Court : Supreme Court of India
Decided on : Nov-19-1998
Reported in : AIR1999SC504; 1999(1)ARBLR1(SC); (1999)1CompLJ13(SC); JT1998(8)SC85; 1999(2)KLT25(SC); (1999)IMLJ62(SC); (1999)121PLR842; 1998(6)SCALE197; (1999)1SCC1; Supp3SCR42
..... agreement dated november 11, 1993 had not been signed by the parties but the parties had acted upon it treating it to be a binding contract. argued mr. nariman that the agreement was operative and binding even without the parties having agreed to the format and terms of the standby letter of credit and the performance guarantee, because the appellant ..... were fundamental to arrive at a working relationship between the parties, the claim of the appellant regarding the conclusion of the contract between them was not maintainable. the first respondent also questioned the jurisdiction of the indian council of arbitration to decide whether or not an arbitration agreement exists between the parties and asserted that in case the appellant ..... towards costs of the arbitration on or before july 28, 1994. on receipt of the communication from the indian council of arbitration, the first respondent informed the indian council of arbitration (second respondent) that there did not exist any binding contract between the first respondent and the appellant, much less any binding agreement of refer any dispute between the parties ..... and subsisting agreement between the parties ?2. relief'4. during the pendency of the application the learned single judge stayed further proceedings before the arbitrator appointed by the indian council of arbitration. parties were directed to file evidence by way of affidavits in the court. documentary evidence and affidavit were consequently filed in the court.5. the .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-18-1998
Reported in : 1999(1)BomCR494; (1998)3BOMLR636
..... the purchase orders are taken they haveto be considered in the context of the correspondence exchanged betweenthe parties which clearly indicate that there was no concluded contract.attention is invited to section 7 of the indian contract act. from a reading ofsection 7 it is pointed out, to convert proposal into a promise the acceptancemust be absolute and unqualified and has to he expressed ..... the arbitrator ought to have considered the mitigating circumstances namely the offer of the petitioners to carry on the work for additional amount. (e) in fact the petitioners repudiated the contract in november, 1991 and the respondents had floated a new tender on 9th january, 1992. in these circumstances the arbitrator after coming to the conclusion that there was no delay ..... november, 1991 petitioners sought an increase of rs. 80 lakhs on account of reasons set out therein. on 3rd january, 1992 respondents informed the petitioners that they would cancel the contract for non-compliance. on 6th january, 1992 the respondents reminded the petitioners about the bank guarantee for security. on 7th january, 1992 the respondent claimed increase in price, setting out ..... variance between the offer and acceptance even in respect of any material term, acceptance cannot be said to be absolute and unqualified and the same will not result in the formation of a legal contract. it is also pointed out that in the absence of any absolute and unqualified acceptance in conformity with law no legal and binding .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-27-1998
Reported in : 1999(1)KarLJ603
..... loan to the subsidiary company, leading to a suspicion regarding the payment of kickbacks and bribe. the cost of 122 million hong kong dollars is allegedly with respect to the indian contract at mangalore.15. referring to the balance sheet of the mpc, cogentrix and china light and power company, the petitioners have alleged that:'the balance sheet shows the share capital ..... been paid through the subsidiary, china light and power company as bribe, kickbacks, commission, etc., during the years 1994-95 and 1995-96 in violation of prevention of corruption act, the indian penal code and fera for the following reasons:(a) bribes/kickbacks are considered a part of development cost internationally. (b) in foreign accounting practices, there is no generation of ..... has also certified that the balance sheet is in agreement with the books of account and is presented in a manner required by companies act, 1956. however, the following expenses have not been shown. (i) expenses towards formation of the company amounting to rs. 37,480 which has been paid to the registrar of companies (annexure-c) towards incorporation. (ii) the ..... remuneration of the auditors themselves as provided in section 224(8) of the companies act for the fiscal year ending 1995 has not been shown. probably this .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-20-1998
Reported in : (1998)2CALLT264(HC)
..... the 'hot/ cold scarifying machine was erected, commissioned and set up. it has accordingly been submitted since the place of formation of contract and place of execution of contract are in bokaro steel city, the appropriate civil court in bokaro has exclusive jurisdiction to entertain the application. in support of ..... in alopt parshad and sons ltd, v. union of india : air1960sc1340 and kapoor nilokheri co-operative dairy farm society : air1973sc1338 . in indian oil corpn. ltd. v. indian. carbon ltd. : 3scr426 this court has held that the court does not sit in appeal over the award and review the ..... it has been argued by mr. sen learned advocate for the petitioner referring sections 4 and 5 that the sections 4 and 5 of the contract act contemplated communication by 'post'. however, there are other modes of communication such as telephone, telex etc. it has been argued in the instant ..... part of the 'reference' or cause of action arose within the jurisdiction of calcutta. vi) notice under section 14(2) of the arbitration act was served at bokaro. 29. it has further been submitted that for the purpose of ascertaining the court's territorial jurisdiction to entertain the application ..... erstwhile superintending engineer (machantcal-tender claims) department, bokaro steel city.on december 18, 1996 the notice under section 14(2) of the arbitration act, 1940 was despatched by this court to the petitioner's office at bokaro steel city, blhar.27. on december 20, 1996 the petitioner received .....Tag this Judgment!
