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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: kolkata Year: 2015 Page 1 of about 37 results (0.039 seconds)

Oct 16 2015 (HC)

Heavy Engineering Corporation Ltd. Vs. Standard Chartered Bank

Court : Kolkata

Decided on : Oct-16-2015

..... , in essence, exceptionally stringent contracts of indemnity. they are contractual undertakings, normally granted by banks, to pay, or repay, a specified sum in the event of any default in performance by the principal debtor of some ..... give notice of a claim if there is reasonable cause. the bank or other financial institution which grants a performance guarantee will, of course, demand a counter-guarantee or indemnity from the customer at whose request the guarantee is granted. as the customer will be liable to reimburse the bank on their payment under the guarantee, and as he ..... invocation of the guarantees was in terms thereof. the bank had no defence to the claim of the plaintiff and the same should be decreed. he relied on chitty on contracts, 25th edition on passage 4407 regarding performance guarantees as is reproduced below: performance guarantees. a number of cases have involved discussion of the nature of performance guarantees . which are ..... other contract with a third party, the creditor. an unusal feature of several modern cases has been that the bank s liability arises on mere demand by the creditor, notwithstanding .....

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Jan 08 2015 (HC)

Fairfest Media Ltd. Vs. Ite Group Plc and Ors.

Court : Kolkata

Decided on : Jan-08-2015

..... there is a burden on the party responsible for prosecuting them to make out a strong case to justify them on grounds of matters unforeseeable at the time of the contract or other exceptional circumstances. my reasons are based on principle, practice and authority. 107. in principle, there are a number of reasons why i do not think that it would ..... -exclusive jurisdiction clause does not clearly indicate whether prior or subsequent parallel proceedings in a non-selected forum are permitted or prohibited, the best interpretation will usually be that, by contracting for non-exclusive jurisdiction, the parties have anticipated and accepted the possibility of some parallel proceedings, and as a result, only foreign proceedings which are vexatious and oppressive for some ..... conscientiousness in the cours.of conduct, or by the common law action for breach of confidence, which is in effect a breach of contract. equity may afford remedy where the disclosure was in cours.of negotiations that never produced contract (seagar versus copydex; 1967 (2) all er415 lac monarch versus international corona; (1990) f.s.r.441).in such a situation, ..... by griffiths in relation to confidential information as referred to in personal management (supra) is stated below:- although the terms of a contract may impose a duty of confidence the right to seek a remedy was not dependent on contract: it existed as an equitable remedy. 165 lord griffiths said that the duty of confidence is, as a general rule, also imposed .....

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Jan 15 2015 (HC)

M/S. Satellite Mercantiles Private Ltd. Vs. Cit, Taxii, Kolkata

Court : Kolkata

Decided on : Jan-15-2015

..... stating that neither the delivery was received on 31st march, 2008 nor was any payment made. both these things took place on 3rd april, 2008 as will appear from the contract note. delivery and payment may have been made on 3rd april, 2008, but it is the case of the assessee himself that the purchase was made on 31st march, 2008 .....

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Jan 28 2015 (HC)

Manju Rai Vs. The Uttar Pradesh State Mineral Development Corporation ...

Court : Kolkata

Decided on : Jan-28-2015

..... dated september 12/13, 1985 the plaintiff terminated the agency agreement with regard to high grade rock phosphate. such termination presupposes the existence of a contract of agency for rock phosphate without making a distinction between the qualities. in such circumstances, the fourth issue is answered in the affirmative and in ..... to any of the terms and conditions of exhibit 2 contemporaneously. in any event, in my view, the evidence on record establishes that, the contract of agency given by the defendant to the plaintiff by exhibit a stood modified by exhibit 2 . reading exhibit a as modified by exhibit 2 ..... agent on the various terms and conditions as would appear from the letter dated september 20, 1983. the plaintiff had performed her obligations under such contract. the plaintiff had generated business for the defendant in the eastern region of india which such region remained unexplored by the defendant. the plaintiff claims ..... , 2015 judgment on : january 28, 2015 debangsu basak, j. the suit is for declaration that the letter of the defendant refusing to renew the contract between the parties is illegal, wrongful, void and liable to be set aside and for a decree for damages and in the alternative an inquiry into ..... defendant by a letter dated december 1, 1986 illegally and wrongfully. she claims that, the refusal of the defendant to renew the contract should be declared as null and void. she claims compensation for the loss and damages suffered by her and in the alternative an .....

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Mar 19 2015 (HC)

Rani Leasing and Finance Ltd. Vs. Sanjay Khemani

Court : Kolkata

Decided on : Mar-19-2015

..... of the sale before selling the thing pledged. sankaranarayana iyer saraswathy amal (supra) is of the view that, such notice under section 176 of the contract act, 1872 only means an intimation of the intention to sell and not that, a sale should be arranged beforehand and due notice of all details ..... out of a suit for damages for breach of contract came up for consideration. the same principle for quantification of damages as that of british westinghouse electric and manufacturing co. ltd. (supra) was reiterated. in darbishire ..... taken all reasonable steps to mitigate the loss consequent on the breach. this second principle debars a plaintiff in a suit for damages on breach of contract from claiming any damages which is due to his neglect to take steps to mitigate the losses. in payzu, ltd. (supra) an appeal arising ..... to sell the shares at a time of its choice. he contends that, a pledgee is not bound by the rigours of section 73 of the contract act, 1872. in support of such contentions he relies upon all india reporter 1950 travancore cochin page 66 (sankaranarayana iyer saraswathy amal v. the kottayam ..... received a far greater value in such shares. the defendant also contends that the plaintiff was obliged to mitigate its damages under section 73 of the indian contract act, 1862. the issues were settled by the order dated december 3, 2013. the issues are as follows:1. (a) was there any agreement .....

