Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: jharkhand Year: 2015 Page 1 of about 46 results (0.011 seconds)

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

Oct 07 2015 (HC)

Sll Sml Joint Venture Consortium Through Its Authorized Signatory Name ...

Court : Jharkhand

Decided on : Oct-07-2015

..... . but on examining the facts and circumstances of the present case and on opinion that none of the criteria has been satisfied justifying court's interference in the grant of contract in favour of the appellant ..... 9. the learned senior counsel for the petitioners next contended that since there was no format of bank guarantee given in the e tender ..... law, particularly when there has been no allegation of malice or ulterior motive and particularly when the court has not found any mala fides or favouritism in the grant of contract in favour of the appellant......... 10. therefore, though the principle of judicial review cannot be denied so far as exercise of contractual powers of government bodies are concerned, but it ..... the tender which has not specifically been provided in the tender document, may lead to arbitrariness. the contention that submission of bank guarantee is not an essential condition of the contract, is liable to be rejected. in central bank of india ltd., amritsar vs. hartford fire insurance co. ltd. air 1965 sc 1288, the hon'ble supreme court observed that, ..... (bengaluru) 560064 petitioners versus 1. central coalfields limited, through its chairman cum managing director, darbhanga house, p.o. court post office, p.s. kotwali, town ranchi 834001 2. general manager, contract management cell (cmc), central coalfields limited, darbhanga house, p.o. court post office, p.s. kotwali, town ranchi 834001 3. m/s mjunction services ltd., through its managing director, having .....

Tag this Judgment!

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 .....

Tag this Judgment!

Sep 04 2015 (HC)

Sanjay Kumar and Ors Vs. State of Jharkhand and Ors

Court : Jharkhand

Decided on : Sep-04-2015

..... paragraph 38, wherein same ratio was reiterated which reads as follows:- 38. although ordinarily a superior court in exercise of its writ jurisdiction would not enforce the terms of a contract qua contract, it is trite that when an action of the state is arbitrary or discriminatory and, thus, violative of article 14 of the constitution of india, a writ petition would ..... and para 53, as follows: 23. it is clear from the above observations of this court, once the state or an instrumentality of the state is a party of the contract, it has an obligation in law to act fairly, justly and reasonably which is the requirement of article 14 of the constitution of india........ 53. from the above, it is ..... ) issued from the principal secretary, rural development department, ranchi, the post of accredited engineers under nrega has not been sanctioned as yet. in fact, sanctioned posts relates for appointment of contract basis under nrega and for this contractual appointment, commissioner, s.p. division, dumka is authorized from rural development department, 6 ranchi. learned counsel for the respondents has dexterously submitted that .....

Tag this Judgment!

Sep 03 2015 (HC)

Dewanand Nayak Vs. State of Jharkhand

Court : Jharkhand

Decided on : Sep-03-2015

..... /-, as due and admissible, within a period of four weeks from the date of receipt/production of copy of this order.9. so far as prayer regarding regularization of the contract of the petitioner is concerned, i find no force in the submission of learned counsel for the petitioner hence, the same is denied. however, in future, if any vacancy arises ..... petitioner was sent for five days training at block level, as per order of d.s.e. it has further been submitted that after getting the training, the petitioner's contract, as a para teacher, was extended till september, 2007, vide annexure 3 to the writ application. learned counsel further submitted that the petitioner has rendered his services as para teacher ..... with interest to the petitioner from january, 2006 to june, 2007 i.e. from the date of his appointment on the post of para teacher and further regularization of the contract of the petitioner, as the same has been ended without following due process of law and without giving any opportunity of hearing to the petitioner.2. heard mr. pramod kumar .....

Tag this Judgment!

Aug 14 2015 (HC)

Chandra Sekhar Banerjee and Anr Vs. Ms Bharat Coking Coal Limited and ...

Court : Jharkhand

Decided on : Aug-14-2015

..... the contractor has the capacity and the resources to successfully execute the work; and (e) 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. 12. keeping in view the aforesaid ..... hand, sri indrajit sinha, learned counsel for the respondents submits that it is well settled that in the matter of formulating of condition of a tender document and awarding a contract, the greater latitude is required to be given to the state authority, unless the action of tendering authority is found to be malicious and misuse of its statutory power. ..... of bccl) floated by m/s bharat coking coal ltd., dhanbad (meant for the purpose of supply of mine slope stability monitoring radar with installation, commissioning and comprehensive annual maintenance contract (camc) for 5 years with spares & consumables after warranty period. qty-2 sets). wherein the technical specification only allows participation of real aperture radar (rar) and eliminates completely newer/ ..... such action of the executive as is proved to be arbitrary or unreasonable. if the government acts in conformity with certain healthy standards and norms such as awarding of contracts by inviting tenders, in those circumstances, the interference by courts is very limited; (c) in the matter of formulating conditions of a tender document and awarding a .....

Tag this Judgment!

Jul 31 2015 (HC)

Mahesh Kumar Vs. State Bank of India and Ors.

Court : Jharkhand

Decided on : Jul-31-2015

..... paragraph 38 has held as under: 38. although ordinarily a superior court in exercise of its writ jurisdiction would not enforce the terms of a contract qua contract, it is trite that when an action of the state if arbitrary or discriminatory and, thus, violative of article 14 of the constitution of ..... of representation vide annexure-13 to the writ applications are quashed and the respondents are directed to pay the salary till the completion of contract period and respondents are further directed to consider the case of the petitioners afresh on the post of customer relationship executive (personal banking) ..... further, for this rule, bank s service shall mean continuous service in the bank including the period of service completed by renewal(s) of contract. the decision in this respect would be taken by the appointing authority on the recommendations of the departmental head under whom cre(pb)/cre(pb) ..... 17.08.2007. the petitioners were appointed as customer relationship executive on contract basis for a period of two years vide memo dated 20.08.2007, which is evident from annexure-4 to the writ applications. it ..... all the requisite qualifications were issued appointment letter vide annexure-3 to the writ application on the post of customer relationship executive (pb) on contract basis and they were directed to return the duplicate copy of offer letter duly signed by the petitioners, in token of acceptance of offer by .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //