Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 2016 Page 2 of about 51 results (0.015 seconds)

Dec 01 2016 (HC)

Coal India Ltd. Vs. M/S. Paul Builders

Court : Kolkata

Decided on : Dec-01-2016

..... constructions reported at (2003) 7 scc396and followed in subsequent decisions. the court will not judge the reasonableness of a particular interpretation accorded by the arbitrator to the terms of the contract. even an error in interpretation, unless patently illegal, will only amount to an error within the jurisdiction of the arbitrator. in bharat coking coal ltd.(supra) the hon ble ..... quantification of compensation, if any, payable to the contractor by reason of delay in performance of the contract. this aspect of the matter was considered in general manager, northern railway versus sarvesh chopra reported at (2002) 4 scc45in paragraph 15 which reads: 15. in our country question ..... to escalation and such claim on account of escalation could not be denied by referring to the clause in the tender which can only operate during the period of the contract and not for the extended period. there cannot be any dispute that there has been prolongation of the work beyond original contractual stipulated period. the question essentially is the ..... may be) confirming that he has received the payment in full and final satisfaction of all claims.and he has no outstanding claim, that amounts to discharge of the contract by acceptance of performance and the party issuing the discharge voucher/certificate cannot thereafter make any fresh claim or revive any settled claim. nor can he seek reference to arbitration .....

Tag this Judgment!

Nov 28 2016 (HC)

Artistery House Private Limited Vs. Export Exchange and Ors.

Court : Kolkata

Decided on : Nov-28-2016

..... , 1882. the notice is dated september 3, 2013. section 106 of the said act provides as follows : 106. duration of certain leases in absence of written contract or local usage in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from ..... upon by the learned senior counsel appearing on behalf of the appellant, the relevant portions of which have been extracted supra, the contract between the parties must be in relation to a valid contract for the statutory right under section 106 of the act available to a lessor to terminate the tenancy at a notice of 15 days to ..... such tender or delivery is not practicable) affixed to a conspicuous part of the property. as to what can be a contract to the contrary, within the meaning of section 106 of the act, one has to remember that a contract is an enforceable agreement. section 107 of the said act mandates that a lease of an immovable property for any term ..... the agreement cannot be permitted as the same is wholly contrary to the express provisions of the law. the phrase contract to the contrary in section 106 of the act cannot be read to mean that the parties are free to contract out of the express provision of the law, thereby defeating its very intent. as is evident from the cases relied .....

Tag this Judgment!

Nov 28 2016 (HC)

Tata Steel Limited Vs. Lindsay International (P) Ltd.

Court : Kolkata

Decided on : Nov-28-2016

..... was subdivided in three heads, namely, i) contravention of substantive law of india; ii) contravention of arbitration and conciliation act, 1996; iii) contravention of the terms of the contract. the hon ble supreme court in associate builders (supra) had taken into consideration the object and reason for introduction of the 1996 act and observed that the said act was ..... the machines were simply not capable of being commissioned or erected. it was held by the arbitrator that the two machines were incapable of achieving optimum output of the contract and even after one and half month s supervision and direction by the competent engineers duly authorized by itl, the manufacturers.the petitioner failed to substantiate with any evidence ..... , where mr.naik has categorically admitted that the machines were not manufactured in conformity with the agreed specifications and that they did not perform as was contemplated by the contracting party. the arbitrator on assessment of the evidence arrived at a finding that the claimant has adduced uncontroverted evidence which confirm that in spite of every effort by the ..... arbitrator to adjudicate upon the disputes and difference between the parties. the respondent as claimant in the arbitration proceeding has made the following contention:- a) the respondent-claimant under a contract dated december 26, 2000 agreed to sell to ispat karmet kazakhstan, one pipe end facing & chemfering machine, model no.efm. 4(l) single tube and one single pipe .....

Tag this Judgment!

Apr 11 2016 (HC)

P.C. Chandra and Sons (India) Pvt. Ltd. Vs. Union Bank of India

Court : Kolkata

Decided on : Apr-11-2016

..... these words are very clear, there is very little for the court to do about it. the letters exchanged between the parties do not indicate that there was a concluded contract for renewal as the petitioner ultimately showed its intention not to agree on the terms and conditions suggested by the respondent. notice under section 106 of the transfer even if .....

Tag this Judgment!

May 20 2016 (HC)

Angel Distribution Co. Pvt. Ltd. and Anr. Vs. Kotak Mahindra Bank Ltd. ...

Court : Kolkata

Decided on : May-20-2016

..... the constitution is not intended to facilitate avoidance of obligations voluntarily incurred."of course, where there is a statutory violation, interference would be permissible even in the case of a contract but not where the relevant facts are disputed and which dispute calls for an elaborate enquiry which cannot be conveniently done by the high court in a writ petition. .14 ..... go into or adjudicate upon the disputed questions of fact. yet another principle which has been repeatedly affirmed by this court is that a person who solemnly enters into a contract cannot be allowed to wriggle out of it by resorting to article 226 of the constitution. this court has also repeatedly emphasized the inadvisability of making interim orders which have .....

Tag this Judgment!

