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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 1986 Page 1 of about 37 results (0.014 seconds)

Feb 03 1986 (HC)

Centax (India) Ltd. Vs. Vinmar Impex Inc. and ors.

Court : Kolkata

Decided on : Feb-03-1986

Reported in : AIR1986Cal356

..... court judgment in the case of united commercial bank v. bank of india (supra). in our opinion whether it is a bank guarantee or a letter of credit or contract of indemnity, the enforceability of such an instrument against the bank depends on the terms and conditions of the same. the question before the court in such a case is whether the ..... are merely instruments to reimburse. it is not even a contract of indemnity. he has submitted that irrespective of the expressions 'guarantee' or 'indemnity' used from time to time on behalf of the appellant-petitioner, it is the substance and not the form which is to be looked into ..... sometimes as bank guarantees, sometimes as indemnities and sometimes as both. mr. mitra has submitted that these are not bank guarantees at all. these ..... which provides as follows :'24. contract of idemnity defined -- a contract by which one party promises to save the other from loss caused to him by theconduct of the promisor himself, or by the conduct of any other person, is called a 'contract of indemnity'.'in the plaint and various petitions and affidavits filed on behalf of his clients, these instruments have been described .....

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Nov 06 1986 (HC)

Rampooria Brothers Private Limited Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Nov-06-1986

Reported in : [1987]167ITR859(Cal)

..... conclusion that any activity carried on by a company permitted by its memorandum would constitute business. the tribunal noted that the assessee had furnished guarantees and indemnities earlier without any consideration to other parties. it was found that in the instant case, there was no evidence that the principal debtor had agreed to ..... association of the assessee. the said clause, which has been noted earlier, clearly permitted the assessee to lend money or to guarantee the performance of contracts or payment of money by any person or company irrespective of whether the latter were customers of and had transactions with the assessee or not and the ..... was granted by the collector of land customs. in december, 1967, the assessee furnished counter-indemnity in respect of a loan of over rs. 3,00,000 in favour of bokaro steel ltd. at the request of one asian refractories ltd. ..... may seem expeditious, and in particular to customers and others having dealings with the company and to guarantee the performance of the contracts or payment of money to any such persons or companies.'2. in the year 1963-64, the assessee furnished a guarantee in respect of certain ..... contracts of carriage by one great india boat company from one part of india to another through the territories of pakistan for which sanction .....

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Nov 26 1986 (TRI)

Collector of Customs Vs. Mansingka Brothers

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Decided on : Nov-26-1986

Reported in : (1987)(13)LC717Tri(Kol.)kata

..... (control) fifteenth amendment order, 1979 came into force which imposed a complete ban on export of silver including plebian contracts. the agreement between the dealer and the state trading corporation contained an indemnity clause according to which in case the contract with foreign buyer could not be performed the dealer undertook to indemnify the state trading corporation. it was held that ..... not by the high court. the learned advocate for the respondent cannot, therefore, question the propriety of the high court's proceeding on the basis of assumption regarding the contract.the high court is also not precluded from discussing the issues and recording its findings although the writ petition may be premature.45. amongst the other reasons which shri ..... .1 of the adjudication order in appeal no. c- 24/85-cal, to the effect that the importers should have sought clarifications from the concerned authorities before entering into any contract with the foreign suppliers and said that because of those observations he would like to submit the following documents as additional evidence: - (i) copy of letter in (p) ..... even though the contract to export silver related to pre-ban period, the court would not interfere with the government order .....

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May 23 1986 (HC)

Peerless General Finance and Investment Co. Ltd. and anr. Vs. Union of ...

Court : Kolkata

Decided on : May-23-1986

Reported in : [1987]61CompCas628(Cal),91CWN596

..... with an argument regarding the legislative competence and it was held that the field of legislation was not lottery by itself but the wider field of contract with sinister features associated with money circulation and prize chit schemes including the feature of giving of prizes. those observations, in our view, cannot ..... prize or a gift or not, (ii) the pith and substance of the said act is banning of each of the different species of contracts with sinister effect, and gambling or the chance element is not the core or substance or the true nature of the prohibited activities under section ..... to take cognizance of. according to mr. gupta, the learned trial judge went wrong in thinking that what the act prohibits is not only contracts involving schemes having the sinister features of gambling and/or lottery but having any other kind of sinister feature though not specified by the statute. ..... judge has misconstrued the definition clause in reading the two sub-clauses as alternative to each other and also in thinking that the act bans contracts with sinister element not limited to awarding prizes or gifts based on any lot, draw or the like but also other and different types of ..... money circulation as contemplated by section 2(c) of the said act. it was urged that though promoted as schemes, the appellants entered into individual contracts with each certificate holder or subscriber on the terms and conditions set out in the respective certificate. secondly, it was contended that when no ban .....

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Apr 29 1986 (HC)

Controller of Estate Duty Vs. Ratanlal Roy and ors.

Court : Kolkata

Decided on : Apr-29-1986

Reported in : [1987]164ITR48(Cal)

..... to obey the directions of the author of the trust given at the time of its creation, except as modified by the consent of all the beneficiaries being competent to contract.'27. the learned advocate for the revenue contended that rangalal, the deceased, was a party to the deed of endowment dated september 19, 1940, and to the charge or encumbrance ..... not be enforced by a suit. the beneficiary was not in the picture at all and the promise to pay money in the shape of gift did not create a contract in law. in any event, there was no consideration in money or money's worth for the same.12. a contention made that the consideration for the said debt in .....

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Dec 03 1986 (HC)

Dwijendra Nath Mullick and anr. Vs. Rabindra Nath Chatterjee and ors.

Court : Kolkata

Decided on : Dec-03-1986

Reported in : AIR1987Cal289

..... he has referred to section 14 of the partnership act, which is as follows :'s. 14. the property of the firm. -- subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the stock of the firm, or ..... west bengal premises tenancy act. nonetheless these decisions are of some assistance because they indicate in what manner the applicability of section 23 of the contract act ought to be considered. in deciding the effect of section 14 of the west bengal premises tenancy act, the court ought to examine ..... west bengal premises tenancy act. nonetheless these decisions are of some assistance because they indicate in what manner the applicability of section 23 of the contract act ought to be considered. in deciding the effect of section 14 of the west bengal premises tenancy act, the court ought to examine ..... benefits of the rent control legislation appears to be the same as that under the general law. in the absence of a privity of contract, the unauthorised sub-tenancies are not binding upon the superior landlord who can evict such sub-tenants in execution of eviction decrees obtained against ..... creating of unauthorised subletting would not defeat provisions of any law. subletting under the general law was not unlawful and in the absence of a contract to the contrary a tenant could sublet. under the rent control legislation some classes of subtenants have been given protection from eviction. the legal .....

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Sep 10 1986 (HC)

Dr. P. Chattopadhyay Vs. the Institute of Cost and Works Accountants o ...

Court : Kolkata

Decided on : Sep-10-1986

Reported in : (1987)0CALLT179(HC)

..... the court.48. the supreme court has further observed that the doctrine of distributive justice is another jurisprudential concept which has affected the law of contracts. according to this doctrine, distributive fairness had justice in the pocession of wealth and property can be achieved not only by taxation but also ..... notice. such a condition or provision is unconscionable, unfair, unreasonable and opposed to public policy, apart from holding that an unconscionable bargain or contract is one which is irreconcilable with what is right or reasonable or the terms of which are so unfair and unreasonable that they shock the ..... to divest it of its character of an instrumentality or agency of the state.47. dealing with the other question of the effect of unconscionable contract of employment, clause 9(1) of the service discipline and apple rules, 1979 of the central inland water transport corporation limited has been ..... is governed by the principles of master and servant. according to him this case was really governed by such principles and not by any statutory contract or authority. he also contended that a resignation after acceptance as in his case, would not be open for withdrawal. it was mr. banerjee ..... findings the learned trial judge has further observed that therefore, even if there is a wrongful termination of the service or a wrongful termination of contract of employment, for that the employees' remedy would be by way of damages in a evil action and not by a petition before this .....

