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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: jharkhand Page 5 of about 330 results (0.014 seconds)

Sep 30 2016 (HC)

Renuka Tiwary Vs. State of Jharkhand and Ors

Court : Jharkhand

..... wherein it was held as follows: 38.although ordinarily a superior court in exercise of its writ jurisdiction would not enforce the terms of a contract qua contract, it is trite that when an action of the state is arbitrary or discriminatory and, thus, violative of article 14 of the constitution of ..... dated 04.09.2009 is quashed and the respondents are directed to consider the case of petitioner for payment of arrears of remunerations for the period of contract in the light of decision reported in 2008 (1) jcr265(jhr) in the case of raj kumar singh vs. ranchi regional development authority, ranchi, ..... of hearing is ought to be given by respondents authorities to the petitioner. (iii) the admitted position is that the petitioner was appointed on contract basis in the year 2008 and subsequently the services of the petitioner has been dispensed with and the sudden termination of the petitioner has visited with ..... jd (iec)it intimated that the contract can only be renewed with the approval of naco after performance appraisal on completion of one year. learned counsel for the state has also referred ..... mainstreaming) in jsacs from 25.01.2008 to 08.08.2008. in the above said circumstances the letter submitted by the petitioner regarding renewal of contract of jd (iec) is false and misleading as per the recommendation letter of naco for appointment of the petitioner in jsacs on the post of .....

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Apr 11 2017 (HC)

Ms Adhunik Power and Natural Resources Limited Through Its Authorized ...

Court : Jharkhand

..... the principle, quoted as under: 38. although ordinarily a superior court in exercise of its writ jurisdiction would not enforce the terms of a contract qua contract, it is trite that when an action of the state is arbitrary or discriminatory and, thus, violative of article 14 of the constitution of ..... and established otherwise trust in commerce, national and international would be irreparably damaged. but that does not mean that the parties to the underlying contract cannot raise their cause of action in relation to the breach by resorting to litigation or arbitration. the remedy arising ex contractu is not ..... not necessarily connected, though both may coexist in some cases.12. it is equally well settled in law that bank guarantee is an independent contract between bank and the beneficiary thereof. the bank is always obliged to honour its guarantee as long as it is an unconditional and irrevocable ..... between the beneficiary and the person at whose instance the bank guarantees was given by the bank, had arisen in performance of the contract or execution of the work undertaken in furtherance thereof. invocation of unconditional bank guarantee does not depend upon the result of the decision ..... petitioner accrues to agitate any grievance as regard its invocation. it is not qualified by the underlying transaction and the validity of the primary contract between the person at whose instance the bank guarantee is given. as the bank unconditionally and unequivocally promised to pay on demand, the .....

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Jun 30 2004 (HC)

Larsen and Toubro Limited Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : [2004(3)JCR455(Jhr)]; [2005]140STC134(Jharkh)

..... the joint commissioner would simply accept any declaration that may be made by the principal contractor as regards the excludable components involved in a works contract. but as pointed out by learned counsel for the petitioner, even this may become impossible in the sense that the parties could not ..... labour and services, designs programmes; establishments, consumable articles, water, electricity, and also on machinery and equipments acquired on rent involved in a works contract, there is no machinery provided to assess these components at the pre-assessment stage or at the stage of issuing a certificate to an assessee ..... declared that the section would not hit transactions coming under the central sales tax act and the labour and other components involved in a works contract. it was, therefore, not permissible for the petitioner to reiterate now the contentions not accepted by the division bench earlier. the contentions in ..... that fell under the central sales tax act and transactions which are outside the competence of the state legislature to tax in a works contract as explained in the gannon dunkerley, case.10. to the independent challenge made by the writ petitioner to section 25-a of the act ..... payable in respect of transfer of property in goods, whether as goods or in some other form, involved in the execution of a works contract, shall be lawfully competent to deduct an amount at the rate or rates specified by the state government, in a notification published in the .....

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Jul 10 2015 (HC)

Ajay Rastogi Vs. State of Jharkhand Through Secretary Department of Mi ...

Court : Jharkhand

..... of karnataka and others reported in (2012) 8 scc 216, it has been held that, 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. the petitioner has failed to name a ..... court has observed, evaluating tenders and awarding contracts are essentially commercial functions. 5. it is submitted that, the auction notice dated 15.04.2015 has been issued under rule 12 (2) of the jharkhand minor mineral concession rules ..... mineral concession rules, 2004, clause 16 cannot be construed as a disqualification. moreover, the terms of tender are not open to judicial scrutiny, the same being in the realm of contract. the government must have a free hand in setting the terms of tender. in jagdish mandal vs. state of orissa reported in (2007) 14 scc 517, the hon'ble supreme .....

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Jul 10 2015 (HC)

Dev Kumar Vs. State of Jharkhand Through Secretary Department of Mines ...

Court : Jharkhand

..... of karnataka and others reported in (2012) 8 scc 216, it has been held that, 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. the petitioner has failed to name a ..... court has observed, evaluating tenders and awarding contracts are essentially commercial functions. 5. it is submitted that, the auction notice dated 15.04.2015 has been issued under rule 12 (2) of the jharkhand minor mineral concession rules ..... mineral concession rules, 2004, clause 16 cannot be construed as a disqualification. moreover, the terms of tender are not open to judicial scrutiny, the same being in the realm of contract. the government must have a free hand in setting the terms of tender. in jagdish mandal vs. state of orissa reported in (2007) 14 scc 517, the hon'ble supreme .....

