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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Court: punjab and haryana Page 1 of about 77 results (0.051 seconds)

May 12 1961 (HC)

Laxmi Ginning and Oil Mills Vs. Amrit Banaspati Co. Ltd.

Court : Punjab and Haryana

Reported in : AIR1962P& H56

..... p. 38) did not include vidya fund. where in the light of the above correspondence the defendants can take up the plea under section 7 of the indian contract act, namely, the acceptance was conditional, and, therefore, the proposal never matured into a compromise is the main question in this case.(29) mr. r. ..... hand, on behalf of the defendants it has been maintained that the original offer had not been accepted in terms of section 7 of the indian contract act. the so-called acceptance by the defendants was conditional and the law requires that it should be absolute and unqualified. it is also maintained ..... were to be left here, there is no difficulty in construing the terms of the contract and in holding that the contract which had been completed was in strict compliance with s. 7 of the indian contract act which provides that in order to convert a proposal into a compromise, the acceptance must be ..... negotiator between the parties and by his intervention he brings the two principals together in order to enable them to enter into a contract. so far he acts merely as an intermediary, the principal purpose of his employment being to find a purchaser or a seller. but a broker need not ..... .(after stating in paras 1-19 the circumstances including the correspondence exchanged between the parties, which, it was alleged, had led to the formation of the contract in dispute between the parties, the issues which arose on the pleading between the parties and the findings of the trial court on those .....

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May 17 1975 (HC)

The Food Corporation of India and anr. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : [1976]38STC144(P& H)

..... then again, under section 23 of the indian sale of goods act where there is a contract for the sale of unascertained or future goods by description when the goods of that description and in a deliverable state ..... paid for. therefore, in the present case, it would be a sale of unascertained goods. under section 23 of the indian sale of goods act when there is a contract of sale of unascertained goods no property in the goods is transferred to the buyer unless and until the goods are ascertained. ..... are unascertained. the agreements speak of inspection of goods. inspection and appropriation of unascertained goods indicates not only freedom in the formation but also in the performance of contracts. unascertained goods are distinct from specific or ascertained goods in the sense that future goods include goods not yet in existence or ..... delivered and the period of delivery. all these features indicate with unerring accuracy that there is offer, inspection, and appropriation of goods to the contract. the goods will be accepted by the factory after inspection and price will be paid on delivery. the mutual assent is not only implicit but ..... at the controlled rate. the source of the obligations to deliver the specified quantities of wheat and to pay for them is not in any contract, but in the statutory order. in our judgment, clause 3 sets up a machinery for compulsory acquisition by the state government of stocks of .....

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Mar 12 2003 (HC)

Bodh Raj Daulat Ram and ors. Vs. Food Corporation of India and anr.

Court : Punjab and Haryana

Reported in : 2003(2)ARBLR677(P& H); (2003)134PLR360

..... guarantee was furnished on 28.4.1980 much after the stipulated date i.e. 31.3.1980. in these circumstances, there was no concluded agreement or contract between the parties. section 8 of the indian arbitration act deals with the power of the court to appoint arbitrator or umpire in any of the following cases: (a) whether an arbitration agreement provides that the ..... contractual obligations and on the non-fulfilment of their contractual obligation by the firm, fci cancelled the contract and referred the matter under clause 27 to the arbitrator. 18. the learned counsel for the petitioners/firm submitted that the condition precedent for the formation of the contract of deposit of security by the arbitrator was not fulfilled. therefore, no agreement came into existence ..... null and void and non-est in the eye of law. 2. the condition precedent for the formation of contact of deposit of security by the objectors was not fulfilled. therefore no agreement came into existence and as such question of breach of contract in the circumstances of the case does not arise. the only remedy in the circumstances of the case ..... and as such question of breach of contract in the circumstances of the case did not arise. the only remedy in the circumstances of the case .....

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Jun 30 2014 (HC)

Present : Mr.Puneet Bali Sr. Advocate with Vs. M/S Bestech India Pvt. ...

