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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 2008 Page 1 of about 43 results (0.017 seconds)

Sep 10 2008 (HC)

Kailash Kumar Kanoria Vs. Shiv Shankar Pasari and ors.

Court : Kolkata

Decided on : Sep-10-2008

Reported in : (2009)1CALLT90(HC),[2009]147CompCas231(Cal)

..... first defendant promised to pay the plaintiff 'any amount which the ubi may call upon' the plaintiff to pay 'without any reference or recourse.'25. the contract of indemnity, in such circumstances, obliged the first defendant to take over the plaintiff's liability to ubi and, probably, apply to have himself impleaded in the ..... from the moment that the time to pay passed. in the second place, it is open to the vendor to bring a suit on the contract of indemnity if upon failure to discharge the encumbrance the vendor suffered a loss. the supreme court considered the matter to be covered by the second scenario and ..... then contended by mr. b.c. misra that even if there was a contract of indemnity the cause of action for the plaintiff arose on february 4, 1937 when the final mortgage decree was passed and not on february 25, 1943 when ..... the actual amount of his loss.' this is the solitary sentence from the judgment that the first defendant places.19. the supreme court considered a contract of indemnity in the light of a point of limitation in the shanti swarup case. paragraph 5 of the report needs to be noticed:(5) it was ..... v. naraini) and 37 mad. 270 (nallappa reddi v. vridhachala reddi), the equitable principle laid down by the english courts has been accepted and applied to contracts of indemnity in this country. in this connection i would also refer to the case in 56 cal. 262 (osman jamal and sons ltd. v. gopal purshottam). i .....

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Oct 01 2008 (HC)

Syed ZahiruddIn Ahmed Bagdadi Vs. Board of Wakfs and ors.

Court : Kolkata

Decided on : Oct-01-2008

Reported in : (2008)1CALLT22(HC)

..... have been false, and therefore a misrepresentation, if it was at the material date false in substance and in fact. section 17 of the contract act defines fraud as act committed by a party to a contract with intent to deceive another. from dictionary meaning or even otherwise fraud arises out of deliberate active role of representator about a fact which he .....

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Mar 04 2008 (HC)

Eic Holdings Limited Vs. Calcutta Dock Labour Board

Court : Kolkata

Decided on : Mar-04-2008

Reported in : 2008(3)CHN311

..... the lessee holds over, such a clause cannot be cited by the lessee to set up a tenancy in perpetuity. just as the executed part of a contract becomes irrelevant and the executory terms carry on, a clause of such nature would lose its force upon the tenure contemplated by the parties, coming to an ..... entitled to the benefit of section 106 of the said act was repelled upon the above clause being regarded as an agreement to the contrary:[3] a contract to the contrary within the meaning of the words in section 106 t.p. act, was certainly entered into by the parties by ex. p.1. ..... control act.19. the defendant has relied on a judgment reported at : air1951mad408 (arunachala naicker v. ghulam mahmood saheb) for the interpretation of the expression 'contract to the contrary' appearing in section 106 of the said act. the relevant clause of the agreement which was put up in furtherance of the argument that there ..... act by suggesting that the opening words of sub-section (1) thereof would preclude its operation in the context. according to the defendant, there is a contract to the contrary, within the meaning of the opening phrase of section 106(1) of the said act, as to the determination of the lease. if clause ..... was a contract to the contrary, in such case, was:besides this, if you, after the expiry of the said stipulated period, send me a notice giving one .....

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Sep 19 2008 (HC)

Haldiram Ltd. Vs. the State of West Bengal and ors.

