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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 2012 Page 1 of about 41 results (0.017 seconds)

Dec 06 2012 (HC)

Larsen and Toubro Ltd. Vs. Visa Power Ltd.

Court : Kolkata

Decided on : Dec-06-2012

..... the claims of both the aforesaid sub- contractors have been settled and the respondent should face no embarrassment in such regard. though the respondent insists on the petitioner furnishing an indemnity in favour of the respondent against any claims that may be made by the sub-contractors engaged by the petitioner, since the agreement entitles the petitioner to take back the ..... machinery and equipment upon the completion of the work or the termination of the contract, the demand of the respondent does not appear to be reasonable. accordingly, the petitioner is permitted to remove all machinery and equipment from the site in the presence of the .....

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Oct 10 2012 (HC)

West Bengal State Electricity Distribution Co. Ltd. Vs. West Dinajpur ...

Court : Kolkata

Decided on : Oct-10-2012

..... decisions reported in air 1991 calcutta 324, air 1966 sc 543, air 1995 orissa 62, air 1989 sc 1239 and 47 cwn 899 and thus, he has submitted that the contract entered into between the parties at place where corporation had its subordinate office no stipulation of conferring exclusive jurisdiction to a particular court cause of action arising in relation to .....

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Oct 04 2012 (HC)

Hdfc Bank Limited Vs. Amit Roy Chowdhury and Another

Court : Kolkata

Decided on : Oct-04-2012

..... no harm if it does so. if the parties to an agreement agree that courts in calcutta or mumbai would have exclusive jurisdiction to entertain matters pertaining to the matrix contract, the clause does not lose its efficacy or binding value because a particular court is not identified. such a clause would give a limited choice to the parties to invoke ..... to stop in its tracks once a party to the arbitration agreement raises an objection based on the arbitration agreement. just as it is open to the parties to a contract to waive clauses or substantial parts of the agreement, a party to an agreement governed by an arbitration clause or a forum selection clause may institute an action in breach .....

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Sep 25 2012 (HC)

Afcons Infrastructure Ltd. Vs. State of West Bengal

Court : Kolkata

Decided on : Sep-25-2012

..... the propriety of the additional cost. according to mr.mitra, the additional cost was nothing but compensation and/or damage, cost due to the inordinate delay in execution of the contract. each time afcons explained the reason for delay. the authority accepted their contentions and extended the period. afcons completed the work within the extended period. hence, they would ..... of ramanath agarwalla versus messrs.goenka and co.and ors.reported in all india reporter 1973 calcutta page-253 by contending that a particular method was prescribed in the contract that could not be taken in isolation. the arbitrator considered the clauses and accordingly decided the issue that would not be available for judicial scrutiny. on the contemporary records ..... hon ble single judges. in the present case, the learned single judge set aside the award, principally on two counts (i) the arbitrator exceeded jurisdiction in travelling beyond the contract by not looking to the contemporary record (ii) the arbitrator failed to give reasons. in the other award, the learned single judge dismissed the application by holding that the ..... once the parties would decide that they would resolve their dispute through arbitration and would appoint arbitrator the arbitral tribunal would rule on its jurisdiction within the scope of the contract under which they are appointed. any travel beyond the scope would automatically make their award vitiated by illegality. the tribunal is the master of its own procedure. the procedural .....

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Sep 24 2012 (HC)

Babul Saha Vs. Sanat Kumar Mallick and Others

Court : Kolkata

Decided on : Sep-24-2012

..... for the opposite parties, refuted the contentions of mr.banerjee, in contending that, if an agreement is not capable of being enforced as it has not culminated into an enforceable contract, the court should not pass the injunction against the opposite parties. he strenuously submits that the injunction, being the discretionary relief, should not be granted if the party approaching the ..... encumbering the property to a third party. the opposite parties contested the said injunction application by filing objection and it is contended that the said agreement is not an enforceable contract. it is further contended that the said agreement was rescinded and/or terminated and the opposite parties refunded a sum of rs.4 lakhs by way of a deposit in .....

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Sep 06 2012 (HC)

Fiitjee Ltd. Vs. Dipanjan Roy Chowdhury

Court : Kolkata

Decided on : Sep-06-2012

..... any law. on perusal of the plaint, it does not appear that there is any arbitration clause. mr. s. gangopadhyay, learned advocate appearing for the petitioner submits that the service contract lays down the term in paragraph 37(a) at page no.115 of the application for solving the dispute in the following manner and the said clause is quoted below ..... w.e.f. march 13, 2009 till payment. the defendant also intimated that the plaintiff left the job without any intimation on march 13, 2009 in contravention of the service contract. in order to dispose of the application under order 7 rule 11 of the c.p.c., the court is to look into the plaint case and the documents annexed ..... defendant to release him after may 31, 2009. thereafter, by a letter dated august 6, 2009, the defendant issued a notice upon the plaintiff contending that in breach of the contract of service as per service rules, he left the job and as such, he was directed to pay to the defendant a sum of rs.7,96,249/- together with .....

