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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 2006 Page 1 of about 47 results (0.021 seconds)

Apr 05 2006 (HC)

Jaytee Exports Vs. Natvar Parekh Industries Limited and ors.

Court : Kolkata

Decided on : Apr-05-2006

Reported in : (2006)3CALLT346(HC)

..... may undertake a separate liability on a collateral or separate contract. a contract of indemnity is of course a specialized form of such a contract. consideration could if necessary be found by the entry into the main contract with the principal. examples of such contract are found in the case of breach of warranty of ..... supply corporation ltd. v. korea foreign transportation corporation and anr. reported in : air2002cal211 is not applicable as that case factually is based on a contract for carriage of goods entered into by the agent of the principal, and both the principal and agent sued. at the time of the trial ..... effective adjudication of the suit without claiming any relief. similarly, the agent can not enforce on behalf of the principal in relation to the contract entered into on behalf of the principal, who can enforce while doing it can join the agent as party plaintiff in the suit without ..... is guilty of breach of contractual obligation, tort and negligence. in particular, it has been pleaded in paragraph 15(b) that there was a contract or agreement between the plaintiff and defendant no. 1 as will be evidenced, inter alia, from the facts stated hereinbefore and/or from the conduct ..... a whole. it would appear therefrom that the plaintiff has several causes of action in the suit which includes inter alia, misrepresentation, breach of contract of carriage, breach of duty of care owed to the plaintiff, conversion of the goods and negligence. the plaintiff has also pleaded that the .....

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Sep 27 2006 (HC)

Asoke Chowdhury and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Sep-27-2006

Reported in : AIR2007Cal176

..... transport authority, as the case may be, to maintain the colour scheme for different types of passenger transport vehicles including the state carriage and the contract carriage, plying with the permit issued by the respective authorities. such colour scheme, as may be notified, shall be one of the conditions of ..... case pathumma (supra).20. in the angle of the said judgment it appears that there is no reasonable justification to paint all the stage carriage /contract carriage in a particular colour. on the other hand, such restriction would cause a confusion in the mind of the commuters so far as their ..... the right to colour and /or paint his own vehicle, even if the vehicle is allowed to ply under any stage carriage permit and/or contract carriage permit under the authority of the state government is an absolute right within the facet of article 19(1)(g) under part-3 with heading ..... transport authority, as the case may be, to maintain the colour scheme for different types of passenger transport vehicles including the state carriage and the contract carriage, plying with the permit issued by the respective authorities. such colour scheme, as may be notified, shall be one of the conditions of ..... be looked into to test whether the west bengal legislature has the jurisdiction to prescribe particular colour scheme in respect of stage carriage and/or contract carriage as are plying in different routes within the state of west bengal and/ or outside of the west bengal in terms of the permit .....

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Nov 15 2006 (HC)

Paschim Banga Byabsayi Sramik Sanghstha and ors. Vs. the Union of Indi ...

Court : Kolkata

Decided on : Nov-15-2006

Reported in : (2007)3CALLT161(HC)

..... scope of interpretative legislation and as such, clearly impermissible. we have already held above, on consideration of various aspects that it is difficult to accept that parliament intended absorption of contract labour on issue of abolition notification under section 10(1) of the clra act.118. we have quoted the definitions of these terms above and elucidated their import. the. ..... sub-section (1) of section 10. it is a common ground that the consequence of prohibition notification under section 10(1) of the clra act, prohibiting employment of contract labour, is neither spelt out in section 10 nor indicated anywhere in the act. in our view, the following consequences follow on issuing a notification under section 10{1) of ..... advocate for the respondent no. 2, are quoted below:68. we have extracted above section 10 of the clra act which empowers the appropriate government to prohibit employment of contract labour in any process, operation of other work in any establishment, lays down the procedure and specifies the relevant factors which shall be taken into consideration for issuing notification under ..... 2003 issued by the ministry of labour, government of india that the matter along with the report of the regional labour commissioner (central), kolkata was placed before the central advisory contract labour board and it was considered by the board and the board constituted, a committee to study the matter in details. that such committee submitted its, report! the report of .....

