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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 2015 Page 2 of about 37 results (0.015 seconds)

Aug 11 2015 (HC)

M/S. Arjun Shyam and Co. (P) Ltd. Vs. M/S. Sagar Trading Co. and Ors.

Court : Kolkata

Decided on : Aug-11-2015

..... and section 8 of the bengal money-lenders act, 1940. mr.deb submits that in absence of any licence under section 8 of the bengal money-lenders act, 1940, the contract is not enforceable and it is forbidden by law. he submits that in the event the suit is allowed to proceed in absence of any money lending licence it would ..... business of money-lending in west bengal or who has a place of such business in west bengal, and includes a pawnee as defined in section 172 of the indian contract act, 1871. the reserve bank of india act, 1934 is enacted under entry 38 of list i of the viith schedule, the indian companies act is enacted under entry 43 .....

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Jul 27 2015 (HC)

Emta Coal Ltd. Vs. Damodar Valley Corporation

Court : Kolkata

Decided on : Jul-27-2015

..... a money claim of company emta against the jvc, whether or not because of dvc refusing to release the jvc s bills, would fall within the ambit of the matrix contract governed by the arbitration agreement. even if a dispute between company emta and the jvc is capable of being referred to arbitration under the arbitration agreement by virtue of the .....

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Jul 23 2015 (HC)

Cliff Navigation S. a. Vs. Lmj International Limited

Court : Kolkata

Decided on : Jul-23-2015

..... out the manifest intention of the parties. the true nature of relationship between the parties is quite discernible from the fixture note and there cannot be any doubt that the contract was concluded between the decree-holder and the applicant. in radha sundar dutta (supra) the hon ble supreme court also recognized the general principle that the court would be ..... the remittances in favour of vamvaship rather than cliff navigation since it would be of any importance in order to arrive at a conclusion that the vamvaship is the principal contracting party to the fixture note and not cliff navigation. the tribunal has taken the evidence of the captain of the vessel vamvakis and all the evidence adduced and documents produced ..... appears to have argued before the learned single judge that the decree-holder could not have initiated any arbitration proceeding for adjudication of disputes and differences arising out of the contract. in any case, the arbitration agreement, the plaintiff was made to execute under duress, is vague and ambiguous. while the fixture note mentioned singapore to be the place of arbitration ..... from the procedure mentioned in the singapore law. clause 44 which is the arbitration clause reads as follows: clause44arbitration clause all disputes or differendces arising out of or under this contract which can not be amicably resolved shall be referred to arbitration in london and english law to apply. unless the parties agree upon a sole arbitrator, one arbitrator shall be .....

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Jun 04 2015 (HC)

Road Builder (M) Sdn Bhd Vs. Tantia Constructions Limited

Court : Kolkata

Decided on : Jun-04-2015

..... that means, all necessary formalities of sale were complied with and the sale was complete. possession was already given to the company. the company, under the contract, was liable for insurance etc.from the effective date. for the aforesaid reasons, we are of the opinion that the goods were sold by the petitioning ..... the conditions are fulfilled subject to which the property in the goods is to be transferred. it would appear that the important question is whether the contract between the parties amounted to a sale or an agreement to sell. whether the transaction is a sale outright or is an agreement to sell ..... is subject to the condition that the company shall go on making payment as per the agreed schedule which is set out in schedule-3 of the contract. schedule-3 contemplates firs.payment on 15th december, 2007. thereafter, there is a holiday for four months and the second instalment begins from 15th april ..... of the equipments in the name of the buyer, which the seller did not discharge. he developed his submission by referring to schedule ii of the contract, which contains a table having 5 columns. the last column indicates the date of transfer of the ownership. he contended that the articles were claimed ..... in fifteen monthly instalments during the period between 15th december, 2007 and 15th may, 2009. the buyer, it appears from clause 3.3 of the contract, is also liable to pay the sales tax and to issue form-c in accordance with the central sales tax act, 1956 which, it is not .....

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Apr 21 2015 (HC)

Cindrella Management Services Private Limited Vs. Trend Bags and Anr.

Court : Kolkata

Decided on : Apr-21-2015

..... earnest money, etc. (1) notwithstanding anything to the contrary contained in the code of civil procedure, 1908, any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for (a) possession, or partition and separate possession, of the property, in addition to ..... the purchaser, it is implied that delivery of possession of the immovable property is part of the decree of specific performance of contract. but in this connection it is necessary to refer to section 22 of the specific relief act, 1963 which runs: 22. power to grant relief ..... .. we are in respectful agreement with the view expressed by mahajan, j.in moolji jaitha case.16. in a suit for specific performance of contract for sale of immovable property containing a stipulation that on execution of the sale deed the possession of the immovable property will be handed over to ..... chowdhury v. southern bank ltd. (supra) a division bench of the calcutta high court took the view that the suit for specific performance of the contract to execute and register a lease with alternative claims for damages is not a suit for land . within the meaning of clause 12 of the letters ..... and the fact that such will or may be the consequence is immaterial for the purpose; the cause of action for specific performance of a contract and not the cause of action for a titular or possessory claim for land; and thirdly, the context of clause 12 of the letters patent .....

