Court : Chennai
Decided on : Jul-29-1991
Reported in : (1991)2MLJ211
..... the ouster clause in the present case indicated that the parties contemplated that if any suit would have to be filed in connection with the contracts, that should be filed in an appropriate court at gorakhpur and that that clause would have nothing to do with the arbitration proceeding cannot ..... has the competence to entertain an application under section 14(2) of the act. no doubt parties have agreed under the general conditions of contract that the venue of arbitration shall be at madras. the parties select the venue of arbitration only to suit their 'convenience'. merely because the ..... tenders, the civil court having ordinary original civil jurisdiction over neyveli shall alone have exclusive jurisdiction in regard to all claims in respect of this contract of whatever nature.11. in order to determine which is the court having jurisdiction in the matter, one should first of all ascertain what ..... .the civil court having ordinary original civil jurisdiction over neyveli shall alone have exclusive jurisdiction in regard to all claims in respect of this contract of whatever nature.7. the above clause in my opinion will go to show that the parties having agreed and restricted to the form ..... large diameter pipes for their circulating water system group c for second thermal power station at neyveli. clause 84 of the general conditions of contract provides for arbitration which reads as follows:any dispute or difference at any time arising between the parties as to the construction, meaning or .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Feb-13-1991
Reported in : (1991)(56)ELT221TriDel
..... payment or any agreement with midrex. during the course of arguments the learned advocate submitted that under article 12 of the said agreement if any individual provision under the contract became invalid or inoperational the validity of the remaining provisions stood unaffected. the learned advocate's contention was that in view of article 12 the payment of licence fee ..... his rejoinder submitted that re-engineering for adoption to indian conditions was includible. referring to the two agreements with voest alpine and midrex the learned representative submitted that these contracts are for expenses incurred by buyer.finally shri prabhat kumar submitted that an overall view should be taken and if rule 9(1)(b)(iv) does not cover, the ..... for sponge iron plant based on midrex process. m/s. howard & finlay india ltd. were contracted for locating suppliers for equipments and spare parts and for evolving a maintenance policy for sponge iron plant at hazira. m/s. midrex international (midrex for short) were the ..... the relocation of the plant at hazira in india. for this purpose they entered into various agreements. m/s. larsen & toubro ltd. (l & t ltd. for short) were contracted for dismantling, matchmarking, packing and transportation. m/s. voest alpine, stated to be a government of austria undertaking, were to be the technical collaborators being construction licences of midrex corporation .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Cochin
Decided on : Dec-13-1991
Reported in : (1992)40ITD37(Coch.)
..... systems, inclined pressure shafts etc. the argument that impressed the learned judicial member was that the extra work enumerated by him in his order was not included in the original contract but according to the learned accountant member the copy of the original tender was never filed nor the copy of the original agreement to substantiate this claim. he, therefore, ..... are such independent items: steel supports were manufactured as they are required for supporting the roofs of the power house and butterfly valve chambers. according to him under the original contract, the assessee was required to undertake only the construction of underground power house. during excavation, it was found that the entire rock strata was highly jointed and sheared which ..... the argument notes filed by the assessee it was mentioned as under: as may be seen from the details furnished separately (few items from 3 or 4 sites only), the contracts consist mainly of supply of certain finished articles such as piles, fabricated girders, fabricated steel supports etc. for which payments are made separately. for manufacturing the above items no ..... deduction under section 35b. the cit(appeals) rejected the contention of the assessee mainly on two grounds, viz., (1) that the expenses incurred in the course of executing the contract work cannot be considered as an expenditure incurred in the course of an export activity and (2) the assessee who is constructing certain tunnels, buildings, plants etc., cannot be considered .....Tag this Judgment!
Court : US Supreme Court
Decided on : Oct-16-1991
..... a contrary holding there would be "'[t]he possibility that individual contract terms might have different meanings under state and federal law [which] would inevitably exert a disruptive influence upon both the negotiation and administration of collective agreements.'" id., at ..... grievance and arbitration machinery, are to a large degree inevitably intertwined with union interests and many times precipitate grave questions concerning the interpretation and enforceability of the collective bargaining contract on which they are based." 371 u. s., at 200. in concluding that the employee's suit was one provided for by 301, we observed that under ..... conclude that the enforcement of the terms of union constitutions would contribute to labor stability, and that 301 should be enacted to provide "federal jurisdiction for enforcement of contracts made by labor organizations to counteract jurisdictional defects in many state courts that made it difficult or impossible to bring suits against labor organizations by reason of their status ..... on the charges. later, petitioner alleges, the union discriminated against him in job referrals in the operation of a hiring hall provided for in local 71's collective-bargaining contracts with electrical contractors. petitioner brought suit against *steven r. shapiro, john a. powell, and helen hershkoff filed a brief for the association for union democracy et al. .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-19-1991
..... of the labor-management reporting and disclosure act of 1959 (lmrda), 29 u.s.c. 411 et seq., breach of fiduciary duty in violation of the lmrda, and breach of contract. see app. 47-56. the district court granted summary judgment for petitioners on all counts, id. at 72-77, but respondents appealed only on the first two counts, see 886 ..... the duty is governed by a double standard. indeed, we have repeatedly noted that the vaca v. sipes standard applies to "challenges leveled not only at a union's contract administration and enforcement efforts but at its negotiation activities as well." communications workers v. beck, 487 u. s. 735 , 487 u. s. 743 (1988) (internal citation omitted); see also electrical ..... u. s. 190 (1967) -- that a union breaches its duty of fair representation if its actions are either "arbitrary, discriminatory, or in bad faith" -- applies to all union activity, including contract negotiation. we further hold that a union's actions are arbitrary only if, in light of the factual and legal landscape at the time of the union's actions, the ..... 499 u. s. 77 the union correctly points out, however, that virtually all of those cases can be distinguished because they involved contract administration or enforcement, rather than contract negotiation. alpa argues that the policy against substantive review of contract terms applies directly only in the negotiation area. although this is a possible basis for distinction, none of our opinions has suggested that .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-01-1991
