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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: madhya pradesh Year: 2014 Page 1 of about 14 results (0.051 seconds)

May 05 2014 (HC)

M/s. Radhe Machinery Vs. Chairman

Court : Madhya Pradesh

Decided on : May-05-2014

..... had in fact filed an objection under section 34 of the act, treating the same to be an award. it is further submitted that since the place of work of contract falls under the jurisdiction of khariya, district sonbhadra in the state of uttar pradesh, therefore, this court has no territorial jurisdiction to entertain the application. in support of his ..... non-applicant while opposing the submissions made by learned counsel for the applicant, has pointed out that the terms and conditions contained in the general terms and conditions of the contract have been made applicable for the limited purpose of execution of the agreement and there is no provision under the agreement for appointment of the arbitrator. it is further pointed ..... in the case of m.r. engineering (supra), has held as follows:-- "(i) an application clause in another document, would get incorporated into a contract by reference, if the following conditions are fulfilled:-- (1) the contract should contain a clear reference to the documents containing arbitration clause, (2) the reference to the other document should clearly indicate an intention to incorporate ..... the applicant while inviting the attention of this court to letter of intent dated 6-1-2001 submitted that the general terms and conditions of the contract, which contains the arbitration clause, forms part of the contract and, therefore, the applicant is entitled to seek appointment of an arbitrator. it is further submitted that neither in the order dated 29-12- .....

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Sep 24 2014 (HC)

Archana Vs. Tupperware India Pvt. Ltd.

Court : Madhya Pradesh

Decided on : Sep-24-2014

..... another. by making a provision that the agreement is subject to the jurisdiction of the courts at kolkata, the parties have impliedly excluded the jurisdiction of other courts. where the contract specifies the jurisdiction of the courts at a particular place and such courts have jurisdiction to deal with the matter, we think that an inference may be drawn that parties ..... .1 subject to clause 29, the parties hereby submit to the exclusive jurisdiction of the courts at new delhi, india." 5. it is not disputed before this court that the contract was signed at delhi and part of cause of action had arisen in delhi. since the arbitration clause provides that the arbitration proceedings will be held at new delhi and ..... intended to exclude all other courts. a clause like this is not hit by section 23 of the contract act at all. such clause is neither forbidden by law nor it is against the public policy. it does not offend section 28 of the ..... contract act in any manner." 7. in the concurring judgment, hon'ble justice madan b. lokur has expressed that :- "55. it will be seen from the above decisions that except in .....

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Aug 20 2014 (HC)

Shri Brajesh Sharma Vs. Banco Construction

Court : Madhya Pradesh

Decided on : Aug-20-2014

..... all other matters relating to the execution of any of the said works." (emphasis supplied) 19. a conjoint reading of the preamble of the act with definition of "works-contract" makes it crystal clear that the adhiniyam could be made applicable only when either party is state government or public undertaking or its official. in the present case, admittedly, neither ..... government, is a party, and for matters incidental thereto or connected therewith." 18. section 2 (i) of the adhiniyam 1983, which defines "workscontract", reads as under:- " 2(i) "works-contract" means an agreement in writing for the execution of any work relating to construction, repair or maintenance of any building or superstructure, dam, weir, canal, reservoir, tank, lake, road, well ..... gautam rasiklal ashra and another. in para 17, the apex court opined that where sufficient circumstances exist to doubt the genuineness of the agreement or where it is contended that contract was forged/fabricated, the chief justice or his designate may examine the said aspect. 12. in the present case, the genuineness and existence of the agreement dated 14.9. ..... to the decision of the arbitral tribunal) are : "(a) whether the claim is a dead (long-barred) claim or a live claim. (b) whether the parties have concluded the contract/transaction by recording satisfaction of their mutual rights and obligation or by receiving the final payment without objection." the issues (third category) which the chief justice/his designate should leave .....

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Aug 06 2014 (HC)

M/s. Anant Electricals and Others Vs. Bharat Sanchar Nigam Limited.

Court : Madhya Pradesh

Decided on : Aug-06-2014

..... would have been more convenient, time saving and economical to have the same person as arbitrator in resolving the disputes between the parties with regard to all the contracts. the view to the contrary taken by the division bench of the high court is clearly erroneous in law". 11. in (2008) 15 scc 772, delta ..... 8. the first objection of non-applicant is regarding non following the procedure as envisaged in clause (i) to (vi) of clause 25 of the contract. in the rejoinder, the applicant in explicit manner described as to how the said requirement was fulfilled/satisfied. the non-applicant has not chosen to file any ..... were not made. the applicant's demand raised through letter dated 20.6.2011 went in vain. this followed by notice under clause 25 of the contract but this also could not fetch any result. the non-applicant's letter dated 23.7.2011 (annexure a-4) was duly replied by the applicant ..... on record as annexure a-1. shri harish dixit and shri pawan dwivedi, learned counsel for the applicants submit that clause 25 of general conditions of contract in electrical work provides for settlement of disputes and arbitration. the work of operation and maintenance was due for completion on 6.3.2010 and 26.5 ..... the apex court opined as under:- "there is neither any such clause in the agreement nor is there any requirement in law that for each of the contracts (a), (b), ) and (d) a separate panel ought to have been sent. the same panel could very well be utilized for resolving the disputes arising .....

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Dec 03 2014 (HC)

M/s. CMC Limited Vs. State of M.P. and Others

Court : Madhya Pradesh

Decided on : Dec-03-2014

..... his willingness to execute the work as per the l1 rate list. 4.27.2 upon issue of the notification by cl, the concerned bider is required to sign the contract agreement with the clr within 7 days from the date of issue of notification. 4.27.3 any bidder failing to sign an agreement as mentioned above shall be disqualified ..... as under :- 3.13.6 any vendor can refuse to execute the work using l1 rate list without forfeiting the emd unless as stated in sec 4.27 signing of contract agreement (pg.34). from the aforesaid clause, it is clear that the vendor can refuse to execute the work using l1 rate list without forfeiting the emd unless as stated ..... sign the agreement and his earnest money deposit (emd) could not be forfeited. it is also in consonance with the provisions of the indian contract act. section 2 (a) of the indian contract act prescribes that a valid contract is not complete without a valid offer. the petitioner could not be forced to execute the work in accordance with the rates which are ..... in section 4.27 signing of contract agreement. clause 4.27 of the tender document is in regard to signing of contract agreement, which reads as under :- 4.27 signing of contract agreement 4.27.1 clr shall notify the successful bidder(s) that his/their bid has been considered .....

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Nov 12 2014 (HC)

S.D. Bind Vs. Union of India and Others

Court : Madhya Pradesh

Decided on : Nov-12-2014

..... . 15. that apart, another aspect of the matter warrants consideration. the irregularities which is found against the petitioner is only non following of certain procedure in the matter of awarding contract. the question is as to whether such an irregularity in the matter of following the procedure can be termed as a misconduct. the supreme court has considered the aforesaid aspect ..... while disposing of writ petition 2176/2002 has found various procedural irregularities in awarding the contract and imposed a cost of rs.5000/ but when the matter was taken up by the division bench, the division bench went into each and every aspect of the matter ..... show that the allegations levelled in the charge sheet and the imputation of allegations are nothing but a repetition of the procedural irregularities committed in the matter of award of contract and finally it is held that because of the act of the petitioner a loss of rs.5000/ has caused to the department. 11. even though the learned writ court ..... this court and by a detailed order passed on 20th august 2002, vide annexure p 4, the learned single bench found that various guidelines in the matter of award of contract was not followed. the officers of the bsnl have committed various illegalities and defaults and accordingly petition was allowed and it was directed that a cost of rs.5000/ be .....

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Jul 10 2014 (HC)

Chief Municipal Officer Vs. Mahila Munni Devi and Others

Court : Madhya Pradesh

Decided on : Jul-10-2014

..... the suit of the respondent. in this view of the matter, the compromise was per se illegal. it was obtained by playing the fraud. 12. section 17 of the indian contract act, 1872 defines the 'fraud', which is as under:- "17. fraud' defined.- 'fraud' means and includes any of the following acts committed by a party to a ..... with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract:- (1) the suggestion, as a fact, of that which , is not true, by one who does not believe it to be true; (2) the active concealment of a fact by .....

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Mar 04 2014 (HC)

Amar Singh Rajput Vs. Chanrakant Singh Managae Judgement Given By: ...

Court : Madhya Pradesh

Decided on : Mar-04-2014

..... case, the applicant failed to prove that any valuable security etc. was created or forgery was done with that purpose. as discussed above, interpolation in the contract deed was made so that the applicant may get a higher amount of loan from the hdfc bank, and therefore that document was nothing, but a document prepared ..... of the property and the remaining percentage is to be paid by the consumer in the name of margin money, and therefore if the manipulation in the contract deed would not have taken place, then the applicant could not get the loan amount of rs.7.5 lakhs. hence, it would be apparent that ..... loan and thereafter he would be entitled to get the possession of the property. hence, the applicant has pleaded that a cheating was done and forgery in the contract deed was made by the respondents. therefore, a complaint for the offence under sections 420, 467, 468, 471 read with section 34 and 120-b of ..... .7 lakhs and in the contract an overwriting was done and sale price was shown to be rs.9,48,000/-. the applicant did not have any knowledge that a fake sale price ..... brief facts of the case are that the applicant moved a criminal complaint before the trial 2 m.cr.c. no.17211 of 2013 court that a contract took place between the applicant/ complainant and one narendra kumar dubey and his associates that narendra kumar dubey would sell a property in the tune of rs .....

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Jul 23 2014 (HC)

Army Public School through its Principal Vs. Ramdhan Sharma

Court : Madhya Pradesh

Decided on : Jul-23-2014

..... stand that it is governed under society registration act. the employer is not getting any financial aid from central government, nor it is a public body. the contract between workman and employer is a service contract. the employer school is a private school. by way of amendment, a 'u' turn is taken by stating that the land, building etc. are provided by .....

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Jan 07 2014 (HC)

ishwar Navthre Vs. the State of Madhya Pradesh Judgement Given By: ...

Court : Madhya Pradesh

Decided on : Jan-07-2014

..... . it will be, however, open to the petitioner to agitate before the court, in the event, the appointments made are of unqualified and ineligible persons as doctors.be it on contract or regular basis. if that matter is brought before the court, it will be possible for the court to re-open that issue. with this observation, even the second issue ..... about the inaction of the government to fill the vacant posts of doctors in the same hospital on regular basis. indeed, the government was resorting to appointments of doctors on contract basis. the recent affidavit filed by the state government discloses that 80% of the vacant posts have been filled in, in combination of regular and ..... contract basis. for filling up the remaining 20%, process has been initiated and the matter is pending at the level of madhya pradesh public service commission. it is stated that the .....

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