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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 2008 Page 1 of about 43 results (0.039 seconds)

Sep 10 2008 (HC)

Kailash Kumar Kanoria Vs. Shiv Shankar Pasari and ors.

Court : Kolkata

Decided on : Sep-10-2008

Reported in : (2009)1CALLT90(HC),[2009]147CompCas231(Cal)

..... first defendant promised to pay the plaintiff 'any amount which the ubi may call upon' the plaintiff to pay 'without any reference or recourse.'25. the contract of indemnity, in such circumstances, obliged the first defendant to take over the plaintiff's liability to ubi and, probably, apply to have himself impleaded in the ..... from the moment that the time to pay passed. in the second place, it is open to the vendor to bring a suit on the contract of indemnity if upon failure to discharge the encumbrance the vendor suffered a loss. the supreme court considered the matter to be covered by the second scenario and ..... then contended by mr. b.c. misra that even if there was a contract of indemnity the cause of action for the plaintiff arose on february 4, 1937 when the final mortgage decree was passed and not on february 25, 1943 when ..... the actual amount of his loss.' this is the solitary sentence from the judgment that the first defendant places.19. the supreme court considered a contract of indemnity in the light of a point of limitation in the shanti swarup case. paragraph 5 of the report needs to be noticed:(5) it was ..... v. naraini) and 37 mad. 270 (nallappa reddi v. vridhachala reddi), the equitable principle laid down by the english courts has been accepted and applied to contracts of indemnity in this country. in this connection i would also refer to the case in 56 cal. 262 (osman jamal and sons ltd. v. gopal purshottam). i .....

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Dec 05 2008 (HC)

Kanchilal Paul Vs. Sasthi Charan Banerjee and ors.

Court : Kolkata

Decided on : Dec-05-2008

..... signed by both the parties.25. in the case of tarsem singh (supra), the supreme court was dealing with a case where a party to the contract alleged mistake of fact in entering into the agreement. in that background, the supreme court in paragraph 12 of the judgement, relied upon by mr. ..... sale between the plaintiff and the defendant no. 1, (2) the plaintiff was at all material time ready and willing to perform his part of his contract, (3) the agreement entered into between the defendant no. 1 in one hand and defendant nos. 2 and 3 on the other, was really ..... dutt, therefore, prays for setting aside the judgment and decree passed by the learned trial judge and for passing of the decree of specific performance for contract by affirming the findings recorded by the learned trial judge on other issues in the suit.10. mr. banerjee, the learned senior advocate appearing on ..... the suit and thus, on the basis of such an agreement for sale, the plaintiff was not entitled to get a decree for specific performance of contract. the learned trial judge, thus, dismissed the suit on that ground alone.7. being dissatisfied, the plaintiff has preferred the present appeal while the defendant ..... against the plaintiff for declaration and permanent injunction and plaintiff had full knowledge of the same. the suit filed by the plaintiff for specific performance of contract was thus liable to be dismissed.6. at the time of hearing of the aforesaid suit, the plaintiff himself and one prassanta paul gave evidence .....

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Nov 24 2008 (HC)

Ananta Naskar Vs. Bharat Sanchar Nigam Limited and ors.

Court : Kolkata

Decided on : Nov-24-2008

..... writ jurisdiction and the validity of the contract or termination thereof cannot be considered without trial on evidence. we are, however, of the opinion that the writ petition can be disposed of on the basis of materials on ..... in the interest of administration and such act of bsnl cannot be held to be illegal.28. in the writ petition the appellant-petitioner has prayed for performance of the contract and payment of compensation for the damages. the learned single judge has specifically observed in his impugned judgment that such dispute cannot be resolved by this court in its constitutional ..... ', 'requisite estoppel', 'quasi estoppel' and 'new estoppel'. it is a principle evolved by equity to avoid injustice and though commonly named 'promissory estoppel', it is neither in the realm of contract nor in the realm of estoppel. the true principle of promissory estoppel seems to be that where one party has by his words or conduct made to the other a ..... for the respondents has contended that appeal should be dismissed as there is no arbitrariness or malafide on the part of the b.s.n.l. authorities. the breach of contract or promissory estoppel are matters of complicated facts and evidence, which according to the said learned counsel have not been established in the present case. learned counsel for the respondents .....

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Nov 04 2008 (HC)

Ganpat Lal Pawan Kumar and anr. Vs. Uttar Pradesh State Spinning Co. L ...

Court : Kolkata

Decided on : Nov-04-2008

Reported in : 2008(4)CHN694

..... return, was to receive remuneration @ 24% of the monthly ex-mill sales-turnover made through the depot. it was further provided that the disputes and differences arising out of the contract would be referred to the chairman, u.p. textile corporation ltd. or his nominee who would decide the matter as the sole arbitrator. proceedings relating to arbitration, it was provided .....

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Oct 01 2008 (HC)

Syed ZahiruddIn Ahmed Bagdadi Vs. Board of Wakfs and ors.

Court : Kolkata

Decided on : Oct-01-2008

Reported in : (2008)1CALLT22(HC)

..... have been false, and therefore a misrepresentation, if it was at the material date false in substance and in fact. section 17 of the contract act defines fraud as act committed by a party to a contract with intent to deceive another. from dictionary meaning or even otherwise fraud arises out of deliberate active role of representator about a fact which he .....

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Sep 19 2008 (HC)

Haldiram Ltd. Vs. the State of West Bengal and ors.

