Court : UK Supreme Court
Decided on : Mar-03-2010
lord hope 1. the scottish parliament was established by section 1 of the scotland act 1998. it was opened on 1 july 1999. section 29(1) of the act provides: "an act of the scottish parliament is not law so far as any provision of the act is outside the legislative competence of the parliament." 2. this provision lies at the heart of the scheme of devolution to which the act gives effect. section 29 has to be read together with schedule 4 which protects certain enactments from modification, and then with section 30 and schedule 5 which defines reserved matters. these are matters reserved to the uk parliament, and which are therefore excluded from the legislative competence of the scottish parliament. the area of competence that is identified by this group of provisions forms the basis for a series of sections that are designed to ensure that the scottish parliament confines itself to the defined areas of competence: section 31 (scrutiny of bills before introduction), section 32 (the responsibility of the presiding officer), section 33 (reference of bills to the judicial committee now the uk supreme court for scrutiny), section 35 (the power of the secretary of state to intervene in certain cases) and sections 98 to 103 and schedule 6 (post-enactment adjudication of issues about legislative competence by the courts). 3. the white paper, scotland's parliament, cm 3658 (1997), para 4.3, contrasted this scheme of devolution with that which had been laid down by the scotland .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Jan-27-2010
..... section 1(1) of the united nations act 1946 contemplates that orders in council implementing security council resolutions under chapter vii may interfere with individual persons' rights to enter into contracts or to deal with or dispose of their business. the limitations imposed by the al-qaida order on g's and hay's rights to use their property and on ..... effective, require to be accompanied by prohibitions and sanctions addressed to domestic individuals or entities, and impacting, therefore, on rights or freedoms that they would otherwise have - particularly to make contracts and deal with or dispose of property. this might be the case either because the security council resolution expressly so required, or because its effective domestic application appeared to the ..... , as noted at para 122 above, that the convention has to be interpreted in the light of any relevant rules and principles of international law applicable in relations between its contracting parties. the court has therefore had regard to two complementary provisions of the charter, articles 25 and 103, as interpreted by the international court of justice (see para 27 above ..... of which can be authoritatively expounded only by the strasbourg court. it must be for the strasbourg court to provide the authoritative guidance that is needed so that all the contracting states can adopt a uniform position about the extent to which, if at all, the convention rights or any of them can be held to prevail over their obligations under .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-21-2010
..... co. , 522 f. 2d 749, 757 758 (ca2 1975) (concluding that the bona fide error defense in 1640(c) was unavailable despite creditor s reliance, in selecting language for credit contract forms, on a pamphlet issued by the federal reserve board); haynes v. logan furniture mart, inc. , 503 f. 2d 1161, 1167 (ca7 1974) ( [section] 1640(c) offers no shelter from .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-16-2010
Reported in : 2010(2)SCALE148
..... not having been observed by the exporter, the national commission was justified in holding that the insurance company stood absolved of its liability under the contract and in dismissing the petition qua the said company.28. that brings us to the question whether the national commission was justified in holding ..... 2000 (2) scc 734 where this court observed:it is the fundamental principle of insurance law that utmost good faith must be observed by the contracting parties and good faith forbids either party from non-disclosure of the facts which the parties know. the insured has a duty to disclose and similarly ..... the principle was stated by lord mansfield in the following words:insurance is a contract of speculation. the special facts upon which the contingent chance is to be computed lie most commonly in the knowledge of assured only; the underwriters ..... national commission on the ground that the shipper had not observed utmost good faith while obtaining the insurance cover. the principle that insurance is a contract founded on good faith is of vintage value. in carter v. boehm (1766) 3 burr 1905 one of the earliest cases on the subject ..... on any land risk which may be incidental to any sea voyage. section 5 permits every lawful 'marine adventure' to be the subject matter of a contract of marine insurance. the expression 'marine adventure' is defined by section 2(d) in the following words:2(d): marine adventure: includes any adventure .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-03-2010
..... irregularity has been widely recognized as an exception to the doctrine of indoor management. the protection of the doctrine is not available where the circumstances surrounding the contract are suspicious and therefore invite inquiry.72. this exception was highlighted in the english case of j.c houghton& co. v. nothard, lowe & wills ..... are entitled to presume that internal requirements prescribed in memorandum and articles have been properly observed. therefore doctrine of indoor management protects outsiders dealing or contracting with a company, whereas doctrine of constructive notice protects the insiders of a company or corporation against dealings with the outsiders. however suspicion of ..... in which an ordinary director, acting without authority in fact, has been held capable of binding a company by a contract with a third party, merely on the ground that that third party assumed that the director had been given authority by the board to make ..... of minister shall be collectively responsible for all executive orders passed by any department in the name of the governor or contract made in exercise of the power conferred on the governor or any other officer subordinate to him in accordance with the rules, whether such ..... orders or contracts are authorized by an individual minister on a matter pertaining to the department under his charge or as the result of discussion .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-05-2010
