Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 2006 Page 1 of about 47 results (0.017 seconds)

Apr 05 2006 (HC)

Jaytee Exports Vs. Natvar Parekh Industries Limited and ors.

Court : Kolkata

Decided on : Apr-05-2006

Reported in : (2006)3CALLT346(HC)

..... may undertake a separate liability on a collateral or separate contract. a contract of indemnity is of course a specialized form of such a contract. consideration could if necessary be found by the entry into the main contract with the principal. examples of such contract are found in the case of breach of warranty of ..... supply corporation ltd. v. korea foreign transportation corporation and anr. reported in : air2002cal211 is not applicable as that case factually is based on a contract for carriage of goods entered into by the agent of the principal, and both the principal and agent sued. at the time of the trial ..... effective adjudication of the suit without claiming any relief. similarly, the agent can not enforce on behalf of the principal in relation to the contract entered into on behalf of the principal, who can enforce while doing it can join the agent as party plaintiff in the suit without ..... is guilty of breach of contractual obligation, tort and negligence. in particular, it has been pleaded in paragraph 15(b) that there was a contract or agreement between the plaintiff and defendant no. 1 as will be evidenced, inter alia, from the facts stated hereinbefore and/or from the conduct ..... a whole. it would appear therefrom that the plaintiff has several causes of action in the suit which includes inter alia, misrepresentation, breach of contract of carriage, breach of duty of care owed to the plaintiff, conversion of the goods and negligence. the plaintiff has also pleaded that the .....

Tag this Judgment!

Dec 11 2006 (HC)

Damodar Valley Corporation Vs. Central Concrete and Allied Products Lt ...

Court : Kolkata

Decided on : Dec-11-2006

Reported in : 2007(3)ARBLR531(Cal)

..... of the offer which means the acceptance of the package deal, had not been absolute and unqualified, as required under section 7 of the indian contract act. therefore, under the law, there had been no absolute acceptance of the offer, leading to a settlement agreement.9. we shall assume ..... the appellant for justifying the grant of 39.28% rate revision.(b) the second submission of mr. sen was that there was no concluded contract between the parties, nor according to him did the contractor give up its claims unconditionally. according to him, it was intended to be a ..... 39.28% with effect from 1st march, 1992, the contractor had agreed to give up its claims, on account of overrun period of the contract, which have been tabulated in the letter dated 18th may, 1995. the abandoned claims include overhead charges for the extended period, additional hire charges ..... completion of the work central concrete & allied products limited (hereinafter referred to as 'the contractor') claimed revision of rates besides escalation provided in the contract. the contractor also claimed payment on account of some extra works. the correspondence in this regard commenced with the letter dated 2nd february, 1994. by ..... 34 of the arbitration and conciliation act, 1996. the undisputed facts of the case briefly stated are as follows:the parties entered into a contract for construction of an intake pump house for mejia thermal power station. the stipulated period for completion of the work was two years which expired .....

Tag this Judgment!

Dec 04 2006 (HC)

Asset Reconstruction Company India Ltd. Vs. Amit Ventures Private Ltd. ...

Court : Kolkata

Decided on : Dec-04-2006

Reported in : AIR2007Cal49

..... incurred by him or any expenses incidental thereto, shall be recoverable from the borrower and the money which is received by the secured creditor shall, in the absence of any contract to the contrary, be held by him in trust, to be applied, firstly, in payment of such costs, charges and expenses and secondly, in discharge of the dues of the .....

Tag this Judgment!

Nov 23 2006 (HC)

Calcutta Municipal Corporation and ors. Vs. Damodar Ropeways and Const ...

Court : Kolkata

Decided on : Nov-23-2006

Reported in : (2007)1CALLT634(HC)

..... discussion, it appears that in no event the service charges could include the occupier's share of taxes, if by reason of a contract included in the rent. similarly, it cannot commercial surcharge, if by reason of a contract, the same is also included in the rent. therefore, while calculating rent including service charges, the assessing authority has to examine and final .....

