Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 1981 Page 1 of about 36 results (0.067 seconds)

Jul 15 1981 (HC)

Indian Aluminium Co. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Jul-15-1981

Reported in : [1983]140ITR114(Cal)

..... invested in timber. that timber might have been sold in the ordinary course of market--as a matter of fact, instead of being actually sold it was burnt. under a contract of indemnity, properly entered into for the purpose of safeguarding the possibilities of business in relation to it, a sum has been received in respect of the timber. that is once ..... by the indian company. it may be that if the canadian company has the duty of forwarding information to india it could be reasonably inferred that their part of the contract would be fulfilled only when the indian company received the information in india. in such case again it may be possible that the post office would be acting as an ..... : [1950]18itr333(mad) and cit v. a. s. t. f. rodriguez & co. : [1951]20itr247(mad) , would not apply and no income accrues on the basis of the situs of the contract. there is also one other point to be considered before we finally decide about the accrual of income. the facts as given by the assessees show that the problems are .....

Tag this Judgment!

Sep 10 1981 (HC)

B.S. Aujla Company Pvt. Ltd. Vs. Kaluram Mahadeo Prosad and ors.

Court : Kolkata

Decided on : Sep-10-1981

Reported in : AIR1983Cal106

..... banks which in turn confirmed the guarantees to the buyers. the guarantees were backed by counter-indemnities by the plaintiffs to the bank. the plaintiffs agreed to indemnify the bank in the widest terms and gave irrevocable authority for payment under the guarantees and to debit the ..... way of refund by the seller and mot by the way of retention by the buyer. the letter of credit was independent of supreme court emphasised, and unqualified by the contract of sale or underlying transaction. the autonomy of an irrevocable letter of credit was entitled to protection. therefore, the courts refrained from interfering with that autonomy. the same principle ..... plaintiffs' account accordingly. the guarantees themselves simply provided that payment would be made on the buyers' 'first demand' without proof of any breach of contract by the plaintiffs or any other safeguard against abuse by the buyers. in the event disputes arose between the plaintiffs and the buyers and in such case the buyers demanded ..... of the buyers. the guarantees were in effect performance bonds, their purpose being to provide security to the buyers for the fulfilment by the plaintiffs of their obligations under the contracts. these were to be established with two egyptian banks. that was done by the plaintiffs instructing their own bank ('the bank') to confirm the guarantees to the respective egyptian .....

Tag this Judgment!

Dec 01 1981 (HC)

Lalit Mohan Mondal Vs. Profulla Kumar Mondal (Deceased Through His L. ...

Court : Kolkata

Decided on : Dec-01-1981

Reported in : AIR1982Cal52,86CWN398

b.n. maitra, j. 1. the plaintiffs instituted the suit for the grant of letters of administration, they alleged that on the 21st nov. 1955, their father, nagendra nath mondal, executed a will. on the 18th dec, 1967. he expired. the executrix under the will was his wife, aiswarjyamoyee dasi. she instituted original suit no. 13 of 1968 for grant of a probate in her favour. but she was prevailed upon by the interested parties to withdraw that suit. the plaintiffs, who are three of his sons, are the beneficiaries under the will.2. defendants nos. 1 and 2. who are nagen's sons, filed a written statement. it has been alleged, inter alia, that the suit is not maintainable and the plaintiffs have no locus standi to bring it. nagendra nath mondal did not execute any such will. it is not at all a genuine document. he had been suffering from illness from before the execution of the alleged will. there was no reason to deprive his two sons (contesting defendants) of his property. moreover, nagendra nath mondal filed title suit no. 714 of 1965 in the 3rd munsifs court, sealdah. after his death, all his legal heirs and representatives including the defendants were duly substituted in his place.3. the learned additional district judge accepted the plaintiff's version, decreed the suit and issued letters of administration with a copy of the will annexed. hence this appeal.4. it has been argued on behalf of the appellants that the suit is not maintainable. reference has been made to jarman on .....

Tag this Judgment!

Nov 10 1981 (HC)

Punjab National Bank Vs. Mehra Brothers (P) Ltd. (In Liqn.) and ors.

Court : Kolkata

Decided on : Nov-10-1981

Reported in : AIR1983Cal335,[1983]54CompCas541(Cal)

..... of claim before the liquidator did not amount to foregoing their claim against the guarantors and also that did not amount to any variation of the contract that was entered into by and between the parties.11. in the circumstances, i am of the view that the plaintiff bank was entitled to ..... is immediate. it is not deferred until the creditor exhausts his remedies against the principal debtor.9. in view of section 137 of the contract act and also in view of various judgments on this point, the surety's liability towards the creditor remains uneffected, even when the creditor has chosen ..... remedies against the principal debtor. in the case reported in : [1969]1scr620 it has been held that under section 128, save as provided in the contract, the liability of the surety is co-extensive with that of the principal debtor. the surety thus becomes liable to pay the entire amount. his liability ..... debtor's liability was diminished in appeal, surety's liability was also diminished in like proportion. mr. d' rose referred to section 133 of the contract act and submitted that there had been a variance, made in the agreement as to the liability of the principal debtor without the surety's consent. ..... for relief of agricultural indebt-ness act, 1957 for scaling down his decretal liabilities, it was held that by virtue of section 126 of the contract act, surety was entitled to the benefit of the outcome of the application under section 6 of the act of 1957, and where the principal .....

Tag this Judgment!

Oct 20 1981 (TRI)

Ram Gopal Neotia Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Oct-20-1981

Reported in : (1982)1ITD160(Kol.)

..... against the government at the instance of the promisee, notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required by article 299 of the constitution. since the doctrine of promissory estoppel is an equitable doctrine, it must yield when equity so requires. if it can be shown ..... some state of facts alleged to be at the time actually in existence and not to the promises de futuro which, if binding at all, must be binding only as contracts and here there was no representation of an existing state of facts by the plaintiffs but it was merely a promise or representation of intention to act in a particular .....

