Skip to content


Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: chennai Year: 2013 Page 1 of about 19 results (0.082 seconds)

Jan 08 2013 (HC)

Misha Power Pvt Ltd Vs. Tangedco Ltd

Court : Chennai

Decided on : Jan-08-2013

..... 2012 is not maintainable and deserves to be dismissed. 9.3. it is a registered company under the provisions of indian companies act, 1956. subsequent to pre-bid meeting, the participants were asked to submit queries in the prescribed format on or before 31st january, 2012 as communicated by chief engineer (p&c) vide letter no: ce/p&c ..... in issuing the impugned corrigendum, this court is restrained to interfere with the same.34. also, in the matter of formulating conditions of a tender document and awarding a contract of the nature of ensuring design, engineering, manufacture, supply, installation, testing, commissioning, operation and maintenance of automatic power factor correction panels and associated materials for dynamic reactive ..... to power utilities/seb's/power distribution companies in india. necessary testimonials in this regard should be furnished, i.e., proof of manufacture, proof of purchase orders/contracts and supply confirmation by end user, commissioning reports/certificates. in case the bidder outsources capacitor for the proposed apfc panels then the bidder shall also furnish along with ..... been supplied to power utilities/sebs/power distribution companies in india. necessary testimonials in this regard should be furnished i.e. proof of manufacturer, proof of purchase orders/contracts and supply confirmation by end user, commissioning reports/ certificates. in case the bidder outsources capacitor for the proposed apfc panels then the bidder shall also furnish along with .....

Tag this Judgment!

Jan 28 2013 (HC)

M/S.Energo Engineering Projects Ltd., Vs. 1)sri Aishwarya Construction ...

Court : Chennai

Decided on : Jan-28-2013

..... arising out of in connection with or in relation with this contract or any of the contract documents, which cannot be settled amicable between the parties, hereto, shall be settled by arbitration in accordance with the rules of indian arbitration and conciliation act, 1996, by three arbitrators selected in accordance with said rules ..... to the opposite party ignoring the principles laid down under sections 14(1)(a) and 41(e) of the specific relief act, which clearly show that if a contract which by its very nature is determinable, no injunction could be granted erroneously to stall the entire project to produce electricity. ..... the said order, the present appeal has been filed.3. learned counsel for the appellant would heavily contend that when there is a contract of work by registered agreement dated 17.06.2011 entered into between the appellant and the 1st respondent specifically saying that in case of ..... the work given to the 1st respondent by way of sub contract includes excavation of soils including disposal, backfilling, de watering, compaction, hard rock excavation laying plain cement concrete for foundation, plinth beam for grade slab, bottom core formation etc. the appellant also took a bank guarantee from the 1st ..... respondent on 29.12.2011 for a sum of rs.35 lakhs and as per the agreement clause, the bank guarantee shall remain valid till the completion period of civil works. after the sub contract was .....

Tag this Judgment!

Jan 29 2013 (HC)

M.Arumugam Vs. State of Tamil Nadu

Court : Chennai

Decided on : Jan-29-2013

..... - qualifications for membership of society (1)(a) subject to the provisions of section 23 -- (i) any individual competent to contract under section 11 of the indian contract act, 1872, (central act ix of 1872), (ii) any other registered society, (iii) the government, and (iv) any body of persons whether incorporated or not and whether or not established ..... is subject to its operation. the stream cannot rise higher than the source." 36. the apex court held that in the absence of any prohibition in the act against the formation of a society for a particular community or origin, it could not be held that the confining of membership, as was done by the bye-law, was ..... the amendment and serve the members, particularly those from economically weaker sections on board. the amendment to the constitution thus touches on five important aspects, namely, on voluntary formation, autonomous functioning, democratic member-control, member-economic participation.51. in the background of the amendment thus brought into the constitution, the various contentions raised by the petitioners as ..... unions or co-operative societies; (d) to move freely throughout the territory of india; .............. 43-b. promotion of co-operative societies - the state shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies. part ixb the co-operative societies 243 h. definitions.-- in this part, unless the context otherwise requires,-- (a .....

Tag this Judgment!

