Court : Delhi
Decided on : Mar-29-2011
..... and principles to be followed for computing the compensation. whereas, the claim for damages is founded on the provisions of section 73 of the indian contract act, 1872. for another, a plain perusal of this claim as detailed in annexure c makes it plain that the damages alleged to have been suffered are ..... to support such claim. suffice it to say that if a claim is admissible under a statutory provision, section 73 of the contract act, the absence of a stipulation in the contract does not render the claim inadmissible. the question as to whether the claim stands substantiated partially or fully is, however, an altogether ..... interest, at the specified rate of 18% per annum for the post-award period.(iii) while clause (a) gives the parties an option to contract out of interest, no such option is available in regard to the post-award period.in a nutshell, in regard to pre-award period, interest ..... filing a suit, civil courts while exercising appellate board will not substitute its own opinion with that of the arbitrator if the clauses of the contract are open to two plausible interpretations, it is legitimate for the arbitrator to accept one or the other available interpretation and even if the court ..... of the appellant and the site had to be kept secured with a watch and ward staff, despite there being no specific stipulation in the contract regarding such a claim, the appellant was still entitled to claim this amount. in this regard details have been supplied by the contractor which have .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-19-2011
..... to the other contractor without intimating respondent. which according to the respondent is contrary and arbitrary to the general principles of law as well as violating the principle of indian contract act, 1872. it was claimed that within the extended period i.e. 28th january, 1999 the respondent completed his part of work and also extra work and new items within full and ..... arbitrator who has passed the impugned award which is under challenged in the instant petition. mr. p. s. basu, learned counsel appearing for the petitioner submitted that according to the contract, the completion period was to expire on 13th august, 1998. since the respondent could not complete the work within the original contractual period, the time to complete the said work ..... representative/officer which is a conclusive proof of the work done by the respondent and is binding on the respondent in accordance with the provisions of the general conditions of contract. it was also submitted that the respondent fail to deliver diverse quantities of raw materials like cement, rod, etc. which was supplied to him for the aforesaid construction but could ..... respondent was in any event premature since the respondent prior to approaching the court for appointment of arbitrator did not follow the procedure laid down in the general conditions of contract." the learned arbitrator heard the matter and passed his award on 15th june, 2007 which was received by the petitioner from the advocate at 25th june, 2007. it was .....Tag this Judgment!
Court : Kerala
Decided on : Sep-27-2011
..... institution and therefore the words institutional arbitration used in the clause was vague and uncertain and/or incapable of being made certain and void under the contract act, 1872. there, the court referred to section 7 of the act, the decision of the apex court in smt. rukminibai gupta v. collector, jabalpur and others (1980 (4) scc 556) and the decision in dayananda reddy ..... not contain the seal of either the appellant or the respondent. it is contended that under the rules of centa and also the english arbitration act, and the act, the contracting parties were free to opt for the particular legal system and the particular country as venue. it is contended that there are several agreements between the parties with and without ..... in venture global. when the apex court has laid down that application under section 34 will lie even when it is excluded by contract between the parties, the exclusion of the similar provisions in the english act by the contract between the parties without exhausting an inhouse appellate remedy would certainly not apply to oust the courts jurisdiction in india. however, we do ..... . ltd. and another v. raymon and co. (india) pvt. ltd. (air 1963 sc 90), the apex court was dealing with a case under the arbitration act, 1940. the apex court held as follows: if a contract is illegal and void, an arbitration clause which is one of the terms thereof, must also perish along with it and a dispute relating to the .....Tag this Judgment!
Court : Kerala
Decided on : Jan-19-2011
Reported in : ILR2011(1)Ker817
..... in the arbitration and conciliationact, 1996 (central act 26 of 1996) or in any other law for the time being in force or in anyjudgment, ..... of1872) or in the arbitration act, 1940 (central act10 of 1940) or ..... the act shall be deemed to have come into force on14th november, 1997. section 3 of the awards act provides forcancellation of arbitration clauses and revocation of authorityof arbitrator. section 3 is extracted below for convenience. "3. cancellation of arbitration clauses andrevocation of authority of arbitrator :- (1) notwithstanding anything containedin the indian contract act, 1872 (central act 9 ..... the project director was requested to indicate the convenient dates. mutual discussion is contemplated under clause 24.1 of the conditions of contract act forming part of the agreement. however, no discussion took place. the applicant invoked the arbitration clause contained in clause 24.2 of the conditions of .....Tag this Judgment!
Court : Delhi
Decided on : Apr-29-2011
..... that such a settlement or "contract cannot form the basis of a legitimate claim by the plaintiff against the defendant". support has been taken for this conclusion from sudhindra kumar rai chaudhuri -vs- ganesh chandra ..... that this document constituted an illegal contract inasmuch as the plaintiff and his sister had agreed to give evidence favourable to the defendant so that proceedings against the latter under the erstwhile foreign exchange regulation act (fera), 1973 could be brought to an end. the learned single judge has pressed sections 23 and 28 of the indian contract act, 1872 to arrive at the conclusion ..... reduced to ` 9/- per kilogram. the learned single judge has found no illegality in these transactions between the parties. it is for this reason that section 23 of the indian contract act is of little relevance. we also find it impossible not to conclude that the learned single judge has erred in going threadbare into the defences to the claim proffered by ..... narula has relied on the division bench verdict in life insurance corporation of india, madras -vs- devendrappa bujjappa, air 1987 karnataka 129 which clarifies that section 23 of the indian contract act does not prohibit enforcement of valid portion of the transfer of property or debt if it is severable from the invalid portion. on the other hand, mr.c. mukund, learned .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-20-2011
..... null and void shall not entail ipso jure the invalidity of the arbitration clause.8. but where the contract or instrument is voidable at the option of a party (as for example under section 19 of the indian contract act, 1872), the invalidity that attaches itself to the main agreement may also attach itself to the arbitration agreement, if the reasons which make the ..... document (which is compulsorily registrable) is a collateral transaction, in respect of which such unregistered document can be received as evidence under the proviso to section 49 of the registration act.7. when a contract contains an arbitration agreement, it is a collateral term relating to the resolution of disputes, unrelated to the performance of the ..... little else. be that as it may.15. before an arbitrator can be appointed under section 11 of the act, the applicant should satisfy the learned chief justice or his designate that the arbitration agreement is available in regard to the contract/document in regard to which the dispute has arisen. for example if the parties had entered into two agreements and ..... on that ground, not only the agreement for sale, but any arbitration agreement therein will not be binding.9. an arbitration agreement does not require registration under the registration act. even if it is found as one of the clauses in a contract or instrument, it is an independent agreement to refer the disputes to arbitration, which is independent of the main .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-25-2011
..... shows that there was no novation as accepted and/or intended at least by the respondents at any point of time. section 62 of the contract act, 1872 contemplates that any novation or recession and/or alteration of contract can be done only with the agreement of both the parties. it cannot be unilateral. the aspect of execution of bond in favour of the ..... placed on record to justify the same. mere allegations and assertions are not sufficient. i am inclined to observe that the reasoning with regard to the point of novation of contract itself sufficient to reject the objection based upon this doctrine. this doctrine requires specific pleading as well as supporting evidence. it is not a pure question of law specifically when ..... law of limitation. (b) the customs authorities are not necessary party. therefore, the claim petition cannot be dismissed for non-joinder of necessary party. (c) the defence of novation of contract as raised by the respondents is rejected. (d) the issue of estoppal/doctrine of legitimate expectation as raised by the respondents are rejected. (e) in conclusion, the arbitrator held that ..... judgment no.630 of 2003 in summary suit no.330 of 2003 by invoking section 34 of the arbitration and conciliation act, 1996 (for short, the arbitration act). 2. the relevant events and dates are as under : the petitioners entered into a contract with philip lighting b.v., netherlands to purchase the machines for manufacture of compact fluorescent lamps (cfl). the machines shipped .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-21-2011
