Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 2003 Page 1 of about 49 results (0.023 seconds)

Apr 04 2003 (HC)

Rahee Industries Ltd. Vs. the Hong Kong and Shanghai Banking Corporati ...

Court : Kolkata

Decided on : Apr-04-2003

Reported in : (2004)1CALLT280(HC)

..... cannot be said to be in respect of the loss under the policy and the contract between the plaintiff and defendant no. 2 ecgc is a contract of insurance which is essentially a contract of indemnity but not full indemnity. it is further contended by mr. mitra that in the event the insurer does ..... s bench division bench 330 in support of his contention that the insurer cannot retain the amount in excess of what it has paid by way of indemnity.30. mr. supriya bose the learned advocate for defendant no. 1 hong kong & shanghai banking corporation ltd. has contended, on the other hand, ..... assignment in the instant case and without being subrogated the insurer cannot claim to retain the amount in excess of what it has paid by way of indemnity. reliance has been placed by mr. mitra on the ratio of the decision in the case of yorkshire insurance co. ltd. v. nisbet shipping ..... of the original plaintiff ultimately vested in the present plaintiff.16. the admitted facts emerging from the materials on record are as follows. pursuant to the contract dated october 8, 1985 which is marked as exhibit 'b' the original plaintiff sold, supplied and exported 20 lacs of clip bolts to the egyptian ..... not indemnity completely but only partially, the insurer has no right of subrogation at all. he has further .....

Tag this Judgment!

Jul 04 2003 (HC)

Bharat Carbon and Ribbon Manufacturing Co. Ltd. Vs. Sant Nirankari Mon ...

Court : Kolkata

Decided on : Jul-04-2003

Reported in : (2004)1CALLT117(HC),2004(2)CHN357

..... of the said agreement as also because of wrongful instance by the plaintiff for execution of the said three other documents being the letter of undertaking, power of attorney and indemnity bond.15. in paragraph 11 of the written statement the defendants craved reference to its letters dated 10th august, 1982, 7th october, 1982, 8th october, 1982 and 22nd november, ..... plaintiff was ready and willing to perform their obligation. in cross-examination the witness consistently deposed that the plaintiff was still ready and willing to perform their obligation under the contract.18. on behalf of the defendant one samir chakraborty, one clerk of the concerned advocate acting on behalf of the appellant adduced evidence. mr. chakraborty deposed in examination-in- ..... conduct of the parties. the evidence adduced on behalf of the plaintiff, according to the court below, was sufficient proof of readiness and willingness of the plaintiff to perform the contract. the suit was therefore decreed accordingly.20. from the judgment and decree dated 31st august 1987 an appeal was preferred on 21st november 1987 wherein this court granted stay of ..... & steel re-rolling mills) . this judgment has no relevance on the subject.(ii) : air1997sc1751 (k.s. vidyanadam and ors. v. vairavan) : when the time was not the essence of contract the suit for specific performance could be filed within three years. even then the apex court held that while exercising discretion the court should look into whether such suit was .....

Tag this Judgment!

Dec 23 2003 (HC)

Gimpex Overseas Pvt. Ltd. Vs. J and C Packaging Pvt. Ltd. and ors.

Court : Kolkata

Decided on : Dec-23-2003

Reported in : 2005(2)CHN40

..... the letter of credit.5. on october 17th, 2003 the plaintiff sent a letter dated october 16th, 2003 to defendant no. 1 alleging breach of terms and conditions of the contract, and perpetration of fraud. the particulars of breach and fraud enumerated in this letter are reproduced below:'a) you did not allow the inspecting agency appointed by us to carry ..... the lc or negotiate the documents to receive payment from third parties whereby we and the federal bank will be compelled to pay such money.n) you entered into a contract without any intention to perform it and your entire act was designed to deceive us by taking advantage of the fact that you being situated in a different country where ..... supply of the goods, and the dispute, if any, is only regarding their quality or quantity; and hence, at best, it can be regarded as a case of breach of contract, if the statements in the pleading are taken at their face value and accepted as true and correct, but it cannot be considered a case of fraud. it is his ..... . on a close examination of the facts, i am of the view that the case made out by the plaintiff can at best be regarded as one of breach of contract, and not one of perpetration of fraud by defendant no. 1. this being the position i am of the view that the plaintiff is not entitled to any injunction to .....

Tag this Judgment!

Nov 19 2003 (HC)

Shyamali Mitra and ors. Vs. Manindra Nath Chatterjee

Court : Kolkata

Decided on : Nov-19-2003

Reported in : 2004(1)CHN138

..... these days landlords will happily accept the lessee's surrender; rarely does the case arise that the landlord does not allow the lessee to go because he is under a contract to pay a very large rent.22. since the lessee's option implies the lessor's option, the proviso came to be inserted, giving both options equally high status.23 .....

Tag this Judgment!

Sep 23 2003 (HC)

Apurba Kumar Nandy Vs. Tirthankar Ganguly and anr.

Court : Kolkata

Decided on : Sep-23-2003

Reported in : 2004(1)CHN592

..... all that there was any fraudulent inducement for parting with those articles in favour of the petitioners company.19. so, it has further been submitted that a mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction that is at the time when the offence ..... dishonest. in the second class of acts, the inducing must be intentional but not fraudulent or dishonest.16. he has further submitted that the distinction between the mere breach of contract and the offence of cheating being very subtle it depends upon the intention of the accused at the time of inducement which may, however, be judged by his subsequent conduct ..... face of the allegation as contained in the petition of complaint it may at best be assumed without admitting the same however that there was some sort of breach of contract but those allegations, in any way, could not give rise to a criminal prosecution as in the instant case in the petition of complaint, there was nothing to show that ..... and for such reason the petitioner had to suffer a huge loss inasmuch as the petitioner had to borrow the machines from other contractors on rental basis for completing his contract job and the aforesaid fact was also intimated to m/s. tools and abrasives centre but the said authorities turned a deaf ear to that.9. it has further been .....

