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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: delhi Page 1 of about 657 results (0.045 seconds)

May 01 1994 (HC)

Aurochem (India) Private Ltd. Vs. the Union of India and ors.

Court : Delhi

Reported in : 1994IIAD(Delhi)837; 1994(29)DRJ492

..... the performance security within the time prescribed related not to the 'pre-contract' era or the 'contract formation' stage but to the 'post-contract' period when the rights of the parties had already stood crystalised in- the contract and hence they shall have to be determined by reference to the provisions of the indian contract act, that being the law applicable in accordance with the terms' of the ..... days of the receipt of notification of award from the purchaser the successful bidder shall furnish the performance security in accordance with the conditions of he contract, in the performance security form as per the format provided in the bidding documents. 34.2 failure of the successful bidder to comply with the requirement of clause 33 or clause 34 shall constitute sufficient ..... provided therein has to be interpreted in accordance with the law of the purchaser's country. sections 55 and 63 of the indian contract act become relevant and applicable. according to section 63 every promisemay dispense with or may remit wholly or, in part, the performance of the promise made to him or may extend ..... contract. the division bench of delhi high court by its order dated 23rd .....

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Mar 30 2016 (HC)

Telefonaktiebolaget LM Ericsson (Publ) Vs. Competition Commission of I ...

Court : Delhi

..... subject matter of the competition act. as discussed earlier, the competition act is directed to prohibit certain anti-competitive agreements, abuse of dominant position and formation of combinations which cause or are likely to cause appreciable adverse effect on competition. plainly, agreements which may otherwise be lawful and enforceable under the general law - such as the indian contract act, 1872 - may still ..... be anti-competitive and fall foul of section 3 of the competition act. similarly, a practice or conduct ..... certain misuse of patent rights. the parliament also introduced sub clause (d) to clause (iii) of subsection (1) of section 140 of the patents act to declare clauses in licences and contracts the effect of which may be "to provide exclusive grant back, prevention to challenges to validity of patent and coercive package licensing", as void. these ..... which may be considered as an abuse under section 4 of the competition act may otherwise but for the said provision be legitimate under the general .....

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Feb 09 2015 (HC)

Choice Hotels International Inc Vs. M Sanjay Kumar and Anr

Court : Delhi

..... instantaneous once the communication link had been 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 make any rule in that behalf ..... 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 to make any rule in that ..... the parties being in a sense in 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 that the supreme court had ..... telephone to the plaintiffs. in doing so, the supreme court considered the relevant provisions of the indian contract act, 1872 as also the common law of england. the supreme court also undertook to compare contracts concluded over the post and telegraph on the one hand and contracts concluded over the telephone on the other. the supreme court noted that acceptance and intimation of .....

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Dec 20 2013 (HC)

John Smedly Ltd. Vs. Blues Clothing Company Pvt. Ltd.

Court : Delhi

..... validity and all aspects of the contract shall be governed by english law and any disputes shall be resolved exclusively in the english courts . ..... the second contention is that under the indian contract act, 1872, in case of breach of settlement, the uk company ..... the main contention of the indian company, respondent herein, is three-fold. it first contends that as per the terms and conditions of the contract, the uk company can have recourse only under the english law in case of disputes and the indian courts have no jurisdiction. the following clause in the contract is relied upon: 20.8. the formation, existence, construction, performance, ..... can only file a suit for specific performance and cannot have recourse to winding-up proceedings. it is finally contended that the demand notice required to be served under section 434(1)(a) of the act was not served.6. none of .....

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Oct 15 2014 (HC)

World Wrestling Entertainment, Inc. Vs. M/S Reshma Collection and ors

Court : Delhi

..... 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 to make any rule in that ..... once the communication link had been 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 make any rule in that behalf ..... parties being in a sense in 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 inapplicable.? (underlining added) 22. it is interesting to note that the supreme court had observed ..... telephone to the plaintiffs.? in doing so, the supreme court considered the relevant provisions of the indian contract act, 1872 as also the common law of england. the supreme court also undertook to compare contracts concluded over the post and telegraph on the one hand and contracts concluded over the telephone on the other. the supreme court noted that acceptance and intimation of .....

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May 06 1999 (HC)

Karamchand Appliances Pvt. Ltd. Vs. M/S. Bharat Carpets Ltd. and Other ...

Court : Delhi

Reported in : 1999IIIAD(Delhi)749; [2001]103CompCas552(Delhi); 79(1999)DLT441; 1999(49)DRJ637

..... feel that in the event of execution of sale deed in the format furnished by the applicant, the applicant company will acquire a clear title in the lands in question and no cause for applicant's grievance in this behalf will survive. 10. relying on section 20 of the indian contract act, 1872, it was submitted by learned counsel for the applicant that since .....

