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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: kolkata Year: 2016 Page 1 of about 51 results (0.016 seconds)

Feb 08 2016 (HC)

Phooltas Harsco Rail Solutions Private Limited Vs. Auto Components Pri ...

Court : Kolkata

Decided on : Feb-08-2016

..... india was a payment under reserve while that of rs 49,31,496 was also made under reserve as well as against the letter of guarantee or indemnity executed by it. a payment under reserve is understood in banking transactions to mean that the recipient of money may not deem it as his own ..... respondent no.2 was never employed with the petitioner. further attention of the court is drawn to the other facts that at the time of awarding contract by the railways to the petitioner and the respondent no.1, the petitioner was in employment and the resignation was offered much after that and therefore ..... several discrepancies and the fallacious in the contents thereof.11. the first and foremost objection on suppression of material facts is that there is no privity of contract between the respondent no.2 and the petitioner, as admittedly the petitioner was employed with speed crafts ltd. and not with the plaintiff. it is ..... supply of utility vehicles. the plaint proceeds that the railways issued a tender in the year 2012 which was opened on 15.04.2013 awarding the contract to the petitioner to supply 12 numbers of utility vehicles and the respondent no.1 to supply and commission two numbers of such vehicle. the petitioner ..... were to be brought by the bank of india, the high court would not have granted any injunction as it was bound by the terms of the contract. what could not be done directly cannot be achieved indirectly in a suit brought by the plaintiffs. even if there was a serious question to be .....

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Dec 08 2016 (HC)

Pam Developments Private Ltd. Vs. Union of India and Ors.

Court : Kolkata

Decided on : Dec-08-2016

..... be accorded the same weight as when used in a more considered way in more appropriate settings. it is often appropriate in building and engineering contracts to imply a term by lay as a matter of business efficacy that the contractor would proceed with the reasonable diligence and expedition. even if ..... work, the question of loss of business could not and does not arise. the claim for interest was also rejected on the ground that the contract stipulation does not provide for payment of interest on security. in so far as the counter-claim is concerned a nil award was passed. the ..... it was found that the remuneration of engineers and supervisor were calculated and included in the cost of site establishment. the special conditions of the contract provides that rates should be inclusive of materialisation and dematerialization of site of work. the petitioner is the custodian of the materials and the railway ..... claims except the amount of work executed as per tender schedule as demanded by the claimant legally not tenable in terms of the conditions of the contract. the respondent in paragraph 8 of the counter-statement has given their remarks item wise of the claim made by the claimant which reads:item ..... court: this is an application for setting aside of an award dated 30th december, 2015 passed by the sole arbitrator. the petitioner was awarded a contract as a successful tenderer for development works for building/rehabilitation on the rcc box br. no.262 (12 x 3.66 in arch) up and .....

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Dec 01 2016 (HC)

Coal India Ltd. Vs. M/S. Paul Builders

Court : Kolkata

Decided on : Dec-01-2016

..... constructions reported at (2003) 7 scc396and followed in subsequent decisions. the court will not judge the reasonableness of a particular interpretation accorded by the arbitrator to the terms of the contract. even an error in interpretation, unless patently illegal, will only amount to an error within the jurisdiction of the arbitrator. in bharat coking coal ltd.(supra) the hon ble ..... quantification of compensation, if any, payable to the contractor by reason of delay in performance of the contract. this aspect of the matter was considered in general manager, northern railway versus sarvesh chopra reported at (2002) 4 scc45in paragraph 15 which reads: 15. in our country question ..... to escalation and such claim on account of escalation could not be denied by referring to the clause in the tender which can only operate during the period of the contract and not for the extended period. there cannot be any dispute that there has been prolongation of the work beyond original contractual stipulated period. the question essentially is the ..... may be) confirming that he has received the payment in full and final satisfaction of all claims.and he has no outstanding claim, that amounts to discharge of the contract by acceptance of performance and the party issuing the discharge voucher/certificate cannot thereafter make any fresh claim or revive any settled claim. nor can he seek reference to arbitration .....

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Nov 28 2016 (HC)

Artistery House Private Limited Vs. Export Exchange and Ors.

Court : Kolkata

Decided on : Nov-28-2016

..... , 1882. the notice is dated september 3, 2013. section 106 of the said act provides as follows : 106. duration of certain leases in absence of written contract or local usage in the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from ..... upon by the learned senior counsel appearing on behalf of the appellant, the relevant portions of which have been extracted supra, the contract between the parties must be in relation to a valid contract for the statutory right under section 106 of the act available to a lessor to terminate the tenancy at a notice of 15 days to ..... such tender or delivery is not practicable) affixed to a conspicuous part of the property. as to what can be a contract to the contrary, within the meaning of section 106 of the act, one has to remember that a contract is an enforceable agreement. section 107 of the said act mandates that a lease of an immovable property for any term ..... the agreement cannot be permitted as the same is wholly contrary to the express provisions of the law. the phrase contract to the contrary in section 106 of the act cannot be read to mean that the parties are free to contract out of the express provision of the law, thereby defeating its very intent. as is evident from the cases relied .....

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Nov 28 2016 (HC)

Tata Steel Limited Vs. Lindsay International (P) Ltd.