Court : Punjab and Haryana

..... furthermore, pvr pictures case did not deal with creation of rights over immoveable property as in the present case. the provisions of section 202 of the indian contract act have not been taken into consideration in the pvr case. section 202 is reproduced herein below for ready reference: 202. termination of agency, where agent ..... in nature and were dependent on the happening of certain events in the future and as such are not enforceable as per section 32 of indian contract act, 1872.40. it is further submitted that no interest and/or right could have passed in favour of respondent in the absence of grant of ..... acceptance of the terms of agreement, which is the end sheet of the contract. bohl says that it is not a contract but a contract to enter into a contract, on this i would come later. the term sheet, however, contemplates formation of definitive kumar paritosh 2014.07.02 11:59 i attest to the ..... the project. however it was also agreed that the same may be modified at the time of execution of the project as per mutual consent iv) format of mis for construction and sales progress v) method of appointment of team to monitor and audit the sales of the project vi) marketing, advertising, ..... this document fao no.1620 of 2014 and 2 connected cases 18 collaboration agreement. he has taken this court to the correspondence with respect to formation of the arbitral tribunal of the hon ble judges and that their nominee arbitrator justice mukandakam sharma is still in position. he points out to .....

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Feb 15 2016 (HC)

Haryana Power Generation Corporation Limited, Panchkula Vs. M/s. Alsto ...

Court : Punjab and Haryana

..... be paid because of want of spbg for unit no.2. on 31.5.1999, respondent-alstom sent two draft bank guarantee formats, one for the first contract, i.e., the offshore contract and the other for the second contract, i.e., onshore contract, but on 7.6.1999, appellant brought to the notice of the respondent that the spbg had not been furnished. however ..... to show that the advance bank guarantees and performance bank guarantees were to the tune of 15% and 10%, whereas the spbg was only to the extent of 4 %. the contract did not envisage any format of the spbg. the said spbg, as per the award of the tribunal, was submitted, but the same was not acceptable, therefore, rightly so the ..... appellant that the award is against the public policy or has violated the principles of judicial approach, much less against the statute and other provisions of section 34 of the act. the arbitrator has dealt with the dispute, which was contemplated and was within its scope. the parties to the lis had participated in the proceedings and were given proper notice ..... institution of germany for loans of dm 104,000,000 ( soft' loan) and dm 34,000,000 ( commercial' loan) to finance the cost of the contracts. the aforementioned loans were secured vide guarantee by an indian public sector financial institution-the power finance corporation limited (pfc), which was furnished in pursuance to the agreement executed between hseb and pfc on 15.10 .....

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Jun 02 1989 (HC)

Indian Oil Corporation Vs. Municipal Corporation, Jullunder and Others

Court : Punjab and Haryana

Reported in : AIR1990P& H99

..... this issue it will be expedient to refer to a few provisions, in so far as they are relevant, of the sale of goods act, 1930. chapter ii thereof concerns the formation of the contract. provisions for sale and agreement to sell occur in s. 4. it reads :--'4. sale and agreement to sell. (1) a ..... private carriers engaged by the petitioner-corporation. the parties are, however, at variance as to whether the property in the goods is unconditionally appropriated to the contract and the property in the goods passed on to the buyer at the depot of the petitioner at jalandhar. the case of the petitioner is that the ..... incidental charges as also local taxes leviable/payable on the petroleum products ordered by the dealer. this includes octroi also. the bank drafts are payable to the indian oil corporation ltd. jalandhar. the orders are processed and passed at jalandhar. thereafter the petroleum products ordered, the quality and quantity of which has been specified ..... demanded by the dealer. this includes octroi duty as well. the bank draft is payable to the indian oil corporation ltd. at jalandhar. the indents submitted by the dealers are then passed by the prescribed officer of the indian oil corporation ltd. and thereafter the commodity, for which the price has been paid by the dealer ..... ordersukhdev singh kang, j.1. challenge by m/s. indian oil corporation in this writ petition under articles 226/227 of the constitution is directed against orders of the authorities of municipal corporation, jalan .....

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Feb 19 2014 (HC)

Present: Mr. Rubi Kumar Advocate for Vs. Union of India and Others

Court : Punjab and Haryana

..... document chandigarh c.w.p.no.5515 of 2012 [ 4 ].2012 (2) plr783had considered the similar request made by an applicant where an affidavit in format 'a' was given and the applicant had omitted to add some words in the affidavit. the applicant was treated to be ineligible. the division bench ..... (name of the coco location .........dist........state .............oil company name ...........) i also know that if i am selected as a dealer, i will have terminate this contract before issue of letter of appointment). . instead of the above, in the affidavit (appendix 'a).filed by the petitioner, the word 'labour contractor' was ..... to subjective approach and the corporation would open to numerous such requests by similarly situated applicants. a division bench of patna high court in m/s indian oil corporation limited, scope bhawan, lodhi road, new delhi, through its chairman/chief managing director and anr.v.raj kumar jha, s/o sr ..... dated 3.12.2011 (annexure p4) vide which the petitioner's application form dated 13.9.2011 (annexure p1) has been declined. the indian oil corporation has issued an advertisement for appointment of ioc retail outlet petrol kaur rupinder 2014.02.28 11:00 i attest to the accuracy and ..... as under:- we are of the opinion that the corporation being the state within the meaning of article 12 of the constitution is supposed to act fairly, reasonably and uniformly and has to be objective in its approach. once the standard is set out in the advertisement, the corporation has .....