Court : Kolkata

Decided on : Sep-19-2008

Reported in : (2009)1CALLT158(HC)

..... bidder. haldiram emerged as the highest bidder and got allotment of the land on the terms and conditions incorporated in the deed of licence. neither these features made the contract a statutory contract, nor did they cast any duty or obligation on kmda to act in the discharge of its any administrative or statutory power, duty or obligation while deciding, if ..... not the writ petition under article 226. we are also unable to agree with the observations of the high court that the contractor was seeking enforcement of a statutory contract. a contract would not become statutory simply because it is for construction of a public utility and it has been awarded by a statutory body. we are also unable to agree ..... petitions were filed questioning decisions taken by the superintending engineer, calcutta central circle no. 1, cpwd levying compensation in exercise of pure contractual rights conferred by the non-statutory contracts concerned. question of maintainability of the writ petitions was raised, and the writ petitions were dismissed on the ground that no public law element was involved in the actions of ..... of a statutory power, relief could be claimed under article 226. counsel for radhakrishna also argued that the government had discriminated against radhakrishna in that other parties governed by similar contracts for other areas had been treated otherwise. dealing with this contention, their lordships said (para.21 of the report):21. in the cases before us, allegations on which a .....

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Mar 31 2008 (HC)

Himadri Chemicals and Industries Ltd. Vs. Indian Oil Corporation

Court : Kolkata

Decided on : Mar-31-2008

Reported in : 2008(3)CHN740

..... on demand without reference to the respondent. the guarantees also provided that the appellant would be the sole judge for deciding whether the respondent had fulfilled the terms of the contract or not. disputes arose between the parties as to the erection and performance of the plaint. the seller approached the civil court seeking injunction restraining the purchaser from invoking the ..... .p. coop. federation ltd. v. singh consultants & engineers (p) ltd. the respondent therein entered into an agreement with the appellant for constructing a vanaspati manufacturing plant for the latter. the contract required the respondent to furnish two bank guarantees for proper construction and successful completion of the plaint. bank of india executed two bank guarantees in favour of the appellant. under ..... that it cannot be stated to be a conditional bank guarantee, as submitted by mr. kapoor. in case there are any disputes between the parties with regard to the underlying contract, the parties will be at liberty to seek relief in accordance with law either by way of invoking the remedies under the arbitration and conciliation act, 1996 or filing the ..... without protest or demur or proof or condition any and all moneys anywise claimed by the corporation from the contractor under, in respect of or in connection with the said contract as specified in any notice of demand made by the corporation on the bank with reference to this undertaking upto an aggregate limit of rs. 11,73,000 (rupees eleven .....

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Sep 02 2008 (HC)

Bhowanipore Gujrati Education Society and anr. Vs. Kolkata Municipal C ...

Court : Kolkata

Decided on : Sep-02-2008

Reported in : AIR2009Cal140,(2008)4CALLT420(HC),2008(4)CHN420

surinder singh nijjar, c.j.1. by orders dated 9th october, 2007 and 15th november, 2007, these groups of writ petitions were referred to the chief justice for constituting an appropriate bench for re-examining and/or reconsidering the matter regarding constitutional issues raised in the order of reference. the reference has been made in the following terms:54. in the result, i am of the considered view that the objections regarding maintainability of these writ petitions on the ground that (1) a writ petition under article 226 of the constitution of india against an order passed by a statutory tribunal exercising judicial functions is not maintainable and it is only an application under article 227 that would be maintainable; and (2) a writ petition under article 226 of the constitution of india against an order passed by a statutory tribunal exercising judicial functions is not maintainable within the scope of the rules framed by this court, - require re-consideration and, therefore, i direct that the cause papers of these petitions be placed before the hon'ble the chief justice for appropriate orders being passed.2. the reference has been made in writ petition nos. 898 of 2007 and 269 of 2007. therefore, it would be necessary to make a brief reference to the facts of that case.3. the petitioner is a society registered under the societies registration act, 1961 and it runs the bhowanipur gujarati education society at premises at 5, lala lajpat ray sarani, calcutta 700020 ( .....

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Feb 08 2008 (HC)

Andrew Yule and Company Limited Vs. Descon Limited and anr.

