Court : Kolkata
Decided on : Sep-04-2015
..... tender documents contain an arbitration agreement and the interim measures sought by way of present petition under section 9 of the arbitration and conciliation act, 1996 pertain to the matrix contract governed by the arbitration clause. urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (sanjib banerjee, j ..... has crossed the tender stage and upon the letter of intent being awarded. in terms of clause 7.2 of the tender documents, there is a deemed conclusion of the contract between the parties once the letter of intent is received by a bidder. further, the petitioner did not describe himself as either a micro or a small enterprise and, though ..... category. the respondent verified the petitioner s registration with the msme department and, upon satisfaction of the petitioner s registration, the petitioner was identified as eligible to be awarded the contract for handling a depot in assam owned by the corporation as the lowest bidder. what is evident from the relevant letter of the msme department dated june 17, 2015 is ..... petitioner. mr.p.d.mukherjee, adv...for the respondent. before: the hon'ble justice sanjib banerjee date : september 4, 2015. the court : the grievance of the petitioner is that a contract awarded by the respondent corporation by the issuance of a letter of intent has been arbitrarily terminated for a minor mistake committed by the petitioner while obtaining the tender documents .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-19-2015
..... of the sale before selling the thing pledged. sankaranarayana iyer saraswathy amal (supra) is of the view that, such notice under section 176 of the contract act, 1872 only means an intimation of the intention to sell and not that, a sale should be arranged beforehand and due notice of all details ..... out of a suit for damages for breach of contract came up for consideration. the same principle for quantification of damages as that of british westinghouse electric and manufacturing co. ltd. (supra) was reiterated. in darbishire ..... taken all reasonable steps to mitigate the loss consequent on the breach. this second principle debars a plaintiff in a suit for damages on breach of contract from claiming any damages which is due to his neglect to take steps to mitigate the losses. in payzu, ltd. (supra) an appeal arising ..... to sell the shares at a time of its choice. he contends that, a pledgee is not bound by the rigours of section 73 of the contract act, 1872. in support of such contentions he relies upon all india reporter 1950 travancore cochin page 66 (sankaranarayana iyer saraswathy amal v. the kottayam ..... received a far greater value in such shares. the defendant also contends that the plaintiff was obliged to mitigate its damages under section 73 of the indian contract act, 1862. the issues were settled by the order dated december 3, 2013. the issues are as follows:1. (a) was there any agreement .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-24-2015
..... civil suit might have been instituted to agitate issues of fraud. this court passed the interim order having regard to the assertion of the plaintiff-petitioner that there was no contract at all executed on 10th june, 2008. the aforesaid submission is apparently incorrect. prima facie there is an agreement executed on 10th june, 2008 between glencore and the plaintiff- ..... removing the suppression for that purpose. the suppression, according to the learned senior counsel, in this case is that the plaintiffs have knowingly and deliberately made a statement that no contract has been concluded between glencore and rpi. it is submitted that in mayar s case justice naolekar put the principle succinctly in the following terms. after treating the plaint complete ..... 2009 restraining glencore from proceeding with arbitration in london against rpi. on 5th may 2010, an award was passed in arbitration case no.13-944 holding inter alia that no contract existed between stc and glencore and that there was no arbitration agreement between them. however, no further reliefs were granted in that arbitration to glencore. the ex parte interim ..... arbitration and orders were made thereon. subsequent thereto, on 23rd june 2009, rpi filed a suit being suit no.173 of 2009 for a declaration that there was no contract between glencore and rpi and for injunction restraining glencore from proceeding with arbitration in london and other reliefs. an ex parte order was passed in the interlocutory application filed by .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-04-2015
..... that means, all necessary formalities of sale were complied with and the sale was complete. possession was already given to the company. the company, under the contract, was liable for insurance etc.from the effective date. for the aforesaid reasons, we are of the opinion that the goods were sold by the petitioning ..... the conditions are fulfilled subject to which the property in the goods is to be transferred. it would appear that the important question is whether the contract between the parties amounted to a sale or an agreement to sell. whether the transaction is a sale outright or is an agreement to sell ..... is subject to the condition that the company shall go on making payment as per the agreed schedule which is set out in schedule-3 of the contract. schedule-3 contemplates firs.payment on 15th december, 2007. thereafter, there is a holiday for four months and the second instalment begins from 15th april ..... of the equipments in the name of the buyer, which the seller did not discharge. he developed his submission by referring to schedule ii of the contract, which contains a table having 5 columns. the last column indicates the date of transfer of the ownership. he contended that the articles were claimed ..... in fifteen monthly instalments during the period between 15th december, 2007 and 15th may, 2009. the buyer, it appears from clause 3.3 of the contract, is also liable to pay the sales tax and to issue form-c in accordance with the central sales tax act, 1956 which, it is not .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-03-2015