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Jul 26 1971 (HC)

Budh Ram Balak Ram and anr. Vs. the Dhuri Co-operative-cum-marketing-c ...

Court : Punjab and Haryana

Reported in : AIR1972P& H185

..... partnership constituted under exhibit p. 1 for carrying on illegal business activities, was, therefore, void as it was hit by section 23 of the indian contract act. in the second appeal preferred on behalf of the plaintiff, it was contended before the learned single judge that the object of partnership was only ..... plaintiff society is, therefore, entitled to enforce its right to claim rendition of accounts. before adverting to the first proposition, section 23 of the indian contract act may be reproduced hereunder for facility of reference:--'23. the consideration or object of an agreement is lawful, unless it is forbidden by law; or ..... do not hold any license. any such action on the part of the licensee will be circumventing the provisions of the control order unless the formation of a partnership is permitted by the control order itself or the statute under which such order is promulgated. to this extent, we find ..... respectful agreement with these observations and are of the considered view that the prohibition of formation of partnership by the license is in the very nature of things implied when a license is issued under a control order in ..... that the said order does not contain an express prohibition of the formation of partnership or transfer of license or an express provision that formation of partnership or transfer of license is illegal, is immaterial when such a prohibition, formation or transfer can be implied from the order.' we are in the .....

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May 15 1990 (HC)

Avtar Singh Sahi and Others Vs. State of Haryana and Another

Court : Punjab and Haryana

Reported in : AIR1991P& H298; (1990)98PLR1

..... constitutes an inherent justification for concession in land price for it.11. faced with this situation, counsel for the petitioner sought to contend that the contract for the allotment/purchase of plots was statutory, inasmuch as, its format had been prescribed in the 1976 rules. adverting in this behalf to r. 24 thereof, it was argued that in the terms of this ..... tentative price of the residential plots was, in any manner, contrary to law.15. next, there was an attempt to press in aid the provisions of s. 23 of the contract act founded upon the contention that the clause in the relevant agreements and documents pertaining to enhancement of price was against public policy, inasmuch as, it enabled the improvement trust to ..... have received some meagre compensation and then faced the hazard of finding another job. this rule was thus opposed to public policy and consequently void u/s. 23 of the contract act.16. clearly, no occasion is provided for invoking this principle in the context of the circumstances and situatipn here. it was with full knowledge of the terms and conditions of ..... the case here, no occasion is provided for branding the stipulation to this effect in the agreement to be contrary to public policy. the provisions of s. 23 of the contract act are consequently of no avail to the petitioners.17. as a last resort, some relief was sought on the plea that the enhanced price of the land acquired which was .....

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Oct 04 2005 (HC)

Ankit Pipes Pvt. Ltd. and ors. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (2006)142PLR652

..... kollar gang, hydro disintegrator turbo mixer/hydro pulpor machines, vertical mixer and provided with electrically controlled electrical gearing system for controlling the thickness of layers around the mendral of pipe formation) or by mazza process iii) above 150mm dia size: manufactured by mazza processonly.22. pointing out that there has been no litigation in case of punjab, the executive engineer ..... public policy. ultimately, what prevails with the courts in such like matters is that while public interest is paramount, there should be no arbitrariness in the matter of award of contract and all participants in the tender process should be treated alike. the state or its instrumentality cannot arbitrarily choose any person it likes for entering into such relationship or to ..... , their lordships of the supreme court, while observing that the terms of the invitation to tender are not open to judicial scrutiny, the same being in the realm of contract and the government must have a free hand in setting these terms, including pragmatic adjustments which may be called for by the particular circumstances, have held that the courts cannot ..... regard to the user of afore-noted machines, over and above the bis standards, is per se irrational, irrelevant and arbitrary. referring us to various provisions of the bureau of indian standards act, 1986 (for short, 'the bis act') and the stand of the bis, in their affidavit, learned counsel has strenuously urged that none of the provisions in the bis .....

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