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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 2017 Page 1 of about 33 results (0.018 seconds)

Aug 22 2017 (HC)

Sleepwell Industries Co. Ltd. Vs. Lmj International Ltd.

Court : Kolkata

Decided on : Aug-22-2017

..... , perhaps because the bank rightly rejects them, but the buyer nonetheless obtains the goods. he may, for example take delivery from the vessel without bills of lading by giving an indemnity to the shipowner. an equivalent result may obtain by reason of a fraudulent scheme devised by the buyer. he may for example have ensured that the letter of credit demands ..... analysis latest 14 days after that message dated 5th february, 2011, therefore, latest 20 february, 2011. . the aforesaid finding, in my view, is in the realm of the interpretation of contract and passed on appreciation of evidence. this finding cannot be interfered with in this proceeding. the findings are not opposed to justice or morality or contrary to the public policy ..... observations of the division bench in this regard are: the intention of the parties to have their disputes resolved by arbitration cannot be doubted. the parties have entered into such contract with their eyes wide open. they have decided that all disputes are to be resolved, adjudicated and decided by arbitral tribunal to be constituted under the gafta rules. the principal ..... of indian law; ii) patent illegality going to the root of the matter; iii) wednesbury principle of reasonableness; iv) natural justice; v) non-judicial approach; vi) against terms of the contract. in this regard reliance has been placed on the decisions of the hon ble supreme court in associate builders vs. delhi development authority reported at 2015 (3) scc49paragraphs 40 to .....

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Apr 25 2017 (HC)

Carbon Management Consulting Private Limited Vs. Yash Paper Limited

Court : Kolkata

Decided on : Apr-25-2017

..... 1 supreme court cases 286 has been made and the observation made in paragraph-21 has been reproduced thus: 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 other courts should avoid exercising jurisdiction. as regards construction of the ouster clause when words ..... before the hon ble supreme court was whether in view of clause 18 of the consignment agency agreement the calcutta high court had exclusive jurisdiction. it has been held when contract specifies jurisdiction of courts at a particular place and such courts have jurisdiction to deal with said matter, inference is that parties intended to exclude all other courts. per hon ..... was issued subject to the conditions thereinafter set out (which included the condition in question) and at the foot a printed request to the passenger to read carefully the above contract. neither the pursuer nor his clerk was aware of the conditions: held, that the defenders had taken all reasonable steps to bring to the knowledge of the pursuer the ..... learned counsel for the plaintiff/opposite party submitted that the plaintiff has rendered intellectual service to the defendant from kolkata following mutual discussion which ultimately culminated into execution of the contract dated 27th august, 2005 in kolkata. that the shipments of large quantities of documents to the defendant to the authorities in charge of validating the project and the belgian .....

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Jan 31 2017 (HC)

M/S. Ambo Exports Limited Vs. M/S. Narasu’s Exports and Another

Court : Kolkata

Decided on : Jan-31-2017

..... by electronic mail and letter which the defendants received and opened at their said office in salem, tamil nadu, and the performance of the contract of agency was to be done in russia and the commonwealth of independent states, none of which is within the ordinary original civil jurisdiction ..... disposed of. issue nos.10 & 11 both issues are interlinked, hence taken up together. in view of the findings above for no concluded contract between the parties based on the agreement dated 11th may, 2005 and for no proof of primary document showing the ledger containing statement of commission ..... about insertion and deletion of certain terms to a proposed agreement, then there cannot, without incorporation of the said changes, be any concluded contract as from the correspondence aforesaid it would be amply clear that the defendants did not accept the draft of the proposed supplementary agreement and were ..... mr.aniruddha mitra learned advocate for the defendants that the document fashioned as agreement dated 11th may, 2005 is lacking the essentials of a contract being consensus ad idem, i.e., meeting of minds between parties and as such is not enforceable under law. it is specifically submitted that ..... of convenience in discussion and for brevity. the question which basically falls for consideration before this court is as to whether there was concluded contract being agreement dated 11th may, 2005 exbt.-c pertaining to commission and other charges payable to the plaintiff by the defendant no.1 for .....

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Aug 29 2017 (HC)

Lmj International Ltd. Vs. Sleepwell Industries Co. Ltd. and Anr.

Court : Kolkata

Decided on : Aug-29-2017

..... pendency of the suit. in the interlocutory proceeding, there is a clear finding by justice dipankar datta that the parties have signed the contract which contains the arbitration agreement. the division bench while affirming the order has observed that the impact of the arbitration on the suit ..... civ 1282, [2008]. lloyd s rep 239). in such cases the law governing the arbitration agreement will be different from the law governing the substantive contract. in deutsche schachtbau v. shell international petroleum co. ltd. [1990]. 1 a.c. 295 it was held that an arbitration agreement providing for ..... permissible to look at the arbitration agreement in isolation; regard should be had to the surrounding circumstances, including the law governing the substantive contract. nevertheless, the law of the seat of the arbitration will apply if the circumstances point to an implied intention to choose the law ..... a declaration that there is no agreement between the plaintiff and the defendant no.1 to refer any dispute arising out of the said contract dated 25th october, 2010 to arbitration either as per gafta125in london or otherwise. in the suit, an interlocutory application was filed in which ..... a) and (b) cannot be granted, the disputes in the instant suit be referred to arbitration in accordance with the arbitration agreement contained in the contract dated 25th october, 2010 contained in annexure b . hereof; (d) injunction restraining the plaintiff from taking any steps and/or further steps in the .....

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May 11 2017 (HC)

Shirin Foods Limited and Anr. Vs. Kolkata Municipal Corporation and Or ...