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Mar 24 2015 (HC)

State Trading Corporation of India Limited and Anr. Vs. Glencore Grain ...

Court : Kolkata

Decided on : Mar-24-2015

..... civil suit might have been instituted to agitate issues of fraud. this court passed the interim order having regard to the assertion of the plaintiff-petitioner that there was no contract at all executed on 10th june, 2008. the aforesaid submission is apparently incorrect. prima facie there is an agreement executed on 10th june, 2008 between glencore and the plaintiff- ..... removing the suppression for that purpose. the suppression, according to the learned senior counsel, in this case is that the plaintiffs have knowingly and deliberately made a statement that no contract has been concluded between glencore and rpi. it is submitted that in mayar s case justice naolekar put the principle succinctly in the following terms. after treating the plaint complete ..... 2009 restraining glencore from proceeding with arbitration in london against rpi. on 5th may 2010, an award was passed in arbitration case no.13-944 holding inter alia that no contract existed between stc and glencore and that there was no arbitration agreement between them. however, no further reliefs were granted in that arbitration to glencore. the ex parte interim ..... arbitration and orders were made thereon. subsequent thereto, on 23rd june 2009, rpi filed a suit being suit no.173 of 2009 for a declaration that there was no contract between glencore and rpi and for injunction restraining glencore from proceeding with arbitration in london and other reliefs. an ex parte order was passed in the interlocutory application filed by .....

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Mar 27 2015 (HC)

Lmj International Limited Vs. Swiss Singapore Overseas Enterprises Pte ...

Court : Kolkata

Decided on : Mar-27-2015

..... section 48 of the present act at the time of enforcement of the award. the plaintiff, however, cannot file a suit challenging the award. a cause of action based on contract which has been conclusively decided against the plaintiff totally non-suit the plaintiff. once a finding is arrived at by the tribunal against the plaintiff in relation to the ..... contract, it logically follows that apart from the remedies available under the act, the plaintiff has no other right. in bharat aluminium company versus kaiser aluminium technical services inc. reported at ..... suit praying, inter alia, for setting aside of a foreign award made in pursuance of an arbitration clause contained in a contract dated 22nd october, 2009. the arbitration clause reads: clause 15 arbitration all disputes in connection with this contract or the execution thereof shall be settled amicably by friendly negotiations between the two parties. if no settlement can be reached, the .....

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Mar 30 2015 (HC)

Rani Leasing and Finance Ltd. Vs. C.I.T. W.B. – I

Court : Kolkata

Decided on : Mar-30-2015

..... purchase agreement amounts to interest liable to tax under the provisions of the interest tax act. dealing with the question, cit(a) held as follows:- on going through a sample contract of hire or the agreement which is entered into for all the purchase transactions in this case it is seen that the hire purchase company continues to be the owner ..... instructed that the hire charges cannot be treated as interest within the meaning of section 2(28a).to be precise, the circular reads as follows: i n a hire-purchase contract the owner delivers goods to another person upon terms on which the hirer is to hire them on a fixed periodical rental. the hirer has also the option of purchasing .....

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Apr 08 2015 (HC)

Spml Infra Ltd. Vs. South Bihar Power Distribution Co. Ltd. and Ors.

Court : Kolkata

Decided on : Apr-08-2015

..... question in inter globe aviation, inter alia, was whether the permanent lok adalat at hyderabad had territorial jurisdiction to deal with the matter. the standard terms which governed the contract between the parties provided, all disputes shall be subject to the jurisdiction of the courts of delhi only . the contention on behalf of the appellant before this court was that ..... of exclusion of other jurisdictions. under the facts and circumstances of the case we hold that while connecting factor with kaira jurisdiction was ensured by fixing the situs of the contract within kaira, other jurisdictions having connecting factors were not clearly, unambiguously and explicitly excluded. that being the position it could not be said that the jurisdiction of the court ..... concerned with clause 11 in the agreement which read, any dispute arising out of this sale shall be subject to kaira jurisdiction . the disputes having arisen out of the contract between the parties, the respondents therein filed a suit for recovery of amount against the appellants therein and also claimed damages in the court of the subordinate judge at ..... lok adalat at hyderabad did not have territorial jurisdiction to receive the complaint and decide the complaint. the indigo conditions of carriage, containing the standard terms which govern the contract between the parties provide as follows; all disputes shall be subject to the jurisdiction of the courts of delhi only. the appellant contends that the ticket related to the .....

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Apr 21 2015 (HC)

Cindrella Management Services Private Limited Vs. Trend Bags and Anr.

Court : Kolkata

Decided on : Apr-21-2015

..... earnest money, etc. (1) notwithstanding anything to the contrary contained in the code of civil procedure, 1908, any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for (a) possession, or partition and separate possession, of the property, in addition to ..... the purchaser, it is implied that delivery of possession of the immovable property is part of the decree of specific performance of contract. but in this connection it is necessary to refer to section 22 of the specific relief act, 1963 which runs: 22. power to grant relief ..... .. we are in respectful agreement with the view expressed by mahajan, j.in moolji jaitha case.16. in a suit for specific performance of contract for sale of immovable property containing a stipulation that on execution of the sale deed the possession of the immovable property will be handed over to ..... chowdhury v. southern bank ltd. (supra) a division bench of the calcutta high court took the view that the suit for specific performance of the contract to execute and register a lease with alternative claims for damages is not a suit for land . within the meaning of clause 12 of the letters ..... and the fact that such will or may be the consequence is immaterial for the purpose; the cause of action for specific performance of a contract and not the cause of action for a titular or possessory claim for land; and thirdly, the context of clause 12 of the letters patent .....

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