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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 2007 Page 1 of about 44 results (0.019 seconds)

Jul 30 2007 (HC)

Coal India Ltd. Vs. Bharat Explosives Ltd. and ors.

Court : Kolkata

Decided on : Jul-30-2007

Reported in : 2007(4)CHN738

..... the case of mula sahakari sakhar (supra) the court construed the 'document itself and came to the conclusion that the document in question constitutes a contract of indemnity and not an absolute or unconditional bank guarantee and on such finding the appeal was allowed.23. in the case of larsen & toubro ltd. ..... submitted that the appellant/petitioner, the cil fraudulently concealed the fact that the cil intended to change the terms and conditions of the said contract for the year 2006-07 and falsely induced the respondent to agree with the supply for the extended period commencing from 1st march,19. mr ..... caused charges and charges/expenses caused to or suffered by or that that may be caused. therefore, it can be stated to be a contract of indemnifying the claim of the appellant.mr. chatterjee further vehemently submitted that the action on the part of the appellant/petitioner is nothing ..... suffered by purchaser by reason of breach or breaches by the said suppliers or any of the terms and conditions contained in the said contract and unconditionally to pay the amount claimed by the purchaser on demand without demur to the extent aforesaid.he further submitted that it has ..... for such supply, respondent no. 1 and its subsidiaries issued notices inviting tender from its approved suppliers. the respondent/plaintiff was awarded a running contract for the period from march, 2004 to 25th february, 2005 by the appellant/petitioner for supply of bulk explosives to the subsidiaries of the respondent .....

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Mar 19 2007 (TRI)

Usha Ranjan Sarkar Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Mar-19-2007

Reported in : (2007)109TTJ(Kol.)673

..... back. for alipurduar project, the rate was below the priced schedule of the department and payment term was back-to-back. the assessee undertook government contracts through mbl. the assessee submitted estimate of work done through ra bill, subject to approval and finalization by the principal. we find that the ..... book containing 71 pages. it is an admitted position that the assessee follows mercantile system of accounting. there is also no dispute about sub-contract offered to the assessee by mbl for performing government projects on the terms and conditions applicable to the said contractor company.during the accounting year ..... . in that view of the matter, it is obvious that as and when the appellant crystallizes the accrued income by raising bills against these sub-contracts, the appellant is legally entitled to receive the accrued income as per the bills, subject to certain documents, if any, out of the gross ..... government department, income will at first accrue in the hand of mbl and it will be liable to be assessed at first on the total contract receipt as it receives entire bill amounts from the government department, whereas as per agreement, the mbl receives only the agreed percentages on account of ..... to the assessee on back-to-back with the corresponding payment to mbl by its client, i.e. government of west bengal. with regard to alipurduar contract, vide agreement dt. 8th march, 2002, the assessee was awarded with the said work by mbl @ 7.50 per cent below the priced schedule .....

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Oct 15 2007 (HC)

Nicco Corporation Ltd. Vs. Cable Corporation of India Limited and ors.

Court : Kolkata

Decided on : Oct-15-2007

Reported in : 2008(1)CHN567,2008(2)CTLJ321(Cal)

..... acceptance of the tender of the 4th respondent was vitiated by any legal infirmity.(emphasis supplied)24. here the position is otherwise. the writ petitioner understood the terms of the contract and participated without raising any protest as regards the production of performance certificate because he knew that if such objections were raised, he would be out of the process. after ..... period mentioned in the notice of tender was a necessary qualification of the bidders.14. the notice of tender lays down the following eligibility criteria for the bidders:a) total contract amount received during the last three financial years and in the current financial year should be minimum of 150% of advertised tender value.b) the intending tenderer should have ..... to strictly act in terms of the terms and conditions of the tender advertisement published in april, 2006 and in terms of the general condition of tender and conditions of contract of the electrical engineering department, metro railway, calcutta;(c) a writ in the nature of certiorari commanding the respondent authorities to transmit all records in respect of the said ..... his lordship allowed a writ application filed by the universal cable ltd. the private respondent in these appeals, by setting aside the decision of the metro railway authority to award contract in favour of nicco corporation limited ('nicco'), the appellant, in one of these appeals with the observation that whatever amount of work had already been executed by nicco should .....

