Court : Kolkata
Decided on : Oct-16-2015
..... , in essence, exceptionally stringent contracts of indemnity. they are contractual undertakings, normally granted by banks, to pay, or repay, a specified sum in the event of any default in performance by the principal debtor of some ..... give notice of a claim if there is reasonable cause. the bank or other financial institution which grants a performance guarantee will, of course, demand a counter-guarantee or indemnity from the customer at whose request the guarantee is granted. as the customer will be liable to reimburse the bank on their payment under the guarantee, and as he ..... invocation of the guarantees was in terms thereof. the bank had no defence to the claim of the plaintiff and the same should be decreed. he relied on chitty on contracts, 25th edition on passage 4407 regarding performance guarantees as is reproduced below: performance guarantees. a number of cases have involved discussion of the nature of performance guarantees . which are ..... other contract with a third party, the creditor. an unusal feature of several modern cases has been that the bank s liability arises on mere demand by the creditor, notwithstanding .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-18-2015
..... 13(2) of the act. a bilateral agreement between the tenant and the sub-tenant to deprive the owner of a statutory right of eviction by a contract inter se between themselves cannot be relied upon and on basis of clause in agreement and whereas the first party by virtue of the consent of the ..... rent) as those of the original lease; but unless the surrender is made for the purpose of obtaining a new lease, the rent payable by, and the contracts binding on, the under-lessee shall be respectively payable to and enforceable by the lessor. the forfeiture of such a lease annuls all such under-leases, except ..... is in the possession of the sub-lessee for he cannot restore possession of the same to the lessor apart from the fact that he can terminate the contract of lease only as a whole and not in respect of a part of it. having regard to all these factors, even without going into the ..... ), t. p. act). thus a sub-lessee who has obtained a part of the interest of the head tenant will be entitled to claim the benefit of the contract vis- -vis the lessor, as the lessee (head tenant) cannot surrender the lease in part. section 111(e) contemplates a surrender of the entire interest under the ..... ad-measuring an area 2000 sq. ft. out of the total area to be constructed. accordingly, the suit is in the nature of specific performance of a contract. in view thereof, it is submitted that since the applicants admittedly are in occupation of a portion of the suit property, the applicants were required to be .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-08-2015
..... question in inter globe aviation, inter alia, was whether the permanent lok adalat at hyderabad had territorial jurisdiction to deal with the matter. the standard terms which governed the contract between the parties provided, all disputes shall be subject to the jurisdiction of the courts of delhi only . the contention on behalf of the appellant before this court was that ..... of exclusion of other jurisdictions. under the facts and circumstances of the case we hold that while connecting factor with kaira jurisdiction was ensured by fixing the situs of the contract within kaira, other jurisdictions having connecting factors were not clearly, unambiguously and explicitly excluded. that being the position it could not be said that the jurisdiction of the court ..... concerned with clause 11 in the agreement which read, any dispute arising out of this sale shall be subject to kaira jurisdiction . the disputes having arisen out of the contract between the parties, the respondents therein filed a suit for recovery of amount against the appellants therein and also claimed damages in the court of the subordinate judge at ..... lok adalat at hyderabad did not have territorial jurisdiction to receive the complaint and decide the complaint. the indigo conditions of carriage, containing the standard terms which govern the contract between the parties provide as follows; all disputes shall be subject to the jurisdiction of the courts of delhi only. the appellant contends that the ticket related to the .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-15-2015
..... be a yearly lease terminable upon six months notice, if the purpose of the lease were manufacture or agriculture. however, when there was a clear contract to the contrary which clearly stipulated that the lease would be a monthly lease, terminable by notice of three months, the deeming provision of section 106 ..... of the initial agreement would not in itself change nature and character of the demise. section 106(1) could only be attracted if there was no contract to the contrary. after expiry of the lease agreement, the appellant defendant remained in possession as a monthly tenant and paid rent from month to ..... month to month tenancy or yearly tenancy in accordance with the purpose of the tenancy. mr.talukdar argued that in this case, there was no subsisting contract. the purpose of the tenancy was manufacture and, therefore, the tenancy should be taken to be a tenancy from year to year terminable upon notice ..... application under order xl1 rule 27 being g.a.no.2476 of 2015 which was disposed of by an order dated 1st september, 2015. the contract clearly shows that the lease was monthly and the lease was terminable by three months notice on either side. this lease, as observed above, expired ..... fiction in respect of lease of immovable property, let out for the purpose of agriculture or manufacture. under section 106(1).in the absence of contract or local law or usage to the contrary, immovable property let out for the purpose of agriculture or manufacture is deemed to be a yearly lease .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-14-2015
..... by the petitioner. the petitioner herein filed a rebuttal statement wherein the allegations of the respondent company as to the failure of the petitioner in discharging its obligations under the contract were denied. it was the case of the neycer that because of the high standard of its products and popularity of its brand several entrepreneurs had approached it for ..... and obliged to commission the plant on or before november 19, 1988. but the petitioner neglected, refused and delayed to impart the requisite expertise and perform its obligations under the contract. in the month of december 1988, two meetings were held between the parties and it was further pointed out by the respondent about the failure, neglect and inordinate delay ..... bench observed that the courts hearing applications under section 30 of the act do not exercise any appellate jurisdiction. reappraisal of evidence by the court is impermissible. interpretation of a contract is a matter for the arbitrator to determine. even in a case where the award contains reasons, interference will still not be available within the jurisdiction of the court ..... arbitrator had acted correctly or incorrectly. the high court had no jurisdiction to examine the different items awarded, clause by clause, by the arbitrator and to hold that under the contract these were not sustainable in the facts found by the arbitrator. sudarsan trading company (supra) is also an authority for a proposition that reasonableness of the reasons given by .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-21-2015
