Court : Supreme Court of India
Decided on : Apr-09-2015
..... disqualification. section 9a categorically declares that a person entering into contractual relationship with the appropriate government shall be disqualified only "for so long as there subsists a contract". therefore, learned counsel submitted that the moment the contractual relationship comes to an end, the disqualification also ceases. an adjudication (under article 192 by the governor ..... of any works undertaken by the government be eternally disqualified for contesting an election to the legislature. the disqualification subsists only so long as the contract subsists. the moment the contract ceases to subsist the disqualification also ceases to exist. it is therefore, submitted that if the construction suggested by the petitioner is not accepted, ..... prescribe any supervening disqualification, shri rawal emphasised on the language of section 9a more particularly the clause which says "for so long as there subsists a contract......". according to the learned counsel, the legislature never contemplated that any person who enters into contractual relationship with the government either to supply goods or for ..... "existing disqualification" but it does not render a legislator disqualified from continuing as such on the ground that such legislator subsequent to his election entered into a contract with the appropriate government. therefore, the petition did not incur any disqualification. even if the petitioner is to be held to have incurred a disqualification, such disqualification .....Tag this Judgment!
Court : Delhi
Decided on : Apr-15-2015
..... into account adverse material would amount to blacklisting of the petitioner, is not acceptable. blacklisting would occur where the petitioner is prohibited from participating in all contracts during the stipulated period. the petitioner has not been prohibited from participating. on an evaluation of the bid/proposal, the technical committee and the tender evaluation ..... of the works; which limits in any substantial way, is inconsistent with the tender documents, the employer's right or the tenderer's obligations under the contract; or whose rectification would affect unfairly the competitive position of other tenderers presenting responsive tenders. tender having any material deviation or reservation shall be disqualified and rejected ..... committee while considering the technical competence performance capability of the bidder were entitled to take into account the material with regard to the execution/progress of other contracts that came to the knowledge of the committees to decide the suitability and acceptability or =============================================================== otherwise of the bidders. it is contended that the same ..... l-1. it is further contended that on account of the action of the respondent no.1, there is substantial loss to the public exchequer and the contract is being awarded to a bidder whose bid is substantially higher than that of the petitioner. =============================================================== 8. per contra, the respondent no.1 has contended .....Tag this Judgment!
Court : Delhi
Decided on : May-22-2015
..... time, it runs in six and seven figures. it may not be proper to burden a party, who contends that the dispute is not arbitrable on account of discharge of contract, with huge cost of arbitration merely because plea of fraud, coercion, duress or undue influence has been taken by the claimant. a bald plea of fraud, coercion, duress or undue ..... of incorporating the arbitration clause in the contract. there should be a specific reference to the arbitration clause.35. accordingly, in the present case the only reference of the mandate letter in the call option agreements and the ..... ltd. reported as 2009 (3) r.a.j.448 (sc), wherein it was held that an arbitration clause in an independent document would be incorporated in the contract between the parties if the contract makes a clear reference to the document which indicates an intention to incorporate the arbitration clause. a general reference to the independent document would not have the effect ..... and conditions of an independent trade or professional institution (as for example the standard terms & 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 reference. sometimes the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-30-2015
