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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: kolkata Year: 2008 Page 1 of about 43 results (0.063 seconds)

Sep 10 2008 (HC)

Kailash Kumar Kanoria Vs. Shiv Shankar Pasari and ors.

Court : Kolkata

Decided on : Sep-10-2008

Reported in : (2009)1CALLT90(HC),[2009]147CompCas231(Cal)

..... first defendant promised to pay the plaintiff 'any amount which the ubi may call upon' the plaintiff to pay 'without any reference or recourse.'25. the contract of indemnity, in such circumstances, obliged the first defendant to take over the plaintiff's liability to ubi and, probably, apply to have himself impleaded in the ..... from the moment that the time to pay passed. in the second place, it is open to the vendor to bring a suit on the contract of indemnity if upon failure to discharge the encumbrance the vendor suffered a loss. the supreme court considered the matter to be covered by the second scenario and ..... then contended by mr. b.c. misra that even if there was a contract of indemnity the cause of action for the plaintiff arose on february 4, 1937 when the final mortgage decree was passed and not on february 25, 1943 when ..... the actual amount of his loss.' this is the solitary sentence from the judgment that the first defendant places.19. the supreme court considered a contract of indemnity in the light of a point of limitation in the shanti swarup case. paragraph 5 of the report needs to be noticed:(5) it was ..... v. naraini) and 37 mad. 270 (nallappa reddi v. vridhachala reddi), the equitable principle laid down by the english courts has been accepted and applied to contracts of indemnity in this country. in this connection i would also refer to the case in 56 cal. 262 (osman jamal and sons ltd. v. gopal purshottam). i .....

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Jan 18 2008 (HC)

Pralay Karmakar and ors. Vs. Uttara Co-operative Housing Society Limit ...

Court : Kolkata

Decided on : Jan-18-2008

Reported in : (2008)1CALLT251(HC)

..... -operative society and any person including a financing bank the same may be settled under the said provisions. in the present case, the question is relating to specific performance of contract of sale on the basis of agreement dated 22.8.79 between the said co-operative society and the predecessor of the petitioners viz. manik lal karmakar. mr. bhattaeharya has ..... the refusal of the land ceiling authority to grant permission for sale. secondly, it has been further contended by mr. dey that the dispute though for a specific performance of contract is well within the scope of affairs or business or transaction of the housing co-operative society within the provisions of section 86 of the act of 1973 and learned ..... with said manik lal karmakar.5. it is the further case of manik lal karmakar that he had to spend rs. 93,527/- for development of the land as per contract with the housing society during 1979-1982.6. in the meantime, the respondent housing society filed the eviction suit namely, the title suit no. 39 of 1985 before learned 2nd .....

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Feb 08 2008 (HC)

Andrew Yule and Company Limited Vs. Descon Limited and anr.

Court : Kolkata

Decided on : Feb-08-2008

Reported in : [2009]147CompCas434(Cal)

..... of the alleged contract. learned counsel appearing for the defendant descon, had submitted that descon would not take any steps in respect of 'buy-back' of shares without complying with all steps as provided ..... , i.e., with regard to the specific performance of the alleged agreement. by the order dated october 10, 2001, it was held that the question whether there was any concluded contract between the plaintiff/appellant and descon cannot be decided at that stage without adducing evidence properly and hence, no order was passed in respect of the prayers regarding the performance ..... , and, therefore, plaintiff/petitioner ought not to be allowed to agitate the same issue which would amount to res judicata. the concept of legitimate expectation is not applicable in a contract between two parties. the hon'ble first court had decided both the maintainability and the merits of the case of the plaintiff/petitioner and had correctly dismissed the petition of ..... . the said sri chiranjib das while dealing with the allegations made by the plaintiff, admitted the said offer, but in his letter dated july 9, 2001, doubted about the concluded contract. the conduct of chiranjib das is absolutely unprecedented and mala fide. the same chiranjib das, now this time in the capacity of secretary and senior manager of dpsc, communicated the .....

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Feb 13 2008 (HC)

Punjab National Bank Vs. Smt. Chama Rani Tandon

Court : Kolkata

Decided on : Feb-13-2008

Reported in : (2008)1CALLT463(HC),2008(3)CHN945,(2009)ILLJ814Cal

..... reported at : (1985)iillj564sc (workmen v. binny lid.) wherein it was held that 'it is a trite law that in matters of welfare legislation, especially involving labour, the terms of contracts and the provisions of law should be liberally construed in favour of the weak.' in paragraph 15 of the said reports the hon'ble supreme court was pleased to observe ..... part and in isolation.' in the present case, clause 2 of the scheme of amalgamation goes further and provides that 'without prejudice to the generality of the foregoing provisions, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the prescribed date shall be effective to the ..... appellant that the writ petitioner was never an employee of the pnb and the pension regulations are wholly inapplicable to the writ petitioner since the writ petitioner had no subsisting contract of employment as on the date of merger in view of the fact that the writ petitioner retired from service on 30.09.1983. according to the said learned ..... will appear from pages 90 and 91 of the paper book. in the said notification it has been provided that 'without prejudice to the generality of the foregoing provisions, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the prescribed date shall be effective to .....

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Feb 27 2008 (HC)

Salkia Estate Development Pvt. Ltd. Vs. Pratap Properties Ltd. and anr ...

Court : Kolkata

Decided on : Feb-27-2008

Reported in : 2008(2)CHN466

..... sub-mortgage was created in favour of the plaintiffs on the 3rd june 1893, that the object of the letter of the 19th june, 1893 was not to constitute the contract between the parties, but was written with the object and for the purpose we have stated, and that, consequently, it did not require registration under section 17 of the registration .....

