Court : Jharkhand
Decided on : Mar-02-2005
Reported in : AIR2006Jhar64; 2005(3)ARBLR182(Jhar); 2005(2)BLJR1084; [2005(2)JCR209(Jhr)]
..... conciliation act, 1996 the petitioner has prayed for appointment of arbitrator in relation to disputes and differences which have arisen between the petitioner and the respondents in connection with the contract for transportation of coal in various collieries.2. the petitioner carried out the work of transportation of coal. it has executed the work of transportation of coal for the collieries ..... under the signature of chief engineer, tvnl inviting tenders for transportation of coal by road from its collieries of ccl. the petitioner submitted its offer which was accepted and a contract was executed. thereafter, a letter of intent dated 16.8.2000 was issued by the chief engineer, tvnl.10. it appears from annexures 1 and 1/1 to the request ..... be deemed to be of the state of jharkhand with effect from such taking over.11. although the letter of intent was issued from the head office at patna and contract was entered into by the authorities of tvnl at patna but the entire work relating to transportation was executed within the state of jharkhand. clause 39 of the ..... contract contains the arbitration clause which reads as follow :'dispute relating to interpretation of condition : in case, any dispute or difference arise between the contractor and the general manager-cum-chief .....Tag this Judgment!
Court : Delhi
Decided on : Aug-25-2005
Reported in : II(2006)BC427
..... in the plaint, but would be entitled to get only a sum of rs. 19.5 lacs on account of principal. in regard to interest, the written contract between the parties does not postulate any payment of another interest. there is no document on record vide which the defendant had agreed to pay interest as claimed ..... for leave to defend filed by defendants 2 and 3. the same are dismissed. in terms of the letter dated 17th november, 2001 which is the written contract between the parties and is the foundation of the suit of the plaintiff under order 37 of the code, the admitted liability is rs. 19.5 lacs ..... this case is of no help to the defendant in as much as the present suit is not based upon the cheques, but is based upon a written contract between the parties wherein defendants had admitted a written liability and had promised to pay the liability, thus the suit is maintainable under the provisions of order 37 ..... along with application for leave to defendant of defendant no. 2 being is 9208/2002. as already noticed, the case of the plaintiff is based upon a written contract which is stated to be dated 17th november, 2001. as per this letter, the matter was discussed between the parties and it was signed by mr. b. ..... @ 24% per annum thus making the total claim of rs. 27,70,832.00. the present suit has been filed on the basis of a written contract between the parties as well as on the basis of the dishonoured cheques and according to the plaintiff, no claim made in the suit is beyond the purview .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-20-2005
Reported in : (2006)1GLR658
..... thus, the proposition of law which clearly emerges is that it is for the parties to decide and agree as to which law would govern the contract in principal and/or the arbitration proceedings. the parties may decide to have different laws applicable to both the cases. where there is no separate ..... . on the other hand, where the proper law of the contract is expressly chosen by the parties (as in the present case), such law must, in the absence of an unmistakable intention to the contrary, govern ..... that the proper law of the contract as well as the law governing the arbitration agreement are the same as the law of the country in which the arbitration is agreed to be held ..... the procedural law governing the conduct of arbitration. such choice is exercised either expressly or by implication. where there is no express choice of law governing contract as a whole, or the arbitration agreement in particular, there is, in the absence of any contrary indication, a presumption that the parties have intended ..... inc., : (2003)9scc79 may be referred to. in para.7, it is observed thus:.in the absence of express choice of the law governing the contract as a whole or the arbitration agreement as such having been exercised by the parties, a presumption may arise that the law of the country where the arbitration .....Tag this Judgment!
Court : Allahabad
Decided on : May-27-2005
Reported in : 2005(3)ESC1612
..... retrospective effect. scheme which provides for final decision for extension of service by first week of may clearly intended that decision for extension of service be taken during subsistence of contract of service and not when incumbent had attained age of superannuation. the precise view taken by the state government in the present case is that as the petitioner had already ..... , there is no scheme for re-employment and the scheme is only in respect to grant of extension. for according extension of service prerequisite condition is subsistence of contract of service, and once contract of service has come to an end by operation of law on account of the incumbent having attained the age of superannuation, then same cannot be permitted to ..... mere nullity and cannot be sustained.'8. testing the facts of the present case on the touchstone of the principles as laid down in the aforementioned judgment that once the contract of service has come to an end, then by no stretch of imagination, any extension can be accorded to the same, here it is clearly reflected that petitioner had attained ..... of the state government itself, the service of the respondent had come to an end on march 31, 1961. the state government could not by unilateral action create a fresh, contract of service of the respondent for a further period; the state government should have issued a notification before march 31, 1961. in r.t. rangachari v. secretary of the state .....Tag this Judgment!
