Court : Appellate Tribunal for Electricity APTEL
Decided on : Nov-19-2010
..... to time. 32. thus this clause of the above regulations provide that the open access user shall ensure that their actual demand or actual power output does not exceed the contracted maximum demand or allocated capacity for the inter-connection and for carrying out balancing and settlement of energy and demand as per the balancing and settlement code. the licensee shall ..... clause 7.2, shall make reasonable endeavour to ensure that their actual demands or actual sent out capacity, as the case may be, at an interconnection does not exceed the contracted maximum demand or allocated sent out capacity for that inter-connection. provided that for carrying out balancing and settlement of energy and demand at all entry and exit points relating ..... be deemed to have been drawn by the scheduled consumer from the distribution company and the energy corresponding to such shortfall shall be paid for by the party who has contracted for the open access capacity with the distribution company. ( c) in the present case, the appellant-1 entered into a long-term open access agreement with respondent-1 and respondent ..... 2005, of andhra pradesh state commission (terms and conditions of open access to intra-state transmission and distribution network) regulations, 2005. under the said agreement, the 1st appellant has a contracted capacity of 26 mw for transmission and wheeling of the electricity from its power plant to its captive user namely, the 2nd appellant herein. 7. the 2nd appellant zuari cement .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : May-21-2010
..... of a tax liability. what binds the parties is the terms of the contract. if no adc is payable in respect of phones used for fixed services, 6.4.6 also would not be applicable in regard thereto. natural justice ..... of the nature of clause 6.4.6 of the interconnect agreement in our opinion cannot be enlarged. purpose for which it was inserted in the contract was to check evasion of payment of adc. it cannot be equated with a case where a statutory provision has been laid down to check evasion ..... unreasonable, inequitable and without jurisdiction being contrary to or inconsistent with the trai regulations. such interpretation would also violate the provisions of section 23 of the indian contract act, being unconscionable and inequitable and in any event would fall foul of section 74 thereof. 10. by reason of such demand, the respondent can not ..... to be reasonable. when a provision in the contract provides for a reasonable pre-determined amount of damage or the mode and manner in which the amount of damage may be possible to be ascertained ..... of law would construe a contractual provision in such a manner which would confer benefit to one party to the contract unduly. damages in terms of sections 73 and 74 of the india contract act may be either actual or pre-determined. in both the cases, the amount of damages claimed must be found .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Aug-05-2010
..... proposition made by the learned counsel is, therefore, unworkable under the contracts referred to by him, nor is it in accord with the provisions of section 14(1) of the act. it is in this scenario that we have rejected ..... rate of export duty changes midway in the particular year, how could the contracting parties incorporate the duty element in fob price at the commencement of the year in respect of goods sold after such change of rate of duty? the above ..... and further that the seller and the buyer would be liable to pay all the levies by the governments of their respective countries. in other words, the contract did not permit the incidence of such levy (e.g. export duty) in any of the countries to pass on to the other country. this aspect of ..... meant to be in operation from year to year. to say that the fob price agreed between the parties is cum-duty price would mean that the contracting parties were aware of the rate of export duty for the goods exported in a given calendar year, at the very commencement of the year. if the ..... the contract, in our view, is in keeping with the legal principle embodied in section 14 of the customs act, which provides that the transaction value of export goods, .....Tag this Judgment!
Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on : Oct-28-2010
..... the tender submitted by the 1st opposite party, abdul rehman. it is on acceptance of the aforesaid tender the complainant and the 1st opposite party entered into ext.p1 contract dated:22/3/1997 for constructing commercial building complex. ext.p1 agreement would make it clear that the complainant and 1st opposite party entered into the said agreement incorporating the ..... construction of commercial complex. the 1st opposite party also submitted tender. the tender submitted by the 1st opposite party was accepted. after negotiations, finally the contract work was awarded to the 1st opposite party. tender documents are with the complainant. the 1st opposite party had not executed many works as contractor. it is not true to ..... . the payment for increased price was not honoured. in the circumstances, the opposite parties were compelled to stop the work with notice. time was not the essence of the contract due to variance in design. opposite parties were employed in the middle east. they are not engaged in the construction business. complainant and his father invited bids for carrying out ..... defects in the design. execution of work was delayed due to the defects in design and site conditions. defects in design also caused additional extra works. there was variance in contract, design and execution. the 3 engineers who were assisting the complainant for execution of the work had never co-operated. the complainants father was supervising the work. there was .....Tag this Judgment!
Court : Authority for Advance Rulings
Decided on : Mar-22-2010
..... 7(1) of the treaty? 2. thus, two types of transactions are referred to in the application: the first category is profits earned/losses incurred from transactions in future contracts and option contracts traded on the stock exchanges. the second category is a proposed transaction, viz., the purchase and sale of shares and futures that are carried on as a part of ..... to. it has been brought to our notice that pursuant to the notice issued by the department under section 133(6) of the act, the particulars relating to derivatives contracts were placed before the income tax authority. the basic facts referred to above have not been controverted. it is pointed out that the applicant has furnished all the material particulars ..... in relation to the proposed dealings in equity shares and other securities to be carried out in future. 3.1 it is explained in the application that ??derivatives are financial contracts which derive their value from the price of underlying instruments such as equity shares, treasury bills, commodities, foreign exchange etc. there are two types of exchange traded derivatives ?? futures ..... the applicant has raised the following three questions in this application for advance ruling under section 245q (1) of it act, 1961: 1. whether the profits/losses from futures and options contracts (derivative transactions) carried out on the indian stock exchanges are in the nature of ??business income ? in the hands of the applicant under the provisions of the act read with .....Tag this Judgment!