..... earnest money, etc. (1) notwithstanding anything to the contrary contained in the code of civil procedure, 1908, any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for (a) possession, or partition and separate possession, of the property, in addition to ..... the purchaser, it is implied that delivery of possession of the immovable property is part of the decree of specific performance of contract. but in this connection it is necessary to refer to section 22 of the specific relief act, 1963 which runs: 22. power to grant relief ..... .. we are in respectful agreement with the view expressed by mahajan, j.in moolji jaitha case.16. in a suit for specific performance of contract for sale of immovable property containing a stipulation that on execution of the sale deed the possession of the immovable property will be handed over to ..... chowdhury v. southern bank ltd. (supra) a division bench of the calcutta high court took the view that the suit for specific performance of the contract to execute and register a lease with alternative claims for damages is not a suit for land . within the meaning of clause 12 of the letters ..... and the fact that such will or may be the consequence is immaterial for the purpose; the cause of action for specific performance of a contract and not the cause of action for a titular or possessory claim for land; and thirdly, the context of clause 12 of the letters patent .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-15-2015
..... stating that neither the delivery was received on 31st march, 2008 nor was any payment made. both these things took place on 3rd april, 2008 as will appear from the contract note. delivery and payment may have been made on 3rd april, 2008, but it is the case of the assessee himself that the purchase was made on 31st march, 2008 .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-23-2015
..... out the manifest intention of the parties. the true nature of relationship between the parties is quite discernible from the fixture note and there cannot be any doubt that the contract was concluded between the decree-holder and the applicant. in radha sundar dutta (supra) the hon ble supreme court also recognized the general principle that the court would be ..... the remittances in favour of vamvaship rather than cliff navigation since it would be of any importance in order to arrive at a conclusion that the vamvaship is the principal contracting party to the fixture note and not cliff navigation. the tribunal has taken the evidence of the captain of the vessel vamvakis and all the evidence adduced and documents produced ..... appears to have argued before the learned single judge that the decree-holder could not have initiated any arbitration proceeding for adjudication of disputes and differences arising out of the contract. in any case, the arbitration agreement, the plaintiff was made to execute under duress, is vague and ambiguous. while the fixture note mentioned singapore to be the place of arbitration ..... from the procedure mentioned in the singapore law. clause 44 which is the arbitration clause reads as follows: clause44arbitration clause all disputes or differendces arising out of or under this contract which can not be amicably resolved shall be referred to arbitration in london and english law to apply. unless the parties agree upon a sole arbitrator, one arbitrator shall be .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-08-2015
..... there is a burden on the party responsible for prosecuting them to make out a strong case to justify them on grounds of matters unforeseeable at the time of the contract or other exceptional circumstances. my reasons are based on principle, practice and authority. 107. in principle, there are a number of reasons why i do not think that it would ..... -exclusive jurisdiction clause does not clearly indicate whether prior or subsequent parallel proceedings in a non-selected forum are permitted or prohibited, the best interpretation will usually be that, by contracting for non-exclusive jurisdiction, the parties have anticipated and accepted the possibility of some parallel proceedings, and as a result, only foreign proceedings which are vexatious and oppressive for some ..... conscientiousness in the cours.of conduct, or by the common law action for breach of confidence, which is in effect a breach of contract. equity may afford remedy where the disclosure was in cours.of negotiations that never produced contract (seagar versus copydex; 1967 (2) all er415 lac monarch versus international corona; (1990) f.s.r.441).in such a situation, ..... by griffiths in relation to confidential information as referred to in personal management (supra) is stated below:- although the terms of a contract may impose a duty of confidence the right to seek a remedy was not dependent on contract: it existed as an equitable remedy. 165 lord griffiths said that the duty of confidence is, as a general rule, also imposed .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-27-2015
..... section 48 of the present act at the time of enforcement of the award. the plaintiff, however, cannot file a suit challenging the award. a cause of action based on contract which has been conclusively decided against the plaintiff totally non-suit the plaintiff. once a finding is arrived at by the tribunal against the plaintiff in relation to the ..... contract, it logically follows that apart from the remedies available under the act, the plaintiff has no other right. in bharat aluminium company versus kaiser aluminium technical services inc. reported at ..... suit praying, inter alia, for setting aside of a foreign award made in pursuance of an arbitration clause contained in a contract dated 22nd october, 2009. the arbitration clause reads: clause 15 arbitration all disputes in connection with this contract or the execution thereof shall be settled amicably by friendly negotiations between the two parties. if no settlement can be reached, the .....Tag this Judgment!