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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 2015 Page 3 of about 37 results (0.019 seconds)

Mar 19 2015 (HC)

Rani Leasing and Finance Ltd. Vs. Sanjay Khemani

Court : Kolkata

Decided on : Mar-19-2015

..... of the sale before selling the thing pledged. sankaranarayana iyer saraswathy amal (supra) is of the view that, such notice under section 176 of the contract act, 1872 only means an intimation of the intention to sell and not that, a sale should be arranged beforehand and due notice of all details ..... out of a suit for damages for breach of contract came up for consideration. the same principle for quantification of damages as that of british westinghouse electric and manufacturing co. ltd. (supra) was reiterated. in darbishire ..... taken all reasonable steps to mitigate the loss consequent on the breach. this second principle debars a plaintiff in a suit for damages on breach of contract from claiming any damages which is due to his neglect to take steps to mitigate the losses. in payzu, ltd. (supra) an appeal arising ..... to sell the shares at a time of its choice. he contends that, a pledgee is not bound by the rigours of section 73 of the contract act, 1872. in support of such contentions he relies upon all india reporter 1950 travancore cochin page 66 (sankaranarayana iyer saraswathy amal v. the kottayam ..... received a far greater value in such shares. the defendant also contends that the plaintiff was obliged to mitigate its damages under section 73 of the indian contract act, 1862. the issues were settled by the order dated december 3, 2013. the issues are as follows:1. (a) was there any agreement .....

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Jan 28 2015 (HC)

Manju Rai Vs. The Uttar Pradesh State Mineral Development Corporation ...

Court : Kolkata

Decided on : Jan-28-2015

..... dated september 12/13, 1985 the plaintiff terminated the agency agreement with regard to high grade rock phosphate. such termination presupposes the existence of a contract of agency for rock phosphate without making a distinction between the qualities. in such circumstances, the fourth issue is answered in the affirmative and in ..... to any of the terms and conditions of exhibit 2 contemporaneously. in any event, in my view, the evidence on record establishes that, the contract of agency given by the defendant to the plaintiff by exhibit a stood modified by exhibit 2 . reading exhibit a as modified by exhibit 2 ..... agent on the various terms and conditions as would appear from the letter dated september 20, 1983. the plaintiff had performed her obligations under such contract. the plaintiff had generated business for the defendant in the eastern region of india which such region remained unexplored by the defendant. the plaintiff claims ..... , 2015 judgment on : january 28, 2015 debangsu basak, j. the suit is for declaration that the letter of the defendant refusing to renew the contract between the parties is illegal, wrongful, void and liable to be set aside and for a decree for damages and in the alternative an inquiry into ..... defendant by a letter dated december 1, 1986 illegally and wrongfully. she claims that, the refusal of the defendant to renew the contract should be declared as null and void. she claims compensation for the loss and damages suffered by her and in the alternative an .....

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Jan 15 2015 (HC)

M/S. Satellite Mercantiles Private Ltd. Vs. Cit, Taxii, Kolkata

Court : Kolkata

Decided on : Jan-15-2015

..... stating that neither the delivery was received on 31st march, 2008 nor was any payment made. both these things took place on 3rd april, 2008 as will appear from the contract note. delivery and payment may have been made on 3rd april, 2008, but it is the case of the assessee himself that the purchase was made on 31st march, 2008 .....

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Jan 08 2015 (HC)

Fairfest Media Ltd. Vs. Ite Group Plc and Ors.

