Court : Chennai
Decided on : Feb-28-2011
..... (inderchand jain (d) through l.rs. v. motilal (d) through lrs.), wherein, the apex court held as follows: "section 16(c) of the specific relief act, 1963 mandates the discretionary relief of specific performance of the contract can be granted only in the event the plaintiff not only makes necessary pleadings but also establishes that he had all along been ready and ..... arrive at a finding as to whether the plaintiff-respondents were all along and still are ready and willing to perform their part of contract as is mandatorily required under section 16(c) of the specific relief act must be determined having regard to the entire attending circumstances. a bare averment in the plaint or a statement made in the examination-in ..... arrive at a finding as to whether the plaintiff-respondents were all along and still are ready and willing to perform their part of contract as is mandatorily required under section 16(c) of the specific relief act must be determined having regard to the entire attending circumstances. a bare averment in the plaint or a statement made in the examination-in ..... arrive at a finding as to whether the respondent-plaintiff was all along and still are ready and willing to perform his part of contract, as is mandatorily required under section 16(c) of the specific relief act, must be determined having regard to the entire attending circumstances. a bare averment in the plaint or a statement made in the examination-in .....Tag this Judgment!
Court : Delhi
Decided on : Apr-19-2011
..... than reproduce the relevant paragraphs:-64. it is apparent from the aforesaid reasoning recorded by the arbitral tribunal that it failed to consider sections 73 and 74 of the indian contract act and the ratio laid down in fateh chand case wherein it is specifically held that jurisdiction of the court to award compensation in case of breach of ..... understanding, it would be totally unjustified to arrive at the conclusion that the party who has committed breach of the contract is not liable to pay compensation. it would be against the specific provisions of sections 73 and 74 of the indian contract act. there was nothing on record that compensation contemplated by the parties was in any way unreasonable. it has been ..... state is to strive to minimise the inequality in income and eliminate inequality in status between individuals or groups of people. the state has intervened with the freedom of contract and interposed by making statutory law like rent acts, debt relief acts, tenancy acts, social welfare and industrial laws and statutory rules prescribing conditions of service and a host of other laws. all these ..... specifically mentioned that it was an agreed genuine pre-estimate of damages duly agreed by the parties. it was also mentioned that the liquidated damages are not by way of penalty. it was also provided in the contract that such .....Tag this Judgment!
Court : Delhi
Decided on : Nov-09-2011
..... pleadings without allowing the parties to lead evidence.3. the issue as to whether the property which is sought to be sold is only a lease hold property and whether contract with respect to the same is barred, is dealt with by the supreme court in the case of mrs. chandnee widya vati madden vs. dr. c. l. katial, & others; air ..... payment of double the amount of the earnest money, then, specific performance cannot be granted. the second ground was that the subject property was a lease hold property and, therefore, contract with respect to the same cannot be specifically performed. the suit has been dismissed without trial.2. the impugned judgment is clearly illegal and bound to be set aside inasmuch ..... as section 23 of the specific relief act, 1963 specifically provides that even if a contract provides payment of compensation/liquidated damages, the same is not a bar to the suit for specific performance. section 23 of the specific relief ..... act clearly provides that the court has to see various attending circumstances in order to decide whether specific performance ought to be granted or damages ought to be granted. this aspect .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Jul-22-2011
..... proceeding. interpretation of clause 7.3.1(iv) in petition no.166 of 2006, this tribunal has held that having regard to the provisions of section 28 of the indian contract act, period of limitation for raising a bill cannot be six months. similar views have taken in petition no.111 of 2007 tata teleservices ltd. vs. bharat sanchar nigam ltd. disposed ..... .211 of 2010 decided on 21.1.2010 (reliance communication vs. bharat sanchar nigam ltd.] repudiation issue mr. chawla has placed strong reliance on pollucok and mullas indian contract and specific relief acts, the relevant paragraph whereof reads as under: the innocent party has an option to either accept the wrongful repudiation or to affirm its continuance. there is no third ..... us in point of practice if not in law, evidence of subsequent conduct to come to our aid. it is available, not so as to construe the contract, but to see how they themselves acted on it. under the guise of estoppels we can prevent either party from going back on the interpretation they themselves gave to it. it was furthermore observed ..... be given in so many words. under certain circumstances, offerrees 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. the said doctrine would, therefore, apply not only .....Tag this Judgment!
