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 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-14-2015
..... whether writ petition was maintainable challenging this g.d., as according to the respondent state the appointment of these government counsel was purely contractual and writ petition to enforce the contract was not maintainable. after noticing this argument of the respondents, the supreme court formulated the question to be decided in the said case, in the following words: the ..... that it was in relation to foreign companies to be engaged in exploration, development and production of oil ion small sized oil and gas fields under the proposed production sharing contract , thus, drawing no distinction between fields to be explored and those already discovered and also making specific reference to the mpsc. taking sustenance from the aforesaid material, a ..... to pass mandamus for amending the pscs. all these issues are formulated in the precise form hereunder: (i) whether in terms of the provisions contained in two production sharing contracts (pscs) dated 20-02-1995 executed between the appellant and the central government, appellant is entitled to the special allowances stipulated under section 42 of the act?. (ii) ..... predicated on the following grounds: (a) the ministry of petroleum & natural gas (mopng) had invited bids for the said oilfields on the basis of a model production sharing contract (mpsc) which specifically and unequivocally provided that the benefit of section 42 would be granted. (b) the appellant's bids for the said two oilfields were clearly and indisputably .....Tag this Judgment!
Court : Delhi
Decided on : May-12-2015
..... was yet to be entered into between the parties. thus this letter was clearly only a letter of intent letter of comfort and not enforceable as a contract. 28 all these issues are accordingly decided in against the plaintiff and in favour of the defendant. relief:29. plaintiff is not entitled to any relief ..... the supreme court had reiterated that a letter of intent cannot be said to be an agreement for simple reason that according to section 8 of the contract act, only after certain obligations were performed by one party, could they be said to have accepted the proposal. 27 the apex court in (2006 ..... for the plaintiff on the judgment of (2008) 13 scc597bharat sanchar nigam ltd. and anr. vs. bpl mobile cellular limited is misplaced. section 8 of the contract act has no application to the facts of the instant case. 25 in (2009) 1 scc475speech and software technologies (india) private limited vs. neos interactive ..... 16 it had been vehemently argued by learned counsel for the defendant that thus it was only a letter of intent and was not a concluded contract. in this context dw-1 in his cross-examination has not shifted his stand. he denied the suggestion that the plaintiff had suffered any losses ..... 9.2008 was only a letter of intent and parties were only negotiating the terms of agreement which was yet to be completed into a binding contract. the defence being that the authorization clause of the aforenoted documents clearly show that it was only a comfort letter given during the course of .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-14-2015
..... by the petitioner. the petitioner herein filed a rebuttal statement wherein the allegations of the respondent company as to the failure of the petitioner in discharging its obligations under the contract were denied. it was the case of the neycer that because of the high standard of its products and popularity of its brand several entrepreneurs had approached it for ..... and obliged to commission the plant on or before november 19, 1988. but the petitioner neglected, refused and delayed to impart the requisite expertise and perform its obligations under the contract. in the month of december 1988, two meetings were held between the parties and it was further pointed out by the respondent about the failure, neglect and inordinate delay ..... bench observed that the courts hearing applications under section 30 of the act do not exercise any appellate jurisdiction. reappraisal of evidence by the court is impermissible. interpretation of a contract is a matter for the arbitrator to determine. even in a case where the award contains reasons, interference will still not be available within the jurisdiction of the court ..... arbitrator had acted correctly or incorrectly. the high court had no jurisdiction to examine the different items awarded, clause by clause, by the arbitrator and to hold that under the contract these were not sustainable in the facts found by the arbitrator. sudarsan trading company (supra) is also an authority for a proposition that reasonableness of the reasons given by .....Tag this Judgment!
Court : Jharkhand
Decided on : Nov-19-2015
..... of orissa & ors. reported in (2007) 14 scc517 the hon ble supreme court while considering catena of judgments on the issue of judicial review with respect to award of contracts has held thus:- 22. judicial review of administrative action is intended to prevent arbitrariness, irrationality, unreasonableness, bias and mala fides. its purpose is to check whether choice or decision ..... there is an overwhelming public interest in entertaining the petition, the court should intervene.14. where there is an allegation of mala fides or an allegation that the contract has been entered into for collateral purposes and the court is satisfied on the material before it that the allegation needs further examination, the court would be entitled to ..... process subject to such terms and conditions, which will be prescribed by the municipal corporation. new terms and conditions have been prescribed apparently bearing in mind the nature of contract, which is only collection of octroi as an agent and depositing the same with the corporation. in addition, earnest money and the performance of bank guarantee are insisted upon ..... quality, or performance of the works; (b) which limits in any substantial way, inconsistent with the bidding documents, the employer s rights or the bidder s obligations under the contract; or (c) whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids. 26.3 if a financial bid is not substantially responsive, it will .....Tag this Judgment!
Court : Delhi
Decided on : Oct-29-2015
..... the matter regarding grant of road cutting permission by the local authorities. in view of the clear prescription contained in clause 126.96.36.199 of special conditions of contract requiring the plaintiff to obtain road cutting permission from the local authorities, the plaintiff could not have shunned its obligation of obtaining the road cutting permission and putting the ..... same.d) there was no obligation on the defendant to obtain road cutting permission from local authorities. on the contrary, clause 188.8.131.52 of special conditions of contract prescribed that for areas which require special permission from any other authority, separate drawing shall be prepared by the contractor for getting permission from appropriate authority. such permission can ..... breaching the essential term of the contract concerning quality of the material to be used in laying of the pipes.c) drawings of valves were not required to be approved by the defendant since specifications regarding ..... arranging ms plates in time due to family problemsand sought extension of time for completion of work till february, 2007. further, clause 1.4.1 of special conditions of contract required the plaintiff to procure ms plates from reputed manufacturers like sail, tisco and jindal but plaintiff procured ms plates from open market, that too after considerably delay, thereby .....Tag this Judgment!
