Court : Delhi
Decided on : Feb-18-2005
Reported in : 2005(2)ARBLR6(Delhi)
..... agreement. the said agents brought forth the charter party agreement between the parties which was acted upon. the said respondent paid for the freight and also provides a letter of indemnity themselves for change of destination of the vessel from jawaharlal nehru port trust, mumbai to port of mumbai to discharge the cargo. thereforee, it is clearly established that the the ..... of the new york convention, which is set out in the first schedule to the aforesaid act provides that the term 'in writing ' shall include an arbitration clause in a contract or an arbitration agreement signed by the parties or contained in an exchange of letters or telegrams. section 7(4) of the arbitration and conciliation act is similar to section ..... including the statements of the witnesses and thereafter held that the respondent was a party to the contract, namely, the charter party, which contains the arbitration clause. 17. my attention was also drawn by the learned counsel appearing for the petitioner to the letter of indemnity requesting change of ports, which was issued on behalf of the respondent. reference was also made ..... an agreement in writing. in the present case, we may advert to the fact that there is no letter or telegram confirming the contract as such but there is certain correspondence which indicates a reference to the contract in opening the letters of credit addressed to the bank to which we shall presently refer to. there is no correspondence between the parties .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Aug-31-2005
Reported in : (2006)283ITR28(Delhi)
..... government of hashemite kingdom of jordan, that has come into force on 16th oct., 1999. according to clause 1 of article 8, "profits derived by an enterprise of a contracting state from the operation by that enterprise of ships or aircraft in international traffic shall be taxable only in that state." he argued that prior to 16th oct., 1999 there ..... law developments are now, in substance, embodied in the 1978 act. "commercial transaction" is defined to include not only contracts for the supply of goods or services but also the provision of finance through loans and the like, and any guarantee or indemnity in respect of such transactions. even more widely it extends to "any other transaction or activity (whether of a ..... law of the country where they were made. special arrangements have also been made by treaty for withholding, as between the contracting parties, jurisdictional immunity from state-owned ships engaged in commerce. as regards proceedings against foreign states arising out of their tortuous acts, a decree of local jurisdiction is often ..... interest, the mere assertion, unsubstantiated by proof, by that state of its interest was not sufficient to oust the jurisdiction of the court. so too with regard to loans contracted by governments abroad, the predominant view appears to be that the principle of immunity from jurisdiction does not entail the exemption of such governmental transactions from the operation of the .....Tag this Judgment!
Court : Delhi
Decided on : Apr-04-2005
Reported in : 2005(1)ARBLR556(Delhi); 119(2005)DLT638; 2005(82)DRJ119
..... manufacture the goods, objector could not unilaterally process/manufacture the goods and insist that stc should take delivery under pains of damages for breach of contract.29. objector may have been over-enthusiastic or may have acted by design. that would be irrelevant and should not prejudice the court. issues ..... held that claimant has failed to prove that stc had given verbal instructions to the objector to manufacture goods.19. learned arbitrator, analyzing the contract dated 27.2.1991 has held that between the opening of the letter of credit and actual shipment, there was a sufficient time gap ..... the foreign buyer and the canalizing agency.16. analyzing the contract dated 27.2.1991 between the foreign buyer and stc and the contract dated 18.5.1991 between the objector and stc, learned arbitrator has returned a finding as under:-the indemnity clause and clauses 5 and 12 (ii) cover up ..... into between stc and guru overseas, the sub-contract gives complete protection to stc from ..... and shield stc from any claim by guru overseas. though stc remains liable to the foreign buyer notwithstanding the sub-contract entered .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jun-22-2005
Reported in : (2005)96TTJ(Delhi)1
..... in the goods is not to revert back to the supplier as is held in the case of alcatel (supra). as regards works contract, all contracts to be regarded as one, overall agreement etc., we have already dealt with in detail in the earlier part of the order. to ..... that mr. g.c. sharma, who argued the appeal on behalf of the income-tax authorities was wrong in construing the supply contract, the installation contract and the overall agreement together and drawing the conclusion that the intention of the parties, as manifested on a combined reading of all ..... assessee to show that no income accrued in india. in this background, the first contention of mr. sharma was that the supply contract, the installation contract and the business promotion agreement have all to be read together and if so read, the conclusion would be inescapable that all of ..... installation and construction of telephony networks and also in providing different information technology (software) solutions. moreover, its income in respect of the installation contracts is assessed in its hands. further, evidence that it is an independent entity is reflected from the assessment order for the assessment year 1998- ..... guarantee to be provided, by each contractor are according to their respective responsibilities under the agreement. as per clause 12 of the installation contract, it is the responsibility of the installation contractor to perform the installation. the supply contractor is in no way connected with the installation plan .....Tag this Judgment!
