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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: gujarat Year: 2011 Page 1 of about 43 results (0.015 seconds)

Mar 16 2011 (HC)

Jayant Shantilal Sanghvi and ors. Vs. Vadodara Municipal Corporation a ...

Court : Gujarat

Decided on : Mar-16-2011

..... the original terms and conditions of the auction sale, was inserted. this makes the respondent corporation's acceptance conditional acceptance and, therefore, no acceptance under section 7 of the indian contract act, 1872. in support of this submission, reliance is placed on the decision of the orissa high court in the case of vishwa industrial co. limited v/s. mahanandi coal fields limited ..... of the auction sale by order dated 23.03.2007. this is absolutely contrary to all notions of fair play and good faith.iii. under section 7 of the indian contract act, 1872, acceptance of an offer must be absolute and unqualified. a conditional acceptance is no acceptance at all. the petitioners' offer of price for the plots was governed by the ..... for the declaration from this court that the auction of the respondent corporation of inserting / adding the impugned condition as being inconsistent and incompatible with the provisions of the indian contract act, 1872, is violative of constitutional provisions like articles 14, 19 & 21 of the constitution of india and illegal and null and void.3. special civil application no.12867 of 2007 ..... a fundamental variation as it creates additional liabilities and obligations on the petitioners. under section 108 (j) of the transfer of property act, 1882, a right of further transfer to a sub-lessee in absence of a written contract to the contrary is recognized. thus, under the terms and conditions of the auction sale, the petitioner had a right under section .....

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Feb 04 2011 (HC)

Mansukhbhai Manjibhai Patel Andd anr. Vs. Saurashtra Cooperative Bank ...

Court : Gujarat

Decided on : Feb-04-2011

..... security only. therefore, according to the learned advocate, the liability of the guarantor had ceased to operate taking into consideration the provisions of sections 138 to 142 of the indian contract act, 1872. an incidental submission was also to the effect that the guarantor and the purchaser had been impleaded as parties to the suit merely because the manager of respondent-bank and ..... . the second ground on which the jurisdiction of board of nominees has been challenged is applicability of provisions of the recovery of debts due to banks and financial institutions act, 1993 (rdb act). in other words, it is submitted that considering the amount which the respondent-bank is seeking to recover, namely, rs.31 lacs and odd, only the provisions of rdb ..... constitution.3. it appears that some time in 2003 lavad case no.2336 of 2003 came to be instituted under section 48(4) of the gujarat co-operative societies act, 1961 (the act) by the respondent-bank and the borrower, guarantor and the purchaser were respectively imp leaded as respondent nos. 1, 3 and 4 respectively in the said suit. the said ..... act can be made applicable and the provisions of the act cannot be invoked by the respondent-bank. in support of the aforesaid two propositions, reliance has been placed on a decision of this court in the .....

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Mar 04 2011 (HC)

Majabutsinh C Gohil Vs State of Gujarat and ors.

Court : Gujarat

Decided on : Mar-04-2011

1. the challenge in this petition preferred under article 226 of the constitution of india, is to the rejection of the candidature of the petitioner by respondent no.2 gujarat public service commission (gpsc), on the ground that the petitioner does not possess the requisite qualifications for the post of lecturer in the discipline of mechanical engineering. it is, interalia, prayed that the decision of the gpsc rejecting the candidature of the petitioner on the ground that he has not scored 75 percentile in the graduate aptitude test in engineering (gate), be quashed and set aside and the petitioner be declared as eligible to be considered for appointment to the post of lecturer, class-ii, in the government engineering colleges and polytechnics in the state of gujarat.2. the relevant factual background is that the gpsc published advertisement no.186 dated 16.02.2010, calling for applications from eligible candidates to fill up the posts of lecturers in government engineering colleges and polytechnics in the state of gujarat. the petitioner, who was appointed as lecturer (mechanical engineering) on ad hoc basis vide order dated 28.01.2009, applied pursuant to the same. earlier, the petitioner, along with others, had filed a petition, being special civil application no.4651 of 2010, seeking a direction that his services be not terminated. this was done in view of the fact that the appointment of the petitioner was for a term of 11 months, or till he is replaced by a regularly .....