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Aug 23 2012 (HC)

Kartick Ruidas and Others Vs. State of West Bengal and Others

Court : Kolkata

Decided on : Aug-23-2012

..... fact not required by a statute to be disclosed may not amount to fraud. even in commercial transactions non-disclosure of every fact does not vitiate the agreement. in a contract every person must look for himself and ensure that he acquires the information necessary to avoid bad bargain. in public law the duty is not to deceive. (see shrisht dhawan ..... 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, 1872 defines fraud as an act committed by a party to a contract with intent to deceive another. from the dictionary meaning or even otherwise fraud arises out of the deliberate active role of the representator about .....

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Aug 16 2012 (HC)

Union of India Vs. Binod Kumar Agarwal

Court : Kolkata

Decided on : Aug-16-2012

..... hearing applications under section 30 of the arbitration act, 1940 do not exercise any appellate jurisdiction. reappraisal of evidence by the court is impermissible. interpretation of a contract is a matter for the arbitrator to determine. even in a case where the award contained reasons, the interference therewith would still be not available within the jurisdiction ..... purchaser had failed to pay the balance consideration within the stipulated period in purported exercise of their power in terms of the clauses alluded to above sold the contracted quantities to a third party. since the claimant was all throughout ready and willing to pay the balance consideration, the railway authorities without discharging their obligation could ..... was the then deputy general manager, eastern railway praying, inter alia, for specific performance and other reliefs. the claimant, inter alia, prayed for specific performance of a contract with a direction upon the appellant for restoration, refixation and arrangement of materials from same or alternate location, damage and interest. the principal grievance raised before the learned arbitrator ..... immediately on february 9, 1998 ventilated its grievance and requested the appellant to restore the lot so as to enable the respondent to make payment and lift the contracted materials within the stipulated time. the said letter was followed by several representations. since the appellant had failed to make available the required lots within the stipulated time .....

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May 16 2012 (HC)

Saroj Jhunjhunwala and Others Vs. the State of West Bengal and Another

Court : Kolkata

Decided on : May-16-2012

..... petitioner if that averments are taken on their face value and are accepted in its entirety and uncontroverted. it does not appear to be a simple case of breach of contract. 14) in the case in hand, process has been issued only. investigation is yet to conclude. parties are yet to place on record entire material in support of their claims ..... bank and non-payment of the loan amount. in that background, the petitioners insisted mr. shroof and his relations to book the space in the building and entered into a contract hurriedly. therefore, it is really hard to say whether there was criminal intension on the part of the petitioner for making wrongful gain by deceivedful means at the relevant period ..... to attract the provisions of section 420 ipc, fraudulent and dishonest intention at the time of making promise or representation is a sine quo non. pure and simple breach of contract of sale does not constitute offence of cheating. in support of his contention, mr. ganguly referred to the decision of apex court in dilip kumar and others vs, jagnar singh ..... on the part of the petitioners to allure the de facto complainant and others to book space in the proposed construction; iv) that money was paid in terms of the contract and the petitioners have not misappropriated the same for their wrongful gain; v) that there was disclosure of mortgage at the time of agreement and the property has not been .....

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May 03 2012 (HC)

M/S. Ranbaxy Laboratories Limited Vs. the State of West Bengal and Oth ...

Court : Kolkata

Decided on : May-03-2012

..... illustrations. for instance, the above principle will apply where the inequality of bargaining power is the result of the great disparity in the economic strength of the contracting parties. it will apply where the inequality is the result of circumstances, whether of the creation of the parties or not. it will apply to situations ..... but to sign on the agreement containing such a clause which, on the face of it, must be held to be an unreasonable term in the contract of service. a person working in bhubaneswar being terminated and the order of termination being served at kolkata and then to expect that the employee would go ..... this principle is that the courts will not enforce and will, when called upon to do so strike down an unfair and unreasonable contract, or an unfair and unreasonable clause in a contract, entered into between parties who are not equal in bargaining power. it is difficult to file an exhaustive list of all bargains of ..... them. it will also apply where a man has no choice, or rather no meaningful choice, but to give his assent to a contract or to sign on the dotted line in a prescribed or standard form or to accept a set of rules as part of the ..... contract, however unfair, unreasonable and unconscionable a clause in that contract or form or rules may be. this principle, however, will not apply where the bargaining power of the contracting parties is equal or almost equal. this principle may not apply where both .....

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