Court : Kolkata
Decided on : Apr-05-2006
Reported in : (2006)3CALLT346(HC)
..... may undertake a separate liability on a collateral or separate contract. a contract of indemnity is of course a specialized form of such a contract. consideration could if necessary be found by the entry into the main contract with the principal. examples of such contract are found in the case of breach of warranty of ..... supply corporation ltd. v. korea foreign transportation corporation and anr. reported in : air2002cal211 is not applicable as that case factually is based on a contract for carriage of goods entered into by the agent of the principal, and both the principal and agent sued. at the time of the trial ..... effective adjudication of the suit without claiming any relief. similarly, the agent can not enforce on behalf of the principal in relation to the contract entered into on behalf of the principal, who can enforce while doing it can join the agent as party plaintiff in the suit without ..... is guilty of breach of contractual obligation, tort and negligence. in particular, it has been pleaded in paragraph 15(b) that there was a contract or agreement between the plaintiff and defendant no. 1 as will be evidenced, inter alia, from the facts stated hereinbefore and/or from the conduct ..... a whole. it would appear therefrom that the plaintiff has several causes of action in the suit which includes inter alia, misrepresentation, breach of contract of carriage, breach of duty of care owed to the plaintiff, conversion of the goods and negligence. the plaintiff has also pleaded that the .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-21-2006
Reported in : 2006(3)CHN433
..... ,8. sri sen and sri mallick firstly took serious objections to the tenability of these writ petitions. according to both the learned senior counsels, present contracts were non-statutory contracts. admittedly, the contracts were already entered into by both the parties and they were being worked also. according to the learned counsel, the exercise on the part of coal ..... with reference to the particular action. it was further held therein that where the state assurnes itself the ordinary role its rights and liability should be tested as an ordinary contracting party.15.1 sri sen also relied heavily on the other cases, namely : air1996sc3515 , state of uttar pradesh v. bridge and roof; : air2006sc198 , orissa agro industries v. bharati ..... individually and all the respondent explosive companies were the successful tenders. negotiations took place in respect of the price offered by these respondent explosive companies and ultimately formal contract was entered into by and between the appellant coal india on one hand and the respondent explosive companies of the other. for the sake of convenience, we shall ..... the respondent explosive companies are impugned. by that order, the learned single judge has issued an injunction restraining the coal india from incorporating a supplementary clause in the principal contract. the following factual matrix would be necessary to appreciate the' controversies and the issues involved.2. appellant coal india limited owns and operates coal mines. all the .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Apr-04-2006
Reported in : (2007)105ITD129(Kol.)
..... notified by the board for the purposes of section 44aa. (iii) the expression "securities " shall have the meaning assigned to it, in clause (h) of section 2 of the securities contracts (regulation) act, 1956 (42 of 1956); (iv) where any income is credited to any account, whether called "suspense account" or by any other name, in the books of account of ..... any provision of this agreement or otherwise, any right, power or capacity to act as an agent or commercial representative of bml for any purpose whatsoever. nothing contained in the contract shall be deemed or construed as creating a joint venture relationship or legal partnership etc. between bml and the franchisee.19. however, we are unable to accept the contention of ..... the ratio for the same shall becided by bml from time to time at its sole discretion. 4.14 the franchisee shall, be responsible for collection of all necessary agreement/contract forms and other related forms, and for obtaining the signature of the customers on these forms. the franchisee shall forward all such forms, duly completed in all respects and signed .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-18-2006
Reported in : (2006)3CALLT302(HC)
..... years of service or have attained 40 years of age. it also excludes six categories of employees including specialist officers, employees serving abroad, employees facing disciplinary proceedings, employees appointed on contract basis and highly skilled and qualified employees etc. under the voluntary retirement scheme, these employees seeking voluntary retirement are entitled to the ex-gratia amount which is 60 days salary ..... view to deprive the respondents 1 to 9 herein of the benefit under regulation 29. it is further contended that on acceptance of the offer of the employees a concluded contract came into existence and that could not have been tinkered with by either party unilaterally except with the consent of the other. a vested right had accrued in favour of .....Tag this Judgment!
Court : Kolkata
Decided on : May-08-2006
Reported in : 2007ACJ1467
..... does not mean consideration is not there. according to us the insurance company without taking action for recovery in accordance with law of the amount of dishonoured cheque, revoking the contract, such action would be illegal revocation so far the third party is concerned. as such we cannot say that the insurance company was justified to cancel the insurance policy. moreover ..... in this case also.20. factually, however, we take note in this case specifically that because of dishonour of cheque which resulted in the non-payment does not render the contract ipso facto invalid or void. the insurance company is concerned with the recovery of consideration money provided under the statute, namely, the negotiable instruments act. under the statutory provision it ..... as to whether the insurance company can be made liable for making payment or not.8. the learned counsel for the insurance company contends that there has been no insurance contract because of dishonour of cheque. in support of his submission he has relied on two decisions of the supreme court in national insurance co. ltd. v. seema malhotra : 1scr1131 ..... on the date of the incident the insurance policy was not renewed. the cheque which was issued for payment was subsequently dishonoured. since there has been no consideration, therefore, the contract for insurance is void and the insurance company cannot be fastened with liability in the instant case.4. the kins of the victim who have preferred separate appeal against the .....Tag this Judgment!