Court : Kolkata

Decided on : Jan-08-2015

..... there is a burden on the party responsible for prosecuting them to make out a strong case to justify them on grounds of matters unforeseeable at the time of the contract or other exceptional circumstances. my reasons are based on principle, practice and authority. 107. in principle, there are a number of reasons why i do not think that it would ..... -exclusive jurisdiction clause does not clearly indicate whether prior or subsequent parallel proceedings in a non-selected forum are permitted or prohibited, the best interpretation will usually be that, by contracting for non-exclusive jurisdiction, the parties have anticipated and accepted the possibility of some parallel proceedings, and as a result, only foreign proceedings which are vexatious and oppressive for some ..... conscientiousness in the cours.of conduct, or by the common law action for breach of confidence, which is in effect a breach of contract. equity may afford remedy where the disclosure was in cours.of negotiations that never produced contract (seagar versus copydex; 1967 (2) all er415 lac monarch versus international corona; (1990) f.s.r.441).in such a situation, ..... by griffiths in relation to confidential information as referred to in personal management (supra) is stated below:- although the terms of a contract may impose a duty of confidence the right to seek a remedy was not dependent on contract: it existed as an equitable remedy. 165 lord griffiths said that the duty of confidence is, as a general rule, also imposed .....

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Jul 14 2015 (HC)

Indian Institute of Technology, Kharagpur Vs. Mandana D. Farhang and O ...

Court : Kolkata

Decided on : Jul-14-2015

..... respect only thereof. the cover the page firs.of the agreement between the plaintiff and the firs.defendant has been relied upon in the present proceedings and the entire concluded contract has been suppressed. the firs.part of the firs.defendant s argument appears.prima facie, to be without any merit. it is possible that a programme in a particular form .....

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Jun 24 2015 (HC)

Jms Mining Services Pvt. Ltd. Vs. Dcs Ltd.

Court : Kolkata

Decided on : Jun-24-2015

..... guarantees in question and argued that the invocation was totally arbitrary, wrongful and mala fide. in support of his submission, mr.ganguly referred to conditions in the contracts with regard to recovery of mobilization advance. however, as observed hereinabove, the court cannot go into the merits of underlying disputes between the beneficiary of the bank ..... identical, the respondent stated that the respondent was taking steps for reference of its claim to arbitration in accordance with the arbitration clause as mentioned in the respective contracts/ work orders.the grounds for interim relief in the three applications are identical and are extracted hereunder from the firs.application. 20. your petitioner states and submits ..... done remained unpaid. disputes and differences arose between the appellant and the respondent in respect of the work allegedly done by the respondent pursuant to the contracts with the appellant. the contracts between the respondent and the appellant contain provisions for adjudication of disputes through arbitration. on the apprehension that the appellant might invoke the bank guarantees, ..... heard together and are being disposed of by this common judgment and order. madhya pradesh state mining corporation limited, hereinafter referred to as mpsmcl, was allocated the contract for development and operation of the bicharpur coal block. mpsmcl entered into a joint venture agreement with acc mineral resources limited, hereinafter referred to as amrl, pursuant .....

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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 10 2015 (HC)

Bharat Coking Coal Ltd. Vs. M/S. Auroma Coke Ltd. and Ors.

Court : Kolkata

Decided on : Apr-10-2015

..... and conditions mutually agreed between the parties. appellant is the creation of state. its it is expected to discharge obligations fairly with reasonableness. stipulation of a condition in the contract that it could act unilaterally with retrospective effect so far as the escalation of prices without consulting the party is nothing but an arbitrary clause. it is pertinent and relevant ..... ltd.reported in (2004) 1 scc139with reference to applicability of promissory estoppel in the present case. in the referred case, their lordships opined that even in case of unwritten contract, promissory estoppel is applicable. therefore, the contents of the impugned document/letters are with regard to term which did not exist and the revision of rate of washery and other ..... because of the following reasons:i) the appellant was having its both the registered office at occurred at chandigarh; ii) negotiations between parties chandigarh; iii) part-performance of the contract also took place at chandigarh due to deposit of certain sum by appellant in a bank at chandigarh in pursuance of a demand made by the respondent bank in respect ..... court has jurisdiction to entertain the matter. so far as clause 7 of sale orders opined that there cannot be unilateral change by one party as the parties to the contract had arrived at terms and conditions based on mutual rights and obligations. it was further held, the arbitrariness leads to action when obligations are changed retrospectively. further opined that .....

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