Apr 30 2013 (HC)

Indiabulls Housing Finance Limited Vs. Green Gardens Private Limited

Court : Chennai

Decided on : Apr-30-2013

..... payment/repayment of amount payable under the loan agreement without further notice. the contention therefore was, that this notice satisfied the requirement of section 176 r/w 177 of the indian contract act. iv) in support of this contention, learned senior counsel placed reliance on the judgment of this court in the case of kesarimal vs. gundatathula suryanarayanmurthy and another, air 192.madras ..... otherwise arrived at because of the unequal bargaining power would not only be ultra vires article 14 of the constitution of india but also hit by section 23 of the indian contract act. in ongc (supra), this court, apart from the three grounds stated in renusagar (supra), added another ground thereto for exercise of the court's jurisdiction in setting aside the award ..... central inland water transport corporation ltd. v. brojo nath ganguly [(1986) 3 scc 156.wherein the applicability of the expression 'public policy' on the touchstone of section 23 of the indian contract act and article 14 of the constitution of india came to be considered. this court therein was dealing with unequal bargaining power of the workmen and the employer and came to ..... suggestion that his opinion was only based on what counsel for the pledgors had told him about the proceedings. his opinion was based on his search for relevant information and formation of opinion. his opinion was based on information from nse.india.com and bse.india.com. he did not know dw1. to a question whether as an expert it did .....

Tag this Judgment!

Nov 28 2013 (HC)

A-2459 the Coats Viyella Employees Vs. 1. Harvey Nagar Residents

Court : Chennai

Decided on : Nov-28-2013

..... vs.punau (air1961mp176.144. at this stage, it is to be remembered that a sale for valid consideration is not hit by section 23 of the indian contract act, 1872, as per decision tribeni pd. rastogi vs. basudeo pd.rastogi (air1980patna220. as a matter of fact, the title of vendor passes to the ..... madras assigned the said lands in favour of the society. later, the society submitted a plan approval and lay out on 16/8/1971 for the formation of harvey nagar. the town planning officer of madurai corporation, approved plan in l.p.a.no.18 of 1967. out of 14 acres and ..... snapped as a result of any negligence of the grid corporation and under which circumstances the deceased has come in contract with the wire. in view of the specific defences raised by the grid corporation in each of these cases it deserved an opportunity to prove ..... corporation. the mere fact that the wire of the electric transmission line belonging to the grid corporation had snapped and the deceased had come in contract with the same and had died was not by itself sufficient for awarding compensation. it also required to be examined whether the wire had ..... the land for public purpose.". and also cites the decision in1 k.rajamani and3others vs. alamunagar residents' welfare association, a society registered under the societies registration act, having its registration no.131/2005 1-a alamu nagar, sathi road, coimbatore641012, rep. by its president m.balasubramanian and3others {2011 (1) ctc257and 258 .....

Tag this Judgment!

Jan 31 2013 (HC)

T.Saikrishnan Vs. Narendran

Court : Chennai

Decided on : Jan-31-2013

..... " and "service provider". 11.1. section 2 (1) (e) defines the word "licensee" as under: "licensee" means any person licensed under sub-section (1) of section 4 of the indian telegraph act,1885 (13 of 1885) for providing specified public communication services. 11.2. section 2 (1) (ea) defines the word "licensor" as follows : "licensor" means the central government or the telegraph ..... transmitted in analogue form and the pay channels for which the subscription charges were required to be paid to the broadcasters were transmitted via set top boxes (stb) in digitalized format. 9 the amendment notified mandates every consumer to own a stb irrespective of fta or pay channels. it also bans the re-transmission of pure analogue system and every house ..... appellant accepted it. a letter of intent was also issued. the respondent accepted and started negotiating for certain modifications, which apparently the appellant was willing to consider. but ultimately, the contract did not come into being. the licence was not actually granted. it is the case of the appellant that the appellant had suffered considerable loss because of the respondent walking ..... given a letter of intent regarding the karnataka circle, who had accepted the letter of intent but was trying to negotiate some further terms of common interest before a formal contract was entered into and the work was to be started. to exclude disputes arising between the parties thereafter on the failure of the .....

Tag this Judgment!

Jun 07 2013 (HC)

Southern Railway Mazdoor Union Vs. Mazdoor Welfare Trust

Court : Chennai

Decided on : Jun-07-2013

..... clause of the deed stipulated that in respect of all the other matters not specifically provided therein, the provisions of the indian trusts act would apply. in other words, the indian trusts act, 1882, which is not normally applicable to public charitable trusts, is made applicable by a provision incorporated in the deed itself ..... letter dated 17.11.1995 issued by the general manager of the southern railways calling upon the founder managing trustee to furnish information about the formation of the mazdoor welfare trust and its link with southern railway mazdoor union. in response to ex.p15, namasivayam wrote a letter dated 06. ..... may be necessary, to receive grants, donations, gifts and such other sources for improving the infrastructure of the institutions. (f) to enter into contracts and to execute documents for the development of the trust and such documents shall be executed by the chairperson and another trustee as may be nominated by ..... to be elected or nominated as a trustee. (2) no one who is associated with or interested in any individual or institution, to whom a contract has been awarded by the trust, shall be eligible to be elected or nominated as a trustee. v. tenure of office: (1) every ..... the above documents, namely, exx.p1 to p22 (except ex.p19), which show the role played by the workers and the union in the formation of the trust and the establishment of the college, the plaintiffs have also filed the audit certificate for the years 1988-89, audit certificate for .....