Court : Kolkata
Decided on : May-12-2006
Reported in : (2006)3CALLT181(HC),2006(3)CHN784
..... before the court of the learned chief judicial magistrate, jalpaiguri. it was alleged in the complaint that the complainant is a reputed government contractor and he is carrying on his contract business under different government departments. the accused no. 1 namely, m/s. debendra bejoy ghosh and ors. is a partnership firm and accused nos. 2, 3 and 4 (present petitioners ..... to make payment within may, 1994 but did not fulfil their commitment. thereafter, in the first week of june, 1994 the accused persons came to jalpaiguri in connection with their contract work and the complainant approached them to make payment and accused nos. 2 to 4 made a payment of rs. 6,40,000/- to complainant by issuing one account payee .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-04-2006
Reported in : 2007(2)ARBLR529(Cal),(2007)1CALLT167(HC)
..... of wages. it has been further recorded in the award that in identical cases in respect of other parties, the respondent has incorporated the escalation clause during subsistence of contract by executing a supplementary agreement with retrospective effect. the names of the contractors in whose case such escalation clause has been included have been named in the award itself. ..... the state had accepted its liability and the reference was really in the question of quantification of the liability. the supreme court after taking into consideration the terms of the contract, in particular the arbitration clause, which is somewhat similar to the arbitration clause in the instant case, has come to the conclusion that the 'fair wages' is different ..... been indicated in the award.29.21. in the case of first tarapore (supra), the supreme court has interpreted the expressions 'claim arising out of contract' or 'relating to the contract' or 'concerning the contract' appearing in the arbitration clause. it has been held that such expressions on proper construction would mean that while entertaining or rejecting the claim or the ..... .33. verbal or written under-taking not binding unless embodied in the agreement.-except as hereby otherwise provided, a verbal or written arrangement abandoning, varying or supplementing this contract or any of the terms hereof shall not be binding on the railway administration unless and until the same is endorsed on this agreement or incorporated in a formal instrument .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-28-2006
Reported in : 2006(4)CHN693
s.p. talukdar, j.1. petitioner, sri timir chowdhury, filed an application under section 482 of the criminal procedure code, 1973, assailing the order dated 25th july, 2005 passed by the learned additional dristrict & sessions judge, 16th court, alipore, 24-parganas (south) in criminal motion no. 386 of 2005. by the said order, the learned court dismissed the revisional application which was preferred challenging the order dated 21st may, 2005 passed by the learned chief judicial magistrate, alipore, 24 parganas (south) in complaint case no. 3108 of 2005.2. grievances of the petitioner, as ventilated in the application, may briefly be stated as follows:the petitioner owns a fishing vessel namely, f.b. bumba, which is registered under section 9(1) of the west bengal marine fishing regulation act, 1973. he is a licence holder for zone (d) fishing and uses the vessel in order to carry out fishing and allied marine activities to earn a livelihood for his family.3. on 19th may, 2005, the opposite party no. 2 lodged a complaint before the court of learned chief judicial magistrate, alipore, 24-parganas (south), wherein it was alleged that on the said date at about 1 a.m., when the o.p. no.2 along with other forest officials was coming back after patrolling in saptamukhi block under namkhana range through hatania duania river, they cheeked the fishing boat named 'f.b. bumba' on suspicion. after inspecting the same it could be found that 41 sharks, of which 40 were gangetic shark and .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-25-2006
Reported in : AIR2006Cal340,2007(34)PTC522(Cal)
..... of the agreement. moreover, in clause 3(a)(i), it clearly mentions that the producer has assigned the copyright for making the records of all contracts and also the copyright, performing right and by other right, title and interest to the literary, dramatic and musical works embodied in the producer films ..... should in the normal course be readily accepted. but whether or not there has been an assignment is to be inferred from the terms of the contract.58. in the instant case, however, the clauses are different from the one that was under consideration in the case of gramophone company air 1997 ..... with the prior written consent of the company.7. (a) subject as hereinafter mentioned the producer shall be entitled in respect of all records of contract recordings made available hereunder by the producer and sold by the company or by any individual firm company or corporation or other person authorized by the ..... are not and are not intended to be offered to the public (ii) the producer and the artistes and musicians (as the case may be) contract to make any such sound-track(s) available to or to render such performances for the person or persons who broadcast or produce such sound-track(s ..... this agreement or any extension thereof during a period of twenty-five years from the first day of the month in which any record of the contract recordings is first offered to the public the producer:(a) shall not directly or indirectly supply or make available to any individual firm company corporation .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Kolkata
Decided on : Sep-15-2006
Reported in : (2007)(2)SLJ48CAT
1. since all these o.as. are similar in nature, they are being taken up together and are being decided by this common order. for the sake of convenience we are taking up o.a. 755/05, the first of all the three o.as., for detailed consideration and reasoning thereof will be applicable to all the three o.as.2. in o.a. 755/05 the applicant dr. sudarshan mondal has filed an application under section 19 of the a.t. act, 1985 claiming the following reliefs: (a) an order holding that the denial of promotion as chief medical officer (non-functional selection grade) and his supersession by his juniors in the matter of such promotion are wholly arbitrary and bad in law. (b) an order directing the respondents to review the dpc relating to promotions to the post of as chief medical officer (non-functional selection grade) made under dynamic assured career progression scheme in the year 2002 as well as in the year 2005 and to consider the case of the applicant for such promotion and to grant all consequential benefits to the applicant after giving such promotion, from the date when his immediate junior in the selection list were promoted i.e. with effect from 5.4.2002. (c) an order directing the respondents to consider the representations of the applicant by a speaking and reasoned order and further directing them not to make any further promotion till the disposal of the representations. (d) an order directing the respondents to produce/cause production of all documents/records relating .....Tag this Judgment!