Court : Kolkata
Decided on : Apr-23-2014
..... the defendant agreed to keep the plaintiff harmless and indemnified for all losses, damages, shortages, costs and expenses while the materials were in the custody of the defendant. in the indemnity bond, the plaintiff was described as of 43, chowringhee road, kolkata lying and situate within the territorial jurisdiction of this court. there was no dispute between the parties with ..... , the defendant must confirm the arrangement by returning to the plaintiff the duplicate of the letter dated october 15, 1975 duly signed by the defendant along with the stamped indemnity bond as per the proforma enclosed. the offer was admittedly issued from within jurisdiction. the offer required two acts to be performed by the defendant prior to the offer ..... regard to such fact. the defendant as consignment agent, therefore, undertook by the indemnity bond to pay the plaintiff at such office at kolkata within territorial jurisdiction of this court. in the facts and circumstances of this case, the contract was made at kolkata within jurisdiction. the defendant was obliged to pay the plaintiff at kolkata within ..... maturing to a contract. the offer required the defendant to confirm the arrangement by returning to the plaintiff the duplicate of the letter date october 15, 1975 and a duly executed stamped indemnity bond to the plaintiff. these obligations of the defendant were discharged by the defendant though .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-16-2014
..... and bokaro steel limited stood dissolved and all the undertakings of hindustan steel limited and bokaro steel limited stood transferred to and vested with the plaintiff and with all existing contracts. the contracts, therefore, between the defendant and hindustan steel limited stood vested with the plaintiff with effect from may 1, 1978 by virtue of the said act of 1978. the ..... of bokaro steel limited. hindustan steel limited appointed the defendant as the storage and handling contractor for handling export consignment with effect from july 1, 1976. the defendant executed an indemnity and custody bond on november 19, 1976 in favour of the hindustan steel limited. by a letter dated june 30, 1977 the arrangement between hindustan steel limited and the ..... custody bond on november 19, 1976 which was marked as exhibit f . by such indemnity and custody bond the defendant agreed to remain liable for all losses, damages and shortages occurring in respect of the transactions. the contract between the defendant and hindustan steel limited appearing at exhibit a was for a period of one year from july 1, 1976. the ..... the subject contracts also stood vested with the plaintiff on and from may 1, 1978. hindustan steel limited appointed the defendant as the storage and handling contractor at calcutta for handling export consignments by a letter dated november 23, 1976. such letter was marked as exhibit a . the said letter inter alia, required the defendant to execute an indemnity and custody bond .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-08-2014
..... . learned counsel on behalf of the tenant could not controvert the factual position. that decision was confirmed by the hon ble supreme court as reported in (2007) 3 scc4607(associated indemn mechanical (p) ltd.versus w.b.s.i.d.c.ltd.).this court finds in concluding the petitioners unit was closed the authority relied on the said two disclosures at ..... petition had alleged no notice or opportunity of being heard to adjudicate as to whether the petitioner or his father was guilty of violation of the essential terms of the contract was given. in reply to the impugned notice the petitioner had asserted they continued to operate from the demised premises though quite recently the activities were restricted by reasons of ..... to the tenant to place his version, could not be said to be good evidence to invoke exercise of power under section 3(2) of the said act. in associated indemn mechanical (p).ltd.dealt with by a division bench of this court the facts were found to be final notice dated 13th september, 1999 was issued pursuant to which possession ..... reported in 1996 (2) chn515(estate manager hsg. dept. versus d.k.de.) paragraphs 24 and 25, air2006cal 176 (associated indemn mechanical (p) ltd.versus w.b.s.i.d.c.ltd.) paragraphs 34 to 38 and (2007) 3 scc607(associated indemn mechanical (p) ltd.versus w.b.s.i.d.c.ltd.) paragraphs 13 to 16. by the judgment in d .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-25-2014
..... respondents by issuing the aforesaid notices/memos could at all be sustained. the authorities are, therefore, directed to suspend their action for realisation of the said amount from the future contracts, if to be awarded to the writ petitioners at this moment. since the respondents have themselves chosen to deposit the excise duty on the royalty and stowing excise duty and ..... royalty. this court, therefore, feels that equilibrium is required to be maintained. the writ petitioners are, therefore, directed to give an indemnity bond to the aforesaid respondents indemnfying their obligations to pay the excise duty in such eventuality. such indemnity bond shall be furnished within two weeks from the date. with these observations, all these writ petitions are disposed of. however, there ..... issue. in that view of the matter, this writ application is disposed of by directing the writ petitioners to furnish an indemnity bond to the satisfaction of the respondents promising to pay the excise duty when the eventuality arises. the indemnity bond is to be furnished within two weeks from date. the registry is to ensure that court fees be paid for .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-24-2014
..... only on the ground that the named appointing authority would choose the arbitrator. but the governing statute says to the contrary and even some arbitration agreements contained in government contracts, which provide that there would be no arbitration if the named appointing authority did not make the appointment, have been read down by the highest court on the ..... affidavit that the association of unitech limited with the respondent s project at the relevant point of time prompted the respondent to include the arbitration agreement in the matrix contract with the managing director of unitech limited designated as arbitrator. it does not follow that upon unitech limited not being associated with the project or its managing director ..... are covered by the perceived arbitration agreement contained in the matrix contract. the petitioner claims that substantial sums remain due to it from the respondent and that payments have not been made despite several demands. the petitioner claims to have ..... international city floated by the respondent. clause 16 of the agreement is relied upon by the petitioner as the arbitration clause: 16. arbitration: any dispute arising out of this contract, the decision of the managing director, unitech limited will be final and binding to contractor. according to the petitioner, disputes and differences have arisen between the parties which .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-28-2014