..... of madras v. gannon dunkerley & co. (madras) ltd. the states could not levy sales tax on sale of goods involved in a works contract because the contract was indivisible. all that has happened in law after the 46th amendment and the judgment of this court in 'builders' case is that it is ..... in state of madras v gannon dunkerley and co., the state could not levy sales-tax on sale of goods involved in a work's contract because the contract was indivisible. all that has happened in law after the 46th amendment and the judgment of this court in builders case (supra) is ..... cases. the reading of following passages from the said judgment is indicative of providing complete answer to the arguments of the respondent assessees herein:"4. whether contract involved a dominant intention to transfer the property in goods, in our view, is not at all material. it is not necessary to ascertain what ..... , includes a tax on the transfer of property in goods whether as goods or in the form other than goods involved in the execution of works contract. the taxable event is deemed sale.63. gannon dunkerley-i (supra) and few other decisions following gannon dunkerley-i (supra) wherein the expression "sale ..... transactions referred to in sub-clauses (a) to (f). to put it tersely, with the aforesaid amendment, the states are empowered to make the works contract divisible and tax "sale of goods" component. it clearly follows therefrom that the restricted meaning which was assigned to the expression "sale of goods" in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-07-2015
..... the present case as in the instant case, as has been held earlier, there have been violations of the terms and conditions of the contract of insurance. we are compelled to observe that the said decision possibly has been cited as an authority as the respondent-corporation was also the ..... arose when the default of the exporter occurred and thereafter when the kazakhstan government failed to fulfil its guarantee. there is no allegation that the contracts in question were obtained either by fraud or by misrepresentation. in such factual situation, we are of the opinion, the facts of this ..... state that the learned single judge had erroneously applied the law and further came to hold that the insured had violated certain terms of the contract. this court referred to number of decisions as regards the maintainability of the writ petition and expressed the view that merely because one of the ..... insurance co. ltd. v. sony cheriyan., wherein it has been held thus:- the insurance policy between the insurer and the insured represents a contract between the parties. since the insurer undertakes to compensate the loss suffered by the insured on account of risks covered by the insurance policy, the ..... drawn our attention to baj (run off) ltd. v. durham and others., wherein the supreme court of united kingdom, while interpreting the contract of insurance has opined:- to resolve these questions it is necessary to avoid over-concentration on the meaning of single words or phrases viewed in isolation .....Tag this Judgment!
Court : Delhi
Decided on : Jul-17-2015
..... seat would be london and that venue is only a misnomer. the parties having chosen the indian arbitration act, 1996 as the law governing the substantive contract, the agreement to arbitrate and the performance of the agreement and the law governing the conduct of the arbitration; it would, therefore, in our opinion, ..... arbitration.99. we are fortified in taking the aforesaid view since all the three laws applicable in arbitration proceedings are indian laws. the law governing the contract, the law governing the arbitration agreement and the law of arbitration/curial law are all stated to be indian. in such circumstances, the observation in ..... with the arbitration. he pointed out that in the present case provisions of the indian arbitration act, 1996 are to apply; substantive law of the contract is indian law; law governing the arbitration is indian arbitration law; curial law is that of india; patents law is that of india; ipla is ..... to me in the work order that this work order dated 3.11.2010 states that it is executed at delhi. (ii) even performance of the contract is admittedly not at delhi because the work order was to be executed by erection, testing and commissioning of the boiler units at mandwa, wardha district, ..... .3. territorial jurisdiction of this court is claimed on the basis of paras 55.6.0 and 55.7.0 of the general conditions of contract which give exclusive jurisdiction to the courts at new delhi.4. it is trite and a settled principle of law that parties by consent cannot .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-28-2015
..... india; and (b) the rest period or leave period which is preceded and succeeded by services rendered in india and forms part of the service contract of employment, shall be regarded as income earned in india." the finance act 1999 which followed the bill incorporated the substituted explanation to section (9)(1 ..... (c) whether in the facts and circumstances of the case, the appellate tribunal erred in law in holding that the activity undertaken by the appellant under contracts entered into prior to 7.7.2009 is taxable ? ? 3. heard shri sridharan, learned senior counsel appearing on behalf of the appellant. the learned ..... singapore, on bareboat charter basis. as per the contract, the appellant was required to provide the drilling rig, equipment and crew for drilling operations as specified by ongc in the continental shelf and exclusive ..... they were required to provide offshore drilling services to ongc in terms of the contract dated 27.2.2009 and 8.5.2009. these rigs were hired by the appellant from m/s. greatship global energy services pte. ltd., ..... st dated 27.2.2010. 2. the facts which are not in much dispute are as under :- (a) the appellant had entered into two contracts with m/s. oil and natural gas corporation limited (ongc) for supply of cantilever type jack-up rigs named, greatdrill chetna and greatdrill chitra. .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-21-2015
