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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 2012 Page 1 of about 41 results (0.014 seconds)

Dec 06 2012 (HC)

Larsen and Toubro Ltd. Vs. Visa Power Ltd.

Court : Kolkata

Decided on : Dec-06-2012

..... the claims of both the aforesaid sub- contractors have been settled and the respondent should face no embarrassment in such regard. though the respondent insists on the petitioner furnishing an indemnity in favour of the respondent against any claims that may be made by the sub-contractors engaged by the petitioner, since the agreement entitles the petitioner to take back the ..... machinery and equipment upon the completion of the work or the termination of the contract, the demand of the respondent does not appear to be reasonable. accordingly, the petitioner is permitted to remove all machinery and equipment from the site in the presence of the .....

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Aug 23 2012 (HC)

Kartick Ruidas and Others Vs. State of West Bengal and Others

Court : Kolkata

Decided on : Aug-23-2012

..... fact not required by a statute to be disclosed may not amount to fraud. even in commercial transactions non-disclosure of every fact does not vitiate the agreement. in a contract every person must look for himself and ensure that he acquires the information necessary to avoid bad bargain. in public law the duty is not to deceive. (see shrisht dhawan ..... 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, 1872 defines fraud as an act committed by a party to a contract with intent to deceive another. from the dictionary meaning or even otherwise fraud arises out of the deliberate active role of the representator about .....

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May 03 2012 (HC)

M/S. Ranbaxy Laboratories Limited Vs. the State of West Bengal and Oth ...

Court : Kolkata

Decided on : May-03-2012

..... illustrations. for instance, the above principle will apply where the inequality of bargaining power is the result of the great disparity in the economic strength of the contracting parties. it will apply where the inequality is the result of circumstances, whether of the creation of the parties or not. it will apply to situations ..... but to sign on the agreement containing such a clause which, on the face of it, must be held to be an unreasonable term in the contract of service. a person working in bhubaneswar being terminated and the order of termination being served at kolkata and then to expect that the employee would go ..... this principle is that the courts will not enforce and will, when called upon to do so strike down an unfair and unreasonable contract, or an unfair and unreasonable clause in a contract, entered into between parties who are not equal in bargaining power. it is difficult to file an exhaustive list of all bargains of ..... them. it will also apply where a man has no choice, or rather no meaningful choice, but to give his assent to a contract or to sign on the dotted line in a prescribed or standard form or to accept a set of rules as part of the ..... contract, however unfair, unreasonable and unconscionable a clause in that contract or form or rules may be. this principle, however, will not apply where the bargaining power of the contracting parties is equal or almost equal. this principle may not apply where both .....

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Feb 08 2012 (HC)

Ltd.), 5. 48 Company Cases Page 604 Vs. Raj Kumar Mittal),

Court : Kolkata

Decided on : Feb-08-2012

..... price to the mill and delivered the goods to the company. it is evident from bare perusal of contract note that the agreed price per metric tonne mentioned therein not only includes basic value of the material charged by the mill but also ..... tax at prevailing rate, cess, transportation from mill to destination 45 days interest, storage charges and service charges as per the agreed terms of contract note signed by both petitioner and the company. in the instant case the petitioner have acted in terms of the agreement and paid the agreed ..... that the financing of the newsprint purchased by the company was admittedly by opening letters of credit and bank finance. the company has specifically contracted to make payment of contractual overdue interest at the rate the petitioner has been charged by its bankers that 15 per cent interest plus 2 ..... interest charged has been disclosed by the petitioner in the petition. thus, the petitioner claimed an outstanding on 30th november, 2009 calculated as per contract rs.3,29,39,867.00 and also contractual overdue interest and contractual overdue service charges calculated from 1st december, 2009 until 15th march, 2010 ..... you will sign all necessary papers, agreements, documents and confirmations as may be essential and required either at present or in future related to this contract and for insurance claim. d) you will issue necessary letters to procure, store and handle newprint on your behalf for supply to you.legal a .....

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Feb 08 2012 (HC)

5. 48 Company Cases Page 604 (All Vs. Raj Kumar Mittal),

Court : Kolkata

Decided on : Feb-08-2012

..... agreed price to the mill and delivered the goods to the company. it is evident from bare perusal of contract note that the agreed price per metric tonne mentioned therein not only includes basic value of the material charged by the mill but also ..... tax at prevailing rate, cess, transportation from mill to destination 45 days interest, storage charges and service charges as per the agreed terms of contract note signed by both petitioner and the company. in the instant case the petitioner have acted in terms of the agreement and paid the ..... that the financing of the newsprint purchased by the company was admittedly by opening letters of credit and bank finance. the company has specifically contracted to make payment of contractual overdue interest at the rate the petitioner has been charged by its bankers that 15 per cent interest plus 2 ..... interest charged has been disclosed by the petitioner in the petition. thus, the petitioner claimed an outstanding on 30th november, 2009 calculated as per contract rs.72,46,383/- and also contractual overdue interest and contractual overdue service charges calculated from 1st december, 2009 until 15th march, 2010 amounting ..... you will sign all necessary papers, agreements, documents and confirmations as may be essential and required either at present or in future related to this contract and for insurance claim. d) you will issue necessary letters to procure, store and handle newprint on your behalf for supply to you.legal .....

