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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Year: 2015 Page 7 of about 1,098 results (0.058 seconds)

Nov 19 2015 (HC)

Ranchi Power Distribution Company Limited and Anr Vs. Jharkhand Bijli ...

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 .....

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Apr 28 2015 (HC)

Oil and Natural Gas Corporation Ltd. Vs. M/s. Jindal Drilling and Indu ...

Court : Mumbai

Decided on : Apr-28-2015

..... were not inter dependent on each other. he submits that the petitioners themselves have admitted that the agreement between the petitioners and the respondents had nothing to do with the contract between the petitioners and the said depl. 46. learned senior counsel submits that the petitioners have not made any averments that there was any mutual intention of all the ..... the said premises situated at 3rd floor, keshav building, bandra kurla complex, bandra (east), mumbai - 400 051 having telephone numbers. it was contended by the petitioners that the said contract awarded to the said depl was because of the relation with the petitioners enjoyed by the respondents and, therefore, the respondents could not avoid the liabilities in respect of the ..... the plea raised by the respondents herein in the said arbitration proceedings before the arbitral tribunal that the respondents were not parties to the arbitration agreement entered into the said contract and consequently, could not be dragged to the arbitration. the said plea of the respondents was accepted by the arbitral tribunal. it is clear that the plea of the ..... respondents. 15. learned senior counsel submits that the petitioners' witness failed to produce the minutes of meeting of the executive purchase committee which gave its approval for awarding the contract to the said depl. he submits that the said witness examined by the petitioners was not even present the said meeting. he submits that since the petitioners had suppressed the .....

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Jul 16 2015 (HC)

Utsav Safety Systems Pvt. Ltd. and Another Vs. State of Goa, through i ...

Court : Mumbai Goa

Decided on : Jul-16-2015

..... 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 a fundamental right to carry on business with the government. 20. therefore, a court before interfering ..... bidders participating in the tender process cannot, therefore, insist that their tenders should be accepted simply because a given tender is the highest or lowest depending upon whether the contract is for sale of public property or for execution of works on behalf of the government. all that participating bidders are entitled to is a fair, equal and non- ..... otherwise it will amount to substituting its own decision without the necessary expertise which itself may be fallacious. normally speaking, the decision to accept the tender or award the contract is relished by the process of negotiations through safe tiers which decisions are normally made collectively by experts. as such, judicial review on administrative decisions of administrative actions is ..... the said decision was thereafter withdrawn and the matter was referred to the hon'ble chief minister for appropriate orders. it is further their case that there is no concluded contract whatsoever between the petitioners and the respondents. it is further their case that though in the financial bids, the petitioner was the lowest bidder, nevertheless, a lowest and .....

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Dec 23 2015 (HC)

M/s. Sai Nath Enterprises Vs. North Delhi Municipal Corporation and An ...

Court : Delhi

Decided on : Dec-23-2015

..... the defendants that the plaintiffs have suppressed the material documents from the court. the said documents are termination letters dated 11th november, 2014 of de-registration of plaintiffs as parking contracts dated 1st july, 2014 between the parties for 2 year period. admittedly, the first suit was filed before this court on 12th november, 2014. the same was listed ..... defendants that the plaintiffs were defaulter in paying the monthly license fee to the defendants and have been unauthorisedly occupying the parking site in question after termination of the contracts and the defendants are suffering huge losses are concerned, the learned senior counsel appearing on behalf of the plaintiffs have informed that the entire due amount has been paid ..... have not approached before this court with clean hands. the interim orders were obtained by the plaintiffs by making misrepresentation who had failed to disclose the real fact that the contracts between the parties were already terminated. the plaintiffs were aware about the terminations on the respective dates of filing of both suits. thus, the applications filed by the ..... , and such notices have short effective period, if no action is contemplated the show-cause notice lapses. in the present case, defendantsconduct of the defendants in awarding parking contract to the plaintiff itself resulted in determination of the show-cause notice in favour of plaintiff, as such the issue cannot be raise again by the defendants to the prejudice .....

