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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 2015 Page 1 of about 37 results (0.016 seconds)

Oct 16 2015 (HC)

Heavy Engineering Corporation Ltd. Vs. Standard Chartered Bank

Court : Kolkata

Decided on : Oct-16-2015

..... , in essence, exceptionally stringent contracts of indemnity. they are contractual undertakings, normally granted by banks, to pay, or repay, a specified sum in the event of any default in performance by the principal debtor of some ..... give notice of a claim if there is reasonable cause. the bank or other financial institution which grants a performance guarantee will, of course, demand a counter-guarantee or indemnity from the customer at whose request the guarantee is granted. as the customer will be liable to reimburse the bank on their payment under the guarantee, and as he ..... invocation of the guarantees was in terms thereof. the bank had no defence to the claim of the plaintiff and the same should be decreed. he relied on chitty on contracts, 25th edition on passage 4407 regarding performance guarantees as is reproduced below: performance guarantees. a number of cases have involved discussion of the nature of performance guarantees . which are ..... other contract with a third party, the creditor. an unusal feature of several modern cases has been that the bank s liability arises on mere demand by the creditor, notwithstanding .....

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Dec 07 2015 (HC)

Anand Hotel Vs. Arjendu Pratap Singh Deo and Ors.

Court : Kolkata

Decided on : Dec-07-2015

..... would be bound by the agreement entered into by the original defendant no.2 with the plaintiff. the defendants raise inadequacy of consideration as a ground for recession of the contract and for vacating of the interim order. there cannot be any dispute that the sum paid by the plaintiff as part consideration money is the paltry sum, however, the plaintiff ..... from the date of obtaining the probate of the last will and the party for completion of sale stipulated in the agreement would be deemed to be the essence of contract for all intents and purposes. at the same time, it was also the obligation of the executor to inform the plaintiff on behalf of the grant of probate as also ..... the said agreement. the entire transaction was to be completed within three months from the date of obtaining the probate of the last will. the time was the essence of contract. on the marketable title of the said property being made by the executor and upon compliance of all obligations on his part the executor at the cost and expenses of .....

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Dec 03 2015 (HC)

Gujarat Nre Coke Limited and Anr. Vs. Jindal Steel and Power Limited a ...

Court : Kolkata

Decided on : Dec-03-2015

..... under the facts and circumstances of the case we hold that while connecting factor with kaira jurisdiction was ensured by fixing the situs of the contract within kaira, other jurisdictions having connecting factors were not clearly, unambiguously and explicitly excluded. that being the position it could not be said that ..... hakam singh and in para 21 of the report held as under: 21. ..when the clause is clear, unambiguous and specific accepted notions of contract would bind the parties and unless the absence of ad idem can be shown, the jurisdiction. other courts should avoid exercising as regards construction of ..... the agreement which read, any dispute arising out of this sale shall be subject to kaira jurisdiction . the disputes having arisen out of the contract between the parties, the respondents therein filed a suit for recovery of amount against the appellants therein and also claimed damages in the court of ..... laminart (p) ltd.versus a.p.agencies reported at 1989 (2) scc163the hon ble supreme court held that where the parties to a contract agreed to submit the disputes arising from it to a particular jurisdiction which would otherwise also be a proper jurisdiction under the law their agreement ..... are not settled by the terms stated in this agreement shall be settled in conformity with those provisions of the united nations convention on contracts for the international sale of goods that do not conflict with the terms stated in this agreement. there is no dispute that the applicant .....

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Oct 15 2015 (HC)

Essjay Ericsson Pvt. Ltd. Vs. Dilip Kumar Khandelwal

Court : Kolkata

Decided on : Oct-15-2015

..... be a yearly lease terminable upon six months notice, if the purpose of the lease were manufacture or agriculture. however, when there was a clear contract to the contrary which clearly stipulated that the lease would be a monthly lease, terminable by notice of three months, the deeming provision of section 106 ..... of the initial agreement would not in itself change nature and character of the demise. section 106(1) could only be attracted if there was no contract to the contrary. after expiry of the lease agreement, the appellant defendant remained in possession as a monthly tenant and paid rent from month to ..... month to month tenancy or yearly tenancy in accordance with the purpose of the tenancy. mr.talukdar argued that in this case, there was no subsisting contract. the purpose of the tenancy was manufacture and, therefore, the tenancy should be taken to be a tenancy from year to year terminable upon notice ..... application under order xl1 rule 27 being g.a.no.2476 of 2015 which was disposed of by an order dated 1st september, 2015. the contract clearly shows that the lease was monthly and the lease was terminable by three months notice on either side. this lease, as observed above, expired ..... fiction in respect of lease of immovable property, let out for the purpose of agriculture or manufacture. under section 106(1).in the absence of contract or local law or usage to the contrary, immovable property let out for the purpose of agriculture or manufacture is deemed to be a yearly lease .....

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Oct 14 2015 (HC)

Neycer India Limited Vs. Gmb Ceramics Limited

Court : Kolkata

Decided on : Oct-14-2015

..... by the petitioner. the petitioner herein filed a rebuttal statement wherein the allegations of the respondent company as to the failure of the petitioner in discharging its obligations under the contract were denied. it was the case of the neycer that because of the high standard of its products and popularity of its brand several entrepreneurs had approached it for ..... and obliged to commission the plant on or before november 19, 1988. but the petitioner neglected, refused and delayed to impart the requisite expertise and perform its obligations under the contract. in the month of december 1988, two meetings were held between the parties and it was further pointed out by the respondent about the failure, neglect and inordinate delay ..... bench observed that the courts hearing applications under section 30 of the act 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 contains reasons, interference will still not be available within the jurisdiction of the court ..... arbitrator had acted correctly or incorrectly. the high court had no jurisdiction to examine the different items awarded, clause by clause, by the arbitrator and to hold that under the contract these were not sustainable in the facts found by the arbitrator. sudarsan trading company (supra) is also an authority for a proposition that reasonableness of the reasons given by .....

