Court : Kolkata
Decided on : Jun-07-1988
Reported in : 1989(21)LC260(Calcutta),1988(37)ELT14(Cal)
..... government altered his position, is entitled to enforce the promise or the representation against the government, even though the promise or representation is not in the form of a formal contract as required by article 299 and that article does not militate against the applicability of the doctrine of promissory estoppel against the government. the doctrine of promissory estoppel is also ..... -established in the administrative law of india. it represents a principle evolved by equity to avoid injustice and though commonly named promissory estoppel, it is neither in the realm of contract nor in the realm of estoppel. the basis of this doctrine is the inter position of equity which has always, true to its form, stepped into mitigate the rigour of ..... not disputed. what the petitioner wanted to urge was that the said notifications was valid and binding in respect of all persons exception those like the petitioner, who entered into contracts on date earlier than the date of the particular notifications on the basis of representations and/or promises contained therein. this is quite logical. the rate of customs duty may ..... , 1982, is factually incorrect even according to the documents annexed to the petition. the submissions made on behalf of the petitioners is that the petitioner no. 1 entered into the contract relying on the representation that the said duty of customs as per the notification dated 14th december, 1982 would be payable, when the goods would be ultimately imported into india .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Oct-10-1988
Reported in : (1990)(46)ELT190TriDel
..... customs act, 1962 and he stated that both the companies were their family concerns and in respect of the goods imported in container no.sriu 4167010 and sriu 1226252, the contract for the import was signed by him with m/s. walbrad wool trading co. ltd., bradford (u.k.) and the goods were shipped through their agents m/s. shakti international ..... section 37 of the sale of goods act "where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or may reject the whole". shri harbans singh, the learned advocate, has argued .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-29-1988
morrison v. olson - 487 u.s. 654 (1988) u.s. supreme court morrison v. olson, 487 u.s. 654 (1988) morrison v. olson no. 87-1279 argued april 26, 1988 decided june 29, 1988 487 u.s. 654 appeal from the united states court of appeals for the district of columbia circuit syllabus this case presents the question of the constitutionality of the independent counsel provisions of the ethics in government act of 1978 (act). it arose when the house judiciary committee began an investigation into the justice department's role in a controversy between the house and the environmental protection agency (epa) with regard to the agency's limited production of certain documents that had been subpoenaed during an earlier house investigation. the judiciary committee's report suggested that an official of the attorney general's office (appellee olson) had given false testimony during the earlier epa investigation, and that two other officials of that office (appellees schmults and dinkins) had obstructed the epa investigation by wrongfully withholding certain documents. a copy of the report was forwarded to the attorney general with a request, pursuant to the act, that he seek appointment of an independent counsel to investigate the allegations against appellees. ultimately, pursuant to the act's provisions, the special division (a special court created by the act) appointed appellant as independent counsel with respect to olson only, and gave her jurisdiction to investigate whether olson's .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-31-1988
..... protect by precluding importation of the aspirin by third party under same trademark). [ footnote 2/4 ] see also id. at 11604 (describing 526 as "a prohibition against the violation of . . . contract"; "in a thousand ways, we have guarded against fraud, and this [is] one among the thousand") (remarks of sen. mccumber). it is conceivable, as the court of appeals suggested, that .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-25-1988
..... competitive service employees only by virtue of an executive order. see n. 3, supra. it addresses nonpreference eligible excepted service employees only limitedly, and then only to expand, not to contract, the remedies available to them. chapter 23 of the act extends limited protection against prohibited practices (such as retaliatory discharges and discrimination) to nonpreference eligibles in the excepted service, and ..... upon any claim against the united states founded either upon the constitution, or any act of congress or any regulation of an executive department, or upon any express or implied contract with the united states, or for liquidated or unliquidated damages in cases not sounding in tort." the back pay act, 5 u.s.c. 5596(b), provides in pertinent part .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-11-1988
Reported in : 1992(2)ALT24
..... to award such compensation as it deems reasonable having regard to all the circumstances of the case. jurisdiction of the court to award damages in case of breach of contract is unqualified except as to the maximum stipulated; but compensation has to be reasonable, and that imposes upon the court duty to award compensation according to settled principles. ..... forest contractor or his authorised agent and after taking the explanation if any tendered within the time specified into consideration, the divisional forest officer may;(1)(a) terminate the contract and simultaneously forfeit (in favour of the government) all the sums paid as sale amount or otherwise and in addition levy compensation for the damage caused by breach; ..... in section 23 of the indian contract act. it is contended that such arbitrary clause also offends the right to justness and rightness as enshrined under article 14 of the constitution. in support thereof, he placed ..... thereof, the writ petition has been filed.2. the contention of sri t. dhanurbhanudu, the learned counsel for the petitioners is that the petitioners though having entered into statutory contracts, they have an unequal bargaining power, and hence the respondents cannot impose any unreasonable conditions in a unilateral way as such ostensibly, unilateral terms offend the public policy enshrined .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-16-1988
