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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 1997 Page 1 of about 29 results (0.041 seconds)

May 15 1997 (HC)

Assambrook Exports Ltd. and anr. Vs. Export Credit Guarantee Corpn. of ...

Court : Kolkata

Decided on : May-15-1997

Reported in : AIR1998Cal1

..... that of the ordinary contractual warranty. otherwise there is no principle in insurance law which is at variance with the ordinary principles of the law of contract.'46. a contract of insurance is primarily a contract of indemnity but it may be framedotherwise, in terms whereof the insurer has certainobligation. 47. in lucas ltd. v. export credits guarantee depatment reported in 1974 (2 ..... price. the export credit guarantee department of the department of trade issues to exporters policies covering them them upto specified percenages against non-commercial risk. these policies are contracts of indemnity and if payment has been made under a policy by the department of trade in respect of a loss due to restrictions on the export of currency, and the ..... made by the first petitioner as regards the solemn promise made by it. a case of this nature would not fall within the general cases arising out of a pure contract qua contract.30. in life insurance corporation of india v. escorts ltd. reported in : 1986(8)ecc189 , the apex court was concerned with transfer of shares. the apex court ..... stated :--'the ministry of foreign economic relations of the republic of kazakhstan is pleased to inform that it is taking all the possible measures to perform its obligations under the contract concluded between 'rassik woodworth limited' and the state joint-stock company 'kazpishepromsyrio' for the delivery of tea to kazakstan. but some difficulties related to introduction .! the national currency, .....

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Dec 02 1997 (HC)

Shyam Sundar Ganeriwalla and Etc. Vs. Delta International Ltd. and anr ...

Court : Kolkata

Decided on : Dec-02-1997

Reported in : AIR1998Cal233

..... , l.c. in north eastern rail co. v. lord hastings, reported in (1900-1903) all er (reprint) 199, held that in particular circumstances an adherence to the letter of a contract may produce an apparent injustice.43. the supreme court, however, explained shelt mex and b.p. ltd. v. manchester garages ltd. (1971 (1) all er 841) (supra) in capt. b ..... . hazelhurst, reported in (1978) 2 all er 1011 held, that :--'having regard in particular to the fact that h and s were liable only for the consideration they had each contracted to pay and were not jointly and severally liable for the total consideration, the separate obligations contained in the two agreements could not be reconstructed into one joint obligation without ..... : whether it was intended that the occupation should have a stage in the room or whether he only had permission for himself to occupy the room personally, whether under a contract or not. applying that test to the circumstances of the case c was not a tenant but a contractual licensee and so was not entitled to security of tenure under .....

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Nov 24 1997 (TRI)

income Tax Officer Vs. Voest Alpine

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Nov-24-1997

Reported in : (1998)67ITD219Cal

..... the work done in austria. the learned counsel for the assessee further submitted that the assessee became entitled to 7 per cent of the contract price and for remittance of that money the assessee had to pay advance-tax under protest for obtaining no-objection certificates because the assessee followed ..... and therefore the steel authority of india ltd. (sail) issued the tender. he further clarified that no work had actually been done and the contract had not been worked out and according to the agreement, services were to be rendered outside india and the remittance of the technical fees was ..... the assessee also submitted that in pursuance of the above agreement, dt. 15th september, 1993, the assessee-company provided to l&t the pre-contract technical services and such services were rendered by the assessee-company entirely at its office in linz, austria. it was also clarified that the assessee- ..... all technical details and information. as per agreement, the assessee-company would carry out its work generally in its office in linz, austria. in pre-contract phase, the assessee-company was to provide basic data, engineering data, documentation, etc. at the assessee-company's office in austria and in austria ..... in india directly or indirectly being principal contractor and as per the provision of s. 9 of the it act, the income in connection with such contract did accrue or arise in india which was chargeable to tax in india. according to the ao, the provisions of s.44ab were applicable in .....

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Nov 24 1997 (HC)

income Tax Officer Vs. Voest Alpine Industrieanlagenbau

Court : Kolkata

Decided on : Nov-24-1997

Reported in : (1998)62TTJ(Cal)384

..... and therefore the steel authority of india ltd. (sail) issued the tender. he further clarified that no work had actually been done and the contract had not been worked out and according to the agreement, services were to be rendered outside india and the remittance of the technical fees was for ..... it was also clarified that the assessee- company had no office branch or any permanent establishment in india. the assessee further submitted that eventually, sail granted contract to the assessee-conpany-l&t; combined in june, 1994, and as per the agreement l&t; was to pay rs. 30,89,11,400 ..... t; was to pay to the assessee- company 7 per cent of the contract price net of taxes as technical fees. the assessee also submitted that in pursuance of the above agreement, dt. 15th sept., 1993, the assesseecompany provided ..... with all technical details and information. as per agreement, the assessee- company would carry out its work generally in its office in linz, austria. in pre-contract phase, the assessee- company was to provide basic data, engineering data, documentation, etc. at the assessee-company's office in austria and in austria l& ..... business in india directly or indirectly being principal contractor and as per the provision of s. 9 of the it act, the income in connection with such contract did accrue or arise in india which was chargeable to tax in india. according to the ao, the provisions of s. 44ab were applicable in this .....

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Jul 08 1997 (HC)

Lee Young Sang and anr. Vs. the Board of Trustees for Port of Calcutta ...