Tag this Judgment!

Nov 15 2006 (HC)

Paschim Banga Byabsayi Sramik Sanghstha and ors. Vs. the Union of Indi ...

Court : Kolkata

Decided on : Nov-15-2006

Reported in : (2007)3CALLT161(HC)

..... scope of interpretative legislation and as such, clearly impermissible. we have already held above, on consideration of various aspects that it is difficult to accept that parliament intended absorption of contract labour on issue of abolition notification under section 10(1) of the clra act.118. we have quoted the definitions of these terms above and elucidated their import. the. ..... sub-section (1) of section 10. it is a common ground that the consequence of prohibition notification under section 10(1) of the clra act, prohibiting employment of contract labour, is neither spelt out in section 10 nor indicated anywhere in the act. in our view, the following consequences follow on issuing a notification under section 10{1) of ..... advocate for the respondent no. 2, are quoted below:68. we have extracted above section 10 of the clra act which empowers the appropriate government to prohibit employment of contract labour in any process, operation of other work in any establishment, lays down the procedure and specifies the relevant factors which shall be taken into consideration for issuing notification under ..... 2003 issued by the ministry of labour, government of india that the matter along with the report of the regional labour commissioner (central), kolkata was placed before the central advisory contract labour board and it was considered by the board and the board constituted, a committee to study the matter in details. that such committee submitted its, report! the report of .....

Tag this Judgment!

Sep 27 2006 (HC)

Asoke Chowdhury and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Sep-27-2006

Reported in : AIR2007Cal176

..... transport authority, as the case may be, to maintain the colour scheme for different types of passenger transport vehicles including the state carriage and the contract carriage, plying with the permit issued by the respective authorities. such colour scheme, as may be notified, shall be one of the conditions of ..... case pathumma (supra).20. in the angle of the said judgment it appears that there is no reasonable justification to paint all the stage carriage /contract carriage in a particular colour. on the other hand, such restriction would cause a confusion in the mind of the commuters so far as their ..... the right to colour and /or paint his own vehicle, even if the vehicle is allowed to ply under any stage carriage permit and/or contract carriage permit under the authority of the state government is an absolute right within the facet of article 19(1)(g) under part-3 with heading ..... transport authority, as the case may be, to maintain the colour scheme for different types of passenger transport vehicles including the state carriage and the contract carriage, plying with the permit issued by the respective authorities. such colour scheme, as may be notified, shall be one of the conditions of ..... be looked into to test whether the west bengal legislature has the jurisdiction to prescribe particular colour scheme in respect of stage carriage and/or contract carriage as are plying in different routes within the state of west bengal and/ or outside of the west bengal in terms of the permit .....

Tag this Judgment!

Sep 27 2006 (HC)

Bijul Pharma-chem (P) Ltd. Vs. E.R. Squibb and Sons Llc

Court : Kolkata

Decided on : Sep-27-2006

Reported in : 2007(2)CHN713

..... by issuing sixty days notice prior to the expiration of the term. the agreement being found determinable in nature, the other party cannot insist on continuation of the contract.17. in contract between unequals, the courts have deprecated the idea of incorporation of arbitrary and unreasonable clause of termination. a party cannot be made to suffer because of incorporation of ..... with the aspect of long-standing contractual business, mr. mishra has submitted that the petitioner had entered into an agreement with the respondent way back in 1994. the contract was renewed from time to time under the stipulated renewal clause. the business in which the petitioner had invested huge amount of money cannot be scrapped overnight under the ..... and supply of ostomy appliances was made, ignoring the acute demand of various cancer hospitals. appreciating the acute need of supply of ostomy appliances and considering the termination of contract to be highly illegal, the hon'ble court in disposing of earlier revisional application directed continuation of the supply of ostomy appliances. judging the importance of uninterrupted supply of ..... 2004 without assigning any reason whatsoever. it is submitted that the petitioner had placed orders for life saving ostomy appliances worth us dollar 67,640/-. the illegal termination of contract in breach of the clause 20 of the agreement, it is submitted, has caused untold hardship and suffering to cancerous ostomates/patients for non-supply of life saving duty- .....