Court : Chennai
Decided on : Jan-05-2005
Reported in : (2005)1MLJ525; 142STC399(Mad)
..... satisfied, there could be no sale in the course of inter-state trade. there must be an evidence that the transportation was occasioned by the contract and as a result goods moved out of the bargain between the parties from one state to another.'18. it is seen from the assessment ..... were satisfied, there could be no sale in the course of inter-state trade. there must be evidence that the transportation was occasioned by the contract and as a result goods moved out of the bargain between the parties from one state to another, as held in the decision reported in ( ..... case, the supreme court has pointed out that the true relationship of the parties in each case has to be gathered from the nature of the contract, its terms and conditions and the terminology used by the parties is not decisive of the legal relationship. as already pointed out, the agreement entered ..... (sri tirumala venkateswara timber and bamboo firm v. commercial tax officer, rajahmundry), that, in law, there is a clear distinction between the contract of sale and contract of agency by which the agent is authorised to sell or buy on behalf of the principal and make over either the sale proceeds or ..... there are other relevant facts and circumstances, besides, the conduct of the parties from which a legitimate inference can be reasonably drawn as to existing contract of sale between the dealer and ultimate buyers in various states, pursuance to the movement of goods commenced from one state to another. the production .....Tag this Judgment!
Court : Guwahati
Decided on : Sep-01-2005
..... the containers and that the containers used to pack the goods, i.e., gunny bags are the cheapest and most convenient mode of packing the goods, no inference of any contract or agreement to sell the containers i.e. gunny bags along with the goods could have drawn by the authorities below. relying on the judgment of the apex court in ..... transaction property in the goods actually passes to the buyer. the apex court also took the view that such a contract of sale may either be express or implied. in a situation where there is no express contract, before such a contract could be inferred the authority concerned must be satisfied by having regard to the fact's and circumstances of the case .....Tag this Judgment!
Court : Delhi
Decided on : Sep-28-2005
Reported in : 2005(3)ARBLR228(Delhi); 124(2005)DLT359; 2005(84)DRJ415
..... the contract as well as the law governing the arbitration agreement are the same as law of the country in which the arbitration is agreed to be held.' this was a decision ..... wherein it was held that 'parties have the freedom to choose the law governing an international commercial arbitration agreement. where there is no express choice of the law governing the contract as a whole, or the arbitration agreement in particular, there is, in the absence of any contrary indication, a presumption that the parties have intended that the proper law of ..... the local limits of whose jurisdiction the goods were entrusted to the carrier. suit was defended by the carriers on the ground inter alias that under the terms of the contract, only bombay courts have jurisdiction to try the suit. supreme court held that since no part of cause of action had arisen at bombay, parties could not confer jurisdiction on .....Tag this Judgment!
Court : Delhi
Decided on : Dec-16-2005
Reported in : 2006(88)DRJ430
..... -conducted on facts and law and his findings are liable to be set aside.22. the respondent has not been able to point the relevant provisions of irs conditions of contract which have been breached and which have not been taken into consideration. regarding findings of facts and law, it is settled that this court will not reverse the findings of ..... on this ground is, therefore, rejected.21. next the respondent has challenged the award on the ground that the arbitrator has not considered the relevant provisions of irs conditions of contract and has mis-conducted in ignoring the counter claim and evidence of the respondent and the award is based on no evidence and the inference drawn are contrary to the ..... of price variation clause and petitioner was asked to give his consent by 1.9.19^2 and it was intimated that on failure of petitioner to give consent, the contract shall be cancelled without further reference. petitioner sent his consent by letter dated 31.8.1992 and yet again by letter dated 7.9.1992 requested for extension of delivery .....Tag this Judgment!
Court : Delhi
Decided on : Nov-24-2005
Reported in : 2006(88)DRJ590
..... the legal representatives of one of the co-owners of the property were not brought on record within the stipulated time in a suit for recovery for specific performance of contract, would not be a sufficient ground for declining condonation of delay and holding that the suit had abated in its entirety. there is apparently no motive or gross negligence on .....Tag this Judgment!
Court : Delhi
Decided on : Nov-18-2005
Reported in : 125(2005)DLT445; 2005(85)DRJ580
..... human need or ministering to the bodily want of human beings. to overcome the difficulties arising from the afore-mentioned decisions and other decisions in relation to taxability of works contract, the parliament enacted the constitution (forty-sixth amendment) act, 1982. the amendment, as is evident from the statement of objects and reasons was intended, inter alia, to widen the scope .....Tag this Judgment!