Tag this Judgment!

Sep 17 2003 (HC)

Smt. Kajal Chowdhury Vs. Dilip Chowdhury

Court : Kolkata

Decided on : Sep-17-2003

Reported in : AIR2004Cal113

..... enure to the benefit of the respondent contracting second marriage. the dis-unction sought to be made in the decision in prakash chandra sharma (supra) by mrs. nandy does not appeal to us ..... supra), the husband has a duty to enquire as to whether an appeal has been preferred or not. the embargo has been imposed on the person contracting second marriage. therefore, it is the duty cast upon the appellant. inaction or infraction of any responsibility on the part of the appellant will not ..... own wrong. on this ground, he contends that in view of section 15, the operation of the judgment and decree appealed against should be stayed. contracting of second marriage cannot be a justification to refuse grant of stay in this case.3. mrs. nandy, learned counsel for the respondent, on the ..... [1988]2scr1098 to contend that in view of section 15 of the hindu marriage act, the husband has a duty cast upon him to enquire before contracting second marriage whether an appeal has been preferred after the proviso is deleted. he has also relied on a decision in prakash chandra sharma v. vimlesh ( ..... of the period for preferring the appeal. he was not aware that the appeal was pending when he has contracted second marriage. in fact, the husband had waited for almost nine months before contracting marriage. no intimation of filing of the appeal was ever given to the husband. the husband might have .....

Tag this Judgment!

Sep 17 2003 (HC)

Kajal Chowdhury Vs. Dilip Chowdhury

Court : Kolkata

Decided on : Sep-17-2003

Reported in : 2004(2)CHN191,II(2004)DMC287

..... the respondent contracting second marriage. the distinction sought to be made in the decision in prakash chandra sharma (supra) by mrs. nandy does not appeal to us. the decision of the apex court ..... (supra) and savitri pandey (supra), the husband has a duty to enquire as to whether an appeal has been preferred or not. the embargo has been imposed on the person contracting second marriage. therefore, it is the duty cast upon the appellant. inaction or infraction of any responsibility on the part of the appellant will not enure to the benefit of ..... cannot take advantage of his own wrong. on this ground, he contends that in view of section 15, the operation of the judgment and decree appealed against should be stayed. contracting of second marriage cannot be a justification to refuse grant of stay in this case.3. mrs. nandy, learned counsel for the respondent, on the other hand, contends that the ..... kaur v. gurmit singh, : [1988]2scr1098 to contend that in view of section 15 of the hindu marriage act, the husband had a duty cast upon him to enquire before contracting second marriage whether an appeal has been preferred after the proviso is deleted. he has also relied on a decision in prakash chandra sharma v. vimlesh (smt.), 1995 supp. 4 .....

Tag this Judgment!

Sep 11 2003 (HC)

Bijoy Kumar Chatterjee Vs. Minor Pradip Kumar Dutta and ors.

Court : Kolkata

Decided on : Sep-11-2003

Reported in : 2004(1)CHN243

..... performance in favour of the plaintiffs respondents can be exercised. accordingly we hold that the learned trial court is not at all justified in granting decree for specific performance of contract in favour of the plaintiffs respondents.32. the suspicious circumstances surrounding execution of the agreement (ext. 1) as pointed out hereinabove, the factum of delivery of the ..... 20(2) of the specific relief act, 1963 specifics certain circumstances where the court may properly exercise discretion not to decree specific performance. if under the terms of the contract the plaintiff gets an unfair advantage over the defendant, the court may not exercise its discretion in favour of the plaintiff. specific relief may not be granted where the ..... owner amarnath chatterjee without practising any fraud or exercising any misrepresentation upon him. in view of such findings the learned trial court has granted decree for specific performance of contract in favour of the plaintiffs.12. mr. bhaskar ghosh the learned advocate for appellant has contended that the learned trial judge has not applied proper legal tests in adjudicating ..... of execution of the alleged agreement. the plaintiffs owned and possessed extensive house properties and other properties in the district of burdwan. the plaintiff will not lose if the contract is not performed. this defendant is agreeable to refund the alleged earnest money together with interest.5. the learned trial court on consideration of the materials on record .....

Tag this Judgment!

Sep 01 2003 (HC)

Tarak Nath Sha Vs. Bhutoria Brothers Private Ltd. and Manmal Bhutoria ...

Court : Kolkata

Decided on : Sep-01-2003

Reported in : 2004(1)CHN142

..... in occupation under the landlord and that some one else whom the landlord is not willing to accept will be the tenant. it is one of the obligations of the contract of tenancy that the tenant will, on determination of the tenancy, put the landlord in possession of the property demised. unless possession is delivered to the landlord before the expiry .....

Tag this Judgment!

Aug 26 2003 (HC)

Philips India Limited Vs. Ld. Fourth Industrial Tribunal and ors.

Court : Kolkata

Decided on : Aug-26-2003

Reported in : 2004(1)CHN97

..... labour practice. it was held by the supreme court that in order to find out whether the order of termination is one of the termination simpliciter under the provisions of contract or of standing orders, the tribunal has ample jurisdiction to go into all the circumstances which lad to the termination simpliciter. the form of the order of termination is not .....

Tag this Judgment!


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