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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Sorted by: recent Page 1 of about 7,161 results (0.276 seconds)

Apr 05 2018 (HC)

Benara Bearing & Pistons Ltd vs.mahle Engine Components India Pvt Ltd

Court : Delhi

..... that not only did the parties not become ad idem on an important material business term (i.e. on the mrp issue); certain essential requirements under the indian contracts act 1872 (the contracts act ) for the formation of a contract, which are elaborated in paragraphs 85 to 88 below were not satisfied. xxxxxx 67. in view, it is clear on a prima facie basis (i.e. on ..... once which decrease its margin. the same, therefore, cannot be said to be an un-conditional acceptance of the offer/proposal given by the respondent.43. section 7 of the indian contract act, 1872 states that in order to convert a proposal into a promise the acceptance must be absolute and arb. a. (comm.) 11/2017 page 33 unqualified. in the present case ..... so in its email of 21 march 2016. xxxxxxx 86. on a basic legal and contractual level, there was no formation of a contract. ultimately there was no acceptance of a proposal under the contracts act. as provided by section 7 of the contracts act, in order to convert a proposal into a promise the acceptance must be absolute and unqualified and be expressed in some ..... . for ingredients of the contracts act to be satisfied and of a defined legal relationship" under the iaca) apply equally and lead to the conclusion that there was prima facie still no agreed separate "arbitration agreement" agreed between the parties: (a) in the same way that there has to be an offer, acceptance, and consideration for the formation of a commercial arb. a .....

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Apr 16 1970 (HC)

The Special Officer, Amaravathi Co-operative Sugar Mills Vs. D.V. Thir ...

Court : Chennai

Reported in : (1973)2MLJ361

..... kinds of contracts. though the said enactment does not purport to deal exhaustively with any ..... these bye-laws are not contracts entered into under the indian contract act 1872, and therefore the provisions of section 74 of that act cannot be applied in the present case. there is no such thing as a contract entered into under the indian contract act, 1872, and a contract not so entered into. the indian contract act 1872, lays down certain general principles regarding formation of contracts, performance of the contracts, the consequence of breach ..... of contracts etc., as applicable to all .....

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Sep 07 2017 (HC)

Union of India Vs. Radha Chemicals

Court : Kolkata

..... point of limitation only. mr.ghosh will be at liberty to argue the exclusion of time allegedly available to him to prepare bills in proper format, in pursuing the writ petition in this court, the effect of admission, acknowledgement, etc.made by the union, if any, and so on ..... right when he submited that on the face of the award, the claim of the petitioner seemed to be hopelessly barred by limitation. the contracts were between 1987 and 1991. the claim in arbitration was made about 17 years after the firs.date of delivery. the period of limitation ..... 1991. in june, 2004, the respondent issued a notice under section 21 of the arbitration and conciliation act, 1996 stating that disputes and differences had arisen between the parties out of the contract/contracts and that the matter should be referred to arbitration. on 28th february, 2007 an officer of the ..... act [art.14].mr.ghosh for the respondent tries to save the award by making the following arguments: the railways had a procedure for receiving bills from contractors.each bill had to be in a format enclosing receipted challan, purchase order, etc.he referred to the system of payment mentioned in paragraph 2300 of the indian standard conditions of contract ..... ghosh relied in paragraph 5 of the judgment was not regarding limitation and cannot apply to limitation in view of section 3 of the limitation act. in fact, the court in banars.das versus kanshi ram & ors.reported in air1963sc1165cited by mr.ghosh opined that the point of limitation .....

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Mar 31 2017 (HC)

National Buildings Construction Corp. (Nbcc) Ltd. Vs.m/s Natavarlal M. ...

