Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Feb-18-1993
Reported in : (1993)45ITD352(Kol.)
..... or the transfer of any right in the property in favour of the insurance company and that the payment was by virtue of the contract of insurance or indemnity and under the terms of the said contract.7. respectfully following these two decisions, we hold that the cit (appeals) was not right in directing the assessment of the amount of rs. 8 ..... ) of the act and the provisions of section 45 were not attracted. it was held that the money received under the insurance policy in such case was by way of indemnity or compensation for the damage, loss or destruction of the property. it was further held that the compensation cannot be stated to be consideration for the transfer of the property .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-22-1993
Reported in : 210ITR222(Cal)
..... the said premises to sri chakraborty. this tenancy had also been revoked by sri chakraborty on june 3 and 4, 1982. laxmi textile mills pvt. ltd. had no privity of contract with the respondent-assessee. in these circumstances, the removal of lakshmi textile mills pvt. ltd. who had been inducted by sri chakraborty was nothing but an attempt on the part ..... assessee was able to obtain possession of the portion of the first floor of firpo building which was in the occupation of laxmitextile mills pvt. ltd. without there being any contract with the respondent-assessee. the assessee was able to let out the same space to the bank at higher rates soon after getting the area vacated by laxmi textile mills .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-22-1993
Reported in : AIR1994Cal191
..... possibly be adjudicated in the present suit. a subsequent purchaser of property may have an interest in the property and his presence might be necessary as specific performance of the contract of sale may have to be ultimately obtained against him he being the successor-in-interest of the seller, but no such question arises when thereis merely an agreement to ..... exercised. it is true that the second paragraph of s. 40 of the transfer of property act makes a substantial departure from the english law, for an obligation under a contract which creates no interest in land but which concerns land is made enforceable against an assignee of the land who takes from the promisor either gratuitously or takes for value ..... ]1scr293 . there the supreme court observed as follows (at p 749):--'reading s. 14 along with s. 54 of the transfer, of property act it is manifest that a mere contract for sale of immovable propertydoes not create any interest in the immovable property and it, therefore, follows that the rule of perpetuity cannot be applied to a covenant of pre ..... but with notice. a contract of this nature does not stand on the same footing as a mere personal contract, for it can be enforced against an assignee with notice. there is superficial kind of resemblance between the personal obligation created by the .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-08-1993
Reported in : AIR1994Cal232
..... respondent company which constituted state under article 12 of the constitution may be in certain circumstances subject to article 14 of the constitution in entering or not entering into contracts and must be reasonable and taken only upon lawful and relevant consideration; it depends upon facts and circumstances of a particular transaction whether hearing is necessary and reasons ..... touch-stone of reasonableness and pubic interest and in case either of the tests arenot satisfied, the action would be unconstitutional and invalid.' 'if the cancellation of the contract by the appellant corporation was arbitrary and unreasonable and against the rule of fairplay of it its action, even from administrative point of view was arbitrary and unreasonable, the ..... with standard or norm which is not arbitrary, irrational or irrelevant. the power of discretion of the government in the matter of grant or largess including award of jobs, contracts quotas, licences etc, must be confined and structured by rational, relevant and non-discriminatory standard or norm and if the government departs from such standard or norm in ..... discrimination in such transactions ....... the activities of the government have to public element and, therefore, there should be fairness and equality. the state need not enter into any contract with anyone, but if it does so, it must do so fairly without discrimination and without discrimination and without unfair procedure'. this proposition would holdgood in all cases of .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-02-1993
Reported in : AIR1994Cal43,98CWN216
orderumesh chandra banerjee, j. 1. both the english act of 193s (trade marks act, 1938) and the indian act of 1958 (the trade and merchandise marks act, 1958) are in pari materia with each other in regard to the availability of a defence of special circumstances in the matter of an application for removal of a registered mark from the register of marks. for convenience's sake ss. 26(1) and 26(3) of the english act and ss. 46(1)(b) and 46(3) of the indian act are set out hereunder.'26. (1) subject to the provisions of the next succeeding section, a registered trade mark may be taken off the register in respect of any of the goods in respect of which it is registered on application by any person aggrieved to the court or, at the option of the applicant and subject to the provisions of section fifty-four of this act, to the registrar, on the ground either-(a) that the trade mark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods by him, and that there has in fact been no bona fide use of the trade mark in relation to those goods by any proprietor thereof for the time being up to the date one month before the date of the application; or (b) that up to the date one month before the date of the application a continuous period of five years or longer elapsed during which the trade mark was a registered trade mark and during which there was no bona fide use thereof in relation to those goods .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-04-1993
Reported in : 213ITR334(Cal)
..... from the companies. no remuneration or commission could therefore be said to have accrued to them. ...'13. thus, if the assessee can show that either by the covenants in the contract or by any operation of law, the right to receive did not arise to the assessee and, therefore, no debt equivalent to the amount of the income in question was ..... dated may 18, 1972, declared the company to be a relief undertaking under the provisions of the west bengal relief undertakings (special provisions) act, 1972, and the operation of all contracts including obligations and liabilities accruing thereunder were suspended by the notification. the income-tax officer rejected the claim of the assessee on the ground that as the assessee was maintaining ..... that both messrs. bird and co. and messrs. kumardhubi engineering works ltd. have been taken over by the state and the relevant notifications make it clear that operations of all contracts and all obligations remained suspended. it is evident that there was definitely an element of uncertainty as to the receipt of the interest income from each of the companies inasmuch .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-09-1993
Reported in : 217ITR185(Cal)
..... of intent and the certificate from the agent of rajpura colliery.3. the commissioner of income-tax (appeals) observed that the letter of intent described the contract as one for hiring heavy machinery. but the nomenclature was neither accurate nor decisive. he pointed out that the rate of payment was fixed with reference ..... moving machinery. it was pointed out that from the tax deduction certificate issued by the collieries it was noticed that the payments were made against the contract for hiring the aforesaid machinery. the income-tax officer further stated that the certificate of the agent of the colliery was of a general nature stating ..... quantum of work done by such machines. the assessee, however, claimed that it carried on the business of mining contract which the income-tax officer, however, did not accept and expressed a view that even if the firm was engaged in mining coal under the ..... contract the mere act of being engaged in removing the overburdens and extracting coal for others would not make the assessee an industrial undertaking. therefore ..... officer further pointed out that the certificate did not mention that the assessee was given a contract for mining work and on the other hand, the letter of intent and tax deduction certificate showed that the contract was for the hire of machinery on fixed rates depending on the nature of work and the .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-26-1993
Reported in : (1993)2CALLT292a(HC),97CWN941
..... death of the party to intimate to the court about the death of the party represented by the counsel and for this purpose a deeming fiction is introduced that the contract between dead client and lawyer subsists to the limited extent after the death of the client.'21. even the case of ajai verma v. ram vharosealal and ors., : air1951all794 does .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-20-1993
Reported in : 85CompCas748(Cal),98CWN121
..... thousand only).'24. in the letter of invocation of the bank guarantee, as we have already indicated, the appellant enumerated the breaches of the contract/letter of intent. it has also been specifically mentioned in the said letter that acts of breaches mentioned therein and failure and negligence on the ..... the bank guarantee is as follows :'we, united bank of india do hereby irrevocably guarantee the fulfilment by the said contractor of the said contract letter of intent and undertake to pay the amounts due or payable under this guarantee without any demur, merely on a demand from shree precoated ..... coated sheets, vide letter of intent dated december 21, 1991. (ii) i. f. b. industries ltd. have committed breaches of the bank terms of the contract and has not yet completed the aforementioned job and have also committed the following breaches : (1) delay in submission of drawings ; (2) delay in supply ..... to the appellant, right from the beginning the plaintiff-first respondent failed to comply and fulfil the diverse terms and conditions of the said contract. failure to comply with the obligation on the part of the plaintiff-first respondent has been recorded from time to time in the correspondence ..... caused or suffered by the appellant by reason of the plaintiff-first respondent committing breach of any of the terms and conditions of the contract. the bank guarantee further provided that the bank would not be relieved from its liability by reason of variation or extension being granted to .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-05-1993
Reported in : AIR1993Cal184,(1993)2CALLT423(HC)
..... commodities for money or other commodities. in the complexities of modern conditions, in their wide sweep are included carriage of person and 'goods by road, rail, air, waterways, contracts, banking, insurance, transactions in the, stock exchange and forward markers, cpmmunication of information, supply of energy, postal and telegraphic services and many more activities -- too numerous to ..... and commercial as also managerial assistance and information which may be helpful to boeing's customers and for rendering assistance as boeing made reasonably require in concluding the contract with the customers of aircrafts. the compensation payable to the respondent under the said agreement, was two fold, firstly annual retainership payable in quarterly instalments and secondly ..... no specific denial about the said statement. therefore, the said facts goes uncontroverted. therefore, the services which were rendered even after the expiry of the alleged written contract and the consultancy charges payable therefor cannot be a subject-matter of arbitration. the learned counsel of the respondent relied on a decision reported in air 1949, cal ..... other services to the petitioner at the specific request of the petitioner in november, 1987. the respondent was performing the services even after the expiry of the contract at the instance of the petitioner and the petitioner consistently reiterated its intention to pay the compensation rightfully earned by the respondent upon conclusion of the sale. the .....Tag this Judgment!