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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Sorted by: old Court: chennai Year: 2013 Page 1 of about 19 results (0.044 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 .....

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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 .....

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Jan 04 2013 (HC)

Chitra Construction Company Vs. Addl Commissioner of Customs

Court : Chennai

Decided on : Jan-04-2013

..... liability of the petitioners. no investigation had been done, by the respondents prior to the search.59. it had been further submitted that section 82 of the finance act, 1994, requires the formation of an opinion prior to the search, by the joint commissioner. therefore, a search cannot be ordered by the joint commissioner, as in the present case. in ..... the authority concerned. the court could examine the question with reference to the materials available with the commissioner and whether they have a rational connection or relevant bearing to the formation of the belief. if the reasons are extraneous or irrelevant, having regard to the purpose of the section, the action should be without jurisdiction. the belief should also ..... number aadcc3392d.8. it has also been stated that chitra builders private limited has been involved in the activities of providing services relating to excavation, site preparation and clearances, works contract services, construction services, in respect of commercial and industrial buildings and civil structures. all service tax related issues are dealt with by its premises, registered under the jurisdictional central ..... .79. in sheo nath singh vs. appellate assistant commissioner of income tax, [1971] 82 itr, 147 (sc) it had been held that, under section 34 of the indian income tax act, 1922, the words `reason to believe' would suggest that the belief must be that of an honest and reasonable person, based upon reasonable grounds and that the income-tax .....

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Jan 04 2013 (HC)

Dr.A.Ahmed Ali Vs. A.Venkatesh

Court : Chennai

Decided on : Jan-04-2013

..... copy was not given to him, but in the proof affidavit filed in the above suit, the plaintiff had alleged that since the sale agreement was not in format he declined to sign. whileso, the allegation of the plaintiff that the defendant put his signature in the xerox copy of the agreement and handed over the ..... description of suit period of limitation time from which period begins to run ----------------------------------------------------------------------------------------------- 54 for specific three years the date fixed performance of a for the performance, or, if contract no such date is fixed,when the plaintiff has notice that performance is refused ----------------------------------------------------------------------------------------------- 36. in this juncture, the learned counsel for the appellant/defendant would place reliance ..... guided by judicial principles and capable of correction by a court of appeal. [emphasis supplied] subba rao, j., speaking for the bench, pointed out the distinction between indian law and the english law on the subject and stated the conclusion in the following words: "while in england, mere delay or laches may be a ground for ..... court. in such circumstances, it is absolutely apparent that respondent 1 was not ready and willing to perform his part of the contract and in view of the mandate of section 16 of the specific relief act, no decree for specific performance could be passed in his favour. the trial court, therefore, rightly held that the suit .....

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Jan 09 2013 (HC)

Kanyaka Fine Weld Ltd. Vs. Superintending Engineer Ii of Electricity D ...

Court : Chennai

Decided on : Jan-09-2013

..... resealing done, working of meter, details of new seals, etc. the report shall mention specific irregularity noticed which has led to indulgence of unauthorized use of electricity in the format given in annexure 4. (v) the report shall clearly indicate whether or not conclusive evidence substantiating the fact that unauthorized use of electricity was found. the details of ..... the other regarding the maintainability of the writ petition on account of alternative remedy. the statutory framework:10. the electricity act, 2003 was enacted to overcome the shortcomings of the indian electricity act, 1910 and electricity (supply) act, 1948. the need for harmonising and rationalising the provisions of the earlier statutes and to bring stringent provisions to curtail the practice of ..... act as it is intended to provide safeguards against pilferage of energy and malpractices by the consumer. the regulations framed in exercise of ..... malpractices and unauthorised use of electricity and then theft which is governed by the provisions of section 135 of the 2003 act." .............. "it will also be useful to notice that certain malpractices adopted by the consumer for consuming electricity in excess of the contracted load could squarely fall within the ambit and scope of section 126 of the 2003 .....

