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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 2016 Page 1 of about 51 results (0.017 seconds)

Feb 08 2016 (HC)

Phooltas Harsco Rail Solutions Private Limited Vs. Auto Components Pri ...

Court : Kolkata

Decided on : Feb-08-2016

..... india was a payment under reserve while that of rs 49,31,496 was also made under reserve as well as against the letter of guarantee or indemnity executed by it. a payment under reserve is understood in banking transactions to mean that the recipient of money may not deem it as his own ..... respondent no.2 was never employed with the petitioner. further attention of the court is drawn to the other facts that at the time of awarding contract by the railways to the petitioner and the respondent no.1, the petitioner was in employment and the resignation was offered much after that and therefore ..... several discrepancies and the fallacious in the contents thereof.11. the first and foremost objection on suppression of material facts is that there is no privity of contract between the respondent no.2 and the petitioner, as admittedly the petitioner was employed with speed crafts ltd. and not with the plaintiff. it is ..... supply of utility vehicles. the plaint proceeds that the railways issued a tender in the year 2012 which was opened on 15.04.2013 awarding the contract to the petitioner to supply 12 numbers of utility vehicles and the respondent no.1 to supply and commission two numbers of such vehicle. the petitioner ..... were to be brought by the bank of india, the high court would not have granted any injunction as it was bound by the terms of the contract. what could not be done directly cannot be achieved indirectly in a suit brought by the plaintiffs. even if there was a serious question to be .....

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Sep 27 2016 (HC)

The Phosphate Company Limited Vs. Emirates Trading Agency Llc

Court : Kolkata

Decided on : Sep-27-2016

..... sight basis, against negotiation of the documents and the correspondence of the plaintiff. e-mail exbt.-g3 reveals that kesoram rayon completed all formalities in respect of the aforesaid contract which the defendant had received and urged upon the defendant to make the shipment at the earliest in any event before 15th november, 2007. the correspondences between the parties ..... certain circumstances, offerees silence, coupled with his conduct, which takes the form of a positive act, may constitute an acceptance-- an agreement sub silentio. therefore, the terms of a contract between the parties can be proved not only by their words but also by their conduct. . per contra, mr. thaker learned counsel for the defendant submitted that taking into consideration ..... -----original message----- from: ajay mathur to: havi ; [email protected]; havi ocean commercial sent: thursday, november 01, 2007 4:45 am subject: fw: shipment of supphur pursuant to contract no sul/631/mc dt2110-2007 please revert urgently with haldia vessel nomination . (exbt.-g2) from: krcomml [[email protected]]. sent: thursday, november 01, 2007 4:53 pm to: ..... defendant by its said e-mail sought to allege the existence of force majeure . condition expressing its inability to supply the said commodity. plaintiff contended that under the said contract between the plaintiff and the defendant no financial transaction was involved in iran nor any letter of credit or any other commitment was required from any bank in iran. .....

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Jul 15 2016 (HC)

Triveni Engicons Pvt. Ltd. and Anr. Vs. Rites Ltd. and Ors.

Court : Kolkata

Decided on : Jul-15-2016

..... for cogent reasons provided such decision is not arbitrary. in the commercial field, the government or a public authority surely has the freedom of contract and can even amend the terms of a notice inviting tender provided no undue prejudice is caused to a party who has participated in the ..... to be vague and such an agreement cannot operate as bar. moreover, it is impossible to think that the provision under article 226 can be contracted out by selecting one of the two competent forums. there cannot be estoppel as against provision of constitutional law. the legality and validity of forum ..... technical (operation) on 30 january, 2016 and by a communication of the same date rites was instructed to open the bids and award the contract. it was only thereafter i.e. on 1 february, 2016 that the appellants advocate sent a representation to rites seeking opening of the financial ..... 2015 the technical bids were evaluated by rites. jhajharia was held to be technically disqualified since it submitted documents showing that it had performed certain contracts with ksk mahanadi power company limited. however, it did not submit any documents to show that ksk mahanadi power company limited was listed in a ..... consideration in the present appeal i.e., whether or not jhajharia met the requirements of clause 2(a) of nit under the heading qualifying criteria works contracts .. clause 2(a) of the nit pertaining to work experience and in so far as relevant for the present purpose is reproduced hereunder:- (ii .....

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Apr 11 2016 (HC)

Tarun Kumar Ghose and Ors. Vs. The Credit Union Cooperative Enterprise ...

Court : Kolkata

Decided on : Apr-11-2016

..... have protection under the west bengal premises tenancy act, 1956, such protection cannot be extended to the sub-tenant. there is no privity of contract between the superior landlord and the sub-tenant. in the instant case, the applicant itself asserts his right as a sub-tenant and claims protection ..... express bar against the landlord to assent in continuance of the possession by acceptance of the rents provided such assent is justifiably inferred on an express contract or by conduct of the parties. the division bench of this court in case of shila roy choudhury & ors.-v- nimai c. rakshit reported ..... it indicating the period depending upon the nature of the lease. section 108 indicates the rights and liabilities of lessor and lessee subject to the contract or local usage to the contrary. two clauses under rights and liabilities of the lessee under the said section are relevant for the instant purposes. ..... statement, the judgement-debtor stated that the rents were received even after the expiry of lease and, therefore, there was a novation of a contract by holding over and such tenancy is protected under the west bengal premises tenancy act, 1956. a compromise was affected between the decree-holder and ..... too in violation of the clear prohibition reserved in the registered deed of lease. it is further stated that there is no privity of contract between the decree holder and the applicant either by acceptance of the rent or otherwise. there was no agreement between the predecessor-in-interest .....

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Feb 02 2016 (HC)

Mundial Export Import Finance (P) Ltd. Vs. Commissioner of Income Tax ...

Court : Kolkata

Decided on : Feb-02-2016

..... whether the compensation paid can be allowed as a deduction. it was held that the compensation paid by the assessee was on account of breach of contract which does not fall within the category of payment of penalty for breach of any law but would be a compensation for breach of contractual obligation ..... that expenditure expediency. was necessitated or justified by commercial 12. whenever certain damages are to be paid by an assessee for the breach of a contract, such damages are treated to be normal incidences of business. for allowability as a deduction, a claim for damages is to be tested on the ..... of the act. in the aforesaid case the assessee had entered into an agreement with a german firm for supply of certain goods. the said contract did not fructify, as the assessee did not have the requisite import license for the material intended to be imported. on a dispute being referred to ..... purpose of business. he further contended that breach of contract in this case was user of the adjacent land for the purpose of business for which the assessee had to pay damages in the nature ..... hence such expenditure cannot be allowed as a deduction. mr.chakraborty learned advocate for the appellant contended that payment of damages is for breach of contract and not on account of any infraction of law and, therefore the same is admissible as expenses having been spent fully and exclusively for the .....

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Apr 25 2016 (HC)

Steel Authority of India Ltd. Vs. Htc Engineering (1958) Private Ltd.

Court : Kolkata

Decided on : Apr-25-2016

..... air2008sc456& hindustan zinc ltd. vsfriends coal carbonisation reported in (2006) 4 scc445 he succinctly argues that the arbitrators cannot take an external aid and borrow something beyond the contract in arriving at the conclusion. on the scope of the challenge under section 34 of the arbitration and conciliation act, 1996 the reliance is placed upon a judgment of ..... india limited vs hartford fire insurance company limited reported in air1965sc1288 mr. chatterjee audaciously submits that although the arbitrators are the authority for interpretation of the terms of the contract but the regard must be given to each of the expressions given therein and any omission to consider the expressed terms given in the agreement would amount to acting ..... rs. 15,42,98,768/- under various heading viz. non-supply of payments and assured quantity of material for handling, wrongful detention of machineries, imposition of liability for excess contract labourers, non-payment of the outstanding bills, refund of scrutiny deposit and performance guarantee and interest. several issues were framed by the arbitrator which are jotted down as under:- ..... the award which is further challenged before the division bench of this court and the matter is still pending. (x) after the expiration of the initial term of the contract, the petitioner unilaterally extended the period for one year and the present arbitration proceeding was initiated relating to the dispute arose during the said extended period. (xi) the present .....

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Apr 28 2016 (HC)

The Bengal Chamber of Commerce and Industry Vs. Indian Jute Mills Asso ...