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Mar 04 2011 (HC)

Panchanbhai Nanjibhai Kantaria Vs State of Gujarat;

Court : Gujarat

Decided on : Mar-04-2011

..... witnesses who were examined by prosecution, it is established that the handwriting is proved beyond reasonable doubt and so far as section 8 of the evidence act is concerned, the conduct of the accused appellant is required to be considered. in light of the evidence led before the sessions court and from ..... shows the conduct of the appellant accused and therefore, same is required to be considered in light of the provisions of section 8 of the evidence act. the conduct of the accused to make demand of rs.300/- and on demand, the accused had returned back rs.50/- to the complainant and ..... pay a fine of rs.500/-, i/d to suffer simple imprisonment for three months for the offence punishable under sections 7 of the prevention of corruption act. all the sentences shall run concurrently.2. according to the prosecution, the complainant at the time of filing of fir, was residing in village sagar ..... the learned sessions judge was pleased to convict the appellant-accused under section 13(2) read with section 13(1)(d) of the prevention of corruption act and awarded sentence to the appellant to suffer rigorous imprisonment for 2 years and to pay fine of rs.500/-, i/d, to further undergo simple ..... trial for the commission of the offences under section 7 and 13 (1)(d) read with section 13 (2) of the prevention of corruption act, 1988 (hereinafter referred 'the act'). the learned special sessions judge, jamnagar, in special case no.18 of 1993 passed judgment and order of conviction and sentence dated 7^th .....

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May 16 2011 (HC)

Jyoti Sanjeev Vs. Bharat Petroleum Corporation Ltd.

Court : Gujarat

Decided on : May-16-2011

..... into the actions in contractual matters, at the threshold, when the state is entering into a contract, there is duty to act fairly and not arbitrarily. while examining state action of awarding contracts therefore, courts make a more intrusive inquiry.23. with respect to the question regarding power of ..... have been issued in favour of the petitioner and in the past respondents themselves had accepted tenders from jyoti transport and actually granted contracts also to jyoti transport. this time around in the present round of consideration, we find it extremely inequitable to permit the respondents ..... within the meaning of article 12 of the constitution of india. its conduct in all fields including a contract is expected to be fair and reasonable. it was not supposed to act arbitrarily, capriciously or whimsically.15. it is trite that if an action on the part of the ..... of the constitution if the state or its instrumentality acts in arbitrary manner even in matters of contract. it is also well settled that the state has duty to act fairly and not arbitrarily in the matters of awarding contracts and when high court is examining such a state ..... state is violative the equality clause contained in article 14 of the constitution of india, a writ petition would be maintainable even in the contractual field. a distinction indisputably must be made between a matter which is at the threshold of a contract .....

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Jan 28 2011 (HC)

Premchand J Panchal. Vs. Shahjahabanu Liyakatkhan Patha and ors.

Court : Gujarat

Decided on : Jan-28-2011

..... issued. he has also submitted hat it was an agricultural land and there could not be any sale of the agricultural land without permission under the tenancy act. he submitted that sec. 23 of the contract act would also be attracted as agricultural land would get converted into non-agricultural land after following the procedure and getting the permission. he therefore submitted that ..... of justice.37. as discussed hereinabove, by allowing such application, the rights of the petitioner are not affected to pursue the remedy with regard to specific performance of the contract and therefore no prejudice can be said to have been caused. therefore, it would not be proper to interfere with the impugned judgment and order in exercise of revisional jurisdiction ..... wile considering the equities also, the application which has been granted would balance the rival claims leaving it open to be decided with regard to the specific performance of the contract which is claimed by the petitioner herein and ultimately if he succeeds, the respondents who are transferees will be bound by the claim which the predecessor in title (transferor) ..... permitted the respondents to step in the shoes of the vendor and, still, the right of the petitioner is not affected as he has claimed specific performance of the original contract which, if established, the respondents would be bound as successor of the original vendor. on the other hand, if the application is not granted, the respondents bona fide purchasers .....

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May 12 2011 (HC)

Divisional Controller Vs. Zala Raisingh Babbabhai

Court : Gujarat

Decided on : May-12-2011

..... controlling authority for delayed payment, no such interest is payable to workman. any contract or agreement or settlement if it is contrary to basic provisions of act, then, under section 14 of act, this act having overriding effect to other enactments means provisions of this act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in ..... rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any instrument or contract having effect by virtue of any enactment other than this act."9. in view of aforesaid provisions made under act, definition of 'wages' suggests that all emoluments which are earned by an employee while on ..... other than this act.11. in light of aforesaid mandatory provisions section 14 of act, condition no.5 as referred by learned advocate mr. rawal of circular no.1944 ..... any enactment other than this act or in any instrument or contract having effect by virtue of any enactment .....

