Court : Kolkata
Decided on : Sep-29-1978
Reported in : AIR1979Cal56,83CWN162
..... the plaintiff submitted to the defendant company a claim for the loss of money for rs. 30,000/- which was the limit of indemnity for loss under the said contract of insurance, although actual loss was more. the defendant company, thereafter, arranged to inspect the loss by its surveyor at the premises ..... such key has been obtained by violence or the threat of violence to the insured or to a member of his staff.' 11. the indemnity, in the first instance, relates to the circumstance when the property is stolen or damaged or the premises is damaged after an actual forcible ..... may set out below the relevant portion of the policy: 'burglary and house breaking policy (as defined)(business premises) ............if during any period of indemnity the property or any pan thereof whilst within the premises shall after actual forcible and violent entry of the premises be stolen or damaged by thieves ..... a clause commonly called scott v. avery clause was considered in heyman v. darwins ltd. (1942) ac 356, and lord wright observed: 'the contract, either instead of or along with a clause submitting difference and disputes to arbitration, may provide that there is no right of action save upon the ..... an insurance policy. 2. the case of the plaintiff, a partnership firm, was that the defendant, commercial union assurance company limited, entered into a contract of insurance with the plaintiff by issuing a burglary and house breaking policy dated sept. 17, 1966, indemnifying loss of money to the limit of rs .....Tag this Judgment!
Court : Kolkata
Decided on : May-12-1978
Reported in : AIR1979Cal44,(1981)1CompLJ356(Cal)
..... conduct of the promisor himself or by the conduct of any other person, is called a contract of indemnity.' the section, in its terms is dependent upon the obligation which arises on the loss caused to the party to be indemnified. the loss ..... the state bank of india to the bank of alexandria. the scope and effect of an indemnity is dealt with under the provisions of s. 124 of the indian contract act which provides as follows : 'a contract by which one party promises to save the other from the loss caused to him by the ..... june, 1974 it has been stipulated that 'notwithstanding the foregoing' stc maintains 'texmaco failed to perform in an orderly manner its obligations under the aforesaid contract. in the view of the foregoing, stc hereby asks you to make full payment'. whether stc has acted logically or illogically, rationally or irrationally is ..... . except possibly in clear cases of fraud of which the banks have notice, the courts will leave the merchants to settle their disputes under the contracts by litigation or arbitration...... the courts are not concerned with their difficulties to enforce such claims : these are risks which the merchants take. in ..... ltd. braithwaite and co. (india) ltd. and state trading corporation of india ltd. on the 20th jan. 1973 (hereinafter referred to as back to back contract) texmaco have agreed to- (a) manufacture and supply 867 gas wagons (hereinafter referred to as wagons) at the total price of rs. 9,90,11,400 .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-18-1978
Reported in : AIR1979Cal246
..... she wanted to succeed.22. in my opinion, since the plaint does not contain any pleading to the effect that the parties agreed that the contract would be performed within a particular point of time, there could be no question of any default or abandonment or rescission thereof. under such circumstances, ..... in that paragraph and had been putting the blame on the court liquidator in not completing the transaction. the appellant had repeatedly adopted the said contract and/or the consent decree and had proceeded on that basis.13. i have gone through the correspondence in this case and i am entirely ..... title of the said properties and rejected and/or must be deemed to have rejected the same. the defendant no. 1 thereby repudiated the said contract. the plaintiff accepted the said rejection and/or repudiation. the defendant no. 1 in spite of demands and direction of this hon'ble court failed ..... the other defendants did not.8. in the written statement filed herein the bank denied the allegation that it had rejected the title or repudiated the contract. it was stated that the bank duly tendered the draft conveyance and offered money and never abandoned any claim or right. it was also stated ..... by the said consent decree. it is further alleged that the said official liquidator rejected the title to the suit property and thus repudiated the contract contained in the said consent decree. it is further alleged that the circumstances have totally changed and if the said consent decree was not rescinded .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-07-1978
Reported in : AIR1979Cal109
..... the case referred to hereinbefore. similar is the position with the case of johurmull parasram v. louis dreyfus co. ltd., air 1949 cal 179. here the contract which contained the arbitration clause has no! been challenged in the plaint as being void,4. it is, then, contended that the was delay. it is ..... of mine in the case of arbitration general enterprises v. jardine handerson reported in : air1978cal407 wherein i had held that where the very formation of the contract which contained the arbitration clause, was under challenge in a suit that could not be the subject-matter of arbitration. i had also held that it ..... the disputes to arbitration.' 3. the basis upon which the plaintiff resists the stay is that there is allegation of fraud and the formation of the contract dated sept. 1974 has been challenged as being not an arbitrable subject and therefore there should not be any stay. reliance in this connection was placed ..... mukharji, j. 1. this is an application for stay of suit no, 130 of 1978. there was an arbitration clause in the contract dated the 22nd sept. 1972. the said arbitration clause was as follows:--'10. in the event of any dispute or differences arising between ..... clause has not been challenged as having been entered on fraudulent basis and a rescission of that contract has not been asked for. on the other hand, the claims of the plaintiff have been based on the contract dated the 9th september, 1972, which contained the arbitration clause. therefore, the facts of this .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-03-1978
Reported in : AIR1978Cal379,82CWN1031
..... entered into at any time upto or preceding the said notification. the bank undoubtedly is a financing institution, if not an organ of the government, so that the contracts and assurances entered into preceding the declaration are excepted from the otherwise blanket suspension contemplated under the act and in terms of the notifications. there is therefore, it is ..... of the past and also to exempt such units from the scope of certain labour laws, so that all rights, privileges obligations and liabilities accruing or arising under contracts or assurances of property or awards or settlements under labour laws specifically mentioned and in force on the date of declaration under section 4 shall remain suspended or be ..... on which the said relief undertaking was declared as such, together with all the rights, privileges, obligations and liabilities accruing or arising thereunder before the said date, but excluding contracts, assurances of property and agreements entered into immediately before the date on which the said relief undertaking was declared as such, by the said relief undertaking with the government, ..... the aggregate ('five years' have been substituted by 'seven years' by the west bengal relief undertakings (special provisions) (amendment) act, 1974). section 4:-- application of certain enactments and contracts, agreement etc. to relief undertaking. the state government may, if it is satisfied that it is necessary or expedient so to do for the purposes specified in section 3, direct .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-09-1978
Reported in : 50CompCas219(Cal)
..... the defendants can tender three months' salary in lieu of notice and avoid such action by the plaintiff. the plaintiff cannot, in this suit, ask for specific performance of a contract of personal nature. he is also not entitled to get a permanent injunction restraining the defendants from interfering with his services as a branch manager. the law in this respect ..... of injunction restraining the company from interfering with or dispensing with his services as a branch manager of the company at bombay as the court will not specifically perform a contract of personal service by giving an order of injunction ; secondly, mr. ghosh submitted that mr. malkani by not taking the qualification share within two months' time has disqualified himself ..... and of personal nature should be distinguished from professional management of impersonal nature and in such cases there is no reason why specific performance should not be granted of any contract of employment which does not involve relationship of personal character. he further referred to cases reported in air 1914 cal 362 and  ilr 33 cal 351, air 1925 ..... a. parsons & co. ltd). mr roy further referred to a case reported in : (1976)iillj163sc (executive committee of vaish degree college, shamli v. lakshmi narain) and submitted that although a contract of personal service cannot ordinarily be specifically enforced but an order of injunction can be granted, and he submitted that this case of the petitioner falls within the special exceptional .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-05-1978
Reported in : AIR1978Cal362
..... i accordingly, hold that the plaintiff is entitled to damages on the basis of such minimum remuneration of rs. 7,500 per month for the unexpired periodof contract, from june 1, 1970 to march 6, 1971 amounting to rs. 69,250/-. the report of the special referee is varied to that extent only and ..... was the amount on the basis of which the parties proceeded with the transaction. the minimum remuneration clause xiv (b) was not intended to be inapplicable to the contract and was not scored through as was admittedly done in respect of clause xxa (ii), (iii) & (iv). furthermore it is an admitted case that the ..... profit on the basis of 10% was claimed. the ld. referee however accepted the case of the plaintiff that some minimum remuneration was contemplated in the contract and on that basis allowed the damages at rs. 40,000/-.9. at the hearing, learned counsel for the plaintiff reiterated his claim inter alia on ..... payable to the plaintiff. 6. before the referee the plaintiff claimed damages on the following further basis, i. e. on the basis of difference between the contract rate and the rate at which the plaintiff paid his labourers up-to may 30, 1970. 7. evidence was led before the special referee by the ..... claimed an enquiry into damages. 4. it is the admitted position that no work was allotted to the plaintiff from june 1, 1970 and that the contract was not terminated by the defendant. in this background, at the trial by consent of the parties a learned member of the bar was appointed as the .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-01-1978