Court : Delhi

..... by the supreme court in state of j&k v. dev dutt pandit 1997 (7) scc339 (v) time was the essence of the contract. consequently, the learned arbitrator erred in holding that section 55 paragraph 2 of the indian contract act, 1872 ( ica?) applied and not paragraphs 1 and 3 thereof. it was erroneously held that no notice was required to be given by ..... the respondent to nbcc while applying for eot in the format provided by the respondent. the above finding is based on an erroneous application of ..... . g. harishchandra reddy (supra) and om prakash gita devi & co. v. food corporation of india (supra) is misplaced. under section 31 (7) of the act, the respondent would be entitled to interest @ 18% per annum where the contract itself is silent on that aspect. in the abovementioned cases, the supreme court exercised its powers under article 142 of the constitution to o ..... of the respondent together with simple interest at 12% per annum from the date of filing the petition under section 11 of the act till the date of payment apart from costs of rs. 2 lakhs. the construction contract 6. the background facts are that... petitioner invited tenders for the construction of mp pool building and allied works at civil airport, vadodara .....

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Feb 23 2017 (HC)

Kanarath Payattiyath Balraj vs.raja Arora

Court : Delhi

..... the b. classification under the listing agreement the securities contracts (regulation) act, 1956, read with the rules and regulations made thereunder, requires every company desirous of listing its shares on a recognized indian stock exchange, to execute a listing agreement ( agreement ) with such indian stock exchange. this agreement is in a standard format (prescribed by the securities exchange board of india ..... for re-appointment) at the end of his or her tenure. rights and the 8. nominee directors: they can be appointed by certain shareholders, third parties through contracts, lending public financial institutions or banks, or by the central government in case of oppression or mismanagement. the extent of a nominee director's the shareholders, is ..... by cross-checking with registrar of companies. 5.2. position regarding independent and nominee directors professional directors who associate with companies for their independent directors. such expert knowledge act as independent directors apart receiving director's from crl.m.c. 3303/2016 & conn. matters page 14 of 22 the company, its promoters, transactions with remuneration ..... contained in the contract that enables such the relevant statutes appointments, or (as appropriate) applicable institution or bank. however, nominee directors must be particularly careful not to act only in the interests of their nominators, but must act in the best interests of the company and its shareholders as .....

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Feb 23 2017 (HC)

Kanarath Payattiyath Balaraj vs.raja Arora

Court : Delhi

..... the b. classification under the listing agreement the securities contracts (regulation) act, 1956, read with the rules and regulations made thereunder, requires every company desirous of listing its shares on a recognized indian stock exchange, to execute a listing agreement ( agreement ) with such indian stock exchange. this agreement is in a standard format (prescribed by the securities exchange board of india ..... for re-appointment) at the end of his or her tenure. rights and the 8. nominee directors: they can be appointed by certain shareholders, third parties through contracts, lending public financial institutions or banks, or by the central government in case of oppression or mismanagement. the extent of a nominee director's the shareholders, is ..... by cross-checking with registrar of companies. 5.2. position regarding independent and nominee directors professional directors who associate with companies for their independent directors. such expert knowledge act as independent directors apart receiving director's from crl.m.c. 3303/2016 & conn. matters page 14 of 22 the company, its promoters, transactions with remuneration ..... contained in the contract that enables such the relevant statutes appointments, or (as appropriate) applicable institution or bank. however, nominee directors must be particularly careful not to act only in the interests of their nominators, but must act in the best interests of the company and its shareholders as .....

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Feb 23 2017 (HC)

Kanarath Payattiyath Balaraj vs.ashok Arora

Court : Delhi

..... the b. classification under the listing agreement the securities contracts (regulation) act, 1956, read with the rules and regulations made thereunder, requires every company desirous of listing its shares on a recognized indian stock exchange, to execute a listing agreement ( agreement ) with such indian stock exchange. this agreement is in a standard format (prescribed by the securities exchange board of india ..... for re-appointment) at the end of his or her tenure. rights and the 8. nominee directors: they can be appointed by certain shareholders, third parties through contracts, lending public financial institutions or banks, or by the central government in case of oppression or mismanagement. the extent of a nominee director's the shareholders, is ..... by cross-checking with registrar of companies. 5.2. position regarding independent and nominee directors professional directors who associate with companies for their independent directors. such expert knowledge act as independent directors apart receiving director's from crl.m.c. 3303/2016 & conn. matters page 14 of 22 the company, its promoters, transactions with remuneration ..... contained in the contract that enables such the relevant statutes appointments, or (as appropriate) applicable institution or bank. however, nominee directors must be particularly careful not to act only in the interests of their nominators, but must act in the best interests of the company and its shareholders as .....