Tag this Judgment!

Nov 07 2013 (HC)

Verizon Communications Singapore Pte Ltd. Vs. Income Tax Officer of In ...

Court : Chennai

Decided on : Nov-07-2013

..... case of the appellant seeking dissection of the same as two independent contract.94. learned senior counsel appearing for the assessee submitted that the master agreement is a template format used across all contracts globally and the service performance consideration would vary from country to country. because of the indian regulatory restriction, the assessee is disabled in providing bandwidth services within ..... such case, the excess part of the payments shall remain taxable according to the laws of each contracting state, due regard being had to the other provisions of this agreement.".100. the definition of 'royalty' under dtaa and the indian income tax act are in parimateria. as rightly pointed out by the revenue, explanation 6 defines 'process' to mean ..... ). once again, the authority for advance ruling considered the scope of explanation 2 to section 9(1)(vi) and (vii) of the income tax act. the facts were that the indian company which was part of cable and wireless group of companies was engaged in the business of providing long distance and domestic long distance telecommunication services in ..... of the double taxation avoidance agreement is entitled to seek the benefits thereunder, even if the provisions of the double taxation avoidance agreement are inconsistent with those of the act.24. touching on the principles adopted for interpretation of treaties, the apex court pointed out ".the interpretation of provisions of an international treaty, including one for double taxation .....

Tag this Judgment!

Jun 26 2013 (HC)

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

Decided on : Jun-26-2013

..... i.e., a percentage of revenue earned from selling the tickets goes to the theatre owner and the balance goes to the distributor. the two contracting parties act on the basis of the agreement and depending on the terms of the agreement, service is provided by either side. this kind of arrangement revenue ..... t.v. channels, audio/video, etc. the right given to the distributor is restricted to exploiting the contents of the film through a film/digital format through exhibition in theatres in a specific area and for specified time. even though the copyright of the film is assigned to a distributor for a specific ..... permitting the use or enjoyment of copyright, except the rights covered under sub-clause (a) of sub-section (1) of section 13 of the indian copyright act for the period from 1.7.2010 to 31.06.2012 and the period from 01.4.2013 onwards since the levy of service tax on ..... transfer or permitting the use or enjoyment of a copyright covered under clause (a) or (b) of sub-section (1) of section 13 of the indian copyright act relating to original literary, dramatic, musical, artistic works. 5. notification no.25 of 2012 was amended by notification no.3 of 2013 w.e.f. ..... done by the petitioners, there are no two economic events and there is only one i.e., deemed sale.100. in kerala state electricity board vs. indian aluminium company, [air1976sc1031at 1044]., a reference has been made to the 'aspect of legislation', wherein the hon'ble supreme court held a legislature while legislating .....

Tag this Judgment!

Jun 26 2013 (HC)

Mediaone Global Entertainment Ltd. Vs. Chief Commissioner of Central E ...

Court : Chennai

Decided on : Jun-26-2013

..... pay service tax under section 65(105)(zzzz). insofar as revenue sharing arrangement between the distributor and the theatre owner, the circular stated that in such type of arrangements two contracting parties act on principal to principal basis and one does not provide service to another. hence, in such arrangement the activities are not covered under service tax. the said circular no ..... reads as under: ".temporary transfer or permitting the use or enjoyment of a copyright covered under clauses (a) or (b) of sub-section (1) of section 13 of the indian copyright act, 1957 (14 of 1957), relating to original literary, dramatic, musical, artistic works or cinematograph films.".49. under notification no.3/2013-s.t dated 1.3.2013, entry no ..... of immovable property [section 65(105) (zzzz)]. and (ii) support services of business or commerce .[section 65(104c)].15. in 2009, a query had been raised by the field formation as to whether the activity of screening of film supplied by a film distributor would fall under any of the taxable services and accordingly, whether the theatre owners are required ..... permitting or use or enjoyment of the copyrights (section 65(105)(zzzzt). representations were received requesting clarification on taxability of consideration earned by the distributors/sub-distributors/area distributors of indian & foreign films in the form of 'revenue share' from the exhibitors of the movie, and on revenue retained as percentage by the exhibitors of the movie from the sale .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //