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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 2015 Page 10 of about 1,077 results (0.065 seconds)

Dec 03 2015 (HC)

National Mineral Development Corporation Limited, rep. by its Regional ...

Court : Karnataka

Decided on : Dec-03-2015

..... unconstitutional provision of law is treated as a constitutional right flowing from article 265 or as a statutory right/equitable right affirmed by section 72 of the contract act, the result is the same there is no automatic or unconditional right to refund. ii) an assessee must succeed or fail in his own ..... that the relevant enactment does not provide for such refund or reopening; (3) whether equitable considerations have no place in situations where section 72 of the contract act is applicable, and (4) whether the spending away of the taxes collected by the state is not a good defence to a claim for refund ..... saraf [air 1959 sc 135], (kanhaiaya lal), it was held that money paid under a mistake of law is recoverable under section 72 of the contract act and that there is no question of estoppel, even if mistake of law is a mistake of parties. the correctness of that decision was considered in ..... levy was inapplicable to sales of forest produce, prior to 24/12/1975. a direction was issued to refund tax collected in respect of the sales under contracts made prior to 24/12/1975. this judgment has attained finality as no challenge was made to the same before the hon'ble supreme court. (ii) ..... the sale of forest produce. this court held that levy was covered under entry 54 of list ii. in that case, the petitioners had entered into contracts for the disposal of the forest produce and the question was, whether the imposition of fdt was only on sale of forest produce or otherwise. this .....

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Nov 20 2015 (HC)

IFCI Factors Ltd. Vs. Maven Industries Ltd. and Others

Court : Delhi

Decided on : Nov-20-2015

..... . the mere maintenance of a running account does not disentitle the plaintiff from filing the suit under order xxxvii, cpc, based on a written contract and acknowledgement in writing. (underlining added) 18(i). i am unable to agree with the argument urged on behalf of the plaintiff by placing ..... or the dishonoured bill of exchange or cheque. if in the suit plaint, besides the averments of the cause of action of the written contract containing the specific liquidated amount which is specifically claimed in the suit, necessary further facts, averments and cause of action has to be pleaded ..... even arising from a statement of account filed with the plaint, leave aside the said amount arising as the liquidated amount from a written contract under which defendants obliged themselves to pay such amount to the plaintiff and which is the mandatory requirement of order xxxvii cpc. 10. in ..... appellant/defendant. the suit which was filed under order 37 cpc, claimed the amounts due under the bills which were stated to be written contracts containing liquidated demand', though simultaneously admitting that after the bills were raised various payments were made towards the bills. the details of bills and ..... events as mentioned in the plaint itself which talk of various factual aspects, and which as per the plaintiffs includes aspects of breach of contract by the defendants; admission by some of the defendants of the breach by other defendants; admission by some of the defendants of the agreement .....

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Sep 11 2015 (HC)

DBM Geotechnics and Constructions Pvt. Ltd. Vs. Union of India, Rep. b ...

Court : Andhra Pradesh

Decided on : Sep-11-2015

..... case, the order of the bombay port trustees was questioned. 11. per contra, learned standing counsel for the second respondent placed strong reliance upon the various conditions of the contract in addition to the averments in the counter affidavit. learned standing counsel pointed out that in the pre-bid meeting, clarification was issued to the bidders with regard to performance ..... respondent for furnishing 5% bank guarantee is an additional requirement imposed on the petitioner. learned counsel also submits on the basis of the clause relating to automatic extension of contract, extracted above, that the site having been handed over to the petitioner only on 02.05.2014 and the approval for designs having been received on 15.07.2014, ..... petitioner having failed to submit 5% performance bank guarantee, show cause notice for termination was issued on 27.03.2015 and consequently, the second respondent was compelled to terminate the contract and decided to call for fresh tenders. the prayer of the petitioner is, therefore, strongly opposed by the second respondent. 9. learned counsel for the petitioner points out that ..... (2011) 5 scc 697) and dwarkadas marfatia and sons v. bombay port trust (1989 (3) scc 293). learned counsel also submits that under section 3 of the conditions of contract clauses 24 and 25 provide for settlement of disputes including reference to arbitration. 7. the second respondent filed counter affidavit denying the averments of the petitioners and placed strong reliance .....

