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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 1974 Page 2 of about 21 results (0.017 seconds)

Jan 14 1974 (HC)

Planters Airways Pvt. Ltd. Vs. Sterling General Insurance Co. Ltd.

Court : Kolkata

Decided on : Jan-14-1974

Reported in : AIR1974Cal193

..... shall satisfy the company by such evidence as the company may reasonably require that the loss or damage in respect of which theinsured claims indemnity has actually arisen from one of the risks insured against and that the property in respect of which such claim is made is not merely ..... (6), there were no statutory provisions in england empowering the court to extend the time which the parties fixed for preferring a claim under a contract to arbitration. the said provisions of english act in section 16 (6) have been reproduced in the indian arbitration act, 1940 section 37(4) ..... including the arbitration clause, unless the provisions of the clause are wide enough to include the question of jurisdiction. where the existence of the contract is acknowledged, but one of its terms is relied upon as disentitling the claimant to recover, the arbitration clause is effective. the distinction is ..... the respondent's insurance company has disclaimed the claim of the petitioner on the ground of fraud as the police report declared. therefore, the whole contract has become void and the arbitration clause cannot be invoked. i cannot accept the contention of mr. sinha firstly, on the ground that the said ..... a ground for rejecting this application of the petitioner. the second contention of mr. sinha was that under clause 12 of the said insurance contract, the petitioner should be' deemed to have abandoned all its claim having not referred the matter to arbitration within three months after the said .....

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May 28 1974 (HC)

In the Matter of Sasti Charan Mondal and Others

Court : Kolkata

Decided on : May-28-1974

Reported in : 1974CriLJ1326

n.c. talukdar, j.1. this is an application for bail on behalf of eight adcused applicants with notice to the state. the application is opposed, 2. the application brings to light a point of some importance relating to the powers of the high court regarding bail as laid down in section 439 of the code of criminal procedure, 1973 (act ii of 1974). the facts necessary for appreciating the point raised can be put in a short compass, a first information was lodged at the sainthia police station on the 16th september, 1971, at about 12.35 hours by one netai chandra bhandari alleging inter alia that at about 1.00 hours in the night when he was sleeping in the veranda of the first floor of his east facing house and his son anil a student of class ix, and his two daughters were sleeping in two different rooms on the same floor, some persons called him by his name and an enquiry disclosed their identity as naxalites. the de facto complainant came down with a lighted lantern on request, and found the accused-applicants along with 4-5 other armed with daggers, gun-like weapons and torches. they requested him to show the way to the river. his son, anil, who in the meanwhile had come down was asked by the de facto complainant not to come but he was also persuaded to accompany. when they reached the tank called 'sunri pukur'. towards the west of the village, the members of the raiding party suddenly attacked anil with daggers and when the de facto complainant rushed to his rescue, he was .....

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May 21 1974 (HC)

Hindustan Steel Works Construction Ltd. Vs. Bharat Spun Pipe Co.

Court : Kolkata

Decided on : May-21-1974

Reported in : AIR1975Cal8

..... in substitution of liabilities. on the other hand, rights under a contract were assignable unless the contract was personal in its nature or the rights were incapable of assignment either under the law or under the agreement between the paties ..... of the obligations thereunder, and there is a well recognised distinction between these two classes of assignments. as a rule obligations under a contract could not be assigned except with the consent of the promisee and when such a consent was given, it is really a novation resulting ..... in its nature not assignable or. it was said, was only assignable where the assigns were expressly mentioned in the clause itself or the contract which contained the arbitration clause was itself expressly declared to be assignable. lord greene, m. r. observed that these propositions were incapable of ..... a deed of partnership dated the 2nd of november, 1967, was produced before me whereunder this partnership was formed in respect of the said contract with the hindustan steel works construction ltd. and the work carried thereunder. according to the petitioner the petitioner was not aware of this transformation ..... there was an agreement in writing between hindustan steel works construction ltd., the petitioner herein and m/s. bharat spun pipe company. the said contract was executed on the 7th october, 1967. one shrigopal modi was the sole proprietor of bharat spun pipe company at that time. thereafter, .....

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May 14 1974 (HC)

Maheswari and Co. Pvt. Ltd. and anr. Vs. the Corporation of Calcutta

Court : Kolkata

Decided on : May-14-1974

Reported in : AIR1975Cal165

..... the party and assuming it was rejected arbitrarily. second aspect of the relief is dependent on having negative covenant between the parties. negative covenantwould depend upon the terms of the contract express or implied. in this case it isadmitted that there was no such negative covenant expressly. it is argued fromthe facts of this case a negative covenantshould be implied. ..... were manufactured only at the specification of the defendant. these pipes have been rejected; according to the plaintiff rejected wrongfully and arbitrarily and in breach of the terms of the contract. according to the defendant, the rejection is valid and proper. that is the dispute pending before the arbitrators and the form of the relief will depend upon the dispute. ..... requested the plaintiff for the execution of the agreement after deposit of 5% security money. the plaintiff on the 19th may. 1973 wrote to the defendant recording that the contract papers had not yet been sent by the defendant and as such the security money could not be deposited, but offers were made for delivery immediately because stocks were ready ..... pipes & industries. the petitioner in this application asks for an order of injunction restraining the defendant corporation of calcutta from opening or accepting any tender or entering into arty contract with any third party pursuant to a public press notice inviting tenders issued on the 24th january, 1974. the petitioner further asks for an injunction restraining the corporation of calcutta .....