Court : Kolkata

Decided on : Apr-28-2016

..... the landlord has assented to lessee continuing in possession as a tenant. 16. the basis of section 116 of the transfer of property act is a bilateral contract between the erstwhile lessor and erstwhile lessee. therefore, to create a new tenancy, there must be a bilateral act. there must be an offer of accepting ..... . if the said section is read harmoniously in juxtaposition with the other sub-section, it can be safely said that the expression in absence of a contract to the contrary has its applicability in relation to the period of notice and has nothing to do on the duration of lease. furthermore, there is no ..... section 106 of the transfer of property act and i do not feel there is any ambiguity in this regard. the expression in absence of a contract to the contrary appearing under section 106 of the transfer of property act cannot be extended to the duration of a lease as suggested by mr.deb ..... passed in such suit. on the interpretation of section 106 of the transfer of properties act, mr.mitra, contends that the expression in absence of a contract to the contrary is relatable to the period of notice having no nexus and/or connection with the duration of a lease, as suggested by mr.deb. ..... mr.deb, learned senior advocate for the defendant vehemently submits that section 106 of the transfer of property act which starts with a sentence in absence of contract of local law or usage to the contrary clearly denotes that it not only applies to a duration of a lease but also the period of notice .....

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Jul 20 2016 (HC)

Srei Equipment Finance Limited Vs. M/S. Essar Project (India) Limited

Court : Kolkata

Decided on : Jul-20-2016

..... be initiated before the arbitrator under the agreement. the principal grievance of the petitioner appears to be that there is a breach of contract. case of a breach of contract, three places would have in the jurisdiction namely, where the contract is entered into, performed or where the breach has taken place. in view of the fact that the master facility agreement was .....

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May 05 2016 (HC)

Shri Badrinarain Alloys and Steels Ltd. Vs. Biel Hirjee and Anr.

Court : Kolkata

Decided on : May-05-2016

..... nexus and/or co-relation with the cause of action. he, thus, submits that once the parties have agreed to rescind and/or cancel the contract, such contract does not survive in the eye of law and, therefore, the suit based thereupon is liable to fail on account of nondisclosure of cause of ..... a loss and damages suffered by the plaintiff which is independent one and, therefore, it cannot be said that it is purely based upon the contract. a distinction must be drawn between the facts required to be pleaded and the material facts constituting the cause of action. the theory of material ..... relied upon by the defendant in the above cited report has any relevance in the present context. as indicated above, though the factum of contract between the parties are stated in the plaint but the entire claim is based upon non-providing the password and the other configuration which resulted into ..... cheshire calls empirical grounds . it makes a large inroad upon the concept of consensus, a meeting of minds which is the basis of information of a contract. it would be futile, however, to enter upon an academic discussion, whether the exception is justifiable in strict theory, and acceptable in principle. the ..... the plaintiff through the said defendant no.1, the plaintiff has to suffer and a meeting was held on 11th november 2014 wherein the second contract and the connected services were agreed to be terminated with immediate effect and the restoration of the mailbox services was refused to be done unless .....

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May 05 2016 (HC)

Shri Badrinarain Alloys and Steels Ltd. Vs. Niel Hirjee and Anr.

Court : Kolkata

Decided on : May-05-2016

..... nexus and/or co-relation with the cause of action. he, thus, submits that once the parties have agreed to rescind and/or cancel the contract, such contract does not survive in the eye of law and, therefore, the suit based thereupon is liable to fail on account of nondisclosure of cause of ..... a loss and damages suffered by the plaintiff which is independent one and, therefore, it cannot be said that it is purely based upon the contract. a distinction must be drawn between the facts required to be pleaded and the material facts constituting the cause of action. the theory of material ..... relied upon by the defendant in the above cited report has any relevance in the present context. as indicated above, though the factum of contract between the parties are stated in the plaint but the entire claim is based upon non-providing the password and the other configuration which resulted into ..... cheshire calls empirical grounds . it makes a large inroad upon the concept of consensus, a meeting of minds which is the basis of information of a contract. it would be futile, however, to enter upon an academic discussion, whether the exception is justifiable in strict theory, and acceptable in principle. the ..... the plaintiff through the said defendant no.1, the plaintiff has to suffer and a meeting was held on 11th november 2014 wherein the second contract and the connected services were agreed to be terminated with immediate effect and the restoration of the mailbox services was refused to be done unless .....

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