Court : Andhra Pradesh
Decided on : Jul-03-2015
..... the obligation by operation of law is towards the corporation, is void and illegal. it may be that the act does not explicitly forbid such course, but if interpretation to contract out of act is accepted, the interpretation will defeat and destroy the compulsive character introduced by the legislation.28. hence, the question referred is answered in the negative declaring ..... in other words, with the legal effect and statutory fiction, contribution of esi to the corporation is mandated by the act. therefore, the employer and the employee cannot in law, contract out the statutory obligation of contribution to the corporation and agree not to pay contribution to corporation. the relationship of employer and employee in a factory/establishment under the act ..... that to achieve social justice, it would suffice to produce formal equality before the law. these views were reflected in contemporary legal thought by the idea that freedom of contract was the supreme article of public policy, a notion which ignored utterly those cases where there was no genuine equality of bargaining power as for example between master and servant ..... side or the other, the disclosure is fatal to the case. a stipulation of the strongest form to waive the objection would be tainted with the vice of the original contract and void for the same reasons. wherever the contamination reaches, it destroys. (emphasis supplied) after considering the several english judgments, the supreme court then observed that waiver is the .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-04-2015
..... its last words points out the consequence of a notification by the forward markets commission. it provides that if the chairman were notified that the continuation of trading in hedge contracts for any delivery etc. "was detrimental to the interests of the general public or the larger interests of the economy of india," then notwithstanding, anything to the contrary ..... view, specially in arbitration matter is unacceptable. such restriction will frustrate the whole purpose and object of arbitration act and also infringes the freedom of free trade and the commercial contract. ? 43. the supreme court in the case of commissioner of income tax (central)-i, new delhi vs. vatika township private limited, decided on 15th september 2014 in civil ..... 28 of the indian contract act, 1872 reads thus:- ??section 28. agreements in restraint of legal proceedings void : every agreement, -- (a) by which any party thereto is restricted absolutely from enforcing his rights ..... :- ??section 28. agreements in restraint of legal proceedings void - every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usu0al legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent. ? amendment to section .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-01-2015
..... a reasonable manner; the principles rewarding efficiency in performance; the connected infrastructure such as compressors, pumps, metering units, storage and the like connected to the common carriers or contract carriers; benchmarking against a reference tariff calculated based on cost of service, internal rate of return, net present value or alternate mode of transport; policy of the central ..... to authorization. explanation:- for the purposes of this sub-section, infringement of any right means doing of any act by any person which interferes with common carrier or contract carrier or causes prejudice to the authorised entity. the aforesaid provision stipulates the right of first use and also prescribes certain conditions.18. section 22 on which reliance ..... natural gas to domestic, industrial or commercial premises and cng stations situated in a specified geographical area. 15. section 2(j) and 2(m) define common carrier and contract carrier respectively. they read as follows:- 2(j) common carrier means such pipelines for transportation of petroleum, petroleum products and natural gas by more than one entity as ..... and distribution of petroleum products and natural gas, the board will oversee access to pipelines and city or local natural gas distribution networks on non-discriminatory, common carrier/contract carrier principle for ensuring a level playing field for all entities. that apart, the concept of allowing capacity in a city or local natural gas distribution network to .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-08-2015
..... assumed that the board of appeal erred in relying upon the report obtained by the buyers from crepin which was inconsistent with the terms on which the parties had contracted in the contract dated 12-5-1994 and wrongly rejected the report of the contractual agency, in our view, such errors would not bar the enforceability of the appeal awards passed ..... this case the delay in receiving the amount due is of 7 weeks with a corresponding consideration of payment of lesser amount if the negotiations fructified and the amended contract or new contract was executed. there would, therefore, be no contravention of section 8 of fema. 44. later in the case of srm exploration pvt. ltd., vs. n and s and ..... petitioners had questioned the jurisdiction competence and the composition of the arbitral tribunal. it was the contention of the petitioners that the petitioners did not recognize the validity of the contract alleged arbitration clause, the invocation of the arbitration and any claim made by the owner against the charterers or the petitioners. the petitioners filed the said reply under protest ..... application no.50 of 2007)in arbitration application and in particular paragraph (5) thereof in support of the aforesaid submission and would submit that the entire agreement including standard form contract entered into between the respondents and the said d.b.shipping llc stood incorporated in the letter of guarantee issued by the petitioners which included arbitration agreement. 63. learned .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-24-2015
..... the learned senior counsel for the petitioner that unless fraud, collusion or misconduct on the part of the consultant/architect is pleaded and proved by a party to the contract, such certificates are binding on the employer is concerned, a perusal of the correspondence clearly indicates that the respondent had disputed such certificate on the ground of extraneous consideration ..... and resultant completion of activities. 68. the learned arbitrator has held that the petitioner had submitted format i and iii in innumerable activities during course of execution of the contract. the format i submitted by the petitioner has as part of additional documents dated 14th april, 2009 which shows that the jobs were completed after extended dates of completion, ..... thus the learned arbitrator has rightly rendered various findings in favour of the respondent. learned arbitrator after considering the evidence on record and after interpreting the terms of the contract has justified the deductions made by the respondent from the running account bills of the petitioner as and by way of price reduction. the said price reduction was contractual ..... i and ii within the respective extended completion dates. 33. on 15th september 2008, the petitioner issued to the respondent a notice under article 14 of the general conditions of contract to commence arbitration. on 14th october 2008, the respondent appointed shri. r. krishnan, a retired officer of the respondent as the sole arbitrator. 34. pursuant to the .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-29-2015
..... issuing a new certificate unless the old one is cancelled, and it ought not to be done except on very satisfactory proof of loss or destruction, or on a satisfactory indemnity being given." taking note of these passages, the division bench observed thus before taking a decision to issue duplicate certificates, a decision had to be taken or satisfaction must ..... is a private contract between the shareholders compared to articles of association of the company, which is a public document. being a private document it binds parties thereof and not the other remaining ..... the case of vodafone international. reliance was placed on the following observations in the opinion rendered by radhakrishnan j. as under : 261. shareholders' agreement (for short sha) is essentially a contract between some or all other shareholders in a company, the purpose of which is to confer rights and impose obligations over and above those provided by the company law. sha ..... court in the case of vodafone international holdings bv versus union of india and anr. (2012) 6 supreme court cases 613), to contend that a shareholder agreement is a private contract between shareholders compared to articles of association, which is a public document, and the articles of association did not contemplate any notice to the directors outside india. mr.dwarkadas contended .....Tag this Judgment!