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Jan 31 2012 (HC)

Ghanshyam Sharma and anr Vs. South City Projects (Kolkata)

Court : Kolkata

Decided on : Jan-31-2012

..... the revered text on arbitration by mustill and boyd and the exception carved out in the relevant passage was that if an agreement referred to a standard form of a contract or a particular trade usage which implied the incorporation of an arbitration agreement, the mere reference to the standard form or the trade usage would suffice without the arbitration ..... of an independent trade or professional institution (as for example the standard terms and conditions of a trade association or architects association) will bind them or apply to the contract, such standard from the terms and conditions including any provision for arbitration in such standard terms and conditions shall be deemed to be incorporated by reference. sometimes the ..... in section 7(5) of the act may therefore be summarised thus: (i) an arbitration clause in another document would get incorporated into a contract by 9 reference, if the following conditions are fulfilled: (1) the contract should contain a clear reference to the documents containing arbitration clause, (2) the reference to the other document should clearly indicate an intention to ..... or that the parties have read and understood the said terms and conditions.(v) where the contract between the parties stipulates that the conditions of contract of one of the parties to the contract shall form a part of their contract (as for example the general conditions of contract of the government where the government is a 11 party), the arbitration clause forming part .....

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Jan 31 2012 (HC)

Ghanshyam Sharma and anr. Vs. South City Projects (Kolkata) Limited

Court : Kolkata

Decided on : Jan-31-2012

..... the revered text on arbitration by mustill and boyd and the exception carved out in the relevant passage was that if an agreement referred to a standard form of a contract or a particular trade usage which implied the incorporation of an arbitration agreement, the mere reference to the standard form or the trade usage would suffice without the arbitration ..... of an independent trade or professional institution (as for example the standard terms and conditions of a trade association or architects association) will bind them or apply to the contract, such standard from the terms and conditions including arbitration in such any provision standard terms for and conditions shall be deemed to be incorporated by reference. sometimes the ..... in section 7(5) of the act may therefore be summarised thus: (i) an arbitration clause in another document would get incorporated into a contract by reference, if the following conditions are fulfilled: (1) the contract should contain a clear reference to the documents containing arbitration clause, (2) the reference to the other document should clearly indicate an intention to incorporate ..... the parties have read and understood the said terms and conditions. (v) where the contract between the parties stipulates that the conditions of contract of one of the parties to the contract shall form a part of their contract (as for example the general conditions of contract of the government where the government is a party).the arbitration clause forming part of such .....

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Feb 08 2012 (HC)

Company Vs. Madhu Woolen Industries Private Ltd.),

Court : Kolkata

Decided on : Feb-08-2012

..... price to the mill and delivered the goods to the company. it is evident from bare perusal of contract note that the agreed price per metric tonne mentioned therein not only includes basic value of the material charged by the mill but also ..... tax at prevailing rate, cess, transportation from mill to destination 45 days interest, storage charges and service charges as per the agreed terms of contract note signed by both petitioner and the company. in the instant case the petitioner have acted in terms of the agreement and paid the agreed ..... that the financing of the newsprint purchased by the company was admittedly by opening letters of credit and bank finance. the company has specifically contracted to make payment of contractual overdue interest at the rate the petitioner has been charged by its bankers that 15 per cent interest plus 2 ..... interest charged has been disclosed by the petitioner in the petition. thus, the petitioner claimed an outstanding on 30th november, 2009 calculated as per contract rs.72,46,383/- and also contractual overdue interest and contractual overdue service charges calculated from 1st december, 2009 until 15th march, 2010 amounting ..... ) you will sign all necessary papers.agreements, documents and confirmations as may be essential and required either at present or in future related to this contract and for insurance claim. d) you will issue necessary letters to procure, store and handle newprint on your behalf for supply to you. a .....

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Mar 20 2012 (HC)

Coal India Limited Versu Anadian Commercial Corporation

Court : Kolkata

Decided on : Mar-20-2012

..... of arbitration, the request for constituting an arbitral tribunal could not be made before any authority in india. the supreme court held that the governing law clause in the matrix contract also covered the arbitration agreement and with the seat of arbitration being seoul, the clear language of the distributorship agreement between the parties spells out a clear ..... a dispute arose between the bulgarian and the american parties concerning the risk transfer. arbitral proceedings were initiated in stockholm based on the arbitration clause in the loan contract between the bulgarian and the austrian banks. the tribunal held by way of an interim award that it possessed the jurisdiction to deal with the dispute as the arbitration ..... (2) the indonesian court had primary jurisdiction to annul the award, providing a defence to enforcement in the united states. kbc responds that the tribunal properly interpreted the parties contracts in deciding that swiss procedural law applied and the district court properly applied the new york convention in affirming that decision. this court agrees with kbc. [11] under the ..... four sets of rules at play together in a matter of the present kind. there would first be, according to the respondent, the law governing the main or the matrix contract; then, the law governing the arbitration agreement in its interpretation, enforcement, effect and extent; thirdly, the law governing the supervision of the arbitration and covering matters connected therewith; .....

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Oct 10 2012 (HC)

West Bengal State Electricity Distribution Co. Ltd. Vs. West Dinajpur ...

Court : Kolkata

Decided on : Oct-10-2012

..... decisions reported in air 1991 calcutta 324, air 1966 sc 543, air 1995 orissa 62, air 1989 sc 1239 and 47 cwn 899 and thus, he has submitted that the contract entered into between the parties at place where corporation had its subordinate office no stipulation of conferring exclusive jurisdiction to a particular court cause of action arising in relation to .....

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