Cal

..... reveal that the respondent was in the supervisory-cum-administrative-cum-managerial cadre. thus, the finding of the tribunal that the respondent was directed as per nature of the contract of employment to work under the manager and performed his duties in accordance with the orders and directions of the manager is perverse since it is not supported by evidence ..... ' 'no where from the same it will appear that he was ever directed to discharge any duties of managerial nature. rather, he was directed as per nature of the contract of employment to work under the manager and perform his duties in accordance with the orders and directions of the manager. it is not the case of either of the ..... obey the reasonable orders or instructions of him.staff officersterms of service of staff officers agreementthe bank's standard agreement executed by the staff officer will constitute the basic legal contract of employment between the bank and the staff officer.rules and regulationspursuant to the agreement and in amplification of certain terms thereof, the undermentioned service rules presently in force are ..... left with no other alternative and by a letter dated 1st december, 1984 had to determine, with immediate effect the contract of employment as per clause 9 of the contract of employment dated 16th june, 1978. according to the appellant, the contract was determined after affording adequate and reasonable opportunity. the said respondent raised a dispute with the labour department, government of .....

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