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Aug 25 2006 (HC)

Saregama India Ltd. Vs. Suresh Jindal and ors.

Court : Kolkata

Decided on : Aug-25-2006

Reported in : AIR2006Cal340,2007(34)PTC522(Cal)

..... of the agreement. moreover, in clause 3(a)(i), it clearly mentions that the producer has assigned the copyright for making the records of all contracts and also the copyright, performing right and by other right, title and interest to the literary, dramatic and musical works embodied in the producer films ..... should in the normal course be readily accepted. but whether or not there has been an assignment is to be inferred from the terms of the contract.58. in the instant case, however, the clauses are different from the one that was under consideration in the case of gramophone company air 1997 ..... with the prior written consent of the company.7. (a) subject as hereinafter mentioned the producer shall be entitled in respect of all records of contract recordings made available hereunder by the producer and sold by the company or by any individual firm company or corporation or other person authorized by the ..... are not and are not intended to be offered to the public (ii) the producer and the artistes and musicians (as the case may be) contract to make any such sound-track(s) available to or to render such performances for the person or persons who broadcast or produce such sound-track(s ..... this agreement or any extension thereof during a period of twenty-five years from the first day of the month in which any record of the contract recordings is first offered to the public the producer:(a) shall not directly or indirectly supply or make available to any individual firm company corporation .....

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Nov 23 2006 (HC)

Calcutta Municipal Corporation and ors. Vs. Damodar Ropeways and Const ...

Court : Kolkata

Decided on : Nov-23-2006

Reported in : (2007)1CALLT634(HC)

..... discussion, it appears that in no event the service charges could include the occupier's share of taxes, if by reason of a contract included in the rent. similarly, it cannot commercial surcharge, if by reason of a contract, the same is also included in the rent. therefore, while calculating rent including service charges, the assessing authority has to examine and final .....

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Apr 04 2006 (TRI)

Asstt. Commissioner of Income Tax Vs. Bharti Cellular Limited

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Apr-04-2006

Reported in : (2007)105ITD129(Kol.)

..... notified by the board for the purposes of section 44aa. (iii) the expression "securities " shall have the meaning assigned to it, in clause (h) of section 2 of the securities contracts (regulation) act, 1956 (42 of 1956); (iv) where any income is credited to any account, whether called "suspense account" or by any other name, in the books of account of ..... any provision of this agreement or otherwise, any right, power or capacity to act as an agent or commercial representative of bml for any purpose whatsoever. nothing contained in the contract shall be deemed or construed as creating a joint venture relationship or legal partnership etc. between bml and the franchisee.19. however, we are unable to accept the contention of ..... the ratio for the same shall becided by bml from time to time at its sole discretion. 4.14 the franchisee shall, be responsible for collection of all necessary agreement/contract forms and other related forms, and for obtaining the signature of the customers on these forms. the franchisee shall forward all such forms, duly completed in all respects and signed .....

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Sep 15 2006 (TRI)

Dr. Sudarshan Mondal and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Kolkata

Decided on : Sep-15-2006

Reported in : (2007)(2)SLJ48CAT

1. since all these o.as. are similar in nature, they are being taken up together and are being decided by this common order. for the sake of convenience we are taking up o.a. 755/05, the first of all the three o.as., for detailed consideration and reasoning thereof will be applicable to all the three o.as.2. in o.a. 755/05 the applicant dr. sudarshan mondal has filed an application under section 19 of the a.t. act, 1985 claiming the following reliefs: (a) an order holding that the denial of promotion as chief medical officer (non-functional selection grade) and his supersession by his juniors in the matter of such promotion are wholly arbitrary and bad in law. (b) an order directing the respondents to review the dpc relating to promotions to the post of as chief medical officer (non-functional selection grade) made under dynamic assured career progression scheme in the year 2002 as well as in the year 2005 and to consider the case of the applicant for such promotion and to grant all consequential benefits to the applicant after giving such promotion, from the date when his immediate junior in the selection list were promoted i.e. with effect from 5.4.2002. (c) an order directing the respondents to consider the representations of the applicant by a speaking and reasoned order and further directing them not to make any further promotion till the disposal of the representations. (d) an order directing the respondents to produce/cause production of all documents/records relating .....