..... and 49 of the indian registration act, 1908; and (2) that oral evidence was not admissible, as the memorandum of july 15, 1908, constituted the contract between the parties (section 91, indian evidence act i of 1872).the appellants, however, contended that though the terms of the deposit were embodied in a written ..... document that document was a mere memorandum of and did not constitute the contract and therefore did not require to be registered, and that on the same ground oral evidence was admissible to prove and explain the deposit. 15. the ..... is on the defendant to show that the loan has been repaid as the defendant never disputes its liability under the loan transaction. moreover novation of contract has not been pleaded nor proved. any evidence contrary to the pleading cannot be accepted. all the elaborate submissions made by mr.mitra by referring to ..... the plaintiff it is for the defendants to show that the loan has been repaid. the defendants contend that there has been a novation of contract in the year 2006 and the plaintiff has received the said amount of rs.2 lacs in full and final satisfaction of its claim which means ..... that there has been an accord and satisfaction of the debt. the defendant has not pleaded novation of contract nor accord and satisfaction. the onus lies on the defendants to show that the said sum of rs.2 lacs was paid and received by .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-25-2014
..... another. by making a provision that the agreement is subject to the jurisdiction of the courts at kolkata, the parties have impliedly excluded the jurisdiction of other courts. where the contract specifies the jurisdiction of the courts at a particular place and such courts have jurisdiction to deal, with the matter, we think that an inference may be drawn that parties ..... intended to exclude all other courts. a clause like this is not hit by section 23 of the contract act at all. such clause is neither forbidden by law nor it is against the public policy. it does not offend section 28 of the ..... contract act in any manner ... hon ble justice madan b. lokur in a concurrent judgment laid a greater emphasis with regard to the intention of the parties which would be evident .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-22-2014
..... who has accepted the trust cannot afterwards renounce it except (a) with the permission of a principal civil court of original jurisdiction, or (b) if the beneficiary is competent to contract, with his consent, or (c) by virtue of a special power in the instrument of trust. it is submitted that in state of u.p. vs. bansi dhar & ors. reported ..... 2 does not mention the deletion of clause 5(d). as such the contention that clause 5(d) has been repealed is wholly without basis. the rule of interpretation of contracts is very clear and provides that the first part if unambiguous shall prevail over the later part in case of any ambiguity. there is no doubt that om prakash mohta ..... tax, kolkata vs. hooghly mills co. ltd. reported at 2007(1) scc571(paras 8,9) it is argued that it is settled law that no part or term of a contract should be considered to be a meaningless surplusage. ordinary and natural interpretation should be made except where the same would lead to an absurdity. the following decisions have been relied ..... is now settled law that courts may imply terms which are necessary in order to repair an intrinsic failure of expression in the contract, in other words, which would implement the presumed intention and give business efficacy to the contract. referred to submission:- the following the learned senior counsel has decisions in support of the aforesaid i) navnital & co. & ors. vs. kishanchand .....Tag this Judgment!
Court : Kolkata
Decided on : May-15-2014
..... evidently based on omission on the part of the cit to notice that the assessee was not entitled to use the technical knowhow after expiry of the contract as discussed above. the point as regards excess sum of rs.1,56,59,363/- having been allowed to be debited on account of raw ..... mr.poddar contended that the aforesaid judgment of the madras high court has no manner of application to the facts and circumstances of this case because the contract between the assessee and the german concern provided as follows: 11.5. upon the termination or expiry of this agreement for whatever reason the licensee shall ..... side. therefore, it cannot be said, according to him, that this payment of a sum of rs.18 crores is relatable to the termination of the contract on 31st december, 2005. the stipulations in the agreement dated 22nd march, 2005 that bdf will use the services of the assessee s waluj plant or ..... end on 31st december, 2005. before the contract came to an end on 31st december, 2005, an agreement dated 22nd march, 2005 was entered into between the assessee and the german concern whereunder the ..... venture is reached, continue the licence agreement with another assured period of five (5) years based on five per cent (5%) royalties per annum. the contract between the assessee and the german concern continued for another term of five years after expiry of the initial five years and was thus to come to an .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-19-2014
..... of double taxation. article 8 of the aforesaid agreement provides as follows :- (1) profits from the operation of ships or aircraft in international traffic shall be taxable only in the contracting state in which the place of effective management of the enterprise is situated. (2) if the place of effective management of a shipping enterprise is aboard a ship, then it ..... language of the subsection which permits exclusion of an amount paid on behalf of the organization to the contractor according to clause 13 of the terms and conditions of the contract in reimbursement of the amount paid by him to workers.from the sum envisaged therein, as was suggested on behalf of the appellant. after hearing the learned advocates, we are ..... , cannot be understood as the percentage amount deductible from the income of the contractor out of the sum credited to his account or paid to him in pursuance of the contract. moreover, the concluding part of the sub-section requiring deduction of an amount equal to two percent of such sum as income-tax, by use of the words on income ..... , where there is no obligation on the part of the payer and no right to receive the sum by the recipient and the payments does not arise out of any contract or obligation between the payer and the recipient but is made voluntarily, such payments cannot be regarded as income under the income-tax act. it may be noted that section .....Tag this Judgment!