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Feb 23 2017 (HC)

Kanarath Paryattiyath Balraj vs.raja Arora

Court : Delhi

..... the b. classification under the listing agreement the securities contracts (regulation) act, 1956, read with the rules and regulations made thereunder, requires every company desirous of listing its shares on a recognized indian stock exchange, to execute a listing agreement ( agreement ) with such indian stock exchange. this agreement is in a standard format (prescribed by the securities exchange board of india ..... for re-appointment) at the end of his or her tenure. rights and the 8. nominee directors: they can be appointed by certain shareholders, third parties through contracts, lending public financial institutions or banks, or by the central government in case of oppression or mismanagement. the extent of a nominee director's the shareholders, is ..... by cross-checking with registrar of companies. 5.2. position regarding independent and nominee directors professional directors who associate with companies for their independent directors. such expert knowledge act as independent directors apart receiving director's from crl.m.c. 3303/2016 & conn. matters page 14 of 22 the company, its promoters, transactions with remuneration ..... contained in the contract that enables such the relevant statutes appointments, or (as appropriate) applicable institution or bank. however, nominee directors must be particularly careful not to act only in the interests of their nominators, but must act in the best interests of the company and its shareholders as .....

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Feb 23 2017 (HC)

Bhardwaj Thuiruvenkata Venkatavraghavan vs.ashok Arora

Court : Delhi

..... the b. classification under the listing agreement the securities contracts (regulation) act, 1956, read with the rules and regulations made thereunder, requires every company desirous of listing its shares on a recognized indian stock exchange, to execute a listing agreement ( agreement ) with such indian stock exchange. this agreement is in a standard format (prescribed by the securities exchange board of india ..... articles, be eligible for re-appointment) at the end of his or her tenure.8. nominee directors: they can be appointed by certain shareholders, third parties through contracts, lending public financial institutions or banks, or by the central government in crl.m.c. 2760/2016 & conn. matters page 17 of 22 rights and the scope ..... 5,00,00,000/-) must have a managing or whole-time director or a manager. further classification of directors based on the circumstances surrounding their appointment, the companies act recognizes the following further types of directors:1. first directors: subject to any regulations in the articles of a company, the subscribers to the memorandum of association, ..... , its promoters, from transactions with 5.2. position regarding independent and nominee directors professional directors who associate with companies for their independent directors. such expert knowledge act as independent directors apart receiving director's remuneration do not have any material pecuniary relationship or its management or its subsidiaries, which in the judgment of board may .....

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Feb 23 2017 (HC)

Bharadwaj Thiruvenkata Venkatavaraghavan vs.ashok Arora

Court : Delhi

..... the b. classification under the listing agreement the securities contracts (regulation) act, 1956, read with the rules and regulations made thereunder, requires every company desirous of listing its shares on a recognized indian stock exchange, to execute a listing agreement ( agreement ) with such indian stock exchange. this agreement is in a standard format (prescribed by the securities exchange board of india ..... articles, be eligible for re-appointment) at the end of his or her tenure.8. nominee directors: they can be appointed by certain shareholders, third parties through contracts, lending public financial institutions or banks, or by the central government in crl.m.c. 2760/2016 & conn. matters page 17 of 22 rights and the scope ..... 5,00,00,000/-) must have a managing or whole-time director or a manager. further classification of directors based on the circumstances surrounding their appointment, the companies act recognizes the following further types of directors:1. first directors: subject to any regulations in the articles of a company, the subscribers to the memorandum of association, ..... , its promoters, from transactions with 5.2. position regarding independent and nominee directors professional directors who associate with companies for their independent directors. such expert knowledge act as independent directors apart receiving director's remuneration do not have any material pecuniary relationship or its management or its subsidiaries, which in the judgment of board may .....

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