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Aug 26 2015 (HC)

M/s. SICPA India Private Limited Vs. Kapil Kumar and Others

Court : Delhi

Decided on : Aug-26-2015

..... injunction. in this regard, placing reliance on section 41(g) of the specific relief act, 1963, it is urged that the plaintiff is disentitled to injunction against a breach of contract, if has acquiesced in the same. section 41(g) reads as follows : section 41. injunction when refused an injunction cannot be granted. xxx xxx xxx (g) to prevent ..... pleas with contradictory existing pleadings; seeks incorporation of additional prayers which are inconsistent with existing prayers. sicpa has set up pleas which are contrary to the express terms of the contract act, registration act, stamp act, specific relief act amongst others. we shall elucidate on this aspect further at a later stage of this judgment. the amendment application has completely ..... to be referred to a sole arbitrator to be appointed by the lender (sicpa). it wasurged that the suit was based upon rights of the parties arising out of the contract containing the said arbitration clause; that the suit seeking enforcement of claims under the loan agreement was consequently, barred under the provisions of arbitration and conciliation act, 1996 and ..... primary security 2.1. each loan facility balances shall be secured by any or all of the following: securities mean securities as defined under section 2(h) of the securities contract regulation act, 1956 (as amended from time to time) and also includes debentures, bonds, rbi relief bonds deposits, collateralized debt obligations and securitised debt instruments units of mutual funds .....

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Feb 03 2015 (HC)

M/S Saini Constructions Company Vs. Delhi Jal Board

Court : Delhi

Decided on : Feb-03-2015

..... himself and there was no obligation on the part of the department to obtain this on his behalf. this letter cannot override the terms of the contract. 29 in this context, clause 1.12.4.1 is relevant. this clause clearly stipulates that the plaintiff has to obtain the road cutting ..... .4.1 also clearly envisaged that the contractor was to obtain the road cutting permission from the designated authorities. it was made clear in the contract that delay in getting road cutting permission was to be accounted towards the plaintiff alone; the plaintiff did not pursue the matter with the designated ..... the defendant to approve the drawings; the drawings were not approved because the specification with regard to valves were already there and forming part of the contract. the approval of the drawings sought by the plaintiff was only a delaying tactic. when the plaintiff was unable to arrange the valves in question, ..... guarantee of rs.9,76,700. 16 these payments which were illegally deducted from the final bill of the plaintiff were against the terms of the contract as the plaintiff was not at fault for not completing the work in time; delays were all attributable to the defendant. the defendant was unjustified ..... various works with the government and other local bodies including delhi jal board (hereinafter referred to as the defendant ). 3 parties had entered into a contract on 14.04.2005 for execution of work to be carried out by the plaintiff i.e. for providing and laying 800 mm dia rising .....

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Apr 08 2015 (SC)

Voltas Ltd. Vs. State of Gujarat

Court : Supreme Court of India

Decided on : Apr-08-2015

..... |tax | | | |of the act | | | 1. |installation of | 67 | 18% | | |air-conditioners and | | | | |a.c.coolers and for repairs | | | | |thereof. | | | | 2. |furniture and fixtures | 104 | 8% | | |partitions including contracts| | | | |for interior decoration and | | | | |repairs thereof | | | | 3. |fabrication and installation | 120 | 8% | | |of lifts or elevators or | | | | |escalators and for repairs | | | | |thereof | | | | 4. |fabrication and installation | 39 ..... buildings, bridges or roads, | | | |and for repairs thereof | | |2. |installation of air-conditioners and | 15% | | |a.c.coolers | | |3. |furniture and fixtures, partitions including | 5% | | |contracts for interior decoration | | |4. |fabrication and installation of lifts or | 10% | | |elevators or escalators | | |5. |fabrication and installation of plant and | 5% | | |machinery | | |6. |construction of ..... assertions have received our due consideration. the competing entries requiring scrutiny to ascertain the correct composition rate of tax payable vis--vis the works contract involved are engrafted admittedly in the notification issued by the government of gujarat in exercise of powers conferred by section 55a of the act. ..... of interpretation adverted to herein above.24. in the overall legal and factual perspectives as obtained herein, any endeavour to drag the works contract involved within the framework of entry no.2 would be repugnant to the basic principles of interpretation of statutes and subordinate legislations like .....