Court : Sri Lanka Supreme Court
Decided on : Mar-11-2010
..... unjustly enriched himself by accepting wages from the appellant company whilst taking employment elsewhere. as mentioned previously wages are a natural right of the worker that flows from the contract of employment. the employer may in certain circumstances (as adverted to previously) decide not to provide work to the worker and prohibit him from attending to work. yet ..... measure pending inquiry to facilitate such inquiry. the hanley case refers clearly to suspensions of the first category. their lordships correctly held that, after electing to treat the contract as a continuing one the employers took upon themselves to suspend him (worker) for one day .thereby assessing their own damages for the servants misconduct at the sum which ..... his difficulty in attending the said inquiry on saturdays as he had obtained employment elsewhere. upon this revelation the appellant company considered the appellant as having repudiated his contract of employment of his own accord and volition. however the appellant also informed the respondent by a subsequent letter that his services would have been terminated in any ..... court misdirect itself by holding that the failure of the petitioner to conduct the domestic inquiry within reasonable time amounted to constructive termination? despite the respondent having repudiated the contract within 14 days of the suspension of his services? (f) did the high court misdirect itself by failing to consider that the respondent had, unjustly enriched himself by .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Dec-01-2010
..... that email had, arguably, evidenced a contemptuous and cavalier approach to the claimants' contractual obligations to the defendants. the email as quoted, arguably, evidenced a contemptuous and cavalier approach to contracts in general. so far as concerns the basis of the defendants' comments about the claimants' attitude to their contractual obligations, a jury might take the view that there was no ..... a hirer in 2005. as between the claimants and defendants, there were no repercussions in that contractual relations proceeded without complaint until march 2007. the words 'following a breach of contract' in the words complained of cannot be taken as referring to the december 2005 breach. nor, in my judgment, can the later words in the defendants' comments. in my ..... of entertaining the public, a business in which many people are engaged, will be concerned, when serving the public, to know which artists can be relied on to perform their contracts and which cannot. the comment is arguably in the public interest." the last sentence suggests that pill lj considered that this issue was one for the jury, whereas the authorities ..... obligations for your booking may also not be met. in essence, craig joseph who performs with/arranges bookings for the gillettes and saturday night at the movies may sign a contract for your booking but will not necessarily adhere to it. we would recommend that you take legal advice before booking this artist to avoid any possible difficulties. instead we recommend .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Jul-28-2010
..... of the recent cases have explored the nature of the hypothetical negotiation called for in the assessment of wrotham park damages. it is a negotiation between a willing buyer (the contract-breaker) and a willing seller (the party claiming damages) in which the subject-matter of the negotiation is the release of the relevant contractual obligation. both parties are to be ..... covenant is akin to a negative easement. the decision of the house of lords in blake decisively covers what their lordships have referred to as a non-proprietary breach of contract. 4. damages under this head (termed 'negotiating damages' by neuberger lj in lunn poly at para 22) represent 'such a sum of money as might reasonably have been demanded by .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-02-2010
..... determine to have been so serious? the dealers have not provided answers to these questions. nor could they. any standard for identifying when a simple breach of contract amounts to a pmpa termination, when all three statutory elements remain operational, simply evades coherent formulation. b the dealers suggest that this interpretation of the pmpa fails ..... footnote 7 ] finally, important practical considerations inform our decision. adopting the dealers reading of the pmpa would require us to articulate a standard for identifying those breaches of contract that should be treated as effectively ending a franchise, even though the franchisee in fact continues to use the franchisor s trademark, purchase the franchisor s fuel, and ..... franchisees (hereinafter dealers) filed suit against shell and motiva in federal district court. their complaint alleged that motiva s discontinuation of the rent subsidy constituted a breach of contract under state law. additionally, the dealers asserted two claims under the pmpa. first, they maintained that shell and motiva, by eliminating the rent subsidy, had constructively terminated ..... of disputes between petroleum franchisors and franchisees, see 2806(a). this conclusion is also informed by important practical considerations, namely, that any standard for identifying those breaches of contract that should be treated as effectively ending a franchise, even though the franchisee continues to operate, would be indeterminate and unworkable. pp. 6 12. (b) the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-15-2010
..... in the drawings; (2) the alignment of bearing housings be made by the supplier and for this purpose, a spare shaft assembly would be issued against indemnity bond for checking the perfect alignment and free rotation of the shaft ; (3) the essentiality certificate would be issued by the buyer; (4) o ..... it is canvassed before us for the first time. secondly, and more importantly, from the available material, it transpires that although the initial contract was entered into between the parties in january 1983 but it got altered from time to time in view of negotiations between the parties about ..... i.e. 'notwithstanding any thing contained in any agreement between the buyer and the supplier'. in other words, the parties to the contract cannot even contract out of the provisions of the 1993 act. even if such provision that interest under the act on delay meant would not be chargeable ..... massereene and ferrard (1904) 2 i.r. 1113, gibson j. stated that word `due' may mean immediately payable (its common signification), or a debt contracted, but payable in future. it was also highlighted that the interpretation of the word `due' must be according to the reason and context of the statute ..... payable; constituting a debt....24. wharton's law lexicon (fourteenth edition) makes the following comment with regard to word `due':anything owing. that which one contracts to pay or perform to another; that which law or justice requires to be paid or done.25. p. ramanatha aiyar in `law lexicon'; 2nd edition .....Tag this Judgment!