Court : Delhi
Decided on : Feb-09-2015
..... that the supreme court had observed that the draftsman of the indian contract act could not have envisaged use of the telephone as a means of personal conversation between parties separated in space and could not have intended ..... the presence of each other, and negotiations are concluded by instantaneous communication of speech, communication of acceptance is a necessary part of the formation of contract, and the exception to the rule imposed on grounds of commercial expediency is in-applicable. (underlining added) 22. it is interesting to note ..... make any rule in that behalf. the question then is whether the ordinary rule which regards a contract as completed only when acceptance is intimated should apply, or whether the exception engrafted upon the rule in respect of offers and acceptances by ..... established. the supreme court, by virtue of its majority decision, went on to hold as under: 14. obviously the draftsman of the indian contract act did not envisage use of the telephone as a means of personal conversation between parties separated in space, and could not have intended to ..... intimates acceptance, may suffice. furthermore, if the offeror receives no such intimation, even if the offeree has resolved to accept the offer, a contract may not result. the supreme court further observed as under: but on this rule is engrafted an exception based on ground of convenience which has .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-26-2015
..... the parties; regulation 29 was the only regulation under the pension regulations, 1995, applicable to the voluntary retirement and, therefore, regulation 29, ipso facto, became the terms of the contract; and that each and every paragraph of regulation 29 can be made applicable to an optee of more than 20 years of service without coming into conflict with any provision ..... voluntary retirement under these regulations". obviously, for the purposes of the scheme, it has to be understood to mean with necessary changes in points of details. section 23 of the contract act has no application to the present fact situation. xxx xxx xxx 50. it is true that vrs2000is a complete package in itself and contractual in nature. however, in that ..... eligible to pension under the pension regulations, 1995, and, therefore, they bear the risk of lack of clarity, if any. it is a well-known principle of construction of a contract that if [pic].the terms applied by one party are unclear, an interpretation against that party is preferred (verba chartarum fortius accipiuntur contra proferentem)". thereafter, the court adverted to intention ..... they would be entitled to. the appellants voluntarily, with open eyes entered into an agreement and after having retired and enjoyed the benefits, they cannot go behind the concluded contract and claim further benefits. it must be remembered that a voluntary retirement scheme is formulated and conceived in public interest. interest of the respondent bank is also to be taken .....Tag this Judgment!
Court : Kerala
Decided on : Feb-26-2015
..... of the property have been terminated due to the notification under the land acquisition act and therefore as already found by us, section 56 of the contract act will come into play. in that view of the matter, we find no reason to accept the argument of the learned counsel for the ..... amount which represents the converted form of property, his purchase money and earnest together with interest. it is in this sense that the buyer whose contract is now frustrated appears to have a claim or share in the compensation which becomes payable to the owner of the property by reason of the ..... the agreement holders 41 to 51 except 47 (who has already obtained money through other proceedings), have not obtained any decree for specific performance of the contract and have not obtained title by registered documents also. the title in respect of such property remained with the company and the transferees from the company ..... another (2014 khc2488 is a judgment of a learned single judge of patna high court. the requirement to file a suit for specific performance of a contract in a similar context was specified. therein, the suit for declaration of title and possession was filed by the plaintiff. it was also held that ..... it only super-adds the sanction of the court to enforce it through the medium of court. as such the decree holder can enforce the said contract and get it enforced through court, subject to whatever interest the judgment debtor had at the time of execution. therefore, there can be no doubt .....Tag this Judgment!
Court : Jharkhand
Decided on : Nov-19-2015
..... its agents, including managing agents, if any, and servants shall cease to exercise management or control in relation to the undertaking of the company; (c) all contracts, excluding any contract or contracts in respect of agency or managing agency, subsisting immediately before the appointed day an affecting the undertaking of the company shall cease to have effect or to be ..... or services offered are of the requisite specifications; (3) whether the person tendering has the ability to deliver the goods or services as per specifications. when large works contracts involving engagement of substantial manpower or requiring specific skills are to be offered, the financial ability of the tenderer to fulfill the requirements of the job is also important; ..... going into the factual controversy, the high court should not entertain the writ petition. as noted above, the writ petition was primarily founded on allegation of breach of contract. question whether the action of the opposite party in the writ petition amounted to breach of contractual obligation ultimately depends on facts and would require material evidence to be ..... . 16.1.2 the other critical events of default are: a. the distribution franchisee has engaged in a corrupt practice or/and fraudulent practice in competing for executing the contract. b. a resolution for winding up has been passed by the majority shareholders of the distribution franchisee. c. the distribution franchisee is declared insolvent or bankrupt. d. the .....Tag this Judgment!