Reported in : 1990ACJ310
..... and, by agreement between the consignor and the carrier, the carrier may be liable to the consignor. further, if the consignor has made a special contract with the carrier for the carriage of goods, or if the consignor has delivered them to the carrier as agent for the consignee, the consignee is ..... one is restricting the liability of the common carrier and other is disabling the common carrier in absolving itself from negligence or misconduct by entering into a contract. the carriers act, 1865 is framed on the same lines of english carriers act, 1830 and as held by lord macnaughten in irravaddy flotilla co. ..... acts of 1878 and 1890), and that notwithstanding some general expressions in the chapter on bailments, a common carrier's responsibility is not within the indian contract act, 1872. 14. that is why a recently pronounced judgment in british india steam navigation co. ltd. v. t.p sokkallal ram salt air 1953 ..... court below but the debate proceeded on the question whether the suit is maintainable at the instance of the plaintiffs as there is no privity of contract between them and the carrier.7. on the first question learned counsel for the plaintiffs laid stress under section 19 of the sale of goods ..... negligence of the carrier raised the question that the suit is not maintainable at the instance of the plaintiffs with whom there is no privity of contract by the carrier. he amplified his submission stating that under section 8 of the act, the owner alone is entitled to sue for the loss .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-23-1988
Reported in : AIR1989All109
..... of mandatory character, will have to be complied with. if some statutory provision which covers a stage i earlier to the conclusion of the contract is breached, a petition under article 226 may be maintainable to compel the authorities to conform to the statutory requirements.21. for the above ..... standing counsel. on the basis of these authorities he has submitted that a petition under article 226 can be maintained even where no concluded contract has come into existence. he points out that the principle of promissory estoppel has been accepted by the courts in respect of contractual matters ..... existence. in paragraph 23 it is observed that an auction for grant of licence to sell liquor' is not an ordinary auction where binding contract could be deemed to be concluded at the fall of hammer, creating mutually enforceable obligations. those were only so-called auctions adopted as means ..... to the legal question which necessitated reference to the full bench.9. the argument of the learned counsel for the state is that no concluded contract came into existence by the provisional acceptance of the petitioners' bid by the collector and, therefore, the petitioners have no locus standi to ..... to vacate the same. accordingly the interim order continued.4. it appears from the order of the excise commissioner that for the purposes of excise contract the district had been divided into sectors (kshettras). there is reference to three sectors in the order. the dispute in the present petition pertains .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-28-1988
Reported in : AIR1989SC285; 1988(38)ELT733(SC); 1988(2)SCALE1313; (1989)1SCC335; Supp3SCR657; 72STC368(SC); 1989(1)LC27(SC)
..... taxable to duty, not only the property in the goods should pass from the contractor to the government, or the appellant in this case but there should be an independent contract-separate and distinct- apart from mere passing of the property where a party purchases or procures goods from the government. mere passing of property from the contractor to the government ..... rejecting the book results, the income-tax officer sought to estimate the profits of the appellant at a percentage of the net cash payments received by the appellants against the contracts as well as the cost of the materials supplied by the government. the appellate tribunal, however, held that the cost of the materials supplied by the government could not be ..... at the fixed rates specified in the respective contract. such materials, though in the custody of the appellant, remained the property of the government and any surplus had to be returned to the government, and the government was to ..... : 115itr524(sc) , the question arose in the context of income tax. the appellant therein, a registered firm, was a military engineering services contractor carrying on the business of executing contracts and works on behalf of the government. for the execution of the works undertaken by the appellant, certain materials, such as cement, coal, steel etc. were supplied by the government .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Dec-22-1988
..... observed by a division bench of that court that where a statutory provision laid down a rule of public policy, neither party to an agreement can contract out of it. it relied upon the dictum of their lordships of the privy council in equitable life assurance society of the united states v. reed ..... the question of public policy again. in paragraph 93 of the report, it observed, inter alia, that (at page 859 of 60 comp cas) :'the indian contract act does not define the expression 'public policy' or 'opposed to public policy'. from the very nature of things, the expressions 'public policy', 'opposed to public ..... horse', etc.; the primary duty of a court of law is to enforce a promise which the parties have made and to uphold the sanctity of contracts which form the basis of society, but in certain cases, the court may relieve them of their duty on a rule founded on what is called ..... subba rao j., in some detail in paragraphs 21 to 23 of the report. after referring to a number of text books on the law of contract halsbury's laws of england and several decisions of the english and indian courts, the doctrine of public policy was summarised thus (at page 795) :'... ..... an earlier case, ruled that a public servant whose salary was exempt from attachment under section 60(1), civil procedure code, could not contract himself out of the statutory provision because such a contract was opposed to public policy. likewise, in associated cement companies ltd. v. state of rajasthan, air 1981 raj 133, it .....Tag this Judgment!