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Sep 09 2015 (HC)

Ms Inox Air Products Limited Through Its Company Secretary Sri Narendr ...

Court : Jharkhand

..... of dispute or differences, the parties will take recourse of conciliation and/or arbitration. it is stated that the petitioner without resorting to the adjudication process provided in the contract, has filed the present writ application, therefore, the same is not maintainable. it is worth mentioning that no counter affidavit filed on behalf of the respondent no.2- ..... risk and cost of the petitioner. it is stated that the petitioner gave reply to the above letter and stated that since the deviations were not incorporated in the draft contract, the same is not acceptable to the petitioner. the petitioner, accordingly, requested the respondent-sail for returning the bank guarantee. thereafter the respondent-sail invoked the bank guarantee. ..... that on various occasions, the petitioner has written to the respondents-mecon limited and sail for incorporating the technical specifications and standard deviation of api-672 in the draft contract, but the same has not been incorporated and finally, the respondent- mecon limited has informed that they are not taking any cognizance of the deviation list provided by ..... production of 'oxygen' and 'nitrogen', which are required for manufacturing of steel and other industrial products. it is further stated that the petitioner has several long term, ongoing contracts and arrangements with the respondent- sail including an agreement dated 19.5.2006, for supply of industrial gases to the respondent-sail for its steel plant at bokaro, jharkhand and .....

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Dec 10 2015 (HC)

Spml Infra Limited Through Its Senior Executive Business Development M ...

Court : Jharkhand

..... procedure adopted by the respondent nigam which finally culminated in the decision inviting fresh tenders must be held arbitrary. the enquiries conducted by the respondents are not contemplated under the contract. the petitioner is an eligible tenderer and its bid has been found the lowest, are the admitted facts. for assessing the bid of the petitioner company the respondents sought ..... the work under the contract was for ground handling services at the new cochin airport. in the said case the hon'ble supreme court found that cial bonafide believed that involving a public sector undertaking ..... 50 mva transformer. the petitioner has pleaded that even if two tenders are for similar work but located in two different places, the price would vary. moreover, in turn key contract, a lot of factors may influence the price such as, financing pattern, payment terms, the rate of interest, incentive, earnest money deposit, supply component etc. in air india limited , ..... of phed, government of bihar. a letter dated 08.07.2015 was also issued to the petitioner to inform the respondent jharkhand jharkhand urja sancharan nigam limited whether any contract has been awarded to it by the government of bihar or any other state government/central 3 government/government department. the petitioner furnished copy of order in c.w.j .....

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Jul 23 2008 (HC)

Ramkrishna Forging Limited Vs. Jharkhand State Electricity Board and o ...

Court : Jharkhand

Reported in : 2008(57)BLJR17; [2008(4)JCR228(Jhr)]

..... has natural consequence in the reduction of guarantee charges. it is made clear that the petitioner has not asked for termination of the h.t. agreement, rather reduction of the contract demand. in our considered opinion, such request of the consumer cannot be denied on the ground of the proviso contained in clause 9.2.1 of the regulatory commission regulation ..... enters into a contract or when it is administering the duty as a welfare state, it cannot be without valid reason exclude any person from dealing with it or take away in an arbitrary ..... relating to electricity in the contractual field is a vital facet of our administrative law moving around article 14 of the constitution of india apart from the provision of indian contract act. consequently, the agreement for supply of electricity with the authority acquire a character which is different from mere commercial transaction with private individuals and, therefore, the authority when it ..... decided to reduce the load from 4000 kva to 1325 kva. accordingly, petitioner made an application on 20.9.2007 before the authority of the respondent-board for reduction of contract demand from 4000 kva to 1325 kva. the said letter was followed by another letter dated 05.10.2007. the said application was rejected by the electrical superintending engineer and .....

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May 19 2015 (HC)

Vikash Kumar Gupta Vs. Revenue Department

Court : Jharkhand

..... notification issued under sub section (1) to section 22a is applicable. the expression public policy or opposed to public policy finds reference in various enactments including section 23 of the contract act. though, the expression public policy is not capable of being given a precise definition and it would depend upon the nature of the transaction, there is unanimity of judicial ..... unregistered document affecting immovable property and required by this act or the transfer of property act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 1877 (3 of 1877), or as evidence of any collateral transaction not required to be effected ..... not exceeding rs. 50/ , from compulsory registration. by an amendment vide, act 48 of 2001, sub section (1a) was inserted in section 17, providing compulsory registration of the documents containing contracts for transfer for consideration in immovable property for the purpose of section 53a of the transfer of property act, 1982. sub section (1a) of section 17 provides that if such .....

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May 19 2015 (HC)

Smt Usha Singh Vs. The State of Jharkhand and Ors

Court : Jharkhand

..... notification issued under sub section (1) to section 22a is applicable. the expression public policy or opposed to public policy finds reference in various enactments including section 23 of the contract act. though, the expression public policy is not capable of being given a precise definition and it would depend upon the nature of the transaction, there is unanimity of judicial ..... unregistered document affecting immovable property and required by this act or the transfer of property act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 1877 (3 of 1877), or as evidence of any collateral transaction not required to be effected ..... not exceeding rs. 50/ , from compulsory registration. by an amendment vide, act 48 of 2001, sub section (1a) was inserted in section 17, providing compulsory registration of the documents containing contracts for transfer for consideration in immovable property for the purpose of section 53a of the transfer of property act, 1982. sub section (1a) of section 17 provides that if such .....

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