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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: andhra pradesh Year: 2015 Page 1 of about 54 results (0.043 seconds)

Sep 14 2015 (HC)

M/s. Larsen and Toubro Ltd. Vs. State of Andhra Pradesh rep. by its Pr ...

Court : Andhra Pradesh

Decided on : Sep-14-2015

..... power grid agreement stipulates that, for the equipment and materials to be provided by seimens under the first contract', it would be the responsibility of siemens to take delivery, unload and store the same at the site and execute an indemnity bond in favour of power grid against loss, damage and any risks involved for the full value of ..... power grid agreement provides for liquidated damages for delay in completion and, thereunder, if seimens ltd fails to complete the successful commissioning of the sub-stations covered under the contract, within the period stipulated, they shall pay powergrid liquidated damages for the delay. article -11 of the seimens rinl agreement provides that liquidated damages shall be applicable only ..... price component shall be paid on successful completion of erection, testing and commissioning of the sub-station and issuance of taking over certificate. the siemens - power grid supply contract also prescribes an implementation schedule not only for supply but also for erection, testing and commissioning of the power plant. the tender notice issued by the rashtriya ispat nigam ..... contractors of their obligations of erection and installation of equipment after the goods are sold by them to the owner. the petitioners-contractorsobligations, under both the supply and erection contracts, cease only after the turn-key project becomes operational, and after final payment is made both for supply of material and for erection and installation of equipment. while .....

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Jan 19 2015 (HC)

V. Venkataswam Vs. The State Acb, Warangal Range, Warangal

Court : Andhra Pradesh

Decided on : Jan-19-2015

..... medical expenditure of his ailing son and on the date of trap pw1 handed over the tainted amount as if he was repaying the loan contracted under ex.d2. so, the crucial point is whether the ao accepted the amount as bribe as contended by prosecution or whether he innocently ..... to stand. c) then, official favour is concerned, it is the strong argument on behalf of ao that as the predecessor of ao entrusted contract work to pw1 without obtaining permission from commissioner endowments, the ao wanted to straighten the issue and so while ordering on ex.p6note file for ..... . he argued that the pendency of official favour and demand are to be viewed in a holistic manner rather than in isolation to the present contract work alone. regarding demand, he argued that since it became clear that pw1 has not tried to implicate ao, his evidence touching the aspect ..... to their misdeeds. learned counsel argued that when the ao admittedly did not demand bribe while ordering payment of 3/4th of the present contract amount and other contract amounts, it would be highly unjust to impute that he demanded bribe for a petty balance amount of rs.3,000/- and odd. ..... swamy devasthanam temple, kuravi village and mandal, warangal district. according to prosecution, r.ravinder reddy complainant (pw1) was eking out his livelihood by undertaking small contracts. in the month of june, 2000, he was entrusted with repairing work of kuravi sree veerabhadra swamy devasthanam for ensuing jatara by pw.3the then executive .....

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Jul 03 2015 (HC)

R.C.C.(Sales) Private Limited and Ano Vs. E.S.I. Corporation andot

Court : Andhra Pradesh

Decided on : Jul-03-2015

..... the obligation by operation of law is towards the corporation, is void and illegal. it may be that the act does not explicitly forbid such course, but if interpretation to contract out of act is accepted, the interpretation will defeat and destroy the compulsive character introduced by the legislation.28. hence, the question referred is answered in the negative declaring ..... in other words, with the legal effect and statutory fiction, contribution of esi to the corporation is mandated by the act. therefore, the employer and the employee cannot in law, contract out the statutory obligation of contribution to the corporation and agree not to pay contribution to corporation. the relationship of employer and employee in a factory/establishment under the act ..... that to achieve social justice, it would suffice to produce formal equality before the law. these views were reflected in contemporary legal thought by the idea that freedom of contract was the supreme article of public policy, a notion which ignored utterly those cases where there was no genuine equality of bargaining power as for example between master and servant ..... side or the other, the disclosure is fatal to the case. a stipulation of the strongest form to waive the objection would be tainted with the vice of the original contract and void for the same reasons. wherever the contamination reaches, it destroys. (emphasis supplied) after considering the several english judgments, the supreme court then observed that waiver is the .....

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Sep 11 2015 (HC)

DBM Geotechnics and Constructions Pvt. Ltd. Vs. Union of India, Rep. b ...