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May 04 2011 (HC)

Sanjeev C Bordia and 1 Vs Sunilkumar Mohansingh Bordia

Court : Gujarat

Decided on : May-04-2011

..... /s. annapurna construction, reported in [2003] 8 s.c.c. page 154, hon'ble the apex court in no uncertain term held that the arbitrator cannot act arbitrarily, irrationally, capriciously or independent of the contract. it was further opined :-"there lies a clear distinction between an error within the jurisdiction and error in excess of jurisdiction. thus, the role of the arbitrator ..... , the following principles emerge :[a] an award, which is [i] contrary to substantive provisions of law; or[ii] the provisions of the arbitration and conciliation act, 1996; or[iii] against the terms of the respective contract; or[iv] patently illegal, or[v] prejudicial to the rights of the parties, is open to interference by the court u/s. 34[2] of the ..... which parties cannot derogate.[c] if the award passed by the arbitral tribunal is in contravention of the provisions of the act or any other substantive law governing the parties or is against the terms of the contract.[3] the award could be set aside if it is against the public policy of india, that is to say, if it is contrary ..... the ld. arbitrator exceeded his jurisdiction or authority. the ld. arbitrator remained inside the parameter of the contract. under such circumstances, it cannot be said that the award is contrary to substantive provisions of law or of the act or against the terms of the contract or patently illegal or against the fundamental policy of indian law or is contrary to the justice .....

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May 10 2011 (HC)

Gujarat Industrial Development Corporation Vs Chemstar Organics (i) Lt ...

Court : Gujarat

Decided on : May-10-2011

..... of security deposit is without authority of law and without any binding contract between the parties and also contrary to section 5 of the contract act; and (b) whether the writ petition is maintainable in a claim arising out of a breach of contract. question (b) should have been first answered as it would go ..... the writ court was enforcing a statutory right or duty. these cases do not lay down that a writ court can interfere in a matter of contract only. thus on the ground of maintainability the petition should have been dismissed."31. in the case of praga tools corporation vs. c.v. ..... then chose not to answer question (b). in our view, the answer to question (b) is clear. it is settled law that disputes relating to contracts cannot be agitated under article 226 of the constitution of india. it has been so held in the cases of kerala seb v. kurien e kalathil ..... of india vs. ganga enterprises reported in (2003) 7 scc 410, the supreme court while discussing the scope of judicial interference with enforcement of a contract, held that a writ petition involving a contractual dispute is not maintainable. in all such cases, the question of maintainability ought to have been considered first ..... civil application no.11144 of 2001. in the said case, the first respondent-original petitioner -chemstar organics(i) ltd., a company registered under the companies act, 1956 (hereinafter referred to as "the company" for short) sought for issuance of a writ in the nature of certiorari and mandamus and/or .....

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May 09 2011 (HC)

L H Mehta and 3 Vs Kandla Port Trust and 2

Court : Gujarat

Decided on : May-09-2011

..... judge each case on its own facts and circumstances."27. he would contend that the aforesaid principle will not apply in the case of contracts of commercial transaction, particularly when all individual intends to derive profit out of transfer and alienation of land which was leased earlier in favour of ..... it has been previously approved by the central government. under sub-section (3) of section 34, if contract is made not in accordance with the provisions of the act and regulations made thereunder, such contract is not binding on the board of trustees of kandla port.45. in the present case, there ..... unless it has been previously approved by the central government.40. under sub-section (3) of section 34, no contract which is not made in accordance with the provisions of the act and the regulations made thereunder shall be binding on the kandla port trust board, as evident from the said provisions ..... section (1), the form and manner in which any contract shall be mad under this act shall be such as may be prescribed by regulations made in this behalf.(3) no contract which is not made in accordance with the provisions of this act and the regulations made thereunder shall be binding on the ..... and quoted hereunder:-"34. mode of executing contracts on behalf of board. - (1) every contract shall, on behalf of a board, be .....

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