..... , 2nd edn. (wadhwa & co., 1997) at p. 957, the word 'instrument' has been defined as:a writing as the means of giving formal expression to some act, contract, process, or proceeding as a deed, contract, writ etc. `a writing given as the means of creating, securing modifying, or terminating a right or affording evidence; a deed of conveyance, a grant, a patent ..... reduced to writing, as a means of evidence, and writing as the means of giving formal expression to some act; a writing expressive of some act, contract, process or proceeding; a writing containing any contract or order.10. in respect of the letter exchanged between the secretary to the government of madras and the chief secretary to the government of orissa, it .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-07-2010
Reported in : 2007(Supp.)Bom.C.R.925
..... extent in each year (called cost petroleum). according to daniel johnston, who was cited by learned solicitor general, gopal subramaniam:contractual arrangements are divided into service contracts and production contracts. the difference between them depends on whether or not the contractor receives compensation in cash or in kind (crude). this is a rather modest distinction and ..... anya schiffrin, open society institute (2005), p. 13-146 terry lynn karl 'understanding the resource curse' in covering oil (open society initiative, 2005)7 government by contract: outsourcing and american democracy, ed. jody freeman and american democracy8 cass sunstein: free markets and social justice (oxford university press, 1997)40 handbook of natural gas technology ..... place and the requirement that after the initial period, if requisite exploration is not undertaken or does not result in a commercially exploitable discovery, the return of the contract area; (2) nature, extent and mode of participation in management of the petroleum operations; (3) participation in price setting and price modulation functions, through ..... selling prices and shall, inter alia, exclude sales (whether direct or indirect, through brokers or otherwise) involving affiliates, sales between companies which are parties to this contract, sales between governments and government-owned entities, counter trades, restricted or distress sales, sales involving barter arrangements and generally any transactions motivated in whole or in .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-08-2010
Reported in : 2010(3)ALT213
..... the view that clause 21 of the agreement of development-cum-general power of attorney, dated 19.09.2007, remain as part and parcel of the contract between the parties, in which case, the disputes between the parties are required to be resolved by way of arbitration.14. accordingly, the arbitration application ..... and 10 of the supplementary agreement of development, dated 18.10.2008. in a way, learned senior counsel contends that the terms of the contract between the parties stand modified by a supplementary agreement of development and the parties are governed by the terms of the supplementary agreement of development and ..... are owners of property bearing 12-1-566 to 574. it is false to say that applicant is distantly related to our family. that the contract was signed between myself and my brother as applicant is friend of my son. applicant got any how executed a registered development agreement-cum-gpa ..... 10.2008 with regard to change in sharing of the constructed areas among them. the respondents got issued a notice dated 12.03.2009 terminating the contract. they also filed a suit o.s. no. 408 of 2009 on the file of vii senior civil judge, city civil courts, hyderabad, ..... institution (as for example the standard terms and conditions of a trade association or architects association) will bind them or apply to the contract, such standard form of terms and conditions including any provision for arbitration in such standard terms and conditions, shall be deemed to be incorporated by .....Tag this Judgment!
Court : Delhi
Decided on : Apr-30-2010
..... claimants had submitted that insistence of the respondents for chemical cleaning by the claimants had affected the pre-commissioning which in turn delayed the overall completion of the contract.the respondents had submitted that chemical cleaning was to be carried out by the claimants in terms of purchase requisition and various communication issued.i have examined clause ..... miscreants having attacked and looted workers and staff of contractors had resulted in the decision to shift fabrication from the site and consequent delay in execution of the contract.testing mediumthe claimants had submitted that due to the insistence of the respondents for not using dowtherm liquid as testing medium, activity of the system testing was delayed ..... respondents by specifying john zink burner without first establishing the performance/suitability of such burners to meet their requirement, were responsible in causing delay in execution of the contract by the claimants.site conditions and fabricationthe claimants had submitted that shifting of fabrication work from the site to baroda due to non-conducive environment at the site had ..... been succinctly set out in the impugned award. for the purposes of present petition, it would suffice to observe that petitioner-objector and respondent-claimant had entered into a contract for installation and commissioning of dowtherm vapouriser at lldpe plant, pata. the said plant was to be delivered within thirteen months. since in the present case, petitioner- .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-16-2010
..... i shall presently refer to the contents of the tender documents to which my attention was invited.8. the definition of various terms appearing in the 'general conditions of contract' under 'a. contract and interpretation' read as follows:1. definitions1.1 the following words and expressions shall have the meanings hereby assigned to them:(g) 'contractor' means the person(s) ..... . the contractor shall endeavour to resolve all matters and payments amicably and speedily with the sub-contractors.19.2 the corresponding appendix (list of approved subcontractors) to the contract agreement specifies major items of supply or services and a list of approved subcontractors against each item, including vendors except those specified in gcc 19.1. insofar as no ..... ) 'employer' means the person named as such in the scc and includes the legal successors or permitted assigns of the employer.(x) 'scc' means special conditions of the contract.(z) 'subcontractor,' means any person to whom execution of any part of the facilities, including preparation of any design or supply of any plant and equipment, is subcontracted directly ..... petitioners say is malafide, arbitrary and unreasonable and, therefore, would have the effect of prejudicially affecting the right of the company finds place in the general conditions of the contract.6. mr. banerjee, learned senior advocate appearing for the petitioners, while contending that the tender terms and conditions encouraged the interested parties to prepare a list of sub- .....Tag this Judgment!