Tag this Judgment!

Sep 20 2006 (HC)

Balmer Lawrie and Co. Ltd. Vs. First Industrial Tribunal of West Benga ...

Court : Kolkata

Decided on : Sep-20-2006

Reported in : 2006(4)CHN860,[2007(112)FLR787],(2007)IILLJ81Cal

..... but must necessarily comprehend all those days during which he was in the employment of the employer and for which he had been paid wages either under express or implied contract or service or by compulsion of statute, standing orders etc. the learned counsel for the management would urge that only those days which are mentioned in the explanation of section ..... hammer, sickle or pen, sundays and holidays during which he was in the employment of the employer and for which he had been paid wages either under express or implied contract of service or by compulsion of statute, standing order etc., are to be taken into account. since the respondent tribunal took into account the sundays and holidays (both paid and .....

Tag this Judgment!

Sep 15 2006 (TRI)

Dr. Sudarshan Mondal and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Kolkata

Decided on : Sep-15-2006

Reported in : (2007)(2)SLJ48CAT

1. since all these o.as. are similar in nature, they are being taken up together and are being decided by this common order. for the sake of convenience we are taking up o.a. 755/05, the first of all the three o.as., for detailed consideration and reasoning thereof will be applicable to all the three o.as.2. in o.a. 755/05 the applicant dr. sudarshan mondal has filed an application under section 19 of the a.t. act, 1985 claiming the following reliefs: (a) an order holding that the denial of promotion as chief medical officer (non-functional selection grade) and his supersession by his juniors in the matter of such promotion are wholly arbitrary and bad in law. (b) an order directing the respondents to review the dpc relating to promotions to the post of as chief medical officer (non-functional selection grade) made under dynamic assured career progression scheme in the year 2002 as well as in the year 2005 and to consider the case of the applicant for such promotion and to grant all consequential benefits to the applicant after giving such promotion, from the date when his immediate junior in the selection list were promoted i.e. with effect from 5.4.2002. (c) an order directing the respondents to consider the representations of the applicant by a speaking and reasoned order and further directing them not to make any further promotion till the disposal of the representations. (d) an order directing the respondents to produce/cause production of all documents/records relating .....

Tag this Judgment!

Aug 25 2006 (HC)

Saregama India Ltd. Vs. Suresh Jindal and ors.

Court : Kolkata

Decided on : Aug-25-2006

Reported in : AIR2006Cal340,2007(34)PTC522(Cal)

..... of the agreement. moreover, in clause 3(a)(i), it clearly mentions that the producer has assigned the copyright for making the records of all contracts and also the copyright, performing right and by other right, title and interest to the literary, dramatic and musical works embodied in the producer films ..... should in the normal course be readily accepted. but whether or not there has been an assignment is to be inferred from the terms of the contract.58. in the instant case, however, the clauses are different from the one that was under consideration in the case of gramophone company air 1997 ..... with the prior written consent of the company.7. (a) subject as hereinafter mentioned the producer shall be entitled in respect of all records of contract recordings made available hereunder by the producer and sold by the company or by any individual firm company or corporation or other person authorized by the ..... are not and are not intended to be offered to the public (ii) the producer and the artistes and musicians (as the case may be) contract to make any such sound-track(s) available to or to render such performances for the person or persons who broadcast or produce such sound-track(s ..... this agreement or any extension thereof during a period of twenty-five years from the first day of the month in which any record of the contract recordings is first offered to the public the producer:(a) shall not directly or indirectly supply or make available to any individual firm company corporation .....

Tag this Judgment!


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