Court : Delhi
Decided on : May-24-2005
Reported in : 2005(2)ARBLR172(Delhi); 121(2005)DLT36; 2005(83)DRJ46
..... the hon'ble arbitral tribunal. claimants have also raised an objection that before raising the counter claims, respondents have not followed the mandatory procedure laid down in the first contract for dispute resolution through arbitration. the counter claims are thereforee beyond the scope of arbitration on this ground also.contention of the respondents: in response to the claimants ..... /or discharged and/or satisfied or compromised.(2) the respondent has failed to fulfill the conditions precedent to arbitration specified in clause 26 and 27 of the general conditions of contract'.17. referring to 'a - jurisdiction', mr. kumar submitted that it relates to the jurisdiction of the arbitral tribunal to adjudicate upon the disputes between the parties which, ..... cannot from the subject matter of the present arbitration in as much as before filing these claims, ntpc has not followed the mandatory procedure laid down in the first contract for dispute resolution through arbitration. consequently, the arbitral tribunal has no jurisdiction to entertain or adjudicate upon the alleged counter claims of ntpc.d) the cause of action ..... discharged and/or satisfied or compromised and the respondent had failed to fulfill the conditions precedent to arbitration specified in clauses 26 and 27 of the general conditions of contract. the terms of reference dated 5th may, 2002 contain the following issues:-'the list of issues formulated below is not definitive, and may require expansion or reformulation as .....Tag this Judgment!
Court : Delhi
Decided on : Jul-13-2005
Reported in : IV(2005)BC386; 123(2005)DLT287
..... p-21) the ssi has stated that it had consulted its legal adviser and were advised that the rejections were illegal and contrary to contract correspondence exchanged between the parties thereafter has been produced on record as per which, the ssi had been repeatedly saying that the rejection was not ..... evidence whatsoever, either oral or documentary, to show that the rejection of goods by it was proper, valid and in accordance with the contract. it was submitted that the alleged documents filed by the uoi were only inter-departmental communications between other departments of the uoi with which ..... unwholesome or bad. further the ssi, at the time of submitting tender itself, agreed to this condition being fulfillled. section 56 of the contract act, in these circumstances, would not come into play. thereforee, i am unable to accept the submssion of learned counsel for the warranty clause ..... at his discretion, either to allow the contractor to replace the condemned stock within a specified period or to recover from the contractor the contract price thereof together with sales tax and excise duty, if any, paid thereon by the purchaser along with all incidental and freight charges ..... further notice. the ssi in its letter dated 30th march, 1982 again reiterated that the alleged rejection was illegal, void and contrary to contract, unenforceable and not binding. they refused to furnish a clear and unconditional bank guarantee and also to dispatch the remaining duly accepted balance quantity .....Tag this Judgment!
Court : Delhi
Decided on : Feb-28-2005
Reported in : AIR2005Delhi298; 2005(1)CTLJ377(Del); 118(2005)DLT623; 2005(80)DRJ458
..... and more significantly, also at least while considering the pre-qualification bid, determined that the petitioners were entitled to claim more than the jv share for 'participation' in a contract, for purposes of experience.55. there stand of nhai is unacceptable for yet another reason. the experience certificate is pre- chittorgarh tender; it reflects, rightly or wrongly, ..... , in exercise of judicial review. dinesh engineering corporation ( supra) held as follows: 'a public authority even in contractual matters should not have unfettered discretion and in contracts having commercial element even though some extra discretion is to be conceded in such authorities, they are bound to follow the norms recognised by courts while dealing with public ..... of works. the following part of the clause is highlighted :-'the applicant shall provide evidence that it has successfully completed or substantiated/completed at least the following contract/s pertaining to similar highway/airport runway(sic).'the petitioners submit that the emphasis placed by the respondents is upon the later part of the clause which stipulates ..... it defeats the purpose of the condition. the relevant condition (for experience) was incorporated in the tender conditions for examining the levels of actual experience and performance of contracts of such magnitude.24. learned counsel submits that the certificate relied upon by the petitioners was correctly issued as it reflected the reality of their having performed the entire .....Tag this Judgment!
Court : Delhi
Decided on : Oct-28-2005
Reported in : 2005(2)CTLJ236(Del); 125(2005)DLT69; 2005(85)DRJ207
..... counsel for the respondent has belabored this aspect of this case and has contended that it is inconceivable that any entrepreneur would pay salaries higher than those stipulated in the contract. learned counsel for the petitioner has countered this argument by stating that there may be many reasons for doing so including the practicality from the petitioner standpoint of paying higher ..... blacklisting order. learned counsel for the petitioner has explained that the arbitration clause would not have any applicability to a blacklisting order which is not within the sweep of the contract itself. i am of the view that the arbitration clause would not preclude this court from entertaining and deciding the present writ petition. this decision of the hon'ble ..... badar durrez ahmad, j. in sps engineering ltd. v. indian oil corporation ltd., : 113(2004)dlt70 . in that case the writ petitioner had been debarred from entering into any contract with the respondent thereby blacklisting it for a period of three years. disputed questions were found to be pending before the arbitrator. the petitioner had not been afforded an opportunity ..... earlier know stand on the issue of compliance with the provisions of labour laws. by your acts of omission & commission and misdemeanor you have not only willfully violated the contract condition but also blatantly disregarded the provisions of labour laws. even your reply does not reflect any sense of regret or remorse on your part.after due application of mind .....Tag this Judgment!
Court : Delhi
Decided on : Nov-08-2005
Reported in : 125(2005)DLT478
..... for repairs and thereforee that indicated weakness on the part of the contractor himself. further, i find that the union of india might be weak in their arguments based on contract/contract provisions but their argument, that this was a specialised work based on contractor's design and the contractor was to ensure that the plant was worth functioning for that minimum ..... union of india cooperated in all manners. thus the contractor should have ensured that the equipment supplied was of specifications as per the standards even though not elaborated in the contract. further, i find that the contractor argued, giving reference to some of his letters, that he had rectified the defects but union of india had forcefully replied that there ..... 99 (exh.v)2. due to non working of control panel (referred by you as 'microprocessor control panel) already intimated under various letters two screw type compressors under the contract have failed and plant is not functioning. you are accordingly advised to replace the compressor as well as microprocessor based control panel as recommended by the manufacturer (m/s dunham ..... was 30th november, 1994, however, the time was extended and first phase was completed on 27th june, 1995 whereas second phase was completed on 21st september, 1996.3. under the contract, the respondent had to design, supply and install the air-conditioning plant consisting of various equipments, i.e., water chilling plant with screw type compressors, water pumps, cooling towers, ahus .....Tag this Judgment!
Court : Delhi
Decided on : Jan-12-2005
Reported in : 2005(1)ARBLR247(Delhi)
..... 31. as noted pertaining to sub-head(1) of claim no. 2, arbitrator would be the final adjudicatory authority between the parties to interpret the contract. again, it is not a case where words have been supplemented or supplanted to the agreement. the objection of the respondents is accordingly rejected.32 ..... of the excavated earth beyond 50 meters. 25. the learned arbitrator has acted within his mandate. mandate of the arbitrator was to interpret the contract between the parties. i do not find that the learned arbitrator has supplemented or supplanted words in the agreement between the parties. the objection of ..... whether the special condition no. 1 of the agreement governed the payment or whether the other terms and the special terms & conditions of the contract were also to be looked into. 24. a document requires to be looked as a whole to ascertain the intention of the parties. the learned ..... volume of work on the basis of official documents. further objection is that condition no. 1 of the specifications, at page 123 of the contract prescribed the method to determine the measurements. in substance, what is stated is that the arbitrator has misconducted himself.22. award of the learned ..... award of rs. 80,000/- in favor of the contractor was without any proper calculations. it is stated that as per the specifications of the contract, cpwd specifications and isi specifications have to be followed. it is alleged that the arbitrator has not followed the said specifications.11. as noted, .....Tag this Judgment!