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Jan 31 2007 (TRI)

The Statesman Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Jan-31-2007

Reported in : (2007)112TTJ(Kol.)593

..... given to the developers possession of the said land or allowed the developers to retain possession of the said land or of any part thereof in part performance of the contract referred to in 53a of the transfer of property act, 1882 nor is it intended to be nor will it be construed to be "transfer" as defined by chapter xx .....

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Aug 22 2007 (HC)

Arjun Kumar Ray Vs. Damodar Valley Corporation and ors.

Court : Kolkata

Decided on : Aug-22-2007

Reported in : (2007)3CALLT276(HC),2007(4)CHN730

..... 2003toshri arjun kumar roy, no. 174, mudiali, 1st lane, p.c. garden reach,kolkata - 700 084 west bengal.sub: termination of services of shri arjun kumar roy, motor boat driver (contract).ref : this office no. scfw/pf/315 dt. 03.07.03.dear sir,in continuation of the above referred letter i am directed to intimate you that your services is ..... . the relevant portion from the appointment letter is quoted hereunder:you are offered the post of motor boat driversin the corporations. 2. the terms of your appointment on provisional and contract will be: for a period of 1 (one) yeara) nature of appointment: temporary, likely to continuesubject to termination by giving three months' notice/one months' notice or threemonths pay ..... salary including all arrears. the said deputy director thereafter by the written communication dated 13th january, 2003 informed the writ petitioner that the service of the said writ petitioner on contract basis had expired on 20th february, 1998. the said communication of the deputy director dated 13th january, 2003 is set out hereunder:damodar valley corporationsoil conservation department forestry west divisionhazaribaghno ..... roy, motor boat driver,dvc, tilaiya rangehazaribagh(through : asstt. forest ranger, tiliaya)sub : the service of shri a.k. roy m.b. driver on contract basis.dear sir,this is to inform you that your service on contract basis, has already been expired on 28.2.98. but it is observed that you are making attendance daily at tilaiya range after expiry .....

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Nov 15 2007 (HC)

Videsh Sanchar Nigam Ltd. Vs. Shapoorji Pallonji and Company Ltd.

Court : Kolkata

Decided on : Nov-15-2007

Reported in : 2008(1)CHN721

..... remains much the same under the 1996 act as it was under the 1940 act. the petitioner has relied on the cases to suggest that if relevant clauses of the contract or material before the arbitrators are not taken into consideration, the arbitrators would be deemed to have misdirected themselves and it would be a serious irregularity warranting interference under ..... clause 2.17-a(d) of the special conditions that the contractor did not underestimate its cost when pricing and there was an indication as to the percentage of the contract value on account of overheads, profit and the like. assessment of damages always involves a measure of subjectivity and approximation once the adjudicating authority finds that damages had, indeed, ..... and unreasonable, or one which travels beyond the substantive provisions of law resulting in serious prejudice to the complaining party, or of the arbitral tribunal disregarding express provisions of the contract under which it gets its authority. section 34 of the 1996 act and the judicial construction of what is opposed to public policy mentioned therein, does not broaden the scope ..... agreed extended date of completion on the employer's representation that the tenure would be extended till the date of actual completion without imposition of any liquidated damages that the contract permitted the employer to levy if the work spilled over beyond the agreed date of completion. the employer suggests that there was no representation of such nature and an odd .....

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Oct 15 2007 (HC)

Bani Basu and ors. Vs. Sachindra Nath Ghosh and anr.

Court : Kolkata

Decided on : Oct-15-2007

Reported in : 2008(2)CHN165

..... law that possession is never considered adverse if it is referable to a lawful title. the purchaser who got into possession under an executory contract of sale in a permissible character cannot be heard to contend that his possession was adverse. in the conception of adverse possession there is ..... his heirs and successors is not disputed by sachindra nath ghosh, and sachindra nath ghosh himself has filed a suit for specific performance of contract against the appellants.(7) air 1917 calcutta 399 (lalit mohun nundy v. haridas mukherjee) for the proposition that when any person makes an ..... proved in accordance with law and as such the learned trial court was right in granting the decree in the suit for specific performance of contract. the learned advocate for the appellants (bani basu and others), challenged the said agreement for sale and the money receipt (exts. 19 and ..... structures and he had no business there except the temporary dairy business. according to the defendants in the said suit for specific performance of contract the clause regarding adjustment of rents against the total consideration money is an impossible and absurd clause and this was never intended to be ..... diji enterprises company inducted some licensees. it has been further alleged by the appellants in their written statement in the suit for specific performance of contract that the alleged agreement dated 07.01.1967 and the alleged money receipt dated 12.01.1976 are fabricated, forged and ante-dated documents. .....