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Apr 10 2015 (HC)

Central Coalfields Limited Through Its General Manager Admn Shri Biren ...

Court : Jharkhand

Decided on : Apr-10-2015

..... dues of this work or any other work of the company also, subject to the condition that it would not exceed 10% of the contract value. the contract value was of rs. 14181.48 lakhs. the 10% of the said amount works out to be rs. 14,18,14,800/- ..... ordinarily the writ court does not interfere in contractual matter where disputed question of facts are involved and determination on terms and condition of the contract are to be made. the hon ble supreme court in the case of rajasthan state industrial development and investment corporation and another vrs. diamond ..... court should be discreet in exercising jurisdiction in such contractual matter where disputed questions of fact involving interpretation of terms and conditions of the contract are to be adjudicated, more so when the issue in controversy is pending before civil courts, as has already been found by the learned ..... subsequent letters dated 15.01.2014 and 02/03.06.2014 came to be passed whereby security deposit of chanani transport in relation to other contracts were sought to be forfeited/ withheld, which constrained chanani transport to lay formal application challenging the said order also. the learned writ court ..... escalation, however, vide letter dated 17 th of april, 2013, ccl directed chanani transport to resume work for removal of overburden, failing which the contract would be terminated and damages would be recovered from chanani transport besides invoking the bank guarantee. challenging the letter dated 14 th of april, 2013 .....

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Apr 10 2015 (HC)

Chanani Transport Through One of Its Partners Namely Daya Nand Modi Vs ...

Court : Jharkhand

Decided on : Apr-10-2015

..... dues of this work or any other work of the company also, subject to the condition that it would not exceed 10% of the contract value. the contract value was of rs. 14181.48 lakhs. the 10% of the said amount works out to be rs. 14,18,14,800/- ..... ordinarily the writ court does not interfere in contractual matter where disputed question of facts are involved and determination on terms and condition of the contract are to be made. the hon ble supreme court in the case of rajasthan state industrial development and investment corporation and another vrs. diamond ..... court should be discreet in exercising jurisdiction in such contractual matter where disputed questions of fact involving interpretation of terms and conditions of the contract are to be adjudicated, more so when the issue in controversy is pending before civil courts, as has already been found by the learned ..... subsequent letters dated 15.01.2014 and 02/03.06.2014 came to be passed whereby security deposit of chanani transport in relation to other contracts were sought to be forfeited/ withheld, which constrained chanani transport to lay formal application challenging the said order also. the learned writ court ..... escalation, however, vide letter dated 17 th of april, 2013, ccl directed chanani transport to resume work for removal of overburden, failing which the contract would be terminated and damages would be recovered from chanani transport besides invoking the bank guarantee. challenging the letter dated 14 th of april, 2013 .....

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May 06 2015 (HC)

Sunagro Seeds Pvt. Ltd Vs. National Seeds Corporation Ltd.

Court : Delhi

Decided on : May-06-2015

..... resulted in a loss to the respondent, need to be compensated by the petitioner. insofar as the submission that in view of the position of the contract in terms of clause 20 and 21, the liability could not have exceeded beyond rs.1,65,600/- is concerned, suffice to state, the clause ..... learned arbitrator from the respondent s letter dated january 3, 2012. the learned arbitrator was of the view that there was again a breach of agreement/contract. he noted that the petitioner had only on january 17, 2012 communicated to the respondent its inability to lift the un-lifted booked/indented onion seeds ..... be over and above rs.1,65,600/-. he states, the liability having been prescribed in the contract, learned arbitrator having gone beyond the contract and determine the liability on a principles underlying in section 73 of the contract act is totally untenable. he relied upon the judgments of this court reported as 2012 (2) raj390delhi ..... vishal engineers & builders vs. indian oil corporation ltd; 2007 (5) raj608(delhi) to contend that the arbitrator being the creature of a contract could not have gone beyond the contract. he also stated that the respondent was required to prove the loss suffered by it in consequence of breach of ..... contract committed by the petitioner.13. having considered the submissions made by learned counsel for the petitioner, suffice to state, meaningfully read the .....

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