..... the ongc. the learned arbitrator accordingly rejected the contention of the petitioner that the de-escalation of the freight/transportation charges was contrary to clause 3.3 of the contract. 62. consequently, the learned arbitrator has also held that the act of the petitioner in refusing to perform the obligation under the work orders was unwarranted and ..... or not is thus irrelevant. the parties never intended to relate performance bank guarantee to any loss. since the petitioner had committed the breaches on their part under the contract, the respondent was entitled to encash the performance bank guarantees and to appropriate the amounts therein. 45. learned counsel for the respondent submits that the parties had contemplated ..... the respondent in deducting any amount from the freight / transportation charges and their action was thus justified. he submits that the learned arbitrator has interpreted the provision of contract which interpretation is possible interpretation and thus cannot be substituted by any other interpretation by this court under section 34 of the arbitration and conciliation act, 1996. 44. ..... arbitrator cannot be interfered with by this court under section 34 of the arbitration and conciliation act, 1996. learned counsel invited my attention to various provisions of the contract referred to aforesaid and would submit that the performance guarantees executed by the petitioner was an independent guarantee in order to secure the performance of the obligation of the .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-10-2015
..... code of civil procedure. in so observing, the learned judge has overlooked that the dispute which had arisen between the parties fell under the purchase orders which formed a contract between the parties. thus, necessarily the dispute in question arose out of the purchase orders wherein the parties explicitly agreed the same to be subject to the jurisdiction of ..... the court to the exclusion of others. the maxim 'expressiounius est exclusio alterius' applies, which means expression of one is the exclusion of another. by a stipulation in the contract the parties in the present case by subjecting themselves to the jurisdiction of the navasari court, have excluded the jurisdiction of other courts. the word 'only' in the jurisdiction clause ..... statement of account stands dehors the purchase order and hence the summary suit was maintainable at mumbai, is an erroneous conclusion. it is submitted that the jurisdiction clause in the contract has been completely overlooked by the learned trial judge while applying the provisions of section 20(c) of the code of civil procedure. in support of the submission that ..... outstanding dues of rs.40,22,294/-. ? in the contention of the petitioner, reading of the aforesaid averments clearly indicates that the respondents were pursuing their claims under the contract arrived between the parties under the said purchase orders. the learned counsel for the petitioner has drawn my attention to the jurisdiction clause in the purchase order whereby the parties .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-23-2015
..... of 16th march 2012. on 9th april 2012, the supreme court issued notice and, in the meantime, directed that the appellate order enabling sergi to execute its contract with dtl, would continue to operate subject to the conditions in that order (vol. c, comp. 4, pt. ii, pp. 324-325). 46. ctr ..... ), p. 253-a). 41. on 11th november 2011, ctr filed notice of motion no.655 of 2012 seeking inter alia to restrain sergi from entering into any contracts with the rajasthan raj vidyut prasaran nigam ltd ( rajasthan electricity board ?) pursuant to its tender. on 15th november 2011, this court recorded sergi s undertaking that ..... set aside; sergi s application to submit drawings to dtl was allowed, but with the direction that sergi would take no further steps in execution of the contract till ctr s interim application (ex. 5) was disposed of. this was to be done within four weeks. an application for stay of the order ..... agreed not to infringe, even before the supreme court, and therefore is unaffected by the present order, one that relates to no particular tender or contract. all that sergi is restrained from doing is continuing with the infringement, and that is something it has already agreed not to do. i believe mr ..... to their product. they have simply abandoned their product and are using one that is ctr s. it was impossible for sergi to obtain the dtl contract without infringement. 31. one of the reasons for this, ctr says in paragraph 22 of the plaint, is the very great success of its patented .....Tag this Judgment!