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Aug 22 2007 (HC)

Union of India (Uoi) (S.E. Rly.) Vs. Ambica Construction

Court : Kolkata

Decided on : Aug-22-2007

Reported in : (2007)3CALLT587(HC)

..... conditions provides as follows:16(2) interest on amounts. no interest will be payable upon the earnest money or the security deposit or amounts payable to the contractor under the contract, but government securities deposited in terms of sub-clause (1) of this clause will be repayable with interest accrued thereon.34. in the decisions relied upon by the respondent, ..... the agreement. according to the respondent, it cannot be faulted for showing enterprise and imagination in procuring the raw material from the market to discharge its obligation under the contract. the respondent asserts that the agreement did not prohibit the respondent from looking elsewhere for the supply of raw material once the petitioner had failed to discharge its obligation in ..... not preclude a contractor from seeking a reference in terms of the arbitration agreement contained in the contract or making further demands under the agreement. paragraph 18 of the report summarises the supreme court's conclusions:18. from the submissions made on behalf of the respective parties ..... on its own facts.12. the respondent relied on a later supreme court judgment reported at 2006{4) arbitration law reporter 288 where it has been recognised that in contracts of such nature a discharge certificate is sometimes given in advance to expedite the payment that the government employer offers and the mere issuance of such discharge certificate would .....

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Aug 29 2007 (HC)

In Re: Weighbird (India) Limited (In Liquidation); in Re: Titagarh Ind ...

Court : Kolkata

Decided on : Aug-29-2007

Reported in : 2008(1)CHN279,[2009]147CompCas366(Cal)

..... favour of the second and third defendants. the plaintiffs thereupon brought a suit against the second and third defendants and the original transferee-first defendant for specific performance of the contract, claiming that there was a simultaneous agreement for reconveyance and that the second and third defendants had notice of such agreement for re-conveyance and were bound by the ..... an obligation annexed to the ownership of immoveable property, not amounting to an interest in the property, but which obligation may be enforced against a transferee with notice of the contract or a gratuitous transferee of the property. thus, the equitable ownership in property recognised by equity in england is translated into indian law as an obligation annexed to the ..... ram mohit hazra : [1967]1scr293 and narandas karsondas v. s.a. kamtam : [1977]2scr341 . the ultimate paragraph of section 54 of the transfer of property act, expressly enunciates that a contract for the sale of immovable property does not, of itself, create any interest in or charge on such property. but the ultimate and penultimate paragraphs of section 40 of the ..... latter property, oror of obligation annexed to ownership but not amounting to interest or easement.--where a third person is entitled to the benefit of an obligation arising out of contract, and annexed to the ownership of immovable property, but not amounting to an interest therein or easement thereon,such right or obligation may be enforced against a transferee with .....

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Oct 15 2007 (HC)

Steel Authority of India Limited Vs. Tapas Kumar Roy

Court : Kolkata

Decided on : Oct-15-2007

Reported in : 2008(1)CHN697

..... no. 385 of 1982 disposed of on 19.4.1982. it was held:'coming to clause 59 of the preliminary specifications of 'apdss', it provides that neither party to the contract shall claim compensation on account of delays or hindrances to work from any cause whatever'. that the delays and hindrances contemplated by clause 59 include the stoppage, hindrances and delays ..... . since no compensation was contemplated either by the agreement or by the letters aforesaid, it submitted, the contractor cannot claim any compensation. reliance was placed upon section 55 of the contract act, and the several terms and conditions of the agreement, including clauses 58 and 59 of the andhra pradesh detailed standard specifications (apdss). it denied that the contractor paid any ..... 1970 in this behalf. under these letters the time for delivering the several sites piers was postponed. it was also stated that because of the said delay, the period of contract will be extended by six months. the government's contention, therefore is that there is no basis for claiming any compensation on account of the delays in handing over the ..... for completion of the work was one year. according to the respondent the appellant failed to perform its reciprocal obligations. as a result the respondent was compelled to rescind the contract by a notice dated 30th september, 1985. the respondent thereafter preferred claim on various grounds including payment for the work done, refund of security deposit and damages. the appellant .....

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