Court : Kolkata

Decided on : Feb-08-2008

Reported in : [2009]147CompCas434(Cal)

..... of the alleged contract. learned counsel appearing for the defendant descon, had submitted that descon would not take any steps in respect of 'buy-back' of shares without complying with all steps as provided ..... , i.e., with regard to the specific performance of the alleged agreement. by the order dated october 10, 2001, it was held that the question whether there was any concluded contract between the plaintiff/appellant and descon cannot be decided at that stage without adducing evidence properly and hence, no order was passed in respect of the prayers regarding the performance ..... , and, therefore, plaintiff/petitioner ought not to be allowed to agitate the same issue which would amount to res judicata. the concept of legitimate expectation is not applicable in a contract between two parties. the hon'ble first court had decided both the maintainability and the merits of the case of the plaintiff/petitioner and had correctly dismissed the petition of ..... . the said sri chiranjib das while dealing with the allegations made by the plaintiff, admitted the said offer, but in his letter dated july 9, 2001, doubted about the concluded contract. the conduct of chiranjib das is absolutely unprecedented and mala fide. the same chiranjib das, now this time in the capacity of secretary and senior manager of dpsc, communicated the .....

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Nov 04 2008 (HC)

Ganpat Lal Pawan Kumar and anr. Vs. Uttar Pradesh State Spinning Co. L ...

Court : Kolkata

Decided on : Nov-04-2008

Reported in : 2008(4)CHN694

..... return, was to receive remuneration @ 24% of the monthly ex-mill sales-turnover made through the depot. it was further provided that the disputes and differences arising out of the contract would be referred to the chairman, u.p. textile corporation ltd. or his nominee who would decide the matter as the sole arbitrator. proceedings relating to arbitration, it was provided .....

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Nov 24 2008 (HC)

Ananta Naskar Vs. Bharat Sanchar Nigam Limited and ors.

Court : Kolkata

Decided on : Nov-24-2008

..... writ jurisdiction and the validity of the contract or termination thereof cannot be considered without trial on evidence. we are, however, of the opinion that the writ petition can be disposed of on the basis of materials on ..... in the interest of administration and such act of bsnl cannot be held to be illegal.28. in the writ petition the appellant-petitioner has prayed for performance of the contract and payment of compensation for the damages. the learned single judge has specifically observed in his impugned judgment that such dispute cannot be resolved by this court in its constitutional ..... ', 'requisite estoppel', 'quasi estoppel' and 'new estoppel'. it is a principle evolved by equity to avoid injustice and though commonly named 'promissory estoppel', it is neither in the realm of contract nor in the realm of estoppel. the true principle of promissory estoppel seems to be that where one party has by his words or conduct made to the other a ..... for the respondents has contended that appeal should be dismissed as there is no arbitrariness or malafide on the part of the b.s.n.l. authorities. the breach of contract or promissory estoppel are matters of complicated facts and evidence, which according to the said learned counsel have not been established in the present case. learned counsel for the respondents .....

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May 07 2008 (HC)

Union of India (Uoi) Vs. Budhlani Engineering Pvt. Ltd.

Court : Kolkata

Decided on : May-07-2008

Reported in : 2008(3)CHN661

..... of the contract and the contract having prohibited payment on account of escalation, the arbitrator acted without jurisdiction in passing the award.37. in the aforesaid background, the division bench in mahalakshmi construction ( ..... supra), made the following observations:if a commercial contract with prohibitory clauses like escalation prohibition were to become subject-matter of a suit, before an ordinary court of law, nobody would dream of arguing that a decree passed ..... awarding interest in the present case.36. in the case of mahalakshmi construction (supra), relied upon by the division bench in the case of pam development (supra), the contract contained a clause prohibiting payment of escalation of price hike excepting only for the price-rise of steel. according to the port trust authority, the arbitrator being a creature ..... was upheld because the clause read that 'no claim for interest will be entertained by the commissioner'. according to the supreme court:strictly construed the term of the contract merely prohibits the commissioner from paying interest to the contractor for delayed payment but once the matter goes to arbitration the discretion of the arbitrator is not, in any .....

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