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May 14 2013 (HC)

M/S Weston Tubes (Pvt) Limited Vs. National Insurance Company Ltd. and ...

Court : Delhi

..... of law, it would be seen that basic principles of law of contract, as enunciated in sections 3, 4 and 7 of the indian contract act, are applicable to the insurance contracts as well in the sense that for the formation of a contract, there has to be a proposal followed by an acceptance, and communication ..... thereof to the proposer.27. in the instant case, the tender of a cheque of premium itself would not create an insurance contract ..... five hundred and two only) and pendente lite and future interest @ 24% p.a.2. the plaintiff is a company incorporated under the indian companies act, 1956 and is engaged in the manufacture and sale of pvc flexible pipes and compounds. the defendant no.1 is an insurance company having its ..... no. v; that would further show that there was no acceptance by the defendant much less the communication thereof to the plaintiff. the insurance contract does not come into existence with the tender of cheque alone. there has to be necessarily acceptance and communication thereof to the plaintiff by ..... makes the payment only after the amount is accepted by the insured in full and final payment.11. it is additionally contended that a contract of insurance is complete only after the proposal is accepted and that mere delivery of a letter enclosing the cheque for enhancement of the .....

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Nov 24 1997 (HC)

People Co-operative Labour and Construction Society Ltd. Vs. Union of ...

Court : Delhi

Reported in : 71(1997)DLT106

..... section 14 of the indian arbitration act, 1940 for filing of the award dated march 7, 1988 along with proceedings and for making the same rule of the court. (2) the brief facts are that the petitioner entered into a contract with the respondent-union of india through the executive engineer, floor control drainagedivision-v, delhi administration, regarding the work 'formation of designed section ..... any reason, such chief engineer or administrative head as aforesaid at the time of such transfer, vacation of office or inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the contract. such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. it is also ..... a term of this contract that no person other than a person appointed by such chief engineer or administrative head of the c.w.p.d. as aforesaid should act as arbitrator and, if for any reason that is not possible, the matter is not to be referred ..... , after written notice by either party to the contract to the other of them, be referred to the sole arbitration of an engineer officer to be appointed by the authority mentioned in the tender documents.' if the arbitrator so appointed resigns his appointment or vacates his office or is unable or unwilling to act due to any reason whatsoever, the authority appointing .....

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Jul 10 1997 (TRI)

Capital Rubber Industries Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

..... surmises. he also contended that according to the provisions of indian partnership act, no particular formalities were required for an agreement of partnership and that even writing was not necessary. he contended that the partnership could be formed by parole and that a contract expressed or implied was only essential to the formation of partnership and that the relation arises out of a mutual ..... date of partnership deed, i.e., 29th november, 1985, we feel that the contentions of the learned counsel deserve to be accepted having regard to the provisions of the partnership act, 1932. in view of the said position, we feel that the cost of the plot has to be taken with reference to the total amount paid to huda and that ..... evidence, the learned counsel submitted that at best the partnership firm has to be treated as genuine from 29th november, 1985, though in terms of the provisions of the partnership act, even an oral agreement between the parties is recognised for constituting a partnership and the intention and conduct of the parties is relevant to determine that a partnership has come ..... into by two or more persons, the agreement must be to share the profits of business and the business must be carried on by all or any of those persons acting for all. he held that all the said elements must be present before a group of persons who can be held to be partners of a partnership. in view of .....

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Jul 10 1997 (HC)

Capital Rubber Industries Vs. Deputy Commissioner of Income-tax.

Court : Delhi

Reported in : (1998)60TTJ(Del)71

..... surmises. he also contended that according to the provisions of indian partnership act, no particular formalities were required for an agreement of partnership and that even writing was not necessary. he contended that the partnership could be formed by parole and that a contract expressed or implied was only essential to the formation of partnership and that the relation arises out of a mutual ..... date of partnership deed, i.e., 29th november, 1985, we feel that the contentions of the learned counsel deserve to be accepted having regard to the provisions of the partnership act, 1932. in view of the said position, we feel that the cost of the plot has to be taken with reference to the total amount paid to huda and that ..... evidence, the learned counsel submitted that at best the partnership firm has to be treated as genuine from 29th november, 1985, though in terms of the provisions of the partnership act, even an oral agreement between the parties is recognised for constituting a partnership and the intention and conduct of the parties is relevant to determine that a partnership has come ..... into by two or more persons, the agreement must be to share the profits of business and the business must be carried on by all or any of those persons acting for all. he held that all the said elements must be present before a group of persons who can be held to be partners of a partnership. in view of .....

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