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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 2016 Page 3 of about 51 results (0.031 seconds)

Apr 12 2016 (HC)

Gemini Goods and Dealers Pvt. Ltd. Vs. Hitech Engineers and Ors.

Court : Kolkata

Decided on : Apr-12-2016

..... the paragraphs 22 and 23 of the said report which runs thus : 22. order 39, rule 2 refers to a suit for restraining the defendant from committing a breach of contract or other injury of any kind and thus, a simple suit for recovery of an ascertained amount of money for non-payment of the dues for the construction-work already .....

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Feb 25 2016 (HC)

Sudipta Banerjee Vs. Ashis Kumar Sen and Anr.

Court : Kolkata

Decided on : Feb-25-2016

..... which constraint the defendants to promptly react taking a plea that the admission should not only be clear and unambiguous but an unconditional too. admittedly the parties entered into the contract for making a construction on a property owned by the defendants. certain disputes cropped up between the parties and negotiations were made on the bill submitted by the plaintiff for .....

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Jul 19 2016 (HC)

Godrej Projects Development Pvt. Ltd. Vs. Simoco Telecommunications (S ...

Court : Kolkata

Decided on : Jul-19-2016

..... part of the later agreement. it is clear that the parties intend to incorporate the referred document, that is the agreement dated 28th december, 2007 in its entirety into the contract which contains the arbitration clause. under such circumstances, the objection with regard to the absence of an arbitration clause in the later agreement dated 30th march, 2009 is unsustainable. under .....

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Jul 19 2016 (HC)

M/S. Shyam Sel Ltd Vs. Deputy Commissioner of Income Tax, Cc Xiii, Kol ...

Court : Kolkata

Decided on : Jul-19-2016

..... deductible if the purpose of such payment is an offence or is prohibited by law. for better understanding of the issue, reference may be made to section 24 of the contract act, which provides as follows:- 24. agreements void, if considerations and objects unlawful in part.- if any part of a single consideration for one or more objects, or any one .....

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Apr 07 2016 (HC)

Mohammad Iqbal Pariyani and Ors. Vs. Speed Auto Service (Private) Limi ...

Court : Kolkata

Decided on : Apr-07-2016

..... the provisions contained under order 37 of the code of civil procedure. the only distinction which can be deciphered from the aforesaid provision is that the suit on an implied contract is maintainable under chapter xiiia which is not permissible under order 37 of the code. in celebrated judgment of this court rendered in the case of sm. kiranmoyee dassi versus ..... within itself not only the suit in which the plaintiff seeks to recover a debt or liquidated demand in money with or without interest arising on an express or implied contract or on an enactment or on a guarantee or on a trust but for the recovery of the immovable property with or without a claim of mesne profits if the .....

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May 19 2016 (HC)

Harsh Vardhan Lodha and Ors. Vs. Ajay Kumar Newar and Ors.

Court : Kolkata

Decided on : May-19-2016

..... of the company cannot be exercised by the prompters and/or the promoter group in derogation of the provision of the companies act and/or the contract contained in the articles of associations. the companies act, 2013 has defined the expressions control . and the promoter in section 2(27) and ..... interest where the extent of the shareholdings enables the shareholder to control the management. shares, and the rights which emanate from contract then flow together and cannot be dissected. in fact, shares in a company consist of a congeries of rights and liabilities which are a ..... in the voting powers of its shareholders and shares represent an interest of a shareholder which is made up of various rights contained in the contract embedded in the articles of associations. it was also held therein that the right of a shareholder may assume the character of a controlling ..... this application and he invites the court to pass interim order of injunction for restraining harsh vardhan lodha and b.c.l from executing such contract and/or from acquiring these four units of the cement manufacturing company until the court takes a decision on the viability of such proposed business ..... in the voting powers of its shareholders and the shareholders holding a controlling interest can determine the nature of the business, its management, enter into contract, borrow money, buy, sell or merger of the company. it was also held that the shares in a company may be subject to premiums .....

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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 .....

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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 .....

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Dec 07 2016 (HC)

Union of India Vs. Plazer Machine Craft Pvt. Ltd.

Court : Kolkata

Decided on : Dec-07-2016

..... submitted that in view of clause 2400, the awarding of interest on the security amount is without jurisdiction inasmuch as the arbitrator could not have disregarded the expressed bar in contract against the claim for interest on such security amount. in this regard, the learned counsel has referred to the following decisions:i) m/s. sree kamatchi amman constructions ..... ) arb. lr286 in the instant case the gm, eastern railway is the appointing authority to appoint an arbitrator in terms of clause 2900 of indian railway standard conditions of contract. the expression 11(6) of the arbitration & conciliation act, necessary measures mean the chief justice is to enforce and compel the authorities to make an appointment. the respondent ..... l97/letter/555fff/11815 dated 20-02-98. --------------------------------please refer your letter under reference regarding referring the dispute to the arbitration as per the general and special conditions of contract. the matter has been very thoroughly examined by the competent authority in consultation with eastern railway s legal adviser as well as joint secretary of ministry of law and ..... conciliation act, 1996. the petitioner initially requested the appointing authority by a letter dated 2nd february, 1998 to appoint an arbitrator in terms of clause 2900 of the aforesaid contract. the appointing authority, however, by a communication dated 19th may, 1998 refused to appoint the arbitrator on a plea that after the matter was thoroughly examined by the .....

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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 .....

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