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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: jammu and kashmir Year: 2010 Page 1 of about 6 results (0.024 seconds)

Nov 04 2010 (HC)

Ravish Trehan. Vs. State of Jandk, and ors.

Court : Jammu and Kashmir

Decided on : Nov-04-2010

..... commission of an already discussed herein above, involvement of the present petitioner and other accused is confined to the decision making process, concerning the allotment of the contract to the petitioner. the decision making process, which culminated in taking certain decisions, has already been concluded by the division bench of this court, after examining the record ..... on higher side, by ignoring the recommendations of the committee constituted by the administrative department; b/ permitting participation of private players without formulating the policy;c/ allotting the contract to the petitioner without advertisement and inviting tenders. assuming these facts to be correct, as stated in the report under section 173 cr.p.c, it boils down to ..... section 169 of the code of criminal procedure. these are the circumstances indicating the criminal misconduct of the accused persons, which have finally culminated into allotment of the contract to the petitioner. i have heard the learned counsel for the parties. various acts of omission and commission of the accused persons in the decision making process, alleged ..... transfer of canal power house has been done is in violation of accepted legal norms;c/ no norms and codal formalities have been observed while allotting the contract;d/ that the contract has been allotted without issuing advertisement inviting tenders.11. this order became an information for the investigating agency for registering the fir against the petitioner. on .....

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Apr 05 2010 (HC)

Des Raj Nagpal Engineers and Contractors Vs. Union of India (Uoi) and ...

Court : Jammu and Kashmir

Decided on : Apr-05-2010

..... this act of the arbitrator in omitting to record his findings is in violation of the provisions of clause 70 of the general conditions of the contract, in terms whereof, he was required by the parties to record his findings before making the award. the award of the arbitrator is, thus, ..... and pleading in defence (on the statement of case of opposite party) by 25 jul 2003 and 09 aug 2003 respectively.7. and whereas contract failed to submit statement of case alongwith other document by 09 aug 2003.8. and whereas union of india submitted their statement of case along with ..... letter. i request you first decide on the jurisdiction and arbitrability of these claims as per terms and conditions of the contract and section-16 of arbitration and conciliation act, 1996 and only thereafter take up for adjudication on merit.please acknowledge.yours faithfullysd/-( d j thosre ) ..... , and provisions contained in condition-70 of iafw-2249, i hereby appoint you as sole arbitrator to adjudicate upon the disputes pertaining to the above contract and request you to enter upon the reference and publish your findings and award in respect of disputes as listed in appendix 'a' to this ..... . garg, so-i (plg) c.e. udhampur zone by the chief engineer, udhampur zone in terms of clause 70 of the general conditions of contract. the petitioner approached this court questioning the appointment of the arbitrator by its arbitration application no. 51/2003 which was disposed of on 06.12.2004 .....

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Dec 10 2010 (HC)

M/S Shivam Enterprises. Vs. Food Corp. of India and ors.

Court : Jammu and Kashmir

Decided on : Dec-10-2010

..... to case. nonetheless, for an administrative authority exercising its administrative function, certain measure of free play in the joints is necessary.60. it is also recognized that while granting contract, a statutory authority or the body so constituted, should have latitude to select the best offers on the terms and conditions prescribed, taking into account the economic and social interest ..... has been prohibited particularly when there has been no allegation of malice or ulterior motive and especially when the court has not found any malafide or favouritism in granting such contract. the court has no jurisdiction to determine whether a particular policy or particular decision taken in the fulfilment of that policy/decision is fair. it is only intended ..... the larger public interest in mind in order to decide whether its intervention is called for or not.57. it is established that the administrative decision relating to awarding of contract taken by the statutory authority or a body constituted under an administrative order can be questioned preliminarily on the grounds: (i) decision has been taken in bad faith, (ii ..... great dismay and surprise, fci without communicating any reason or decision, has rejected the tender on technical bid of the appellant and has started the process to allot the said contract to the private respondents. more importantly, when the final bid was opened, it was found that the appellant was the lowest bidder. despite fulfilment of the eligibility criteria as .....

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Dec 23 2010 (HC)

M/S Reckitt Benckiser. Vs. Union of India and ors.

Court : Jammu and Kashmir

Decided on : Dec-23-2010

..... . the doctrine of promissory estoppel is in the realm of equity. there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required under article 299 of the constitution. it is an equitable doctrine and has to yield when the equity so requires. the state government cannot exempt itself from the ..... injustice taking place from strict adherence to it. there is no consideration for the promise and the promise, as indicated above, is not reduced in the form of a formal contract as required under article 299 of the constitution. the state has the option not to make any promise knowing or intending to know that it would be acted upon by .....

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Feb 03 2010 (HC)

Johnson and Johnson Ltd. Vs. State of J and K and ors.

Court : Jammu and Kashmir

Decided on : Feb-03-2010

..... , accordingly, can be safely used for the purpose the same were proposed to be purchased, there is doubt about the materials to be supplied by others. a decision to award contract at a higher price to get the better or the best material found on consideration of materials and application of mind, we are of the opinion, cannot be interfered by ..... original recommendation together with these six letters were then considered by the purchase committee and, upon such consideration, they accepted the original recommendation of the experts for finalisation of the contract for supply of suturing materials in favour of appellant.21. the above state of affair clearly demonstrates that there was no lacunae in taking the matter through the process of ..... regard. learned counsel lastly submitted that the tender was for financial year 2008-09 and before the judgment and order under challenge was passed, almost the entire work under the contract had been executed and, in such view of the matter, the learned judge, in any case ought not to have interfered with the order placed by the state in the ..... advocate general. perused the records. 4. by the judgment and order under appeal, a writ petition filed by the writ petitioner-respondent has been allowed and thereby awarding of a contract by the state in favour of appellant has been interfered with. hence the present appeal.5. the state invited tenders for supply of bandage and suturing materials. the tender notice .....

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Mar 04 2010 (HC)

Syed Nissar HussaIn Vs. Mst. Naseema

Court : Jammu and Kashmir

Decided on : Mar-04-2010

Reported in : AIR2010J& K59

..... wife. it is not like consideration in case of a contract in the strict sense of the term. if for some reason mehar (dower) is not settled or remains unspecified at the time of marriage the marriage is not rendered invalid ..... the courts shall be reasonable with reference to the means of the husband and the status of the wife. this rule shall be applicable whether the suit to enforce the contract be brought in the husband's life time or after his death.6. mehar or dower is an obligation imposed upon the husband as a mark of respect to the ..... state of oudh as back in 1876. section 5 of oudh laws act 1876 laid down that the court is not to award the amount of dower stipulated in the contract of marriage but only such sum as 'shall be reasonable with reference to the means of the husband and the status of the wife'. the practice even finds mention in ..... relevant to the present controversy needs to be noticed:2. where the amount of dower is stipulated for in any contract of dower by a mohammedan is excessive with reference to the means of the husband the entire sum provided in the contract shall not be awarded in any suit by decree in favour of the plaintiff, or by allowing it by .....

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