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Jul 04 2006 (HC)

Saraswat Trading Agency and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Jul-04-2006

Reported in : 2007(2)ARBLR529(Cal),(2007)1CALLT167(HC)

..... of wages. it has been further recorded in the award that in identical cases in respect of other parties, the respondent has incorporated the escalation clause during subsistence of contract by executing a supplementary agreement with retrospective effect. the names of the contractors in whose case such escalation clause has been included have been named in the award itself. ..... the state had accepted its liability and the reference was really in the question of quantification of the liability. the supreme court after taking into consideration the terms of the contract, in particular the arbitration clause, which is somewhat similar to the arbitration clause in the instant case, has come to the conclusion that the 'fair wages' is different ..... been indicated in the award.29.21. in the case of first tarapore (supra), the supreme court has interpreted the expressions 'claim arising out of contract' or 'relating to the contract' or 'concerning the contract' appearing in the arbitration clause. it has been held that such expressions on proper construction would mean that while entertaining or rejecting the claim or the ..... .33. verbal or written under-taking not binding unless embodied in the agreement.-except as hereby otherwise provided, a verbal or written arrangement abandoning, varying or supplementing this contract or any of the terms hereof shall not be binding on the railway administration unless and until the same is endorsed on this agreement or incorporated in a formal instrument .....

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Feb 21 2006 (HC)

Coal India Ltd Vs. Indian Explosive Ltd. and ors.

Court : Kolkata

Decided on : Feb-21-2006

Reported in : 2006(3)CHN433

..... ,8. sri sen and sri mallick firstly took serious objections to the tenability of these writ petitions. according to both the learned senior counsels, present contracts were non-statutory contracts. admittedly, the contracts were already entered into by both the parties and they were being worked also. according to the learned counsel, the exercise on the part of coal ..... with reference to the particular action. it was further held therein that where the state assurnes itself the ordinary role its rights and liability should be tested as an ordinary contracting party.15.1 sri sen also relied heavily on the other cases, namely : air1996sc3515 , state of uttar pradesh v. bridge and roof; : air2006sc198 , orissa agro industries v. bharati ..... individually and all the respondent explosive companies were the successful tenders. negotiations took place in respect of the price offered by these respondent explosive companies and ultimately formal contract was entered into by and between the appellant coal india on one hand and the respondent explosive companies of the other. for the sake of convenience, we shall ..... the respondent explosive companies are impugned. by that order, the learned single judge has issued an injunction restraining the coal india from incorporating a supplementary clause in the principal contract. the following factual matrix would be necessary to appreciate the' controversies and the issues involved.2. appellant coal india limited owns and operates coal mines. all the .....

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Sep 27 2006 (HC)

Bijul Pharma-chem (P) Ltd. Vs. E.R. Squibb and Sons Llc

Court : Kolkata

Decided on : Sep-27-2006

Reported in : 2007(2)CHN713

..... by issuing sixty days notice prior to the expiration of the term. the agreement being found determinable in nature, the other party cannot insist on continuation of the contract.17. in contract between unequals, the courts have deprecated the idea of incorporation of arbitrary and unreasonable clause of termination. a party cannot be made to suffer because of incorporation of ..... with the aspect of long-standing contractual business, mr. mishra has submitted that the petitioner had entered into an agreement with the respondent way back in 1994. the contract was renewed from time to time under the stipulated renewal clause. the business in which the petitioner had invested huge amount of money cannot be scrapped overnight under the ..... and supply of ostomy appliances was made, ignoring the acute demand of various cancer hospitals. appreciating the acute need of supply of ostomy appliances and considering the termination of contract to be highly illegal, the hon'ble court in disposing of earlier revisional application directed continuation of the supply of ostomy appliances. judging the importance of uninterrupted supply of ..... 2004 without assigning any reason whatsoever. it is submitted that the petitioner had placed orders for life saving ostomy appliances worth us dollar 67,640/-. the illegal termination of contract in breach of the clause 20 of the agreement, it is submitted, has caused untold hardship and suffering to cancerous ostomates/patients for non-supply of life saving duty- .....

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