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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 2016 Page 4 of about 51 results (0.060 seconds)

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 .....

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Aug 24 2016 (HC)

M/S. Rangali Agrotech Pvt. Ltd. and Ors. Vs. Smt. Gayatri Devi Poddar ...

Court : Kolkata

Decided on : Aug-24-2016

..... and the notice issued under section 21 of the act specifically refers to the agreement whose existence is now being denied. the respondent having not raised the plea that the contract is null and void and/or has been fraudulently obtained could not at this stage raise objection with regard to the existence of the arbitration clause. in this regard, the ..... of the matter. the arbitration is consensual. a claim founded on the agreement containing arbitration clause if it is a product on fraud vitiates the contract and an award passed on the basis of such fraud contract is nullity. however, the court in an application for setting aside of the award cannot go into the question as it was open to the .....

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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 .....

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Mar 09 2016 (HC)

Abhishek Bagaria Vs. Sushil Kumar Bagaria and Ors.

Court : Kolkata

Decided on : Mar-09-2016

..... in 1985. the suit was filed in 1992. counsel argued that article 54 of the limitation act, 1963 prescribes the period of limitation for a suit for specific performance of contract, which is three years from the date fixed for performance, or if no such date is fixed, three years from the time of refusal to perform. counsel argued, and rightly .....

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Mar 16 2016 (HC)

Indra Kumar Agarwal and Ors. Vs. Suresh Kumar Gupta and Ors.

Court : Kolkata

Decided on : Mar-16-2016

..... premises. the agreement could not have specifically been enforced by any one brother to the exclusion of the others.not if the landlords were unwilling to agree to a new contract. we are of the view that the agreement of 1975 was no longer specifically enforceable as on the date on which suit no.850 of 1982 was filed. the plaintiffs .....

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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 .....

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Sep 14 2016 (HC)

Dr. Jayanta Kumar and Ors. Vs. Astha Nursing Home Private Limited and ...

Court : Kolkata

Decided on : Sep-14-2016

..... of the power in question would conflict with the promises the parties had exchanged, and it was not necessary that such promises should be independently enforceable as a matter of contract. in view of the shareholding of the respondent no.1 company, even prior to the issuance and allotment of the said 5776 shares, there can be no doubt whatsoever that .....

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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 .....

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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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Oct 04 2016 (HC)

Sanjay Jain Vs. Raj Kumar Saha and Anr.

Court : Kolkata

Decided on : Oct-04-2016

..... dates when such transfer of cassettes took place, there was no order of court restraining the respondents from doing so. whether or not such transfer was in breach of the contract between the petitioner and the respondents is a different question altogether which does not warrant consideration in this proceeding, but it cannot be held that such transfer was in violation .....

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