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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 .....

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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 .....

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Feb 01 2013 (HC)

Dr.C.S.Rex Sargunam Vs. State of Tamil Nadu

Court : Chennai

Decided on : Feb-01-2013

..... is not state or other authority within the meaning of article 12 of the constitution of india. after all, the very formation of an independent society under the societies registration act would also suggest that the intention was not to make the body a mere appendage of the state. we reverse the ..... . as to what is the meaning of the term "quasi government agency" came to be considered by the supreme court in pradeep kumar biswas v. indian institute of chemical biology reported in (2002) 5 scc 11.and in paragraph 74, it was observed as follows :74. black's law dictionary (7th ..... such as a branch of a governing body. agency is defined as: a fiduciary relationship created by express or implied contract or by law, in which one party (the agent) may act on behalf of another party (the principal) and bind that other party by words or actions. thus instrumentality and agency ..... was that the second respondent voluntary health services is a charitable organization, which is deemed to have been registered under the tamil nadu societies registration act. the objects were set out in the memorandum of association. the state of tamil nadu had acquired the land for the purpose of establishment of ..... place and there is no dispute with reference to their service grievances and that no industrial dispute is pending before the authority under the industrial disputes act. 8.a counter affidavit was filed by the second respondent, dated 09.05.2012 together with supporting documents in the form of typed set. .....

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Mar 12 2013 (HC)

Harihar Alloys Pvt. Ltd., Vs. 1.The Superintending Engineer,

Court : Chennai

Decided on : Mar-12-2013

..... requirements of additional power on reliability charge on per day basis for peak hours and off peak hours from october 2010 to march 2011 in the format given in the letter on or before 22.09.2010, 2.00 p.m. in respect of service connection no.121, the petitioner by letter ..... and the respondent. the agreement also provides a force majeure clause and a redressal mechanism. in such circumstances, this is not a case, where any contract could be inferred from the correspondence between the parties.18. in view of the above discussions, this court has no hesitation to hold that the ..... terms of the tamil nadu electricity distribution code as well as the tamil nadu electricity supply code without an agreement, they cannot enforce the contract and there is no contract in the eye of law. in support of such contention, the learned counsel placed reliance on the decision of this court in state ..... correspondence. the court is required to review what the parties wrote and how they acted and from that material to infer whether the intention as expressed in the correspondence was to bring into existence a mutually binding contract. the intention of the parties is to be gathered only from the expressions used ..... of madras vs. rohtas industries ltd., [vol-81-l.w.-407], and the decision of the hon'ble supreme court in rickmers verwaltung gmbh vs. indian oil corporation .....

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Mar 27 2013 (HC)

National Insurance Co Ltd Vs. Suseela

Court : Chennai

Decided on : Mar-27-2013

..... part would survive. if the suit claim is founded entirely on contract then the suit has to proceed to trial in its entirety and be adjudicated upon." but for the formation of a special tribunal under the motor vehicles act under section 165 and provision for application thereto under section 166, ..... the death of the injured claimant owing to the operation of the said maxim, principles whereof are found incorporated in section 306 of the indian succession act. others inform that the maxim would not be applicable except where specifically engrafted in a statute. the law appears settled atleast to this extent ..... we leave the matter open for the trial court to decide whether the suit is founded entirely on torts or on contract or partly on torts and partly on contract and deal with the matter according to law. if the entire suit claim is founded on torts the suit would undoubtedly ..... an action brought by his personal representative against the negligent defendant, or against the defendant's personal representative if the defendant has died, since the act also provides for the survival of such a claim against the defendant's estate.8. civil miscellaneous appeal is dismissed. no costs. appellant/insurance ..... dwelling at depth upon the decisions cited before us, we would inform that a claim for compensation made under section 166 of the motor vehicles act, 1988 would survive after the death of the claimant even in respect of personal injuries not causing the death of the party for the .....

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