..... 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 ..... hakam singh and in para 21 of the report held as under: 21. ..when the clause is clear, unambiguous and specific accepted notions of contract would bind the parties and unless the absence of ad idem can be shown, the jurisdiction. other courts should avoid exercising as regards construction of ..... 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 ..... laminart (p) ltd.versus a.p.agencies reported at 1989 (2) scc163the hon ble supreme court held that where the parties to a contract agreed to submit the disputes arising from it to a particular jurisdiction which would otherwise also be a proper jurisdiction under the law their agreement ..... are not settled by the terms stated in this agreement shall be settled in conformity with those provisions of the united nations convention on contracts for the international sale of goods that do not conflict with the terms stated in this agreement. there is no dispute that the applicant .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-07-2015
..... would be bound by the agreement entered into by the original defendant no.2 with the plaintiff. the defendants raise inadequacy of consideration as a ground for recession of the contract and for vacating of the interim order. there cannot be any dispute that the sum paid by the plaintiff as part consideration money is the paltry sum, however, the plaintiff ..... from the date of obtaining the probate of the last will and the party for completion of sale stipulated in the agreement would be deemed to be the essence of contract for all intents and purposes. at the same time, it was also the obligation of the executor to inform the plaintiff on behalf of the grant of probate as also ..... the said agreement. the entire transaction was to be completed within three months from the date of obtaining the probate of the last will. the time was the essence of contract. on the marketable title of the said property being made by the executor and upon compliance of all obligations on his part the executor at the cost and expenses of .....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 : Sep-23-2015
..... be dumped in the warehouse of the company. the company was compelled to accept front list books and books which had no such market. the petitioners caused a breach of contract to the extent that it created a parallel supply of distributors in the north and the eastern zone (from where the said companies were mainly operating) and so their position ..... princeton review in addition to the other books mentioned in the previous agreement. this agreement was termed as distributor agreement-princeton with no change in scheme of payment. the respective contracts were renewed every year till december, 2013 with modifications by addendum were brought in the years 2010, 2011, 2012 and 2013. the original payment structure, however, was retained and reiterated ..... buffer days).beyond this period, the company would have to pay an interest of 1.5% per month. in case of delay in timely payments, beyond this specified period, the contract allowed the petitioner the unrestricted right to stop any/ all pending supplies or order. in or about may 6, 2011, the petitioner and said company entered into another agreement. the .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-28-2015
..... dated september 12/13, 1985 the plaintiff terminated the agency agreement with regard to high grade rock phosphate. such termination presupposes the existence of a contract of agency for rock phosphate without making a distinction between the qualities. in such circumstances, the fourth issue is answered in the affirmative and in ..... to any of the terms and conditions of exhibit 2 contemporaneously. in any event, in my view, the evidence on record establishes that, the contract of agency given by the defendant to the plaintiff by exhibit a stood modified by exhibit 2 . reading exhibit a as modified by exhibit 2 ..... agent on the various terms and conditions as would appear from the letter dated september 20, 1983. the plaintiff had performed her obligations under such contract. the plaintiff had generated business for the defendant in the eastern region of india which such region remained unexplored by the defendant. the plaintiff claims ..... , 2015 judgment on : january 28, 2015 debangsu basak, j. the suit is for declaration that the letter of the defendant refusing to renew the contract between the parties is illegal, wrongful, void and liable to be set aside and for a decree for damages and in the alternative an inquiry into ..... defendant by a letter dated december 1, 1986 illegally and wrongfully. she claims that, the refusal of the defendant to renew the contract should be declared as null and void. she claims compensation for the loss and damages suffered by her and in the alternative an .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-30-2015
..... purchase agreement amounts to interest liable to tax under the provisions of the interest tax act. dealing with the question, cit(a) held as follows:- on going through a sample contract of hire or the agreement which is entered into for all the purchase transactions in this case it is seen that the hire purchase company continues to be the owner ..... instructed that the hire charges cannot be treated as interest within the meaning of section 2(28a).to be precise, the circular reads as follows: i n a hire-purchase contract the owner delivers goods to another person upon terms on which the hirer is to hire them on a fixed periodical rental. the hirer has also the option of purchasing .....Tag this Judgment!