Court : Kolkata

Decided on : Nov-28-2016

..... was subdivided in three heads, namely, i) contravention of substantive law of india; ii) contravention of arbitration and conciliation act, 1996; iii) contravention of the terms of the contract. the hon ble supreme court in associate builders (supra) had taken into consideration the object and reason for introduction of the 1996 act and observed that the said act was ..... the machines were simply not capable of being commissioned or erected. it was held by the arbitrator that the two machines were incapable of achieving optimum output of the contract and even after one and half month s supervision and direction by the competent engineers duly authorized by itl, the manufacturers.the petitioner failed to substantiate with any evidence ..... , where mr.naik has categorically admitted that the machines were not manufactured in conformity with the agreed specifications and that they did not perform as was contemplated by the contracting party. the arbitrator on assessment of the evidence arrived at a finding that the claimant has adduced uncontroverted evidence which confirm that in spite of every effort by the ..... arbitrator to adjudicate upon the disputes and difference between the parties. the respondent as claimant in the arbitration proceeding has made the following contention:- a) the respondent-claimant under a contract dated december 26, 2000 agreed to sell to ispat karmet kazakhstan, one pipe end facing & chemfering machine, model no.efm. 4(l) single tube and one single pipe .....

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Sep 27 2016 (HC)

The Phosphate Company Limited Vs. Emirates Trading Agency Llc

Court : Kolkata

Decided on : Sep-27-2016

..... sight basis, against negotiation of the documents and the correspondence of the plaintiff. e-mail exbt.-g3 reveals that kesoram rayon completed all formalities in respect of the aforesaid contract which the defendant had received and urged upon the defendant to make the shipment at the earliest in any event before 15th november, 2007. the correspondences between the parties ..... certain circumstances, offerees silence, coupled with his conduct, which takes the form of a positive act, may constitute an acceptance-- an agreement sub silentio. therefore, the terms of a contract between the parties can be proved not only by their words but also by their conduct. . per contra, mr. thaker learned counsel for the defendant submitted that taking into consideration ..... -----original message----- from: ajay mathur to: havi ; [email protected]; havi ocean commercial sent: thursday, november 01, 2007 4:45 am subject: fw: shipment of supphur pursuant to contract no sul/631/mc dt2110-2007 please revert urgently with haldia vessel nomination . (exbt.-g2) from: krcomml [[email protected]]. sent: thursday, november 01, 2007 4:53 pm to: ..... defendant by its said e-mail sought to allege the existence of force majeure . condition expressing its inability to supply the said commodity. plaintiff contended that under the said contract between the plaintiff and the defendant no financial transaction was involved in iran nor any letter of credit or any other commitment was required from any bank in iran. .....

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Sep 15 2016 (HC)

Dhansar Engineering Co. Pvt. Ltd. and Anr. Vs. The New India Assurance ...

Court : Kolkata

Decided on : Sep-15-2016

..... , 2016 debangsu basak, j.:- two writ petitions involving similar issues are taken up for hearing analogously. the petitioner essentially seeks a declaration that the repudiation of the claim under a contract for insurance is wrong and that the petitioner is entitled to the amount assessed by the surveyor, at the least. w.p.no.1135 of 2015 is taken up for ..... .v.export credit guarantee corporation of india ltd.& ors.) in support of his contentions. none appears for the respondents. the petitioner as an owner of an excavator had obtained a contract of insurance with the respondent no.1. the excavator was employed with regard to a tender of bharat coking coal limited (bccl) and at a coal mine for the purpose ..... be looked into under article 226 of the constitution of india and that, if the facts require oral evidence, it can be taken. a repudiation of a claim under a contract of insurance was under consideration there. in the present case, the court has to find out that, whether triable issues have been raised by the insurance company in the letter .....

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Aug 18 2016 (HC)

M/S. Rotomac Electricals Pvt Ltd. Vs. Union of India

Court : Kolkata

Decided on : Aug-18-2016

..... 34 of the arbitration and conciliation act, 1996. in the instant case, it cannot be said that the tribunal has disregarded the terms of the contract or the said award is based on no evidence. although the tribunal has allowed a sum of rs.34,57,627/- on principles of natural justice ..... the evidence. it is trite that the conduct of the parties would be a relevant factor in the matter of construction of the contract. the construction of the contract agreement is within the jurisdiction of the arbitrators having regard to the wide nature scope and ambit of the arbitration agreement and they cannot ..... with the overriding gap of 24 months. it is submitted that clause 4 of the letter of acceptance and special terms and conditions of the contract would override any general terms which would speak otherwise and dealing with the same issue. this submission was made as a rebuttal to the stand ..... of letter of acceptance. the dispute arose when the metro railway authorities imposed penalty and have invoked the bank guarantee due to non-performance of the contract. the tribunal has considered the matter on merits. on the basis of the evidence adduced by the parties in the proceeding, the tribunal has arrived ..... ii) entire work shall be completed in d + 24 months. the arbitral tribunal has proceeded on the basis that the time was the essence of contract and the petitioner having failed to do the entire work within the stipulated period of 24 months has committed a breach and thereby is not entitled to .....

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Jul 20 2016 (HC)

Srei Equipment Finance Limited Vs. M/S. Essar Project (India) Limited

Court : Kolkata

Decided on : Jul-20-2016

..... be initiated before the arbitrator under the agreement. the principal grievance of the petitioner appears to be that there is a breach of contract. case of a breach of contract, three places would have in the jurisdiction namely, where the contract is entered into, performed or where the breach has taken place. in view of the fact that the master facility agreement was .....

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Jul 19 2016 (HC)

Godrej Projects Development Pvt. Ltd. Vs. Simoco Telecommunications (S ...

Court : Kolkata

Decided on : Jul-19-2016

..... part of the later agreement. it is clear that the parties intend to incorporate the referred document, that is the agreement dated 28th december, 2007 in its entirety into the contract which contains the arbitration clause. under such circumstances, the objection with regard to the absence of an arbitration clause in the later agreement dated 30th march, 2009 is unsustainable. under .....

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