Court : Kolkata

Decided on : May-11-2017

..... day. according to the corporation, since they cannot operate and maintain the modern abattoir involving large human resources and the finance, a policy decision has been taken to award the contract for such purposes through an open tender process. there is no difficulty which this court can see on such policy decision of the corporation but the question still lies and ..... be real and rational and not suggestive of discrimination. the state or its instrumentality has a freedom to take a policy decision and fix the terms and conditions of the contract provided it does not offend article 14 of the constitution of india or the other rights guaranteed under the constitution. i am not oblivion of the proposition of law that ..... any municipal market, slaughter-house or stockyard or any portion thereof so called may be disposed of as the property of the corporation. it is trite to say that the contracts by the corporation must be normally granted through public auction/tender inviting eligible persons to participate therein and the same should be advertised in any medium of circulation indicating the ..... choice or decision is sound . when the power of judicial review is invoked in matters relating to tenders or award of contracts, certain special features should be borne in mind. a contract is a commercial transaction. evaluating tenders and awarding contracts are essentially commercial functions. principles of equity and natural justice stay at a distance. if the decision relating to award of .....

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Apr 20 2017 (HC)

Saregama India Limited Vs. Whackedout Media Pvt. Ltd. and Anr.

Court : Kolkata

Decided on : Apr-20-2017

..... merely to because be a done over person has embarked upon an e-commerce business model, the tests which apply for determination of issues, such as when and where the contract is made, or whether the vendor carries on business at the place where the merchandise may be sold, or service may be offered, would not change and would be the .....

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Jun 28 2017 (HC)

Braithwaite Burn and Jessop Construction Co. Ltd. Vs. Indo Wagon Engin ...

Court : Kolkata

Decided on : Jun-28-2017

..... by justice gp singh,14th edition) if rights created in favour of any person, whether they are property rights or rights arising from a transaction in the nature of a contract or rights protected under a statute, are to be taken away by any legislation, then that legislation will have to say so specifically by giving its provision a retrospective effect ..... . it was held that it was not retrospective. parke, b. said: "it seems a strong thing to hold that the legislature could have meant that a party who under a contract made prior to the act, had as perfect a title to recover a sum of money as he had to any of his personal property, should be totally deprived of ..... jurisprudence has suggested that a three-fold approach is possible while scrutinizing substantive jurisprudence and procedural jurisprudence. it is stated: in the firs.place it is even found that a contract can be proved only by writing. this is usually regarded as a rule of evidence and therefore procedural. but the corresponding rule of substantive law is that a ..... contract is void in certain cases unless reduced to writing. substantive law. that is secondly, conclusive presumption, as distinguished from rebuttable presumption although appears in the garb of procedure, yet it .....

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Sep 14 2017 (HC)

(Deceased) Vs. The State of West Bengal and Ors.

Court : Kolkata

Decided on : Sep-14-2017

..... on the question whether the municipal commissioner could under section 352(a) of the cmc act, 1980 straghtway compulsorily acquire any land by giving notice to owner / occupiers also in contract newspapers and pay compensation under section 363(3) of the act. the former ch. mpl. law officer had referred the question to mr.p.k.ghoah senior advocate for his .....

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Feb 17 2017 (HC)

Lindsay International Pvt. Ltd. and Ors. Vs. Laxmi Niwas Mittal and Or ...

Court : Kolkata

Decided on : Feb-17-2017

..... agreements. some of the clauses of the agreement were amended on 29th february, 2016 which permits arcelormittal company to take alternative direct offer if an offer or contract presented by lindsay to an arcelormittal company is not technically satisfactory or commercially competitive. a new article 2.22 was introduced which reads: lindsay may source products ..... and/or services to arcelormittal companies registered, or conducting business, outside india and unless it prejudices the policy of arcelormittal company of providing a simple point of contract to all key suppliers.contractors and service providers of the arcelormittal group, the arcelormittal companies would not issue duplicate rfqs to lindsay and to suppliers or service providers ..... no.1 to the shareholders agreement dated 21st january, 2010 and submits that the said clause permits arcelormittal companies to take alternative direct offer if an offer or contract presented by lindsay is not technically satisfactory or commercially competitive. since no such situation has arisen, the arcelormittal companies could not be directly negotiated with the suppliers ..... of the affirmative stipulation. the affirmative stipulation does not of itself imply a negative stipulation to do nothing inconsistent with it. there must be something in the contract apart from the affirmative stipulation from which the negative stipulation can be spelt out by necessary implication. in support of the aforesaid argument, the learned senior counsel .....

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Mar 07 2017 (HC)

Greatwall Vanijya Ltd. Vs. Bengal Waterproof Ltd. and Ors.

Court : Kolkata

Decided on : Mar-07-2017

..... in the agreement is extended mutually even in absence of any stipulation in this regard in the agreement, such time cannot be an essence of a contract. it would not be proper for this court to delve into these questions at the interlocutory stage when both the parties are at variance on extension ..... been named neither is the surveyor appointed without whose certificate, question of any payment would not arise can it still be said that time was the essence of the contract?. in our view the answer cannot but be a positive no .. . in mcdermott international inc. vs- burn standard co. ltd. & ors. reported in (2006 ..... : 27. mere fixation of a period of delivery or a time in regard thereto does not by itself make the time as the essence of the contract, but the agreement shall have to be considered in its entirety and on proper appreciation of the intent and purport of the clauses incorporated therein. the ..... the proposition that the time was not the essence of a contract, which would be corroborated by the fact that in fact the time was extended. in support of the aforesaid contention he placed reliance upon a judgment ..... that the time limit indicated in the said mou to buy back the shares issued to gvl to secure the loan is not the essence of the contract as the parties subsequently extended the time. according to him, the conduct of the parties during the transaction is one of the relevant factors for .....

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