..... 2) an agreement for the payment of compensation which has been registered under sub-section (1) shall be enforceable under this act notwithstanding anything contained in the indian contract act, 1872 (9 of 1872), or in any other law for the time being in force. 29. effect of failure to register agreement. where a ..... and others air 1968 sc 271 and was held as under: there can be no question in this case that the minimum wages act cuts across the contract between the employer and the employee and wherever applicable the employer is obliged to pay the minimum wages or take consequences of failure to ..... pay it. any employee who feels himself aggrieved by the refusal of the employer to pay the minimum wages fixed under the act has ..... place.death of sri.hanumanth sontannavar10.06.2004notice issued to the commissioner for workmen compensation by hescom under section 8(i) of workmen compensation act including a demand draft for rs. 3,38,880/-17.06.2004notice issued by commissioner for workmen compensation to the wife of deceased ..... the claimant had received the amount deposited by employer in discharge of it statutory obligation. the claimant should not debarred from the compensation under m.v. act. 5. jasuben wd/o devchandbhai parmar vs. gujarat electricity board (supra) (a) exclusion of jurisdiction of civil court will be there only if .....Tag this Judgment!
Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on : Dec-23-2011
..... only the ??disclosed ? agent of respondent no. 2. the provisions of the contract act, 1872, clearly provide that an agent is not liable for the acts of a disclosed principal subject to a contract to the contrary provided in section 230 of indian contract act. the liability if any, to the appellant was that of respondent no. 2 ..... reported in 60 (1995) dlt 522 (sc)=ii (1995) bc 372 (sc)=air 1995 sc 1766, the supreme court held that parties to a contract may agree to vest jurisdiction in one court when two or more courts are competent to entertain the matter. in navdeep singh v. i.i.t.t. ..... competent courts which can entertain a suit consequent upon a part of the cause of action having arisen there within, if the parties to the contract agreed to vest jurisdiction in one such court to try the dispute which might arise as between themselves the agreement would be valid. in m/ ..... of the offer letter dated 27.6.2008 and has conveniently omitted the other pages thereof. the said offer letter, inter alia states that all contracts and agreements are governed by english law and the jurisdiction of the english courts. the appellant accepted the offer of respondent no.2 and enrolled for ..... the m.sc. public health course with university of bedfordshire, england, u.k. in september 2008 thus, signifying a concluded contract between the appellant and respondent no. 2. the contract was entered into, concluded and conducted solely in england. the respondent no. 2 submits that the courts of india do not .....Tag this Judgment!
Court : Chennai
Decided on : Mar-03-2011
..... first defendant and the culprits. the plaintiff bank is not entitled to any relief under section 72 of the indian contract act, 1872. as per sections 9 and 10 of the negotiable instruments act, there is no liability on the part of the first defendant and as it is the negligence of the plaintiff ..... one. so, the first respondent/plaintiff is not an holder in due course.24. now, it is appropriate to consider section 72 of the indian contract act, which reads as under:-"72. liability of person to whom money is paid, or thing delivered, by mistake or under coercion.- a person to whom ..... necessary party?2. whether the trial court is correct in holding that the first respondent/plaintiff is entitled to benefit under section 72 of the indian contract act and to recover the amount?3. whether the judgment and decree of the trial court is sustainable?4. to what relief the appellant/first defendant ..... the plaintiff bank to suspect the genuineness of the dd. the plaintiff bank is entitled to benefit and protection under section 72 of the indian contract act and the payment in acceptance of the counterfeit forged dd in good faith is only a bona fide mistake and the plaintiff was led to ..... amount stating that they honoured the dd, which was fake and the amount has been paid mistakenly, under section 72 of the indian contract act (hereinafter referred to as the act), the plaintiff bank is entitled to recover that amount. so, they filed the suit. after considering the defence raised by the respondents, .....Tag this Judgment!