Court : Kolkata
Decided on : Jun-16-2010
..... i shall presently refer to the contents of the tender documents to which my attention was invited.8. the definition of various terms appearing in the 'general conditions of contract' under 'a. contract and interpretation' read as follows:1. definitions1.1 the following words and expressions shall have the meanings hereby assigned to them:(g) 'contractor' means the person(s) ..... . the contractor shall endeavour to resolve all matters and payments amicably and speedily with the sub-contractors.19.2 the corresponding appendix (list of approved subcontractors) to the contract agreement specifies major items of supply or services and a list of approved subcontractors against each item, including vendors except those specified in gcc 19.1. insofar as no ..... ) 'employer' means the person named as such in the scc and includes the legal successors or permitted assigns of the employer.(x) 'scc' means special conditions of the contract.(z) 'subcontractor,' means any person to whom execution of any part of the facilities, including preparation of any design or supply of any plant and equipment, is subcontracted directly ..... petitioners say is malafide, arbitrary and unreasonable and, therefore, would have the effect of prejudicially affecting the right of the company finds place in the general conditions of the contract.6. mr. banerjee, learned senior advocate appearing for the petitioners, while contending that the tender terms and conditions encouraged the interested parties to prepare a list of sub- .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-12-2010
..... . bf-158.32. in kasturi lal lakshmi reddy : (1980) 4 scc 1, the apex court has held that as regards the terms on which the largess may be grated, the contract/lease is liable to be tested for its validity on the touchstone of reasonableness and public interest and if its fails to satisfy either test, it would be unconstitutional and ..... arbitrary or capricious, but must be based on some principle which meets the test of reason and relevance.the apex court further held that ordinarily the government cannot give a contract or sell or lease out its property without issuing an advertisement and without inviting tenders, but in a given case there may be other considerations which render reasonable and in ..... not also be said to be arbitrary merely because no advertisements were issued inviting offers for setting up a factory and taking the tapping contract as an integral part of the transaction. it was not a tapping contract simpliciter which was intended to be given to the party. it was really by way of allocation of raw material for running the factory .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-01-2010
..... plaintiffs that it was willing to complete the deal.(m) the two bank-guarantees, mentioned above, are conditional in nature. the relevant terms of the underlying contract, that is to say, the term sheet of july 29, 2009 have been expressly incorporated in the bank-guarantees. the defendant no. 1 was entitled ..... engage architect for inspection and remodelling building as admitted by the plaintiffs. it is very difficult to believe that without any intention to enter into any contract for lease from the very beginning, a businessman will invest so much amount of money for no purpose and in the process the respondent no. ..... 1 will not gain in anyway. secondly, the dispute, even if falsely raised by the respondent no. 1 to avoid the contract for any subsequent unforeseen reasons, such fact cannot afford a ground to the appellants to avoid the enforcement of the bank-guarantee on the ground of fraud ..... of tea or salt or delay in supply or a short supply may render a party responsible for damages for commission of breach of contract, but, breach of contract alone does not lead to the conclusion that a fraud had been committed thereby. it is contended that commission of fraud would include any ..... either oral or written.19. bank guarantee constitutes an agreement between the banker and the principal, albeit, at the instance of the promisor. when a contract of guarantee was sought to be invoked, it was primarily for the bank to plead a case of fraud and not for a promisor to set up .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-20-2010
..... regard to the aforesaid findings, we are of the view that the learned trial judge was not correct to express the view about the applicability of section 59 of the contract act with reference to the arrear property tax and its demand are concerned. having regard to our discussion above, the writ was not maintainable for the following reasons : 1)that ..... suspense account by corporation and that amount cannot be adjusted with reference to the earlier arrear property tax. the learned trial judge accepted this contention applying section 59 of the contract act and thereby came to a finding that the amount which was tendered as property tax for 2nd quarter of 1986, even if such tendering was belatedly done and not ..... replaced by a pay order as would appear from annexure p-2 to the writ petition. in such a case the provision of law contained in section 59 of the contract act would become squarely applicable which provides as follows :- s.59. application of payment where debt to be discharged is indicated :- where a debtor, owing several distinct debts to one .....Tag this Judgment!
Court : Kolkata
Decided on : May-07-2010
..... including most of the decisions cited by mr. basu. in paragraph 56, it was observed as follows:56. it may be true that a contract need not be given to the lowest tenderer but it is equally true that the employer is the best judge therefor; the same ordinarily being within ..... rejected unauthorisedly though it fulfilled all the conditions. in the event the bid of a single eligible party is considered that might result in awarding the contract to it 'at much-much higher prices than ours'.30. interestingly, the file contains two originals of the letter of complaint dated 26.2.2010 ..... the third tender notice being backed by public interest, the court's interference is not warranted; andiii) in any event, in matters of commercial contracts, the tender issuing authority is the best judge whether to proceed with a particular tender or not and since the first petitioner despite having the opportunity ..... in fact had been published in four other newspapers and, therefore, the apprehension expressed to the effect that clandestinely efforts were being made to award the contract in favour of m/s. sytco inc. is absolutely misconceived.18. it was also brought on record that m/s. sytco inc. had not ..... of centralised medical gas pipeline distribution system at least one under any govt. hospital or two nos. semi govt./govt. undertaking organisation in a single contract within the last 5 (five) years as a prime contractor/and tenderer should be capable to supply medical gases and liquid medical oxygen as per .....Tag this Judgment!
Court : Kolkata Appellate
Decided on : Dec-07-2010
..... in law had he actually worked. drain of public exchequer ought to be frowned upon. gone are the days of pure master-servant relationship regulated by the terms of the contract. an employee in public employment, keeping his designation and emoluments intact, cannot be compelled not to work or made to work in a field over which he has no expertise ..... . the devil tempts those who have nothing to do. to my mind, therefore, it is arguable that in these days a man has, by reason of an implication in the contract, a right to work. that is, he has a right to have the opportunity of doing his work when it is there to be done.. 42. in mukunda (supra), a ..... was referred to an earlier decision in collier v. sunday referee publishing co. ltd., reported in  4 all er 234, where asquith, j. observed: it is true that a contract of employment does not necessarily, or perhaps normally, oblige the master to provide the servant with 17 work. provided i pay my cook her wages regularly, she cannot complain if .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-14-2010
..... invoking the said doctrine. we are afraid, for mere gratuitous conduct on the part of the employer in making additional payment as ad hoc one to the one payable by contract, the employee cannot get a decree for declaration that he had obtained a right to get further increment from time to time. it is not the case of the plaintiffs ..... are not entitled to get the benefit of article 14 of the constitution of india.15. secondly, in this civil suit, the right of the plaintiff emanates from the written contract entered into between the plaintiff-association and its employer, the predecessor in interest of the defendant, and the plaintiff can get the benefit claimed only on proving breach of terms ..... , the plaintiff has acted and in such circumstances, there is no necessity proving any 'consideration' for the purpose of application of such doctrine unlike the case of enforcement of a contract. he, therefore, prays for setting aside the order passed by the learned single judge and remanding the matter back to the learned single judge for decision based on evidence that ..... scheme as would be linked with their cost of living index. the plaintiff and those represented by him herein thereby suffered loss and injury.9. on the other hand, by contract the retired officers of the management staff of the former anz grindlays bank in the united kingdom at all material times were and still are allowed pension linked with prevailing .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-23-2010
..... the result in the reference may have been altogether different. but notwithstanding the arbitrator having detained himself over incidental issues as to whether time was of the essence of the contract and despite the arbitrator glossing over the fact that the sub-contractor had accepted the work order without any contemporaneous demur, the overall impression that the award conveys is that ..... ambit of the arbitration agreement is wide, the conduct of the parties and correspondence exchanged between them may be taken into consideration by the arbitrator in course of construing a contract. minor errors within the jurisdiction of the arbitral tribunal are glossed over by court and it is only awards that shock the conscience of the court or are manifestly ..... work order or final agreement would follow immediately after the execution of the letter of intent. the petitioner contends that the arbitrator could not get into the minds of the contracting parties or their representatives to gauge the intention. however, such argument of the petitioner appears to be clearly flawed since the letter of intent expressly recorded that the work ..... disputes arose between the parties at the time of final settlement of accounts. the primary disagreement was upon the petitioner herein deducting 10 per cent of the value of the contract by way of liquidated damages. in the reference the sub-contractor claimed reimbursement of the sum of rs. 28.50 lakh deducted on account of liquidated damages. the arbitrator .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-23-2010
..... what it actually decides and not what can logically be deduced therefrom.31. in indian rocks (supra) while reiterating that writ remedy is ordinarily not available to enforce a contract qua contract, the court held that if the impugned action is arbitrary or discriminatory violating article 14 a writ petition may be held to be maintainable. the court considering the facts involved ..... law. the dispute raised in the writ petition concerns invocation of the pfc by cil and deduction from the bills raised by the petitioner. the writ petition involves enforcement of contract qua contract. on the authority of the decision in bridge & roof (supra), the prayer made in the writ petition to restrain cil from deducting any amount from the bills raised by ..... (supra).28. the final contention that the pfc not having contemplated opportunity to the petitioners prior to invocation thereof is opposed to public policy, thereby offending section 23 of the contract act, has appeared to me to be an off-the-cuff response of mr. basu finding himself cornered. the plea is not reflected in the petition. without any pleading in ..... under statutory provisions. rules of natural justice are attached to the performance of certain functions regulated by statutes or rules made thereunder involving decisions affecting rights of parties. when a contract is sought to be terminated by the officers of the state, purporting to act under the terms of an agreement between parties, such action is not taken in purported exercise .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-29-2010
..... would appear from the following passage from paragraph 4 and from paragraph 6 of the report:(4) ...we cannot find any necessary implication in the contract that the plaintiffs were obliged to receive payment of their final bill at any one of the numerous treasuries of the punjab government in the punjab ..... since there was no place of payment agreed to, the money was payable at the plaintiff's calcutta office either under section 49 of the contract act or in accordance with the common law rule that the debtor must seek the creditor and make the payment at the creditor's place. ..... compensation and such reservation was in calcutta within jurisdiction, it is immaterial to the cause of action for damages on account of alleged breach of contract; for the right to sue would not accrue from the right therefor being reserved but would arise consequent upon the breach.29. the thin thread ..... amount expended by the companies set up by the second plaintiff only to be faced with a future claim on account of alleged breach of contract and damages. it is the applying defendants' case that the memorandum of understanding and all matters connected therewith were given a quiet and formal ..... where their measurements and calculations were available. in the light of these surrounding circumstances and on a fair reading of the contract, we think that the obligation under the contract to pay to the plaintiff company the amount due on their final bill by necessary implication involved the obligation to pay them .....Tag this Judgment!