Court : Delhi
Decided on : Oct-13-2015
..... all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract. (2) the background was famously referred to by lord wilberforce as the matrix of fact, but this phrase is, if anything, an ..... to the relevant clauses inter se the parties in the present case it would be appropriate to note a few decisions on the interpretation of a contract. 28. the house of lords in  1 wlr 896 investors compensation scheme ltd. vs. west bromwich building society summarized the principle of ..... ii). in such cases the claim for refund is maintainable by virtue of the declaration contained in article 265 as also under section 72 of the contract act as explained hereinbefore subject, to one exception : where a person approaches the high court or supreme court challenging the constitutional validity of a ..... the burden of any tax arising out of obligations of the respondent under the contract would be borne by the respondent. ? 17. sections 65 (105) states taxabale servicemeans any service provided or to be provided: (zzzz) ..to ..... . this statutory provision can be of no relevance to determine the rights and liabilities between the appellant and the respondent as agreed in the contract between two of them. there was nothing in law to prevent the appellant from entering into an agreement with the respondent handling contractor that .....Tag this Judgment!
Court : Delhi
Decided on : Sep-11-2015
..... pradesh high court held that generally when the licensee acting under the terms of licence had made a permanent structure the licence was irrevocable, but parties might contract otherwise and if the contract conferring licence provided that the licence could be terminated under certain circumstances even though the licensee had made a permanent structure, section 60(b) would not be ..... otherwise be unlawful. a licence can be purely personal, gratuitous or contractual. whether a contractual licence is revocable or not, would obviously depend on the express terms of the contract. a contractual licence is normally revocable, except in certain circumstances that are expressly provided for in the easements act, 1882. 40. a licence has been defined in section 52 ..... the court further observed that the writ jurisdiction of high courts under article 226 was not intended to facilitate avoidance of obligations voluntarily incurred. 16..........they entered into a contract with the state authorities with the full knowledge of conditions which they had to carry out in the conduct of their business, on which they had willingly and voluntarily ..... of unjust enrichment applied by the trial court is not applicable to the commercial transactions. the licensee submitted the highest bid which was accepted. the licensee entered into a contract with open eyes and having acted on the same, the licensee is estopped from challenging the terms of the licence deed dated 16th july, 1982. the licensee cannot .....Tag this Judgment!
Court : Delhi
Decided on : Jan-22-2015
..... partners singularly, commit, agree and undertake to oblige and observe standard non-compete, nondisclosure and assignment of inventions agreements with the company. for avoidance of doubts, the duration for standard contract for noncompete agreements with the company states that from the date of the partner s employment with purchaser and for a period of thirty six (36) months after completion date ..... lakhs. (v). respondent no.1, was also appointed as a director of both affle appstudioz pte. ltd., singapore (hq) and atpl. (vi). as per the terms of the employment contract, respondent no.1 was prohibited from accepting any full time or part time employment with any corporation while being employed by affle appstudioz pte. ltd., singapore (hq). (see clause 6 ..... second addendum. it was the learned counsel s submission that this obligation continued to operate notwithstanding the fact that affle appstudioz pte. ltd., singapore (hq) had terminated the employment contract in its capacity as the employer of respondent no.1. 7.2 in so far as the allegation with regard to concealment of material facts was concerned, it was mr ..... in dilution of the petitioner s market share and business value. 3.9 it is, precisely in these circumstances, that affle appstudioz pte. ltd., singapore (hq), terminated the employment contract, it had with respondent no.1. this resulted in respondent no.1 s services as an employee, co- founder and managing director being terminated with immediate effect. as a matter .....Tag this Judgment!
Court : Delhi
Decided on : Mar-18-2015
..... a reasonable time under ordinary circumstances; as soon as circumstances will permit; so much time as is necessary under the circumstances, conveniently to do what the contract requires should be done; some more protracted space than 'directly'; such length of time as may fairly, and properly, and reasonably be allowed or ..... the dictionary meaning of the "reasonable time" is to be so much time as is necessary, under the circumstances, to do conveniently what the contract or duty requires should be done in a particular case. in other words it means as soon as circumstances permit. in law lexicon it is ..... veerayee ammal vs. seeni ammal, air2001sc2920in paragraphs 12,13 and 14 held as follows: 12. when, concededly, the time was not the essence of the contract, the appellant-plaintiff was required to approach the court of law within a reasonable time. a constitution bench of this hon'ble court in chand rani ( ..... sc/0431/1999 where in paragraph 18 the supreme court held as follows: 18. there is another aspect which is relevant. section 171 of the contract act only enables the retention of goods as security. on the other hand in respect of current dues in respect of existing goods in their ..... bankers, factors, wharfingers, attorneys and policy brokers bankers, factors, wharfingers, attorneys of a high court and policy brokers may, in the absence of a contract to the contrary, retain as a security for a general balance of account, any goods bailed to them; but no other person have a right to .....Tag this Judgment!