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May 14 1974 (HC)

Jasodalal Ghosal Pvt. Ltd. Vs. Commercial Tax Officer and ors.

Court : Kolkata

Decided on : May-14-1974

Reported in : [1975]35STC383(Cal)

..... act, means any transfer of property in goods for cash or deferred payment or other valuable consideration, including a transfer of property in goods involved in the execution of a contract, but does not include a mortgage, hypothecation, charge or pledge. accordingly, sale can be made either by cash or deferred payment as provided in section 2(g) of the act ..... purchasing dealer and the goods are intended to be used for resale by him or for use in the manufacture of goods for sale, or for use in execution of contracts or for packing of goods for sale. it is held by the supreme court that the act and the rules did not impose any obligation on the purchasing dealer to .....

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May 02 1974 (HC)

Jabbalpore Electric Supply Co. Ltd. Vs. the Madhya Pradesh Electricity ...

Court : Kolkata

Decided on : May-02-1974

Reported in : AIR1974Cal309

..... least 12 months' previous notice in writing.': vide clause 16 learned counsel for the appellant relies on section 60 of the act of 1948. it provides, inter alia, that all contracts entered into and all matters and things engaged to be done by, with or for the state government for any of the purposes of this act before the first constitution ..... terms and conditions of the agreement on and from the date of the constitution of the board were to be deemed, therefore, to be the terms and conditions of a contract between the appellant and the board. and the board could not put an end to that agreement without complying with the terms of clause 16 thereof.26. that being the .....

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Apr 29 1974 (HC)

Walamji Lalji Vs. Anil Charan Bangal and ors.

Court : Kolkata

Decided on : Apr-29-1974

Reported in : AIR1975Cal92,78CWN735

..... protection as provided in section 65 of the contract act. it lays down the principle of restitution of the benefit received on the basis of an agreement subsequently discovered to be void or void from ..... effect of nonregistration of the deed of sale, ext. 1 and the coming into operation of the west bengal estates acquisition act is to make the contract void. we agree with the contention of mr. palit that the plaintiff discovered the same afterwards. this has given the plaintiff a right to claim ..... whether the provisions of section 56 of that act are attracted to this case. before we proceed further we may examine section 56 of the contract act. a careful reading of that section shows that the following conditions are essential to be established before a person can get any relief under ..... up for consideration the plaintiff's right was defeated by the enactment of the west bengal estates acquisition act. it is also seen that the contract which was entered into between the parties was void for want of registration of the deed in question. the defendant cannot take the advanatage of ..... being the purchaser has the right to get compensation from the state of west bengal.17. mr. palit learned advocate for the respondent submitted that contract to sell the woods of the jungle became void after the passing of the west bengal estates acquisition act firstly because the right of the purchaser .....

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Mar 13 1974 (HC)

Shambhunath Pal and ors. Vs. Indian Iron and Steel Co. Ltd.

Court : Kolkata

Decided on : Mar-13-1974

Reported in : AIR1975Cal194,79CWN95

..... bench was given in the following terms :--'that, under section 9(1)(b)(iii) of the west bengal non-agricultural tenancy act, 1949, in the absence, of course, of a contract to the contrary 'a year of the tenancy' means a year or a period of 12 months according to the calendar of the particular tenancy, starting with its date of .....

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Feb 20 1974 (HC)

Brahmanand Goyal and anr. Vs. N.C. Chakraborty and ors.

Court : Kolkata

Decided on : Feb-20-1974

Reported in : 1974CriLJ1079

..... . mr. justice blagden delivering the judgment of the court considered different decisions of the various high courts and observed at p. 577 that 'neither failure to account for breach of contract, however, dishonest is actually and in itself the offence which section 405, penal code defines, but merely evidence of that offence'. therefore an offence of criminal breach of trust is .....

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Feb 08 1974 (HC)

Trailakyanath Maity and anr. Vs. Provabati Santra and ors.

Court : Kolkata

Decided on : Feb-08-1974

Reported in : AIR1974Cal261

..... evidence either oral or documentary adduced by them in proof of their assertion that they were ready and willing to perform their part of the contract within a reasonable time. on the contrary, conduct of the appellants reveals that they did not tender the balance of consideration money and take ..... conveyance in their favour. it is, however, contended by mr. mitter, learned advocate for the appellant, that time was not the essence of the contract, firstly, because the only stipulation that was made in case of failure to tender the balance of consideration money within the date specified in the ..... to ascertain whether the parties intended that in the agreement for sale in question in a given case the time would be essence of the contract. we think, the learned trial court correctly followed the principle relying on several decisions noticed by it in the judgment and on consideration of ..... court also held with a further finding that the respondent no. 3 cancelled the agreement because of such non-performance of their part of the contract by the present appellants and took possession of the property. 5. as regards the possession of the properties the learned trial court found that the ..... dated 27th may, 1959 was still then subsisting and valid and in spite of their being ready and willing to perform their part of the contract at all material times abinash wrongfully refused to execute and register a conveyance on accepting the balance of the consideration money. in the circumstances, .....

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