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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: jharkhand Year: 2015 Page 1 of about 46 results (0.010 seconds)

Jan 08 2015 (HC)

Hindustan Steelworks Construction Ltd Thr Its Unit Head Projects Sri K ...

Court : Jharkhand

Decided on : Jan-08-2015

..... the extraordinary jurisdiction of the high court under article 226. the existence of an effective alternative remedy in this case, provided in the contract itself is a good ground for the court to 8 decline to exercise its extraordinary jurisdiction under article 226. the said article was not ..... the legal representative of the deceased proprietor or the other surviving partners of the partnership concern are capable of carrying out an completing the contract. the decision of the company in this respect shall be final and binding which is to be intimated in writing to the legal representative ..... forfeited and brought under the absolute disposal of the company provided, that the amount so forfeited shall not exceed 10% of the contract value. 9.1 the contract shall stand terminated under the following circumstances: a. if the contractor being an individual in the case of proprietary concern or ..... meter. termination order dated 06.06.2014 does not suffer from irregularity or infirmity. since the petitioner failed to perform the work under the contract even after extension of time, the agreement was terminated. sufficient opportunity was granted to the petitioner vide letters dated 20.03.2014, 08.04 ..... this court. 3. a counter affidavit has been filed stating that, since the petitioner failed to discharge its obligation under the agreement, the contract was terminated vide order dated 06.06.2014. the petitioner itself admitted that it has removed and transported about 8.20 lacs cubic meter of .....

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Feb 06 2015 (HC)

Pranab Kumar Vs. State of Jharkhand and Anr.

Court : Jharkhand

Decided on : Feb-06-2015

..... defendant be passed and the same be paid to the plaintiff along with interest permissible at the bank rate in 1998. the suit for specific performance of contract was filed immediately after the institution of the criminal case. as has been discussed earlier, the ingredients for 3. constituting the offence punishable u/s 406 ..... consideration amount which according to the learned for the opposite party no. 2 shows the bona fide of the complainant in performing his part of the contract. he has further submitted that the suit, which has been filed by the complainant, has still not been admitted for non-filing of the court ..... also alleged therein that even after insistence by the complainant for execution of the deed of sale, the petitioner did not perform his part of the contract and ultimately a legal notice was sent on 8.4.1999, but of no avail. it has further been alleged that the petitioner with a mala ..... cr.p.c. can exercise its inherent powers. in the complaint case, the complainant has categorically stated about the non-performance of the contract on the part of the petitioner for which the complainant had already instituted a case in which prayer (a) was:- (a) a decree for specific performance ..... of contract under annexure-1 (agreement dated 25.10.98) with respect to property in suit be passed and defendant be directed to execute and register the .....

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Feb 06 2015 (HC)

Smt. Lilawati Devi Vs. State of Jharkhand and Anr.

Court : Jharkhand

Decided on : Feb-06-2015

..... petitioner is with respect to breach of the terms and conditions of the agreement for which proper recourse for the complainant was to file a suit for specific performance of contract. the complainant instead of seeking appropriate remedy before the civil court has instituted the present complaint case and in absence of any criminal intent on the part of the petitioner ..... dishonest inducement on the part of the respondents and thereby the respondents parted with the property. it is trite law and common sense that an honest man entering into a contract is deemed to represent that he has the present intention of carrying it out but if, having accepted the pecuniary advantage involved in the transaction, he fails to pay his .....

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Feb 21 2015 (HC)

Anand Traders Through Its Proprietor Anand Kumar Vs. The State of Jhar ...

Court : Jharkhand

Decided on : Feb-21-2015

..... india. the scheme under which the retail outlet dealership was awarded is intended at extending benefits to poorer and weaker section of the society and therefore, every breach of the contract cannot be taken as ground for cancelling the benefit extended to the awardee. as noticed above, there is no allegation of adulteration or any other serious irregularity committed by the .....

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Mar 12 2015 (HC)

Satya Binaik Alias Satya Banaik Vs. The State of Jharkhand and Anr

Court : Jharkhand

Decided on : Mar-12-2015

..... offence is not permissible in the eye of law. the complainant-opposite party no. 2 has already initiated a title suit for specific performance of contract and the allegation in the complaint petition also reveals that the complainant-opposite party no. 2 has rightly opted for the only forum available to him ..... the penal code is existence of an (sic fraudulent or dishonest) intention of making initial promise or existence thereof from the very beginning of formation of contract.23. section 482 of the code of criminal procedure saves the inherent power of the court. it serves a salutary purpose viz. a person should ..... was held as follows:- 21. there exists a distinction between pure contractual dispute of a civil nature and an offence of cheating. although breach of contract per se would not come in the way of initiation of a criminal proceeding, there cannot be any doubt whatsoever that in the absence of the ..... favour of the complainant-opposite party no.2. therefore, prior to lodgment of the complaint case the entire issue revolved around non-performance of the contract on the part of the petitioner which can be clearly deduced from the title suit as well as from the legal notice issued on behalf of ..... clearly shows that there was an intention on the part of the petitioner never to execute the sale deed or to complete her part of the contract. the deception or cheating is also made out from the averments made by the petitioner in paragraph 8 of the application under section 482 inasmuch .....

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Mar 13 2015 (HC)

Smt Dipti Dey Vs. The Union of India Through General Manager South Eas ...

Court : Jharkhand

Decided on : Mar-13-2015

..... fixation of license fee. thereafter, the petitioner filed representation before the railway authorities and without giving any heed to the representation of the petitioner, the petitioner was intimated that her contract has been terminated and she has been directed to vacate the catering unit, as per annexure 7 to the writ application. it has been averred in the writ application that ..... asked to deposit the same, which has been enhanced and determined without following the due process. petitioner has further prayed for quashing letter dated 19.11.2013 (annexure7) whereby the contract of the petitioner has been terminated and for 2 quashing of the formula for fixation of license fee for the catering units under the catering policy, 2010 issued vide commercial .....

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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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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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May 19 2015 (HC)

Vikash Kumar Gupta Vs. Revenue Department

Court : Jharkhand

Decided on : May-19-2015

..... 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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