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Mar 04 2008 (HC)

Eic Holdings Limited Vs. Calcutta Dock Labour Board

Court : Kolkata

Decided on : Mar-04-2008

Reported in : 2008(3)CHN311

..... the lessee holds over, such a clause cannot be cited by the lessee to set up a tenancy in perpetuity. just as the executed part of a contract becomes irrelevant and the executory terms carry on, a clause of such nature would lose its force upon the tenure contemplated by the parties, coming to an ..... entitled to the benefit of section 106 of the said act was repelled upon the above clause being regarded as an agreement to the contrary:[3] a contract to the contrary within the meaning of the words in section 106 t.p. act, was certainly entered into by the parties by ex. p.1. ..... control act.19. the defendant has relied on a judgment reported at : air1951mad408 (arunachala naicker v. ghulam mahmood saheb) for the interpretation of the expression 'contract to the contrary' appearing in section 106 of the said act. the relevant clause of the agreement which was put up in furtherance of the argument that there ..... act by suggesting that the opening words of sub-section (1) thereof would preclude its operation in the context. according to the defendant, there is a contract to the contrary, within the meaning of the opening phrase of section 106(1) of the said act, as to the determination of the lease. if clause ..... was a contract to the contrary, in such case, was:besides this, if you, after the expiry of the said stipulated period, send me a notice giving one .....

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Mar 06 2008 (HC)

Hamida Begum Alias Alo Bibi Vs. Umran Bibi and ors. and Sk. Karim Ali ...

Court : Kolkata

Decided on : Mar-06-2008

Reported in : 2008(3)CHN639

..... relief act is wide enough to encompass a person seeking derivative title from his seller. it would, therefore, be clear that if he seeks avoidance of the instrument, decree or contract and seeks a declaration to have the decrees set aside or cancelled he is necessarily bound to lay the suit within three years from the date when the facts entitling ..... stands as an insurmountable obstacle in his way which otherwise binds him, though not a party, the plaintiff necessarily has to seek a declaration and have that decree, instrument or contract cancelled or set aside or rescinded. section 31 of the specific relief act, 1963 regulates suits for cancellation of an instrument which lays down that any person against whom a ..... or cancel an instrument, a contract or a decree on the ground of fraud, article 59 is attracted. the starting point of limitation is the date of knowledge of the alleged fraud. when the plaintiff seeks ..... inter se parties. the question is whether in case of person claiming title through the party to the decree or instrument or having knowledge of the instrument or decree or contract and seeking to avoid the decree by a specific declaration, whether article 59 gets attracted? as stated earlier, article 59 is a general provision. in a suit to set aside .....

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Mar 26 2008 (HC)

In Re: Subhasree Datta and anr.

Court : Kolkata

Decided on : Mar-26-2008

Reported in : (2008)2CALLT43(HC),2008(2)CHN303,II(2008)DMC582

..... broken marriages. we must remember that this relief is granted by bringing about a profound alteration in the concept of a hindu marriage from that of a sacrament to a contract. by that alteration, law has definitely set its fact against forcible perpetuation of the status of matrimony between unwilling partners. next, we must note that this six month's time ..... it enables divorce by consent. it also virtualy puts a death nail on the old concept of hindu law and hindu morality that marriage is a sacrament and not a contract.however, a petition filed for divorce by consent under section 13b of the hindu marriage act is required to be kept in abeyance for a minimum period of six moths ..... that they have mutually agreed that the marriage should be dissolved. section 13b radically altered the legal basis of a hindu marriage by treating it as an ordinary form of contract which competent parties can enter into and put an end to like any other contact by mutual consent. just as the parties can obtain a consent decree from the courts .....

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Mar 28 2008 (HC)

Pritam Rooj Vs. University of Calcutta and ors.

Court : Kolkata

Decided on : Mar-28-2008

Reported in : AIR2008Cal118

..... gauge the scope of the present exercise:2. definitions.-...(f) 'information' means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law ..... the legislature sought to use the expression sale in a wider sense as including transactions in which property was transferred for consideration from one person to another without any previous contract of sale, it would be attributing to the legislature an intention to enact legislation beyond its competence. in interpreting a statute the court cannot ignore its aim and object....30 .....

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Mar 31 2008 (HC)

Himadri Chemicals and Industries Ltd. Vs. Indian Oil Corporation

Court : Kolkata

Decided on : Mar-31-2008

Reported in : 2008(3)CHN740

..... on demand without reference to the respondent. the guarantees also provided that the appellant would be the sole judge for deciding whether the respondent had fulfilled the terms of the contract or not. disputes arose between the parties as to the erection and performance of the plaint. the seller approached the civil court seeking injunction restraining the purchaser from invoking the ..... .p. coop. federation ltd. v. singh consultants & engineers (p) ltd. the respondent therein entered into an agreement with the appellant for constructing a vanaspati manufacturing plant for the latter. the contract required the respondent to furnish two bank guarantees for proper construction and successful completion of the plaint. bank of india executed two bank guarantees in favour of the appellant. under ..... that it cannot be stated to be a conditional bank guarantee, as submitted by mr. kapoor. in case there are any disputes between the parties with regard to the underlying contract, the parties will be at liberty to seek relief in accordance with law either by way of invoking the remedies under the arbitration and conciliation act, 1996 or filing the ..... without protest or demur or proof or condition any and all moneys anywise claimed by the corporation from the contractor under, in respect of or in connection with the said contract as specified in any notice of demand made by the corporation on the bank with reference to this undertaking upto an aggregate limit of rs. 11,73,000 (rupees eleven .....

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