Court : Patna
Decided on : Dec-14-2011
..... the state government is entitled to recover the entry tax on the goods brought in the local area as envisaged by the entry tax act. however, it does not make the state government a necessary party to the contract between two private parties. in the present case the state government has recovered the amount of entry tax from the appellant, the importer ..... around the construction of the terms and conditions of the contract as to who will bear the burden of the entry tax. may be, under the entry tax act it is the importer who is liable to pay such tax to the state government, the parties to the agreement may still ..... under the bihar tax on entry of goods in the local areas for consumption, use or sale therein act, 1993 (hereinafter referred to as the entry tax act). the petition was contested by the appellant. according to the appellant, the appellant has entered into a contract with the firm for installation and commission of a sugar mill in the state of bihar. the ..... of the goods. neither the provisions contained in the entry tax act nor the conduct of the appellant in paying the entry tax as required, precludes the appellant from claiming that under the terms and conditions of the contract the amount of entry tax was payable by the firm. as it is apparent, the dispute revolves .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Feb-09-2011
..... as interested parties. secondly, in separate proceedings in the queen's bench division, rmp claimed damages against brent on the basis that by entering into insurance contracts under the mutual insurance scheme it had acted in breach of the 2006 regulations. by a judgment delivered on 22 april 2008 stanley burnton lj declared that brent had no power under either section 111 ..... , as the teckal exemption applies to the 2006 regulations and the arrangements between laml and the london local authorities satisfy both tests, harrow did not act in breach of the regulations when it entered into insurance contracts with laml under the mutual insurance scheme. is a reference required? i would hold that the answers to be given to issue (2) and the ..... ] ewhc 692 (admin);  lgr 331. by a further judgment delivered on 16 may 2008 stanley burnton lj held that brent had acted in breach of the 2006 regulations when it abandoned the tender process and awarded the insurance contracts to laml:  ewhc 1094 (admin);  lgr 429. his judgment in that action was confined to the issue of liability. he ..... . there are currently six other actions for damages pending in the high court against local authorities who contracted with laml. they have been stayed pending this appeal. the public contracts regulations 2006 the 2006 regulations were made under section 2(2) of the european communities act 1972. they give effect to council directive 2004/18/ec of 31 march 2004 on the coordination .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-04-2011
..... added)); 65 cong. rec. 1931 (1924) ( it creates no new legislation, grants no new rights, except a remedy to enforce an agreement in commercial contracts and in admiralty contracts ). as is well known, prior to the federal act, many courts expressed hostility to arbitration, for example by refusing to order specific performance of agreements to arbitrate. see s. rep. no. 536, 68th cong ..... than they may shirk it if their belief happens to be the contrary ); cohen & dayton, 12 va. l. rev., at 276 (the act is no infringement upon the right of each state to decide for itself what contracts shall or shall not exist under its laws ). these cases do not concern the merits and demerits of class actions; they concern equal ..... ., 1st sess., 2 (1924). the act sought to eliminate that hostility by placing agreements to arbitrate upon the same footing as other contracts . scherk v. alberto-culver co. , 417 u. s. 506 , 511 (1974) (quoting h. r. rep. no. 96, at 2; emphasis added). ..... these statistics are not definitive, it is worth noting that california s courts have been more likely to hold contracts to arbitrate unconscionable than other contracts. broome, an unconscionable applicable of the unconscionability doctrine: how the california courts are circumventing the federal arbitration act, 3 hastings bus. l. j. 39, 54, 66 (2006); randall, judicial attitudes toward arbitration and the resurgence of .....Tag this Judgment!
Court : Delhi
Decided on : Jan-31-2011
..... .37. this court is not persuaded to hold that the decision by the nhai not to blacklist bgel was opposed to public policy and hit by section 23 of the contract act. there were cogent reasons discussed at the meeting of the board of nhai at its meeting on 4th august 1998 deciding not to blacklist bgel. this was a conscious decision ..... could have been no agreement between the parties not to blacklist bgel and that such an agreement would be opposed to public policy and hit by section 23 of the contract act. it was argued that subsequently an fir had been registered in 2003 against certain officials of nhai as well as bgel. the settlement communicated by the letter dated 28th august ..... bgel. on its part, bgel decided not to contest the charge that it misrepresented facts since it did not want to jeopardize its chances to bid for future contracts. it is stated that by acting on the above full and final settlement, the petitioner gave up whatever defence it may have had against the charge of misrepresentation, and agreed to accept the ..... mistake without having the settlement set aside."36. there is considerable merit in the submission that the intention of the nhai to act on the settlement to drop proceedings to blacklist the bgel was evident from its act of awarding contracts on three subsequent occasions in favour of bgel. there is no reasonable explanation offered by nhai for this. it is plain that .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-28-2011
..... the act suggests that any provision in an arbitration agreement, naming the arbitrator will be invalid if such named arbitrator is an employee ..... 1996 as well. in that context, the supreme court observed as follows :"we find no bar under the new act, for an arbitration agreement providing for an employee of a government/ statutory corporation / public sector undertaking (which is a party to the contract), acting as an arbitrator...2 (2009) 8 scc 520.nothing in sections 11, 12, 18 or other provisions of ..... appoint a fit person as the transport manager of the transport undertaking. section 73 provides that for the making of contracts under or for any purpose of the act, every contract shall be made on behalf of the corporation by the commissioner. contracts of a certain value have to be previously approved by the standing committee. section 75 provides that for the ..... as consideration for the services to be performed, the petitioner was permitted to display advertisements for a stipulated period. the contract was terminated on 25 october 2010. the petitioner thereupon moved an application under section 9 of the arbitration and conciliation act of 1996 before the principal district judge, thane. by an interim order dated 21 december 2010, the learned trial .....Tag this Judgment!
Court : Chennai
Decided on : Jan-28-2011
..... .2002 and so, the trial court presumed that the appellant/plaintiff was not ready and willing to perform his part of the contract as per section 16 of the specific relief act. but the above finding of the trial court is erroneous. though it is true that six months' time was agreed upon, ..... on by the learned counsel for the appellant/plaintiff, it is appropriate to incorporate section 16 of the specific relief act, as follows:section 16: personal bars to relief:specific performance of a contract cannot be enforced in favour of a person--(a) who would not be entitled to recover compensation for its breach ..... a sale agreement.12. in this regard, it is appropriate to quote section 92 of the indian evidence act:section 92 : exclusion of evidence of oral agreement.when the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of ..... and suit can be filed within the period of three years, provided under article 54 of the limitation act, it should be performed within a reasonable time having regard to the terms of the contract prescribing a time-limit and nature of the property and the same cannot be ignored altogether on the ..... v. ramdasi devi) :"the aspects of delay which are relevant in a case of specific performance of contract for sale of immovable property are:(i) delay running beyond the period prescribed under the limitation act;(ii) delay in cases where though the suit is within the period of limitation, yet:(a) due to .....Tag this Judgment!