Court : Andhra Pradesh

Decided on : Sep-11-2015

..... case, the order of the bombay port trustees was questioned. 11. per contra, learned standing counsel for the second respondent placed strong reliance upon the various conditions of the contract in addition to the averments in the counter affidavit. learned standing counsel pointed out that in the pre-bid meeting, clarification was issued to the bidders with regard to performance ..... respondent for furnishing 5% bank guarantee is an additional requirement imposed on the petitioner. learned counsel also submits on the basis of the clause relating to automatic extension of contract, extracted above, that the site having been handed over to the petitioner only on 02.05.2014 and the approval for designs having been received on 15.07.2014, ..... petitioner having failed to submit 5% performance bank guarantee, show cause notice for termination was issued on 27.03.2015 and consequently, the second respondent was compelled to terminate the contract and decided to call for fresh tenders. the prayer of the petitioner is, therefore, strongly opposed by the second respondent. 9. learned counsel for the petitioner points out that ..... (2011) 5 scc 697) and dwarkadas marfatia and sons v. bombay port trust (1989 (3) scc 293). learned counsel also submits that under section 3 of the conditions of contract clauses 24 and 25 provide for settlement of disputes including reference to arbitration. 7. the second respondent filed counter affidavit denying the averments of the petitioners and placed strong reliance .....

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Aug 17 2015 (HC)

M/S Lakshmi Sai Constructions Company and Vs. M/S Ijm Corporation, Be ...

Court : Andhra Pradesh

Decided on : Aug-17-2015

..... the claims refused by the respondent and, therefore, addressed a detailed letter, dated 18-10-2012, enlisting all their pending claims with the respondent under the subject sub-contracts and requested for early settlement. the respondent, asked through its letter dated31-10-2012, requiring the revision petitioners to submit certain documents, which were duly furnished through their ..... the question of appointing arbitrator for adjudication/ resolving the purported dispute cannot be countenanced. therefore, it sought to reject the request.6. the court below observing that sub-contract agreement between the respondent and the revision petitioners does not contain an arbitration clause and placing reliance on the decision relied on by both parties in m.r. engineers & ..... that arises for consideration is: whether the provision of arbitration contained in the main agreement between the respondent and the nhai, was incorporated by reference in the sub- contract agreement between the respondent and the revision petitioners?.12. for proper appreciation of matter in controversy between the parties, it would be apt to refer to the relevant ..... , we are of the considered view, that the said circumstance does not improve the case of the revision petitioners for the reason that there has been distinct sub-contract between the revision petitioners and the respondent, more particularly, incorporation of clause 17 in relation to a distinct dispute resolution mechanism. therefore, we are not convinced with .....

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Dec 31 2015 (HC)

Boggadi Rama Chandra Reddy and Others Vs. State of Andhra Pradesh, rep ...

Court : Andhra Pradesh

Decided on : Dec-31-2015

..... transport corporation limited and another vs brojo nath ganguly and another (1986) 3 scc 156), learned senior counsel contended that the supreme court held even termination of contract employment by giving three months notice is illegal and unconstitutional. the supreme court held clause incorporated in the service conditions giving such power as illegal. the constitutional ..... learned advocate general (ap) appearing for respondents made elaborate submissions on the legal aspects and on the scope of judicial review against decision not to renew the contracts of appointment by referring to several precedents of this court and supreme court. learned advocate general contended that the relationship of the petitioners with the respondent state/ ..... respective mandal parishad development offices with advance intimation of date of holding of sitting to field assistants hitherto working within the territorial jurisdiction of concerned mandal, whose contract is not renewed, give them opportunity to explain the targets achieved by them which are not accounted/reasons for not achieving the targets, other constraints. the ..... make appropriate recommendations to the competent authority. 112. the competent authority shall consider the recommendations of the committee objectively and shall take decision for renewal of the contracts of petitioners having due regard to parameters set out while granting such renewal to others. until the entire exercise is completed no fresh recruitment shall be made. .....

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Nov 23 2015 (HC)

Satti Venkateswara Reddy Vs. Mallidi Venkata Reddy

Court : Andhra Pradesh

Decided on : Nov-23-2015

..... by way of abundant caution and at the cost of repetition we may, however, observe that when the borrower and the creditor choose to reduce the contract in writing and if such a document is the sole evidence of terms between them, the document shall form integral part of the transaction and same ..... shall constitute a security which will enable the creditor ultimately to recover the money which he has lent. but if the parties choose to reduce the contract to writing, this implication of law is excluded by their express bargain, and the document will be the sole evidence of its terms. in such ..... as the only repository and the appropriate evidence of their agreement. if this memorandum was of such a nature that it could be treated as the contract for the mortgage and what the parties considered to be the only repository and appropriate evidence of their agreement, it would be the instrument by which ..... shall constitute a security which will enable the creditor ultimately to recover the money which he has lent. but if the parties choose to reduce the contract to writing, this implication of law is excluded by their express bargain, and the document will be the sole evidence of its terms. in such ..... in other words, when the debtor deposits with the creditor title deeds of his property with an intent to create a security, the law implies a contract between the parties to create a mortgage and no registered instrument is required under section 59 as in other classes of mortgage. it is essential to .....

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Sep 11 2015 (HC)

Coromandel Mining and Exports Pvt. Ltd. and Others Vs. Union of India ...

Court : Andhra Pradesh

Decided on : Sep-11-2015

..... conformity with standard or norms which is not arbitrary, irrational or irrelevant. the power or discretion of the government in the matter of grant of largesse including award of jobs, contracts, quotas, licences, etc. must be confined and structured by rational, relevant and non-discriminatory standard or norm and if the government departs from such standard or norm in any ..... the market for the sale of that invention. such an approach is economically and legally sound and sometimes necessary to spur research and development. similarly, bundling exploration and exploitation contracts may be necessary to spur growth in a specific industry. 131. similar deviation from auction cannot be ruled out when the object of a state policy is to promote ..... than auction. 130. a fortiori, besides legal logic, mandatory auction may be contrary to economic logic as well. different resources may require different treatment. very often, exploration and exploitation contracts are bundled together due to the requirement of heavy capital in the discovery of natural resources. a concern would risk undertaking such exploration and incur heavy costs only if it ..... 94. there is a fundamental flaw in the first-come-first-served policy inasmuch as it involves an element of pure chance or accident. in matters involving award of contracts or grant of licence or permission to use public property, the invocation of first-com-first-served policy has inherently dangerous implications. any person who has access to the .....

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Sep 03 2015 (HC)

Krishna Constructions, Vijayawada Vs. The State of Andhra Pradesh, Rep ...

Court : Andhra Pradesh

Decided on : Sep-03-2015

..... bidder. 26. in the facts of this case, it cannot be said that the authorities of the state acted reasonably, fairly and in public interest. transparency and fairness in awarding contracts by state is in public interest. the decision of engineer-in-chief validating 4th respondent technical bid is wholly illegal and amounts to arbitrary exercise of power. it was clearly ..... the contractor has the capacity and the resources to successfully execute the work; and (e) if the state or its instrumentalities act reasonably, fairly and in public interest in awarding contract, here again, interference by court is very restrictive since no person can claim a fundamental right to carry on business with the government. 21. the principles that emerge from the ..... whereas by relaxing the said terms after commencement of tender evolution process, 4th respondent is favoured. 18. the parameters of judicial review in prescription of tender conditions and awarding of contracts are well laid and needs no elaborate discussion. suffice to note what supreme court has said in following cases. 19. the supreme court in jagdish mandal vs state of orissa ..... the said g.o., interim orders are passed by this court in several cases. 8. learned counsel further submitted that scope of interference by writ court in awarding of contracts is very limited and this case does not fall into the exceptional categories warranting interference by this court. in support of his contention, he placed reliance on the decision of .....

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Jul 28 2015 (HC)

M/S. Mauritiuscommercial Bank Vs. M/S. Sujana Universal Industrieslimi

Court : Andhra Pradesh

Decided on : Jul-28-2015

..... executed guarantee deeds at various points of time agreeing to indemnify the petitioner in respect of the obligations of hhl; the respondent went on executing indemnity bonds to indemnify the petitioner for the defaults of hhl; the respondent executed two guarantee deeds dated 09.12.2010 and 03.08.2011; since ..... (p) ltd.v.proxima medical systems (gmbh) ; tube investments of india ltd.v.rim and accessories (p) ltd.).in indo alusys industries ltd v. assotech contracts (india) ltd , the delhi high court, following its earlier judgment in rishi pal gupta v. s.j.knitting and finishing mills private limited , held that the ..... is only because the earlier contingent liability has crystalised into a debt, on the default of the borrower to repay the loan, does section 128 of contract act enable the creditor to recover the said amount, due from the borrower, from the surety also. the liability of a surety/ guarantor, to ..... . on the other hand sr.s. niranjan reddy, learned counsel for the petitioner, would submit that, in view of section 128 of the indian contract act, a liability of a surety is co-extensive with that of the borrower; it is not necessary for the lender to firs.proceed against the ..... repay the loan of the borrower arises only on a default by the latter. (n. narasimhaiah1).a contract of guarantee is an independent contract and, therefore, the plea that, unless and until the lender takes steps for realization of the amount from the principal borrower, they are .....

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