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Dec 03 2015 (HC)

O.P. Prakash Vs. M.U. Chacko and Another

Court : Kerala

Decided on : Dec-03-2015

..... was the plaintiff -licensor, who was contending that the agreement therein was irrevocable for a period of three years in view of the specific contract entered into between the parties and that therefore the defendant licensee could not have unilaterally terminated the licence prematurely prior to the expiry of ..... time of surrender of possession, the defendant should dismantle the structures put up by him in the land in question and that such clear contract would disentitle the appellant licensee from claiming the benefit under sec.60(b) of the easements act and accordingly, dismissed the second appeal preferred ..... therein that as and when the requirements of sec.60(b) are satisfied, the said provision comes into operation, even if there is a contract, which says that the licence is revocable under the circumstances, which would otherwise satisfy the requirements under sec.60(b) of the easements act ..... of the character of an easement and the rights under it are affirmatively and definitely fixed and settled, or where it constitutes apart of a contract between the parties. ....... (emphasis supplied) in the said ruling, the bombay high court upheld the validity of the agreement between the parties, ..... the role of irrevocability has its foundation on the principle of an implied grant, and therefore has no operation when there is an express contract between the parties. it was further held that there is no provision in the easements act or elsewhere, which precludes the parties from entering .....

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Jun 26 2015 (HC)

M/s Link Utsav Auto System Pvt. Ltd. Vs. State of MP

Court : Madhya Pradesh

Decided on : Jun-26-2015

..... commissioner, gwalior. if defects/irregularities are noticed repeatedly or there are repeated complaints against the service provider, the transport commissioner shall have the right to terminate the contract and forfeit the performance security; ii. upon the service provider being knowingly or intentionally involved in distribution of duplicate high security registration plates without authority letter from ..... cause notice after supplying copies of the concerning documents, along with a direction to the authorities of the respondents to invoke and comply the clause-17 of the contract agreement regarding dispute resolution by allowing this petition. she also placed her reliance on the following reported decisions:- (i) branch manager, magma leasing and finance vs. ..... extended a liberty to approach the appropriate authority of the respondents, i.e. the principal secretary, transport department for amicable settlement under clause-17.1 of the contract agreement. pursuant to such liberty, the petitioner had already been approached to the alternate forum with its representation and now after rejecting its representation by the competent ..... this, an additional prayer for prohibition and restraining the respondents from taking any coercive/adverse step/action against the petitioner in deviation of the terms of the contract was also made. (12) subsequent to passing the aforesaid order and before approaching the petitioner to the authorities of the respondents under the aforesaid liberty to .....

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Jan 06 2015 (HC)

Baroda Road Tankers and Anr. Vs. Deputy General Manager - Lpg North Zo ...

Court : Delhi

Decided on : Jan-06-2015

..... all bottling plants/customers ( ex- mi / delivered ) of the oil marketing companies as well as for stock transfer of auto lpg from supply sources to bottling plants during the contract period. the contracts were to be valid for three years with effect from 01.11.2014 and extendable for two more years at the sole discretion of the corporation(s) at the ..... the contractor has the capacity and the resources to successfully execute the work; and (e) if the state or its instrumentalities act reasonably, fairly and in public interest in awarding contract, here again, interference by court is very restrictive since no person can claim fundamental right to carry on business with the government. w.p.(c) 8776/14, 8568/14 & ..... been adopted by the oil marketing companies with respect to alleged mismatch for the first time in seven years during which such vehicles had been consistently accepted and awarded loi/contracts.7. sh. yashank adhyaru, learned senior counsel argued that there is no basis for the alleged mismatch, given that the tender conditions merely referred to the licensed capacity of minimum ..... w.p.(c) 8435/2014 (hereafter called the malik group ), on the other hand, assert that the oil marketing companies should strictly follow the tender conditions and reject the tanker contracts (tts) which do not conform to the prescribed specifications. they seek consequent directions for quashing of actions taken towards accepting bids which are not in conformity with the tender specifications .....

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Jan 06 2015 (HC)

Baroda Road Tankers and Anr. Vs. Deputy General Manager - Lpg North Z ...