..... , 390 u.s. at 390 u. s. 767 . what the agency has acknowledged is that automatic collection of prices up to the ceiling under the escalator clauses common to industry contracts would produce "inappropriate" market distortion, especially since the market price remains below the ceiling. reply brief for petitioner in no. 89-1453, p. 12. in consequence, the commission instituted the ..... -case adjudication. 15 u.s.c. 717f(b). finally, the commission rejected suggestions that it undertake completely to resolve the issue of take-or-pay provisions in certain natural gas contracts in the same proceeding in which it addressed old gas pricing. [ footnote 3 ] the commission explained that it was already addressing the take-or-pay problem in its order 436 ..... 's chief rationale for the gfn process was a fear that automatic collection of the new price by producers would lead to market disruption, given the existence of numerous gas contracts containing indefinite price-escalation clauses tied to whatever ceiling the agency established. 51 fed.reg. at 22204. the commission further concluded that nga 7(b), which establishes a "due hearing ..... be "just and reasonable." 15 u.s.c. 717c(a). section 5(a) further provided that the commission order a "just and reasonable rate, charge, classification, rule, regulation, practice, or contract" connected with the sale or transportation of gas whenever it determined that any of these standards or actions were "unjust" or "unreasonable." 15 u.s.c. 717d(a). over the .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-26-1991
Reported in : 83STC356(Kar)
..... observed, on the basis of the facts found by the commercial tax officer, that the movement of goods from hyderabad to stations outside the state was an incident of the contract incorporated in the orders placed by the customers with the branch offices and, therefore, the transactions attracted levy of central sales tax. 23. in this context it also becomes necessary ..... manufactured by the tata engineering and locomotive co. ltd., should be delivered at places outside the state of bihar. such supply was made in accordance with the terms of the contract between the parties. the supreme court applied the principles enunciated in the three decisions rendered earlier in (page 149) : ben gorm nilgiri plantations co. v. sales tax officer : 7scr706 ..... have effected import of cement from foreign countries and obtained delivery thereof at mangalore port. it is seen from the despatch sheets maintained by you that you have entered into contract with various consumers and dealers of kerala state for supply of cement. to comply with these orders you have effected import of cement from foreign countries and taken delivery of ..... its customers in kerala. these sales constituted inter-state sales, according to the department, and the movement of cement from mangalore to various places in kerala state was pursuant to contract entered into by the petitioner with its customers in order to fulfil the prior orders. it was, therefore, proposed to subject the said inter-state sales to tax under the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-31-1991
Reported in : 1992(1)ALT100
..... discussed above can be said to lay down the law that in spite of full and final settlement of the claim, the arbitration clause in the contract may subsist where the party invoking it alleges that in fact there was no accord and satisfaction for some reasons such as the final bill was ..... the final bill was paid on 5-6-1984 to the contractor who made an endorsement to the following effect:'accepted in full and final settlement to the contract.'these facts are not in dispute.11. the revision petitioner strongly relies upon a decision reported in union of india v. ajit mehta & associates, : ..... materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same whether ..... , andhra pradesh. the respondent by his letter dated 18-3-1980 tendered for the said work which was accepted. the total value of the said contract was rs. 3,0030,050-00. admittedly the work was completed in all respects by 15-3-1984 and handed over the reach duly fulfilling the ..... ) to what relief?4. point no. 1:- most of the facts which are not in dispute in both the matters are the following:5. manager, contract services, national thermal power corporation limited, new delhi called for tenders for the work of 'civil works for c.w. system part-ii construction of earth .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-25-1991
Reported in : 1993ACJ317
..... to the buyer.the aforesaid provisions in sub-sections (1) and (2) expressly declare that the property in the goods transferred passes at such time as the parties to the contract intend it to be transferred. in the case before us the aforesaid relevant portion of the documents of transfer coupled with the testimony of the parties clearly show that the ..... )10. the provisions of section 19 of the sale of goods act govern the question of ownership of the vehicle which reads as under:19 (1) where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the ..... it to be transferred.(2) for the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case.(3) unless a different intention appears, the rules contained in sections 20 to 24 are rules for ascertaining the .....Tag this Judgment!
Court : Orissa
Decided on : Mar-13-1991
Reported in : 1991(I)OLR433
..... is open to an insurer to satisfy that insurance is intended to be effective from a particular time of a particular date and what would be effect of such a contract would depend on several factors, with which the present dispute has no nexus. in the instant case, it is not brought on record that policy was intended to be operative ..... v. life insurance corporation of india ; where material facts where suppressed the policy is vitiated and there can be no right to be indemnified. as indicated above, it is a contract and obviously becomes operative from the time of its execu- tion. instrument of agreement has to be read as a whole and that is true rule of construction. a look ..... as ext. a/2 as well as cover-note in both of which effective date of insurance was indicated to be 11-1-1986.3. insurance is a contract between the person who desired to be insured and the insurer, and such contract is 'uberrima fides' founded upon utmost good faith, and the doctrine of 'caveat umptor' has no place in insurance ..... contract. non disclosure of a material factor is regarded as fatal to the validity of the contract. a legal obligation is cast upon the party proposing the insurance to communicate all material facts of which he had actual knowledge, as well as of those .....Tag this Judgment!