Court : Kolkata

Decided on : Jul-08-1997

Reported in : (1997)2CALLT359(HC)

..... of the ship and that the salvaging operation is to be undertaken by the charterers also.15. on the 23rd of june 1977 there was a meeting wherein the protection & indemnity club of london, who were the insurers were represented. the second appellant also attended the meeting. the port authorities were there. salvaging was discussed. it was noted that the salvaging ..... decree.40. mr. mitter then gave us the case of v.k. gujral, which is a decision of goswamy j. reported at air 1980 del. 71. there a diplomat had contracted for repair of a house and had alleged that the repair was badly done. there were leaks of a serious nature which were apparent during the rainy season. in refusing .....

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Jun 27 1997 (HC)

Smt. Minati Sen Alias Smt. D.P. Sen Vs. Kalipada Ganguly and Others

Court : Kolkata

Decided on : Jun-27-1997

Reported in : AIR1997Cal386

..... intimate the court about the date of death of the parly represented by him. for this purpose, this deeming fiction is introduced by the amendment to the effect that the contract between the dead client and the lawyer subsists to the limited exlcnl after the death of the party. in the present case, the date of death was brought on record .....

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Jun 13 1997 (HC)

Rajkumar Chowdhury Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Jun-13-1997

Reported in : (1997)2CALLT242(HC)

..... order dated 3rd june, 1992 passed by this court, the said disputes were referred to arbitration in terms of the arbitration agreement contained in the said contract.9. pursuant to the said order dated 3rd june, 1992 the general manager of the south eastern railway appointed sri dharampal, deputy chief engineer (bridge ..... the aforesaid decision which is as follows:-''once it was found that the arbitrator had jurisdiction to find that there was delay in execution of the contract due to the conduct of the respondent, the respondent was liable for the consequence of delay, namely, increase in prices.'15. the learned advocate ..... it was held by the supreme court that 'it was found that the arbitrator had jurisdiction to find that there was delay in execution of the contract due to the conduct of the respondent, the respondent was liable for the consequence of delay, namely, increase in price.' the arbitrator had jurisdiction ..... the reason for such rejection as appears from the award is as follows: 'claim is rejected as there is no provision of escalation in the contract between the parties.' the said reasoning as has been submitted by the learned advocate for the petitioner is contrary to the well settled principles of law ..... of extra claims in the event of price escalation, but rejected the claim on the ground that 'there is no provision of escalation in the contract.' the said reasoning, in my view, appears to be contrary to the principle laid down by the supreme court.22. with regard to the .....

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Apr 10 1997 (HC)

Hardeodas Agarwalla Trust Vs. Vijay Singh Choraria

Court : Kolkata

Decided on : Apr-10-1997

Reported in : (1997)2CALLT272(HC),[1998]232ITR812(Cal)

..... of any intending transfer to inform the authorities four months before such transfer. in this case, if at all the defendants have entered into a contract with the plaintiff for the lease of the property it was also the duty of the defendants to inform about the proposed transfer. the defendants being ..... on reading the whole of the plaint, it emerges that the cause of action is implicit in the pleadings that due to non-performance of the contract by the defendants, the plaintiffs has asked in the suit for appropriate remedy. it is strange to note that the defendants have not yet filed ..... the inaction or wrong done by the adversary. since the plaintiffs had complained of the conspicuous silence/inaction of the defendants in doing their part of the contract which resulted in severe pecuniary loss and other inconvenience and, therefore, he filed the present suit. thus, from the above fact, it cannot be ..... the agreement dated august 12, 1989, for the grant of sub-lease of the premises no. 239, the suit was filed for specific performance of the contract. it further appears that defendant no, 2 in the suit has not yet filed the written statement. defendant no. 2 is the managing trustee of defendant ..... 2. the opposite party plaintiff has filed the suit against the present petitioner who is defendant no. 1 in the trial court for specific performance of the contract in respect of the suit properties, on the ground that defendant no. 1, which is a trust, had executed a deed of agreement on or about .....

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Apr 10 1997 (HC)

Universal Paper Mills Limited Vs. Union of India and ors.

Court : Kolkata

Decided on : Apr-10-1997

Reported in : (1998)1CALLT155(HC)

..... been pointed out in the said decision that reciprocal rights and obligations arising out of agreement do not depend on further enforceability upon whether a contracting party finds it prudent to abide by the terms of contract. the jurisdiction of the high court is not intended to facilitate avoid some obligations as enjoined under the statute.5. mr. pal. the learned counsel .....

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Apr 03 1997 (HC)

Brojendra Nath Samanta and Others Vs. Cesc Limited and Cmc

Court : Kolkata

Decided on : Apr-03-1997

Reported in : AIR1997Cal352

..... thereunder; particularly in view of the interim order passed by this court.so far as clause 4 of conditions no. 25(a) is concerned, such a contract, even assuming for the sake of argument could be entered into, the same must be subject to the provisions of section 9(2) of the act. ..... any such agreement as has been asserted by the `cityscape' the same would be contrary to public policy and thus void under section 23 of the indian contract act.as indicated hereinbefore, mr.mukherjee has also conceded that `cityscape' cannot thrust itself upon the petitioners to take supply of electrical energy from it.17. ..... os minimum charges held that section 22 obliges the board to supply to every person within the area of supply energy on the same terms. a contract of supply of electrical energy is statutory in nature.16 it is not dispute that as regard 89 per cent of the said market complex, the ..... whereof all h.t. services being switched on, all other supplies at the market complex would be entirely removed.9.it is absolutely clear that a contract entered into by and between cesc ltd.and `cityscape' is not binding on the petitioners.they are not even the tenants of `cityscape'.only be reason ..... the consumer for consumption within the area of the premises specified in the agreement. (iv) energy purchased under a special contract may be supplied or re-sold in accordance with the terms and provisions of such contract.in no case may the consumer charge more for energy re-sold under (i), (ii), (iii) or (iv .....

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