Court : Kolkata

Decided on : Sep-19-2008

Reported in : (2009)1CALLT158(HC)

..... bidder. haldiram emerged as the highest bidder and got allotment of the land on the terms and conditions incorporated in the deed of licence. neither these features made the contract a statutory contract, nor did they cast any duty or obligation on kmda to act in the discharge of its any administrative or statutory power, duty or obligation while deciding, if ..... not the writ petition under article 226. we are also unable to agree with the observations of the high court that the contractor was seeking enforcement of a statutory contract. a contract would not become statutory simply because it is for construction of a public utility and it has been awarded by a statutory body. we are also unable to agree ..... petitions were filed questioning decisions taken by the superintending engineer, calcutta central circle no. 1, cpwd levying compensation in exercise of pure contractual rights conferred by the non-statutory contracts concerned. question of maintainability of the writ petitions was raised, and the writ petitions were dismissed on the ground that no public law element was involved in the actions of ..... of a statutory power, relief could be claimed under article 226. counsel for radhakrishna also argued that the government had discriminated against radhakrishna in that other parties governed by similar contracts for other areas had been treated otherwise. dealing with this contention, their lordships said (para.21 of the report):21. in the cases before us, allegations on which a .....

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Sep 03 2008 (HC)

Marco Shipping Agency Vs. R. Piyarelal International

Court : Kolkata

Decided on : Sep-03-2008

Reported in : 2008(4)CHN520

..... the taxation of the owners' costs and the question of any damages suffered by the owners as a result of what is said to have been the charterers' breach of contract in commencing proceedings in india.6. the appellant filed an application on february 20, 1998 before the learned single judge taking arbitration matters, inter alia, praying for enforcement of the ..... lordship considered the incentive claim as a bribe alleged to have been given to the government officials of bangladesh which was contrary to the provisions of section 23 of the contract act, 1872. his lordship held that the conduct of the appellant was to disregard this court and its orders. hence, this court must not allow the award obtained by disregarding ..... arbitral proceedings had been held to provide for enough justification for refusal to afford foreign award. [russel on arbitration 22nd edition, 2003, p. 389, paras 8-046 and chitty on contract, 29th edition, 2004, p. 961, paras 16-45.] we do not see any reason as to why the indian law should be held to be different.our view:29. to ..... policy per se.(iii) claim on account of bribery.-we fully agree with the learned judge that this claim was contrary to the provisions of section 23 of the indian contract act, 1872. hence, that part of the award could not be enforced in our country being contrary to the laws of the land. mr. ghosh on instruction conceded on that .....

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Sep 02 2008 (HC)

Bhowanipore Gujrati Education Society and anr. Vs. Kolkata Municipal C ...

Court : Kolkata

Decided on : Sep-02-2008

Reported in : AIR2009Cal140,(2008)4CALLT420(HC),2008(4)CHN420

surinder singh nijjar, c.j.1. by orders dated 9th october, 2007 and 15th november, 2007, these groups of writ petitions were referred to the chief justice for constituting an appropriate bench for re-examining and/or reconsidering the matter regarding constitutional issues raised in the order of reference. the reference has been made in the following terms:54. in the result, i am of the considered view that the objections regarding maintainability of these writ petitions on the ground that (1) a writ petition under article 226 of the constitution of india against an order passed by a statutory tribunal exercising judicial functions is not maintainable and it is only an application under article 227 that would be maintainable; and (2) a writ petition under article 226 of the constitution of india against an order passed by a statutory tribunal exercising judicial functions is not maintainable within the scope of the rules framed by this court, - require re-consideration and, therefore, i direct that the cause papers of these petitions be placed before the hon'ble the chief justice for appropriate orders being passed.2. the reference has been made in writ petition nos. 898 of 2007 and 269 of 2007. therefore, it would be necessary to make a brief reference to the facts of that case.3. the petitioner is a society registered under the societies registration act, 1961 and it runs the bhowanipur gujarati education society at premises at 5, lala lajpat ray sarani, calcutta 700020 ( .....

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Jul 18 2008 (HC)

Smt. Arati Das Vs. Smt. Bharati Sarkar and ors.

Court : Kolkata

Decided on : Jul-18-2008

Reported in : AIR2009Cal8,(2008)3CALLT470(HC),2008(4)CHN20

..... be subject to right of appeal or second appeal as provided in the code. a right of pre-emption accrues either by statute or general usage or by a special contract. unless the statute conferring such right specifically lays down the manner of enforcement of such right, the same should be enforced in the same manner all other ordinary civil rights .....

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Jun 18 2008 (HC)

Swapan Chatterjee Vs. State of West Bengal

Court : Kolkata

Decided on : Jun-18-2008

Reported in : (2008)3CALLT177(HC),2009CriLJ16

..... fairly falls under the context of misconception of law, mr. bagchi has argued that the submission of the prosecution that the girl under the spell of misconception that she could contract a second marriage notwithstanding the subsistence of the first marriage is not tenable either in law or in fact.12. on the question of admissibility of dna test report, mr ..... was not aware of the legal bar to contracting a second marriage during the subsistence of the first marriage. it is submitted that p.w.2 had testified that the victim lady had discussed with p.w.6, prodhan ..... act of rape of the victim lady by the appellant.10. refuting the claim that the victim, a rustic girl, was not aware of the position that she could not contract the second marriage before the annulment of the previous one, mr. bagchi has contended that the statement of p.w.2 would falsify the claim of the prosecution that she .....

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