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Oct 01 2015 (HC)

Oriental Ceramics and Refractories and Ors. Vs. Coal India Ltd.

Court : Kolkata

Decided on : Oct-01-2015

..... also in matilal v. darjeeling municipality, 17 cal l.j.167. 15. but one serious objection to this view seems to be that this would amount to making a new contract for the parties. the parties here certainly did not intend to create a lease for one year. the lease was intended to be for a period exceeding one year, but ..... remedies available in law. the objection raised by mr.mukherjee on behalf of north eastern coalfields ltd.is with regard to concluded contracts being rewritten. that would apply to the cases of linked customers who had entered into contracts with the coal companies pursuant to the scheme of e-auction whereby they obtained supplies of coal at variance with and being in ..... quantities of those purchasers.he therefore submitted setting aside of the said scheme could not automatically set aside earlier concluded contracts entered pursuant thereto. if such contracts were to be set aside then they are to be set aside as a whole. those contracts could not be substituted or rewritten for supply of quantities at variance with the linked quantities of the purchasers .....

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Sep 23 2015 (HC)

Mehras Books Private Limited Vs. Random House Publishers India Private ...

Court : Kolkata

Decided on : Sep-23-2015

..... be dumped in the warehouse of the company. the company was compelled to accept front list books and books which had no such market. the petitioners caused a breach of contract to the extent that it created a parallel supply of distributors in the north and the eastern zone (from where the said companies were mainly operating) and so their position ..... princeton review in addition to the other books mentioned in the previous agreement. this agreement was termed as distributor agreement-princeton with no change in scheme of payment. the respective contracts were renewed every year till december, 2013 with modifications by addendum were brought in the years 2010, 2011, 2012 and 2013. the original payment structure, however, was retained and reiterated ..... buffer days).beyond this period, the company would have to pay an interest of 1.5% per month. in case of delay in timely payments, beyond this specified period, the contract allowed the petitioner the unrestricted right to stop any/ all pending supplies or order. in or about may 6, 2011, the petitioner and said company entered into another agreement. the .....

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Sep 18 2015 (HC)

M/S. J. S. Chandhok (Developers) Pvt. Ltd. Vs. M/S. J. Sen and Sons Pv ...

Court : Kolkata

Decided on : Sep-18-2015

..... 13(2) of the act. a bilateral agreement between the tenant and the sub-tenant to deprive the owner of a statutory right of eviction by a contract inter se between themselves cannot be relied upon and on basis of clause in agreement and whereas the first party by virtue of the consent of the ..... rent) as those of the original lease; but unless the surrender is made for the purpose of obtaining a new lease, the rent payable by, and the contracts binding on, the under-lessee shall be respectively payable to and enforceable by the lessor. the forfeiture of such a lease annuls all such under-leases, except ..... is in the possession of the sub-lessee for he cannot restore possession of the same to the lessor apart from the fact that he can terminate the contract of lease only as a whole and not in respect of a part of it. having regard to all these factors, even without going into the ..... ), t. p. act). thus a sub-lessee who has obtained a part of the interest of the head tenant will be entitled to claim the benefit of the contract vis- -vis the lessor, as the lessee (head tenant) cannot surrender the lease in part. section 111(e) contemplates a surrender of the entire interest under the ..... ad-measuring an area 2000 sq. ft. out of the total area to be constructed. accordingly, the suit is in the nature of specific performance of a contract. in view thereof, it is submitted that since the applicants admittedly are in occupation of a portion of the suit property, the applicants were required to be .....

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Sep 04 2015 (HC)

Triyogi Narayan Singh Vs. Container Corporation of India

Court : Kolkata

Decided on : Sep-04-2015

..... tender documents contain an arbitration agreement and the interim measures sought by way of present petition under section 9 of the arbitration and conciliation act, 1996 pertain to the matrix contract governed by the arbitration clause. urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (sanjib banerjee, j ..... has crossed the tender stage and upon the letter of intent being awarded. in terms of clause 7.2 of the tender documents, there is a deemed conclusion of the contract between the parties once the letter of intent is received by a bidder. further, the petitioner did not describe himself as either a micro or a small enterprise and, though ..... category. the respondent verified the petitioner s registration with the msme department and, upon satisfaction of the petitioner s registration, the petitioner was identified as eligible to be awarded the contract for handling a depot in assam owned by the corporation as the lowest bidder. what is evident from the relevant letter of the msme department dated june 17, 2015 is ..... petitioner. mr.p.d.mukherjee, adv...for the respondent. before: the hon'ble justice sanjib banerjee date : september 4, 2015. the court : the grievance of the petitioner is that a contract awarded by the respondent corporation by the issuance of a letter of intent has been arbitrarily terminated for a minor mistake committed by the petitioner while obtaining the tender documents .....

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Aug 17 2015 (HC)

Eastern Comnets Ltd. and Ors. Vs. Kaustav Ray and Ors.

Court : Kolkata

Decided on : Aug-17-2015

..... the five postdated cheques nor any explanation has been offered either in the affidavit or during the submissions made before this court for issuance of the said cheques. after the contract period was over. these cheques were all issued there is also no dispute that materials worth rs.2,79,96,311/- was received by the respondent no.3. the indebtedness .....

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