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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: jharkhand Year: 2015 Page 1 of about 46 results (0.012 seconds)

Nov 19 2015 (HC)

Unity Infraprojects Ltd Thr Its Authorized Signatory Cum Deputy Genera ...

Court : Jharkhand

Decided on : Nov-19-2015

..... of orissa & ors. reported in (2007) 14 scc517 the hon ble supreme court while considering catena of judgments on the issue of judicial review with respect to award of contracts has held thus:- 22. judicial review of administrative action is intended to prevent arbitrariness, irrationality, unreasonableness, bias and mala fides. its purpose is to check whether choice or decision ..... there is an overwhelming public interest in entertaining the petition, the court should intervene.14. where there is an allegation of mala fides or an allegation that the contract has been entered into for collateral purposes and the court is satisfied on the material before it that the allegation needs further examination, the court would be entitled to ..... process subject to such terms and conditions, which will be prescribed by the municipal corporation. new terms and conditions have been prescribed apparently bearing in mind the nature of contract, which is only collection of octroi as an agent and depositing the same with the corporation. in addition, earnest money and the performance of bank guarantee are insisted upon ..... quality, or performance of the works; (b) which limits in any substantial way, inconsistent with the bidding documents, the employer s rights or the bidder s obligations under the contract; or (c) whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids. 26.3 if a financial bid is not substantially responsive, it will .....

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Nov 19 2015 (HC)

Ranchi Power Distribution Company Limited and Anr Vs. Jharkhand Bijli ...

Court : Jharkhand

Decided on : Nov-19-2015

..... its agents, including managing agents, if any, and servants shall cease to exercise management or control in relation to the undertaking of the company; (c) all contracts, excluding any contract or contracts in respect of agency or managing agency, subsisting immediately before the appointed day an affecting the undertaking of the company shall cease to have effect or to be ..... or services offered are of the requisite specifications; (3) whether the person tendering has the ability to deliver the goods or services as per specifications. when large works contracts involving engagement of substantial manpower or requiring specific skills are to be offered, the financial ability of the tenderer to fulfill the requirements of the job is also important; ..... going into the factual controversy, the high court should not entertain the writ petition. as noted above, the writ petition was primarily founded on allegation of breach of contract. question whether the action of the opposite party in the writ petition amounted to breach of contractual obligation ultimately depends on facts and would require material evidence to be ..... . 16.1.2 the other critical events of default are: a. the distribution franchisee has engaged in a corrupt practice or/and fraudulent practice in competing for executing the contract. b. a resolution for winding up has been passed by the majority shareholders of the distribution franchisee. c. the distribution franchisee is declared insolvent or bankrupt. d. the .....

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Apr 10 2015 (HC)

Central Coalfields Limited Through Its General Manager Admn Shri Biren ...

Court : Jharkhand

Decided on : Apr-10-2015

..... dues of this work or any other work of the company also, subject to the condition that it would not exceed 10% of the contract value. the contract value was of rs. 14181.48 lakhs. the 10% of the said amount works out to be rs. 14,18,14,800/- ..... ordinarily the writ court does not interfere in contractual matter where disputed question of facts are involved and determination on terms and condition of the contract are to be made. the hon ble supreme court in the case of rajasthan state industrial development and investment corporation and another vrs. diamond ..... court should be discreet in exercising jurisdiction in such contractual matter where disputed questions of fact involving interpretation of terms and conditions of the contract are to be adjudicated, more so when the issue in controversy is pending before civil courts, as has already been found by the learned ..... subsequent letters dated 15.01.2014 and 02/03.06.2014 came to be passed whereby security deposit of chanani transport in relation to other contracts were sought to be forfeited/ withheld, which constrained chanani transport to lay formal application challenging the said order also. the learned writ court ..... escalation, however, vide letter dated 17 th of april, 2013, ccl directed chanani transport to resume work for removal of overburden, failing which the contract would be terminated and damages would be recovered from chanani transport besides invoking the bank guarantee. challenging the letter dated 14 th of april, 2013 .....

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Apr 10 2015 (HC)

Chanani Transport Through One of Its Partners Namely Daya Nand Modi Vs ...

Court : Jharkhand

Decided on : Apr-10-2015

..... dues of this work or any other work of the company also, subject to the condition that it would not exceed 10% of the contract value. the contract value was of rs. 14181.48 lakhs. the 10% of the said amount works out to be rs. 14,18,14,800/- ..... ordinarily the writ court does not interfere in contractual matter where disputed question of facts are involved and determination on terms and condition of the contract are to be made. the hon ble supreme court in the case of rajasthan state industrial development and investment corporation and another vrs. diamond ..... court should be discreet in exercising jurisdiction in such contractual matter where disputed questions of fact involving interpretation of terms and conditions of the contract are to be adjudicated, more so when the issue in controversy is pending before civil courts, as has already been found by the learned ..... subsequent letters dated 15.01.2014 and 02/03.06.2014 came to be passed whereby security deposit of chanani transport in relation to other contracts were sought to be forfeited/ withheld, which constrained chanani transport to lay formal application challenging the said order also. the learned writ court ..... escalation, however, vide letter dated 17 th of april, 2013, ccl directed chanani transport to resume work for removal of overburden, failing which the contract would be terminated and damages would be recovered from chanani transport besides invoking the bank guarantee. challenging the letter dated 14 th of april, 2013 .....

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Mar 26 2015 (HC)

Ms Atri Construction Vs. The State of Jharkhand and Ors

Court : Jharkhand

Decided on : Mar-26-2015

..... on p.w.d. code and the admission by the respondents that it is the chief engineer who is empowered to award or cancel the contract, is misplaced. the chief engineer is only a delegatee who exercises power of the state government. the fact that the chief engineer is described ..... in question been not completed within time, the fund would have lapsed causing serious loss to the department and thus, time was essence of the contract. the learned counsel for the petitioner has submitted that the chief engineer had, in fact, extended time for execution of agreement, and the petitioner ..... appears that as on 01.11.2012, no agreement was executed by the petitioner and thus, the petitioner cannot contend that there was a concluded contract between the parties. it further appears that instead of depositing the balance security deposit on or before 18.10.2012, the petitioner could furnish the ..... prayer made in the writ petition, the learned counsel for the respondent no.5 submits that, the decision to award or not to award the contract is exclusively within the domain of the employer/respondent state of jharkhand and the court cannot substitute its decision in place of the decision of ..... agreement. it is further submitted that in view of various correspondences from the department, there cannot be any doubt that time is the essence of the contract. since the petitioner failed to execute the agreement and thus, failed to commence the work within scheduled time, work order was rightly cancelled. 7. mr .....

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Nov 26 2015 (HC)

Monnet Ispat and Energy Ltd Through Its Assistant General Manager Cum ...

Court : Jharkhand

Decided on : Nov-26-2015

..... the dates and events indicated above. there is no question of arbitrariness because the bid validity was extended voluntarily and unconditional. opportunities were given to the petitioner to sign the contract and deposit the development guarantee, but he kept on pending the matter on the ground of inclusion of specific clause for price compensation for more than a year. the ..... and said permission from jharkhand state pollution control board was obtained in the month of august, 2013. therefore, the petitioner was not obliged to deposit development guarantee and sign the contract. 22.in the circumstances, stated above, this court has to decide; (i) whether a writ of mandamus can be issued directing the respondents to include a clause for price ..... , placed following points:- (a) the obligation to obtain all the clearance was that of respondents. the grant of clearances was the precondition for the parties to enter into a contract and the respondents failed to comply their obligation, which is apparent from the dates and events indicated i.e. permission from jharkhand state pollution control board was obtained only on ..... /earnest money deposit; (ii) a writ of mandamus be issued, directing the respondents to provide clause for price compensation for the delay caused by the respondents in executing the contract pursuant to bid notice no.203 dated 6th january, 2009 and, accordingly, the respondents be directed to incorporate an appropriate price compensation clause and adhere to it in a non .....

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Jul 10 2015 (HC)

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

Court : Jharkhand

Decided on : Jul-10-2015

..... 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

Decided on : Jul-10-2015

..... 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

Decided on : Sep-09-2015

..... 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

Decided on : Dec-10-2015

..... 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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