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Sep 01 1986 (HC)

Pabitra Kumar Das and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Sep-01-1986

Reported in : AIR1987Cal243

..... necessary requirement as appearing from the terms and conditions of the relevant tender schedule of the contract that the contracts would be awarded only to those concerns which could produce valid sales tax and income tax clearance certificates. it is not clear from the materials on record ..... in the tender notice that failing production of sales tax clearance certificate and income tax clearance certificate the tender submitted by the applicants will not be considered and the contracts and orders will not be awarded. in spite of all these, as contended, by the learned advocate for the petitioners, the respondent authority without any application of ..... orders to the said respondents. one would not have any hesitation to conclude that the respondent authority had not applied its mind in awarding the work orders of the contract to the said private respondents. it would appear from their own statements that they had not necessary experiences in the field. the respondent authority clearly ignored one very ..... for sales tax clearance certificate was made under the mistaken notion that certificate meant for business for supplying of dietary articles to the institutions or hospitals if the contract was ultimately allotted to the tenderers and regarding affirming affidavit furnished along with the tender application the explanations of those respondents were that while affirming the affidavit they were .....

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Aug 22 1986 (HC)

Basanti Bastralaya Vs. River Steam Navigation Co. Ltd. and ors.

Court : Kolkata

Decided on : Aug-22-1986

Reported in : AIR1987Cal271,[1989]66CompCas270(Cal)

..... parties must have meant by the words quoted above detention of goods by the pakistan government due to hostility resulting in impossibility of performance of the contract and thereby absolving the defendant nos. 2 and 2a from all liability under the three policies. i accept this contention. in my opinion, the ..... rejoinder denying the knowledge of that special term. none of the plaintiff's two witnesses said in evidence that the plaintiff was ignorant aboutthis special contract or did not have sufficient notice thereof. hence i hold that the case relied on by the plaintiff's counsel has no application on the facts ..... and had been disclosed and tendered by the plaintiff. there was no pleading in the plaint that the plaintiff was unaware of that term when the contract of insurance was entered into between the parties. as a matter of tact, when in me written statement the defendant no. 2 took this plea ..... the jury found that the passenger knew that there were something printed on the ticket but did not know that they were the terms of the contract of carriage. upon the finding of the jury, a decree was passed for 100. an appeal was preferred by the appellants which was dismissed. ..... contesting defendants.11. the defendant no. 1 in its written statement has admitted the transactions mentioned in the plaint and has relied on a special contract between the parties relating to the said transaction exempting the defendant no. 1 from all liabilities due to delay, damage or loss on account of .....

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Jul 22 1986 (HC)

Commissioner of Income-tax Vs. Hoare Miller and Co. Ltd.

Court : Kolkata

Decided on : Jul-22-1986

Reported in : [1987]166ITR341(Cal)

..... transaction and the method of operation of the assessee and not the individual transaction.had to be considered. on the question, whether the local purchase transactions were hedging contracts or speculative transactions, he submitted that it has been found as a fact that by making firm offers, the assessee bound itself to export goods to its foreign purchasers ..... future price fluctuations in respect of any contract for actual delivery of goods. therefore, the said local purchase transactions were speculative transactions and the loss suffered by the assessee in respect thereof was speculative loss.18. ..... or merchandise sold by it. the learned advocate submitted that in the instant case, where the firm offers of the assessee were not accepted by the foreign purchasers, no contract for actual delivery of goods came into existence, and, therefore, the assessee could not claim that the local transactions for purchases were transactions for guarding against loss through ..... raw materials or merchandise entered into by a person in the course of his manufacturing or merchanting business to guard against loss through future price fluctuations in respect of his contracts for actual delivery of goods manufactured by him or merchandise sold by him ;...... shall not be deemed to be a speculative transaction. ' 17. construing the said section, .....

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