Tag this Judgment!

Sep 23 1981 (HC)

Eastern Coal Fields Ltd. Vs. Regional Labour Commissioner, (Central) a ...

Court : Kolkata

Decided on : Sep-23-1981

..... the provisions of the act although in view of section 4(5) an employee may be entitled to receive higher amount under a more favourable term or contract. he also submits that the decisions of the supreme court made in kastlingam's case and punjab beverage company's case cited by mr. sengupta are not ..... clearly provides that nothing in the gratuity act will affect the right of an employee to receive better terms of gratuity under any award or agreement or contract in writing. he submits that when gratuity is payable under the gratuity act and not under any other act, the claim for gratuity must be made ..... wage agreement dated 11th december, 1974 was undesirable, but the appellate authority had no authority to extend any benefit which did not expressly arise out of any contract. he also submits that the appellate authority could not confer any new right and the controlling and/or the appellate authority ought to have decided as to ..... the attention of the court to section 14 of the payment gratuity act and submits that the said section 14 has an overriding effect over any other existing contract. mr. chaudhuri also submits that the appellate authority did not make any finding that the petitioner had a right to receive payment of gratuity like other ..... a man to different forums to get a part of the payment of gratuity under the gratuity act and part of gratuity under a contract from a different forum. he submits that the respondent no. 2 is entitled to get payment of gratuity in terms of the .....

Tag this Judgment!

Sep 06 1981 (HC)

Commissioner of Income-tax, Central-i Vs. Steelcrete (P.) Ltd.

Court : Kolkata

Decided on : Sep-06-1981

Reported in : [1983]142ITR45(Cal)

..... the i.t. act, 1961, it was intended that the property in the goods would pass to the assessee at the relevant time when the contract was entered into but the right of ownership of the assessee was restricted by several conditions in order to ensure that due payment to the government was ..... out of the monthly bills. it was submitted on behalf of the revenue that the ownership was retained by the government during the pendency of the contract and the assessee did not have any incidence of ownership except the right to use even after the full payment was made. a good deal of ..... construction of wharves and berths, additional berths scheme, vizagapatuam port. by that letter the said superintending engineer conveyed that it was intended to award the contract on the aforesaid matter on the terms and conditions mentioned in the said letter. it was mentioned that the assessee intended to import certain items of ..... which the assessee was required to accept within seven days of the receipt of the said letter in order to enable it to receive the said contract. as the assessee wanted to import the aforesaid items from east european countries and the government of india had insisted upon import of the same from ..... made and the contract was fully implemented so far as his all conditions are fulfilled and the conditions must be read in that context. if it is read in that .....

Tag this Judgment!

Aug 31 1981 (HC)

Barun K. Sinha and anr. Vs. District Magistrate, Murshidabad and ors.

Court : Kolkata

Decided on : Aug-31-1981

Reported in : AIR1982Cal19

..... the superintendent accepted the tender of the petitioner who offered the lowest rate and communicated his decision to the department of public health. subsequently, the contract of the petitioner was cancelled and the tender of respondent no. 3 was accepted after giving requisite notice in terms of clause 20 of the ..... west bengal reserves the right to reject any tender without assigning any reason thereof and acceptance of lowest rates will not be obligatory to the contracting officer, 'the chairman of the district diet committee or for that the district diet committee has got the absolute power to pick and choose ..... considered. in other words, there cannot be any discrimination at the threshold or at the time of entry in the field of consideration of persons with whom contracts will be made by the government. the decision in : [1975]2scr674 , erusian equipment and chemicals ltd. v. state of west bengal and : [1977 ..... the tender notice inviting tenders within the time specified is entitled to have his tender considered as it is a case of distribution of public contracts. true that the petitioner has got no legal right to claim that the tender submitted by him must be accepted by the tender committee, ..... west bengal reserves the right to reject any tender without assigning any reason thereof and acceptance of lowest rates will not be obligatory to the contracting officer. this tender notice has been annexed as annexure 'b' to the petition. a schedule of rates of dietary articles for the year .....

Tag this Judgment!

Aug 10 1981 (HC)

Indian Leaf Tobacco Development Co. Ltd. Vs. Commissioner of Income-ta ...

Court : Kolkata

Decided on : Aug-10-1981

Reported in : [1982]137ITR827(Cal)

..... the kerala high court in the case of m. shamsuddin & co. v. cit : [1973]90itr323(ker) . there, for cashew kernels exported by the assessee-firm in respect of the forward contracts, prices used to be fixed in dollars and at the time of payment, the assessee would receive the rupee equivalent of the price. on account of such receipt by the ..... in that light, it seems to me it is precisely on all fours with the case of any trader who, having acquired commodities for the purpose of carrying out a contract, which falls under the head of revenue for the purpose of assessment under schedule d, case i, then finds that he has bought more than he ultimately needs and proceeds ..... they had made by buying forward, instead of waiting until they had to provide the money : i do not think it has anything to do with the profit of the contract itself. it was, as i say, a mere appreciation of something which they had got in hand, and i think the commissioners were bound to hold (because i see no .....

Tag this Judgment!

Aug 10 1981 (HC)

Prasanta Kumar De Chowdhury and ors. Vs. Tapas Kumar Das

Court : Kolkata

Decided on : Aug-10-1981

Reported in : AIR1981Cal332,86CWN56

..... effect, that portion may be normally overlooked.7. in this connection mr. mitter refers to section 4 (2) of the act which states (that) rent in the absence of any contract rent is to be paid by the 15th of the next following month and argues that section 17 (1) relating to the portion underlined is contrary to section 4 (1 .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //