Court : Mumbai Nagpur
Decided on : Jul-27-2010
..... claim application filed under section 163a of the said act which is special provision with overriding effect (beginning with nonobstante clause)7. it is wellsettled by now that insurance contract is a contract of indemnity. section 147 of the said act requires owners of the motor vehicle to obtain insurance in relation to third parties. section 149 of the act imposed duty upon ..... to have a right to defend the claim if there is breach of any condition of the insurance policy. in case it is established that there was breach of insurance contract by owner of the vehicle then insurer may escape liability to pay compensation when exception under section 149 of the act are attracted. to provide a speedy, expeditious remedy for .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-27-2010
..... 309. further more, court cannot substitute its own opinion in the matter requiring necessary expertise to choose a right bidder.32. it is true that in the matter of awarding contract an instrumentality of the state (within article 12) cannot act arbitrarily and, therefore, it is not immune from judicial review of an administrative action. the petitioners have to specifically ..... the interest of the state and the public, then the court cannot act as an appellate court by substituting its opinion in respect of selection made for entering into such contract. but at the same time the courts can certainly examine whether the 'decision-making process' was reasonable, rational, not arbitrary and violative of article 14. (see sterling computers ltd., : ..... service provider (petitioner or respondent no. 5, as the case may be) in the first instance from initially paying the entire service tax for the services rendered under the contract.20. the bid documents contained the detail instructions to put the prospective bidders on notice of all the above requirements of operation and comprehensive maintenance of water supply and sewerage ..... opposed the petition by filing his affidavit in reply. according to shri gupta, jusco has not made out any case of arbitrariness or unreasonableness in the decision to award the contract to respondent no. 5. it is further contended that the petitioners had not complied with the bid instructions publicly announced while inviting bids. the services were required to be .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-12-2010
..... case that tongli china was the owner of the defendant-vessel.127. the plaintiff does not appear to have pursued its allegation that the protection & indemnity insurance coub (p&i) cover from 26th april, 2010, if revealed, would show tongli china as the legal assured and reflect tongli china's ..... halcyon as the purchaser of the defendant- vessel from the shipyard. the shipyard was obviously aware of the same as the shipyard and halcyon were contracting parties. paragraph 6 of the affidavit refers to the information given to the said nathan wheeler by his company's corporate search sub- contractors. ..... tongli china.123. though tongli china, as a commercial manager, may be entitled to control certain issues such as commercial factors, sailing routes and contracts, it would not vest it with the ownership of the defendant-vessel.124. eastshine having applied for an asset protection order from tianjing maritime court ..... the government of india was not even a party to the litigation. it was not even contended that the 1999 convention would apply only to contracts where the interests of the government are involved. the parties before the supreme court were private parties. the admiralty jurisdiction in india was being ..... not only in cases of collision and salvage, but also in cases of other maritime liens and claims arising by reason of breach of contract for the hire of vessels or the carriage of goods or other maritime transactions, or tortious acts, such as conversion or negligence occurring in .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-01-2010
..... or private company. they could apply for rectification of register of members under section 155. with effect from january 17, 1986, section 22 a was inserted in the securities contracts (regulations) act, 1956. it provided that the shares of the registered company to be freely transferable. however, the company could refuse transfer only on four specified grounds. ..... , under the proposed provision, companies would be entitled to refuse registration of transfer in specified circumstances only. it is by depositories act, 1996, section 22a of the securities contracts (regulation) act, 1956 came to be deleted and simultaneously 111a of the companies act, 1956 was introduced, which declares the shares of a company to be freely transferable. ..... is placed on the legislative history which indicates that prior to coming into force of section 111 a of the companies act, similar provision was introduced in the securities contracts (regulations) act, 1985. section 22a thereof provided that securities of companies shall be freely transferable. the said provision also restricted companies right to refuse registration of transfer ..... it is repugnant to the provisions of the act, regarded as void.65. counsel appearing on behalf of the respondent submitted that section 111a has no application to contracts for the transfer of particular shares between particular shareholders when incorporated in the articles of association. the submission is that restrictions which bind third parties are bad. section .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-08-2010
..... of the transaction is what the court interprets applying rules of ordinary and natural construction. that perspective would adopt what a normal and 51 (2000) nzca 35052 johan steyn, "contract law: fulfilling the reasonable expectations of honest men" (1997) 113 lqr 433, at 433-434.commercially prudent investor would have viewed. from the perspective of income tax law what ..... are interpreted by judges to the common sense principles by which any serious occurrence would be interpreted in the ordinary life". the contemporary principles underlying the interpretation of commercial contracts have been set out in the judgment:"(1) interpretation is the ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge ..... 40% of the issued share capital of holdco, decisions such as (i) approval of the annual business and operating plan including those for operating subsidiaries; (ii) entering into high value contracts of over us $ 20 million; (iii) any change in the authorised or issued share capital; and (iv) capital calls would be treated as reserved decisions. (ii) the sale ..... in india. the share of cgp is situated outside india. (b) the transaction was consummated outside india; (c) the transaction related to transfer of a share outside india, contracted to be delivered outside india and the transfer of which was registered outside india. htil held its direct equity interest in hel amounting to 42.34% through eight mauritian companies .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-21-2010
..... in confirmity with the era we live. the 15 years period is caused irreparable injury to life related activities developments achievements peace progress prosperity all in all. under any circumstances "contract" which is considered to be used as lethal weapon of attack on life, life related activities developments, achievements peace progress prosperity alround. sustained possession with harm hurt blow bolt : 9 ..... sustainable years. & unsustainable years by law, lease & the petitioner, the govt.lessee on since 3/8/1994.h) in accordance with the provision of the section 46 of the indian contract act, 1872 the engagement ought must be performed within a reasonable time and the such reasonable time ought must be construed in the light of the expressed statutory mandatory duty .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-28-2010
..... the toll experience required was as follows: " i) individual company/ at least one member of consortium shall have experience of operating minimum 20 automated computerized toll lanes under one contract for minimum 1 year. certificate from competent authority not below the rank of executive engineer or equivalent shall only be accepted for this purpose. ii) the turnover and experience of ..... ) the eligibility criteria of toll experience stipulates that at least one member of the consortium must have experience of operating a minimum of twenty automated computarized toll lanes under one contract for at least one year. in october 2008, sms infra while submitting a certificate, during the bidding process, for a six months' toll collection tender for five toll ..... document stipulated as a condition of eligibility that at least one member of the consortium shall have experience of operating a minimum of twenty automated computerized toll lanes under one contract for at least one year. sms infrastructure ltd., the lead member of the petitioners' consortium, had participated earlier in what is described as a 'short tender' of ..... produced a certificate from the hooghly river bridge commissioner in respect of vidyasagar setu toll plaza which showed that there were eighteen lanes involved in the work under the contract. the learned counsel appearing on behalf of msrdc has drawn the attention of the court to the prequalification notice issued by the hoogly river bridge commissioner which was to .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-23-2010
Reported in : 2010(112)BomLR2258
..... parties must refer their dispute to arbitration as per clause 28.0 i.e., the arbitration agreement between them. merely because the contract has come to an end by its termination, the arbitration clause does not get perished nor it becomes inoperative to resolve the dispute.21. in our opinion, the parties are ..... one party to the agreement on the same subject-matter of the agreement and the other party submitted for reference to the arbitration and when a true copy of the contract containing the 'arbitration agreement' is already annexed along with the petition, all the pre-conditions under section 8 of the arbitration and conciliation act, 1996 are satisfied and, therefore, the ..... when disputed questions of the facts and law were involved, the high court should have left the parties to avail the remedy under the arbitration clause that existed in the contract. the apex court observed thus:22. the legal position has undergone a substantial change, having regard to section 5 of the arbitration and conciliation act, 1996 vis-a-vis provisions ..... decided to call for tenders for allotment of the lease, the competent authority by its letters advised the respective petitioners that it has regretted their request for extension of the contract for a further period of two years. thus, the respondents prayed for the dismissal of the petition.10. the learned counsel appearing for the petitioners submitted that the respondents-railway .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-17-2010
..... that wsgi, bcci and the respondent entered into a deed of mutually agreed termination of the earlier rights. the parties agreed to a mutual termination in consideration of new contracts negotiated and to be executed. those were indian sub-continent rights to the respondent-mauritius company and for other world rights to wsgi. accordingly, the respondent makes reference ..... that bcci had duly licensed the global media rights to the defendant-mauritius company with the right to grant sub-license. although the appellant- plaintiff was desirous of securing contract only with bcci rather than becoming a sub-licensee of the defendant-mauritius company, they continued negotiations with the defendants to acquire indian sub- continent media rights relying on ..... the extent to which the judiciary can interfere with the arbitration process. such a provision has been subjected to some controversy and dissent. in hudson's building and engineering contracts, eleventh edition, page 1579, the provision has been criticised in the following terms :-"it would be seen that there has been a widespread movement by influential interests involved ..... particularly clause (4) thereof which reads as under :-"4. unless otherwise agreed, the arbitral tribunal shall not cease to have jurisdiction by reason of any claim that the contract is null and void or allegation that it is non-existent, provided that the arbitral tribunal upholds the validity of the arbitration agreement. the arbitral tribunal shall continue to .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-12-2010
..... clause payable for service rendered in india and the rest period or leave period which is preceded and succeeded by services rendered in india and forms part of the service contract shall be regarded as income earned in india. the supreme court held that given the legislative history of section 9(1)(ii) it was only to be assumed that the .....Tag this Judgment!