Court : Delhi

Decided on : Jan-06-2015

..... all bottling plants/customers ( ex- mi / delivered ) of the oil marketing companies as well as for stock transfer of auto lpg from supply sources to bottling plants during the contract period. the contracts were to be valid for three years with effect from 01.11.2014 and extendable for two more years at the sole discretion of the corporation(s) at the ..... the contractor has the capacity and the resources to successfully execute the work; and (e) if the state or its instrumentalities act reasonably, fairly and in public interest in awarding contract, here again, interference by court is very restrictive since no person can claim fundamental right to carry on business with the government. w.p.(c) 8776/14, 8568/14 & ..... been adopted by the oil marketing companies with respect to alleged mismatch for the first time in seven years during which such vehicles had been consistently accepted and awarded loi/contracts.7. sh. yashank adhyaru, learned senior counsel argued that there is no basis for the alleged mismatch, given that the tender conditions merely referred to the licensed capacity of minimum ..... w.p.(c) 8435/2014 (hereafter called the malik group ), on the other hand, assert that the oil marketing companies should strictly follow the tender conditions and reject the tanker contracts (tts) which do not conform to the prescribed specifications. they seek consequent directions for quashing of actions taken towards accepting bids which are not in conformity with the tender specifications .....

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Jan 16 2015 (HC)

M/S National Highways Authority of India Vs. M/S Oriental Structural ...

Court : Delhi

Decided on : Jan-16-2015

..... senior counsel for the respondent that the argument made by the appellant before the learned single judge and being made before this court, that the particular clause in the contract is a contract of indemnification, was not even raised before the arbitral tribunal and did not form the ground in the omp filed under section 34 of the act and was raised ..... change in legislation; the additional cost claimed by the respondent and allowed by the arbitral tribunal was not on account of change in legislation. the arbitral tribunal having misinterpreted the contract between the parties; (i) the arbitral tribunal having overlooked other contractual provisions and facts. (j) the rate of interest @ 10% granted by the arbitral tribunal being excessive. (k) the ..... had not done so and was thus not entitled to the claim. (f) the arbitral tribunal having awarded price adjustment at a rate contrary to the contract between the parties and the clarifications, addendum and corrigendum issued by the petitioner; (g) the respondent being not entitled to any additional costs due to increase in royalty on various ..... after major work were executed. (e) the arbitral tribunal having not considered that if the respondent intended to claim any additional payment pursuant to any clause in the contract, the respondent under the contract was required to within 28 days from the date of dispute notify the engineer with a copy marked to the petitioner, of his such intention and the respondent .....

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Feb 12 2015 (HC)

Ex Sub Rajender Singh Vs. Union of India and Ors.

Court : Delhi

Decided on : Feb-12-2015

..... have a statutory basis) have to be strictly construed and the courts would not venture into an exercise that could result in re-writing the contract or substituting the terms which were not intended by the parties; this court however, is not required to comment upon that aspect.14. paragraph ..... fides i.e. good faith on the part of the insured. except that, in other respects, there is no difference between a contract of insurance and any other contract. the four essentials of a contract of insurance are: (i) the definition of the risk, (ii) the duration of the risk, (iii) the _______________________________________________________________________ premium, ..... and no exception can be made on the ground of equity. the courts should always try to interpret the words in the insurance contract as they have been expressed by the parties. it is not open for the court to add, delete or substitute any words. the words ..... extent of liability of the insurer. the endeavour of the court must always be to interpret the words in which the contract is expressed by the parties. the court while construing the terms of policy is not expected to venture into extra liberalism that may result in ..... the currency of the extended tenure. 11. the learned counsel for respondent no.3/agif also contended that an insurance contract has to be strictly construed without re-writing the contract or substituting the terms which were not intended by the parties. he relied upon the dicta of the supreme court in .....

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Mar 05 2015 (HC)

Pushkar Mal Verma Vs. Central Bureau of Investigation

Court : Delhi

Decided on : Mar-05-2015

..... is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.? 464. it is contended on ..... the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. section 464 - making a false document [a person is said to make a false document or ..... is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.? 312. it is submitted that ..... they had informed ramji tiwari that they were proof reading hartron lists. it also assumes significance that a-3/dw-2 ramji tiwari was employed on contractual basis and his contract was renewed by sanjiv kumar (a-3). it is, therefore, submitted that ramji tiwari is a pliable witness for the defence but not a reliable witness for the court.66 .....

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