Aug 18 2016 (HC)

M/S. Rotomac Electricals Pvt Ltd. Vs. Union of India

Court : Kolkata

Decided on : Aug-18-2016

..... 34 of the arbitration and conciliation act, 1996. in the instant case, it cannot be said that the tribunal has disregarded the terms of the contract or the said award is based on no evidence. although the tribunal has allowed a sum of rs.34,57,627/- on principles of natural justice ..... the evidence. it is trite that the conduct of the parties would be a relevant factor in the matter of construction of the contract. the construction of the contract agreement is within the jurisdiction of the arbitrators having regard to the wide nature scope and ambit of the arbitration agreement and they cannot ..... with the overriding gap of 24 months. it is submitted that clause 4 of the letter of acceptance and special terms and conditions of the contract would override any general terms which would speak otherwise and dealing with the same issue. this submission was made as a rebuttal to the stand ..... of letter of acceptance. the dispute arose when the metro railway authorities imposed penalty and have invoked the bank guarantee due to non-performance of the contract. the tribunal has considered the matter on merits. on the basis of the evidence adduced by the parties in the proceeding, the tribunal has arrived ..... ii) entire work shall be completed in d + 24 months. the arbitral tribunal has proceeded on the basis that the time was the essence of contract and the petitioner having failed to do the entire work within the stipulated period of 24 months has committed a breach and thereby is not entitled to .....

Tag this Judgment!

Dec 08 2016 (HC)

Pam Developments Private Ltd. Vs. Union of India and Ors.

Court : Kolkata

Decided on : Dec-08-2016

..... be accorded the same weight as when used in a more considered way in more appropriate settings. it is often appropriate in building and engineering contracts to imply a term by lay as a matter of business efficacy that the contractor would proceed with the reasonable diligence and expedition. even if ..... work, the question of loss of business could not and does not arise. the claim for interest was also rejected on the ground that the contract stipulation does not provide for payment of interest on security. in so far as the counter-claim is concerned a nil award was passed. the ..... it was found that the remuneration of engineers and supervisor were calculated and included in the cost of site establishment. the special conditions of the contract provides that rates should be inclusive of materialisation and dematerialization of site of work. the petitioner is the custodian of the materials and the railway ..... claims except the amount of work executed as per tender schedule as demanded by the claimant legally not tenable in terms of the conditions of the contract. the respondent in paragraph 8 of the counter-statement has given their remarks item wise of the claim made by the claimant which reads:item ..... court: this is an application for setting aside of an award dated 30th december, 2015 passed by the sole arbitrator. the petitioner was awarded a contract as a successful tenderer for development works for building/rehabilitation on the rcc box br. no.262 (12 x 3.66 in arch) up and .....

Tag this Judgment!

Mar 14 2016 (HC)

R.A.V. Dravya (P) Ltd. Vs. Concast Global Ltd.

Court : Kolkata

Decided on : Mar-14-2016

..... could not have been adjusted against the claims relating to the supplies in question. the judgment in union of india versus raman iron foundry reported in (1974).scc231which interprets the contract concerned, is also distinguishable on facts and has no application in this case for the same reason. ms.chakraborty argued that the respondent companies cannot seek to set off supplies ..... .m. kamaludin ansari and co.versus union of india & ors., reported in (1983) 4 scc417 cited by ms.chakraborty, the hon ble supreme court interpreted clause 18 of the concerned contract. the judgment was rendered in the particular facts of the case. a judgment is a precedent for the issue of law that is decided. there is no issue of law ..... in the absence of any contract, has no application to the instant case as no lien has been claimed in respect of goods by way of security. moreover, the respondent companies claim that there is an ..... also a matter which is to be decided on evidence. an agreement is not necessarily always in writing. oral agreements, if proved, are enforceable in law. section 171 of the contract act which specifically empowers bankers.factors.wharfingers.attorneys of high court and policy brokers to retain as security for a general balance of account, any goods bailed to them, even .....

Tag this Judgment!

Jun 14 2016 (HC)

Star Vincom Private Ltd. Vs. K.L. Commercial(P) Ltd.

Court : Kolkata

Decided on : Jun-14-2016

..... the argument has reached its peak when attention is drawn to an agreement, more particularly, clauses 6 and 7 thereof which provide that time is not the essence of a contract and it is only in the event the vendor, that is, the respondent herein has failed to complete the sale, the liability to pay interest would arise and, therefore, whatever .....

Tag this Judgment!

Sep 15 2016 (HC)

Dhansar Engineering Co. Pvt. Ltd. and Anr. Vs. The New India Assurance ...

Court : Kolkata

Decided on : Sep-15-2016

..... , 2016 debangsu basak, j.:- two writ petitions involving similar issues are taken up for hearing analogously. the petitioner essentially seeks a declaration that the repudiation of the claim under a contract for insurance is wrong and that the petitioner is entitled to the amount assessed by the surveyor, at the least. w.p.no.1135 of 2015 is taken up for ..... .v.export credit guarantee corporation of india ltd.& ors.) in support of his contentions. none appears for the respondents. the petitioner as an owner of an excavator had obtained a contract of insurance with the respondent no.1. the excavator was employed with regard to a tender of bharat coking coal limited (bccl) and at a coal mine for the purpose ..... be looked into under article 226 of the constitution of india and that, if the facts require oral evidence, it can be taken. a repudiation of a claim under a contract of insurance was under consideration there. in the present case, the court has to find out that, whether triable issues have been raised by the insurance company in the letter .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //