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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 2015 Page 3 of about 37 results (0.025 seconds)

Aug 17 2015 (HC)

Eastern Comnets Ltd. and Ors. Vs. Kaustav Ray and Ors.

Court : Kolkata

Decided on : Aug-17-2015

..... the five postdated cheques nor any explanation has been offered either in the affidavit or during the submissions made before this court for issuance of the said cheques. after the contract period was over. these cheques were all issued there is also no dispute that materials worth rs.2,79,96,311/- was received by the respondent no.3. the indebtedness .....

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Aug 11 2015 (HC)

M/S. Arjun Shyam and Co. (P) Ltd. Vs. M/S. Sagar Trading Co. and Ors.

Court : Kolkata

Decided on : Aug-11-2015

..... and section 8 of the bengal money-lenders act, 1940. mr.deb submits that in absence of any licence under section 8 of the bengal money-lenders act, 1940, the contract is not enforceable and it is forbidden by law. he submits that in the event the suit is allowed to proceed in absence of any money lending licence it would ..... business of money-lending in west bengal or who has a place of such business in west bengal, and includes a pawnee as defined in section 172 of the indian contract act, 1871. the reserve bank of india act, 1934 is enacted under entry 38 of list i of the viith schedule, the indian companies act is enacted under entry 43 .....

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Oct 01 2015 (HC)

Oriental Ceramics and Refractories and Ors. Vs. Coal India Ltd.

Court : Kolkata

Decided on : Oct-01-2015

..... also in matilal v. darjeeling municipality, 17 cal l.j.167. 15. but one serious objection to this view seems to be that this would amount to making a new contract for the parties. the parties here certainly did not intend to create a lease for one year. the lease was intended to be for a period exceeding one year, but ..... remedies available in law. the objection raised by mr.mukherjee on behalf of north eastern coalfields ltd.is with regard to concluded contracts being rewritten. that would apply to the cases of linked customers who had entered into contracts with the coal companies pursuant to the scheme of e-auction whereby they obtained supplies of coal at variance with and being in ..... quantities of those purchasers.he therefore submitted setting aside of the said scheme could not automatically set aside earlier concluded contracts entered pursuant thereto. if such contracts were to be set aside then they are to be set aside as a whole. those contracts could not be substituted or rewritten for supply of quantities at variance with the linked quantities of the purchasers .....

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Jul 27 2015 (HC)

Emta Coal Ltd. Vs. Damodar Valley Corporation

Court : Kolkata

Decided on : Jul-27-2015

..... a money claim of company emta against the jvc, whether or not because of dvc refusing to release the jvc s bills, would fall within the ambit of the matrix contract governed by the arbitration agreement. even if a dispute between company emta and the jvc is capable of being referred to arbitration under the arbitration agreement by virtue of the .....

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Dec 07 2015 (HC)

Anand Hotel Vs. Arjendu Pratap Singh Deo and Ors.

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 .....

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Mar 19 2015 (HC)

Rani Leasing and Finance Ltd. Vs. Sanjay Khemani

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 .....

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Mar 24 2015 (HC)

State Trading Corporation of India Limited and Anr. Vs. Glencore Grain ...

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 .....

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Jun 04 2015 (HC)

Road Builder (M) Sdn Bhd Vs. Tantia Constructions Limited

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 .....

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Dec 03 2015 (HC)

Gujarat Nre Coke Limited and Anr. Vs. Jindal Steel and Power Limited a ...

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 .....

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Dec 21 2015 (HC)

Gujarat Nre Coke Limited and Anr. Vs. Jindal Steel and Power Limited a ...

Court : Kolkata

Decided on : Dec-21-2015

..... 2013 contains an arbitration clause and the defendant nos.2 and 3 are not parties to the said arbitration agreement. the plaintiffs have also separate contracts prior in point of time with the defendant nos.2 and 3 which contains jurisdictional clause and i have already held that the suit against ..... the arbitral tribunals is excluded either expressly or by necessary implication. it is submitted that the tortious claim based on alleged procurement of breach of contract is a cause of action based on the coal purchase agreement since in deciding the said issue the court would be required to take into ..... and damage are two basic ingredients of tort and in the instant proceeding it is argued that the acts of procurement of the breach of contract has resulted in the invasion of a legally protected interest of the plaintiff and has caused a civil injury to the plaintiff. mr.saha emphasized ..... arbitration clause is in the dispute and there is a valid arbitration clause, the court has a mandatory duty to refer the dispute arising between the contracting parties to arbitrator. the language of section 8 is preemptory in nature and, therefore, it is obligatory to refer the parties to arbitration in ..... under the coal purchase agreement dated 27th august, 2013. the contention of the plaintiff that the defendant no.1 has procured a breach of contract in preventing the defendant nos.2 and 3 to supply the coal under their respective coal purchase agreement is without any foundation as such agreements .....

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