Reported in : AIR1978Cal559
..... was held in that case unless the appellants had pleaded and established that there was unreasonableness attached to the amountrequired to be deposited under the contract or that the clause regarding forfeiture amounted to a stipulation by way of a penalty the respondents had no opportunity to satisfy the court that ..... unconditionally by the company on default by the purchaser in payment of the price, without prejudice to the rights of the company under law and the contract, and the purchaser deposits the 25 p. c. of the price, the amount deposited is a deposit 'as earnest money,' which the company has ..... thereof would not necessarily induce the court to overrule the claim and dismiss the suit.15. one party cannot subsequently unilaterally make time an essence of the contract. in a case reported in : air1960mad452 (v. r. mohanakrishnan v. chimanlal desai) it was held that 'if due to causes beyond the ..... approved by the defendants. probate mainly gives an adequate protection and nothing further.9. the only condition under which the purchaser could cancel the contract and demand refund of the earnest money has been provided under clauses 10 and 11 of the agreement which provides that.'where the vendors fail ..... was no other alternative but to extend the time for completion of the transaction and also expressed his desire that the time factor in the contract would be presumed to be waived by the defendants if no reply was received to that letter. the defendants' definite case is that they .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-24-1978
Reported in : 42STC209(Cal)
m.m. dutt, j.1. these three appeals are directed against the orders see  36 s.t.c. 98 passed by amiya kumar mookerji, j., whereby the learned judge dismissed the writ petitions of the appellant.2. the case of the appellant was that he along with his brother kanak paul had been carrying on a partnership business under the name and style of m/s. gopal chandra paul & sons. it was alleged that the firm was a dealer within the meaning of the bengal finance (sales tax) act, 1941 and the central sales tax act, 1956 and held registration certificates under both the acts. the said partnership firm was dissolved on 17th november, 1972. the appellant intimated respondent no. 1, the commercial tax officer, chinabazar charge, about the dissolution of the firm by two separate letters, both dated 21st april, 1973. by the said letters, the appellant requested respondent no. 1 to cancel the registration certificates which were also surrendered along with the said letters. in spite of the dissolution of the firm, respondent no. 1 served notices for the assessment of sales tax under both the said acts for the periods of 4 quarters ended previous to the day of aukshay tritiya, 1376 b. s., 1377 b. s., 1378 b. s. and 1379 b. s. the appellant challenged the said notices and the authority of respondent no. 1 to assess the dissolved firm by filing writ petitions in this court. it was contended by the appellant that in the absence of any provision in either of the said acts for the assessment of .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-31-1978
Reported in : AIR1979Cal20,82CWN864
..... the period you require and we will see the buyers and do what we can for you.'in the memo to this letter the very first contract is contract no. b/713 dated the 31st may, 1951 tor 8,000 maunds of jute and the name of the buyer namely, howrah jute mills ..... purported award be set aside.' the application it is stated has been made under sections 33 and 30 of the arbitration act, 1940.2. when the contract, being contract n. b/713 dated the 31st may 1951, was entered into it is common case that the raw jute (central jute board and miscellaneous provisions) act ..... respondent tried to make out the case that the appellant was not an agent for an undisclosed principal but the principal itself and it was a contract between principal and principal. these inconsistent positions taken by the respondent as and when occasion arose cannot be overlooked in the instant case. the conduct ..... of jute mills, balers and dealers. sellers were, however, given time up to and including the 29th dec., 1950 for the performance of their existing contracts with the jute mills. the central jute board commenced functioning from the 30th dec. 1950, whereafter no mill canpurchase or take delivery of raw jute direct ..... the arbitration agreement contained therein be declared null and void and/or the validity and/or the existence and/or the effect of the said purported contract and the arbitration agreement contained therein be determined by this hon'ble court; (b) that the purported reference and the said pretended award of .....Tag this Judgment!