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Apr 21 2015 (HC)

Mahima Management Services Private Limited Vs. Creative Property Devel ...

Court : Kolkata

Decided on : Apr-21-2015

..... earnest money, etc. (1) notwithstanding anything to the contrary contained in the code of civil procedure, 1908, any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for (a) possession, or partition and separate possession, of the property, in addition to ..... the purchaser, it is implied that delivery of possession of the immovable property is part of the decree of specific performance of contract. but in this connection it is necessary to refer to section 22 of the specific relief act, 1963 which runs: 22. power to grant relief ..... .. we are in respectful agreement with the view expressed by mahajan, j.in moolji jaitha case.16. in a suit for specific performance of contract for sale of immovable property containing a stipulation that on execution of the sale deed the possession of the immovable property will be handed over to ..... chowdhury v. southern bank ltd. (supra) a division bench of the calcutta high court took the view that the suit for specific performance of the contract to execute and register a lease with alternative claims for damages is not a suit for land . within the meaning of clause 12 of the letters ..... and the fact that such will or may be the consequence is immaterial for the purpose; the cause of action for specific performance of a contract and not the cause of action for a titular or possessory claim for land; and thirdly, the context of clause 12 of the letters patent .....

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Apr 08 2015 (HC)

Spml Infra Ltd. Vs. South Bihar Power Distribution Co. Ltd. and Ors.

Court : Kolkata

Decided on : Apr-08-2015

..... question in inter globe aviation, inter alia, was whether the permanent lok adalat at hyderabad had territorial jurisdiction to deal with the matter. the standard terms which governed the contract between the parties provided, all disputes shall be subject to the jurisdiction of the courts of delhi only . the contention on behalf of the appellant before this court was that ..... of exclusion of other jurisdictions. 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 the jurisdiction of the court ..... concerned with clause 11 in 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 the subordinate judge at ..... lok adalat at hyderabad did not have territorial jurisdiction to receive the complaint and decide the complaint. the indigo conditions of carriage, containing the standard terms which govern the contract between the parties provide as follows; all disputes shall be subject to the jurisdiction of the courts of delhi only. the appellant contends that the ticket related to the .....

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Mar 30 2015 (HC)

Rani Leasing and Finance Ltd. Vs. C.I.T. W.B. – I

Court : Kolkata

Decided on : Mar-30-2015

..... purchase agreement amounts to interest liable to tax under the provisions of the interest tax act. dealing with the question, cit(a) held as follows:- on going through a sample contract of hire or the agreement which is entered into for all the purchase transactions in this case it is seen that the hire purchase company continues to be the owner ..... instructed that the hire charges cannot be treated as interest within the meaning of section 2(28a).to be precise, the circular reads as follows: i n a hire-purchase contract the owner delivers goods to another person upon terms on which the hirer is to hire them on a fixed periodical rental. the hirer has also the option of purchasing .....

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Mar 27 2015 (HC)

Lmj International Limited Vs. Swiss Singapore Overseas Enterprises Pte ...

Court : Kolkata

Decided on : Mar-27-2015

..... section 48 of the present act at the time of enforcement of the award. the plaintiff, however, cannot file a suit challenging the award. a cause of action based on contract which has been conclusively decided against the plaintiff totally non-suit the plaintiff. once a finding is arrived at by the tribunal against the plaintiff in relation to the ..... contract, it logically follows that apart from the remedies available under the act, the plaintiff has no other right. in bharat aluminium company versus kaiser aluminium technical services inc. reported at ..... suit praying, inter alia, for setting aside of a foreign award made in pursuance of an arbitration clause contained in a contract dated 22nd october, 2009. the arbitration clause reads: clause 15 arbitration all disputes in connection with this contract or the execution thereof shall be settled amicably by friendly negotiations between the two parties. if no settlement can be reached, the .....

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Mar 24 2015 (HC)

State Trading Corporation of India Limited and Anr. Vs. Glencore Grain ...

Court : Kolkata

Decided on : Mar-24-2015

..... civil suit might have been instituted to agitate issues of fraud. this court passed the interim order having regard to the assertion of the plaintiff-petitioner that there was no contract at all executed on 10th june, 2008. the aforesaid submission is apparently incorrect. prima facie there is an agreement executed on 10th june, 2008 between glencore and the plaintiff- ..... removing the suppression for that purpose. the suppression, according to the learned senior counsel, in this case is that the plaintiffs have knowingly and deliberately made a statement that no contract has been concluded between glencore and rpi. it is submitted that in mayar s case justice naolekar put the principle succinctly in the following terms. after treating the plaint complete ..... 2009 restraining glencore from proceeding with arbitration in london against rpi. on 5th may 2010, an award was passed in arbitration case no.13-944 holding inter alia that no contract existed between stc and glencore and that there was no arbitration agreement between them. however, no further reliefs were granted in that arbitration to glencore. the ex parte interim ..... arbitration and orders were made thereon. subsequent thereto, on 23rd june 2009, rpi filed a suit being suit no.173 of 2009 for a declaration that there was no contract between glencore and rpi and for injunction restraining glencore from proceeding with arbitration in london and other reliefs. an ex parte order was passed in the interlocutory application filed by .....

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