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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 1959 Page 1 of about 42 results (0.016 seconds)

Dec 24 1959 (HC)

Pratabmull Rameshwar Vs. K.C. Sethia (1944), Ltd.

Court : Kolkata

Decided on : Dec-24-1959

Reported in : AIR1960Cal702,64CWN616

..... agreement. the appellant firm invited the arbitrators to decide on the implied term because it was their case at that stage that there was an implied term that the contracts were subject to the condition of quota or licence and they are now contending that because the arbitrators decided against their implied term, therefore they had decided on something ..... also does not prevent such arrangement. condition (4) of such notification lays down that all applications for export licence must be accompanied by documentary evidence of bona fide firm contracts having been concluded with the overseas buyer for supply of raw jute and condition (5) lays down that the intending shippers of raw jute should register their requirements with full ..... house of lords deciding this case, added one further ground and made the following observations:'clause 18 (the so-called 'paramount' clause) provides that in certain specified events the contract shall be null and void and the parties shall be excused from further performance. the significance of the clause is, in my view, not that any of the excusing events ..... under which the export of jute was then regulated.5. the defendant, however, demanded delivery, and thereupon disputes arose between the parties. under the arbitration clause contained in those contracts, the defendant referred the dispute to the arbitration of london jute association. the defendant's claim before the arbitrators failed. but then the defendant appealed to the committee of london .....

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Dec 22 1959 (HC)

Hanutmal Bhutoria Vs. Dominion of India and anr.

Court : Kolkata

Decided on : Dec-22-1959

Reported in : AIR1961Cal54

..... also made reference to certain paragraphs at p. 401 of benjamin on sale, 8th edition, in support of his contention that apart from any express contract of bailment, there may be circumstances under which relationship of bailor and bailee may arise between the parties to a particular transaction. it is not ..... section 26 that thesecond proviso applies to a case where the seller orthe buyer holds the goods in the capacity of a baileeeither under a contract of bailment or under circum-stances which give rise to the relationship of bailor and bailee. the second proviso means that theoperation of the provisions ..... already in possession of the goods of another contracts to hold them as a bailee, be thereby becomes the bailee and the owner becomes the bailor of such goods although they may not havebeen delivered ..... to the appellant for the loss arising out of short delivery of the goods. the learned counsel has placed reliance ort section 148 of the indian contract act which defines the expressions, bailment', 'bailor' or 'bailee' and on the explanation appended to that section which is as follows:'if a person ..... forfeited if not reclaimed in live minutes. an instance of the second might be found where there was a condition quite foreign to such a contract; as for example, where before the depositor was entitled to reclaim the article deposited he should become a share-holder in the company's undertaking .....

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Nov 24 1959 (HC)

Indian Standard Wagon Co. Ltd. Vs. Commercial Tax Officer and ors.

Court : Kolkata

Decided on : Nov-24-1959

Reported in : AIR1960Cal424,[1960]11STC47(Cal)

..... must necessarily be an outside sale. take a simple case : a, a buyer, buys goods from b in calcutta. both are in west bengal. the contract of sale is effected in west bengal. the goods are located in west bengal at the time when the sale is completed and the property in the goods ..... and that though at the time of the delivery the parties might have intended that the goods should be transported across the border of the state the contract of sale itself did not contemplate and did not necessarily involve such transport. there is force in this contention. but for the purposes of this case ..... the buyers. the property in the goods passed and the sale was completed at burnpore as soon as the delivery was effected. under the terms of the contract the payment was made within the state of west bengal. all the wagons were marked with the letter 'w r' and were required by the railway board ..... .4. with regard to the attack on the tax as being violative of article 286, it is necessary to remember the facts of this case. the contract under which the sale was made was effected by correspondence. the offer was made by letter posted from new delhi and the acceptance was made by letter ..... 1700 wagons were allocated to burn and co. ltd. the wagons were required by the railway board for different railways. subsequent to the making of the contract and in course of manufacture of the wagons the railway board informed the sellers of the distribution by the railway board of the wagons to different railways. .....

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Nov 18 1959 (HC)

Ram Baran Prosad and anr. Vs. Ram Mohit Hazra and anr.

Court : Kolkata

Decided on : Nov-18-1959

Reported in : AIR1961Cal152,64CWN416

..... general or the universal rule (vide, for example, the different cases, cited above). in the instant case, we have construed the clause in question as not embodying a merely personal contract but as extending to the parties and/or their heirs and/or legal representatives, including assignees, -- subject, of course, for the exception, noted hereinbefore though not material here, -- ..... this particular question did not strictly arise, dealt with documents which, as pointed out in the said bombay case, contained, in themselves, sufficient indication that the benefits of the contracts there were not to be available to assignees or transferees. similar also was the position in uthandi mudali v. raghavachari, ilr 29 mad. 307. none of these cases therefore, ..... said heirs of the original parties and there is no reason why, in such circumstances, its benefit and obligation should not extend to assignees as well, particularly when the contract is not such that the transference of its obligation to assignees would prejudice the corresponding beneficiary. if it was the intention of the parties to restrict the benefit and ..... parties only, that is, to them personally, or would extend to their heirs, and/or legal representatives, including assignees. prima facie, the clause which, incidentally speaking, really embodies a contract between the parties to the partition award, having regard to the language of the clause itself, to which is superadded the authority of the arbitrators and of the court, may .....

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Sep 21 1959 (HC)

Jnan Chand Chugh Vs. Jugal Kishore Agarwal and ors.

Court : Kolkata

Decided on : Sep-21-1959

Reported in : AIR1960Cal331

..... appear anything in the case from which such a contract could be implied he would not dissent from the judgment in appeal. lord macnaughten observed that the jaw with regard to fixtures as between mortgager and mortgagee was not very ..... there were various modes by which trade fixures could be protected from being absorbed by the owner of the freehold or by a mortgagee and that there might be a contract either express or implied between the parties interested in such a transaction to save machinery from being absorbed either by a creditor or the landlord but as there did not .....

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Sep 09 1959 (HC)

Rambilas Nandlal Vs. Imperial Oil Mills Ltd.

Court : Kolkata

Decided on : Sep-09-1959

Reported in : AIR1960Cal304

..... other only and with nobody else. assuming that a delivery order or warehouse receipt or some such document of title could be lawfully issued under the contract, delivery thereunder could be given only to the buyers in the buyers' tank lorry or in drums. agreeably to the intention of the parties ..... in due course made an award. thereupon the respondent made an application to this court for a declaration that the arbitration agree-ment contained in the contract be declared invalid and that the award made by the bengal chamber of commerce and industry be set aside. the application was heard by ray, j ..... between the parties and those disputes were referred to the arbitration of the bengal chamber of commerce and industry under the arbitration clause contained in the contract. while the reference was pending, the respondent filed a suit in this court being suit no. 1432 of 1957 (imperial oil mills ltd. v. ..... the presence of sellers' and buyers' representatives.remarks nil.brokerage to be paid by the sellers as. -/2/-per maund nett.any dispute regarding this contract is to be settled by the bengal chamber of commerce and industry in calcutta.analysis disputes to be settled by the r. v. briggs and co ..... . ltd. in calcutta.this contract is not transferable to any third party by the sellers or buyers.yours faithfully,for g. c. sharma and company sd/-illegible broker.'disputes arose .....

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Sep 02 1959 (HC)

Eastern Manganese and Minerals (Private) Ltd. Vs. the State of West Be ...

Court : Kolkata

Decided on : Sep-02-1959

Reported in : AIR1960Cal340

orderg.k. mitter, j.1. this is an application by the eastern manganese and minerals (private) limited, a company carrying on business at 4 lyons range, calcutta, to direct the board of revenue to state a case to this court under section 57(1) of the indian stamp act. the application is made under article 226 of the constitution for the issue of a writ of certiorari calling upon the respondents the state of west bengal, me board of revenue and the collector of stamp revenue to certify and send the proceedings had before them to this court for the purpose of examination and for setting aside and/or quashing the same, a writ of mandamus commanding the respondents and each of them to cancel forthwith and/or withdraw and/or forbear from giving effect to the orders referred to in paragraph 12 of the petition and other reliefs.2. the facts are shortly as follows : the petitioner company entered into an agreement with an other company called the chrestian mica industries ltd., on 22-8-1956 whereby the petitioner agreed to purchase for a consideration of rs. 24 lakhs all the mining and surface rights and mines, lands hereditaments and premises described in the schedule to the deed as also the development and ore reserves together with all buildings, machinery, plants, implements etc. the agreement recited that the consideration money would be apportioned and appropriated towards immovable and movable properties comprised in the sale in such a manner as the parties would consider .....

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Sep 01 1959 (HC)

Bengal Agricultural and Industrial Corporation Ltd. Vs. Corporation of ...

Court : Kolkata

Decided on : Sep-01-1959

Reported in : AIR1960Cal123

..... mr. roy, very significant. this broadly is the history of the agreement, which i am invited to consider as a surrounding circumstance relevant for the purpose of construction of the contract in suit. there are other surrounding circumstances relevant for the purpose of construction to which reference has been made by learned counsel on either side. the other surrounding circumstances to ..... to the section which states, inter alia, that such an unregistered document is admissible as evidence of any collateral transaction not required to be effected by a registered instrument. the contract in suit does not purport to affect any immovable property, except giving a right of way to the plaintiff over the corporation private road, which is 'immovable property' as defined ..... and having access to the premises and damages. the defendant did not remove the building materials within the stipulated time. the question of law argued, inter alia, was whether the contract was within the statute of fraud and in the absence of registration whether it was an enforceable agreement. chitty, j. held that the subject matter was a hereditament and not ..... state, it is pleaded that the indenture in suit pur-ports to create rights in immovable property and is inadmissible in evidence in the absence of registration. knowledge of the contract between the plaintiff and the defendant corporation has been denied. it is denied that the plaintiff has any right in respect to the lagoons or that the defendant state has .....

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Sep 01 1959 (HC)

Prafulla Ranjan Sarkar Vs. Hindusthan Building Society Ltd.

Court : Kolkata

Decided on : Sep-01-1959

Reported in : AIR1960Cal214

..... the case of james finlay and co. v. n. v. kwik, (1928) 2 kb 604. in this case it was held that for breach of a contract for sale of goods i a plaintiffs duty to minimise damage was limited to doing what was reasonable in all the facts of the case, the onus of showing a ..... laws of england, 3rd edition, vol. 25, page 490, article 945 which is as follows:'if no custom or stipulation as to notice exists, and if the contract of service is not one which can be regarded as a yearly hiring, the service is terminable by reasonable notice ...........'20. from the footnotes under this article it appears ..... on a salary of rs. 300/- per month. in january 11941 the plaintiff was confirmed by the martin's light railways as an engineer under a five years' contract with effect from 1-10-1940 on a salary of rs. 450/- per month with an annual increment of rs. 25/- up to rs. 500/-. in 1942 ..... and from the 1st pecember 1933 at a commencing salary of 400 per annum plus out-of-pocket and travelling expenses. it was held, inter alia, that the contract of service was not an engagement for a year, but for an indefinite period, subject to reasonable notice. the plaintiff was a salesman specialist, and was not entitled ..... the defendant first of all relied on the following passage in halsbury's laws of england, 3rd edition, vol. 25 page 480, article 923:'if a contract of hiring and service is a general hiring, that is to say, without limitation of time, there is a presumption that the hiring is for a year, whether .....

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Aug 17 1959 (HC)

Surendra Nath Bibra Vs. Stephen Court Ltd.

Court : Kolkata

Decided on : Aug-17-1959

Reported in : AIR1960Cal346,63CWN923

..... encourage people to keep their bargains. no one objects that the work done or goods supplied cannot of themselves raised an equity in favour of one who has broken his contract. (d) 'if, then, the matter is in a sense one of policy, and of general policy, it must be noted that tenancies in bengal are of different kinds but in ..... contract have not been discharged. since 1872 under section 70 of the indian contract act, the mere fact that the party has done work which has been accepted, or supplied goods which have been taken, entitles him to ..... origin will not serve by itself for a justification.'(c) 'as a matter of broad general principle the law of india no longer proceeds on the notion that where a contract is for an entire sum there is a necessity of reason which prevents a party from recovering any thing where his full obligations under a special .....

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