Court : Sales Tax Tribunal STT West Bengal
Decided on : Sep-12-1998
Reported in : (2000)120STC17Tribunal
..... ,26,075.20 for the job and the amount was included in the turnover for the assessment under the central sales tax act. there was no formal contract. the high court of madras scanned the correspondences between the parties and ascertained the agreement. the supreme court held that the high ..... the purported agreement dated may 10, 1984 (annexure b to the application), whereof the applicant was signatory. it is further evident that the formation of the consortium was for the sole purpose of negotiating the deal with the corporation, in conformity with the corporation's intent of placing the ..... in the letter head of the tea exporters consortium, c/o. tea exporters association, communicating the consortium's offer to sell 750 metric tonnes of indian black tea orange pekoe to the corporation at $3.5 per kilogram setting forth other terms and conditions relating to packing, shipment, payment, etc. ..... consortium and the other by the consortium to the corporation.the uncontroverted facts are that the corporation was interested to make bulk purchase of indian tea of special variety from a single supplier and was not inclined to split the supply order among different suppliers. it is also ..... "the company"). on an information that national corporation of the socialist peoples' libyan arab jamabiria (in short, "the corporation") was interested to import indian tea, the company and some other exporters made enquiry and learnt that the corporation was willing to place the order with a single party. but .....Tag this Judgment!
Court : Orissa
Decided on : Feb-10-1998
Reported in : AIR1998Ori101
..... . g/195 of 1997. m.j.c. no. 229 of 1997 has been registered on an application filed under section 11 of the arbitration and conciliation act, 1996 (for short, 'the arbitration act, 1996') by the indian charge chroms ltd. (lor shon, 'iccl') against the gridco and the orissa state electricity regulatory commission (for short, 'regulatory commission').3. a notice dated 20-6 ..... as a consumer it appears that your petition cannot be taken up as a reference under section 37(1) of the oer act. 1995.'though in the last paragraph, iccl was requested to clarify on the above so that a format proceeding can be drawn up for placing the matter before the commission, but the above paragraph would show that commission hadalready ..... was formed and it revised the rates in 1953-1956 before sections 5, 49 and 76 of act of 1948 came into mysore. there was a dispute and it was held that position in 1953-1956 was that government of mysore was free to contract with consumers of electric energy to supply at such rates as it thought fit and as the ..... matter rested in the region of contract, express or implied or on the unilateral action of the state government it was outside the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-14-1998
Reported in : AIR1998SC2456; 1998(3)BLJR1608; 94CompCas64(SC); (1998)3CompLJ385(SC); 2000(69)ECC247; 1999(113)ELT761(SC); JT1998(4)SC631; 1998LabIC2735; (1998)IILLJ604SC; 1998(4)SC
..... in these appeals. the question is : who is to be deemed 'occupier' of a factory of a government company incorporated under the indian companies act? if the government company is to be treated like any other company then according to clause (ii) of the first provision to section 2(n ..... government but by the company. it, therefore, dismissed both the petitions.5. pressing only the second point the learned attorney general submitted that though indian oil corporation is a government company and, therefore, a company as contemplated by clause (ii) of the proviso to section 2(n), its factories ..... of factories, by his letter dated 28.4.92 refused to grant the licence showing depot manager as the occupier, on the ground that indian oil corporation is a company and in case of a company any one of the directors only can be deemed to be the occupier. he ..... government, 5 per cent by its employees and the rest by the financial institutions. the government officers, acting for and on behalf of the president, had, as initial subscribers, applied for the formation and incorporation of the company. the articles of association disclose that the central government has all-pervasive ..... to the chief inspector of factories that the ministry had already issued notifications declaring the unit incharge as the occupier for the purpose of the act. he was accordingly advised to recognise the officer incharge of the concerned depot as the occupier of that factory. rejecting this request the inspector .....Tag this Judgment!
Court : Delhi
Decided on : Apr-17-1998
Reported in : 1998(45)DRJ587
..... the question of constructing the agreement differently by the arbitrator does not arise. the learned arbitrator, thus by awarding claim not provided under the contract has acted beyond scope of arbitration. the award to this extent is without jurisdiction. if admissible otherwise, petitioner may seek remedy according to the law ..... the learned arbitrator on the basis of the respective contentions, the material before him and the attending circumstances by detailed reasons has held that formation levels were not initially prescribed nor projected or intimated by the respondent to the claimant nor during the execution of the work in spite of ..... as recorded by the local commissioner on its basis, as noticed by the arbitrator, was not disputed. the only dispute was whether the formation levels as achieved by the contractor were prescribed or were executed in excess by the petitioner of their own. for this, the learned arbitrator ..... liability to pay for the quantities of work assessed by the local commissioner as according to them the same was not based on the prescribed formation levels. correctness of the report of the local commissioner was also otherwise disputed. the extent of work done, agreed to be done, the ..... for the arbitrator to hold in the manner he did, have been indicated, it cannot be said that the reasons are unreasonable.'10. in indian oil corporation v. indian carbon ltd. : 3scr426 , it was held that the court does not sit in appeal over the award and review the reasons .....Tag this Judgment!
Court : Chennai
Decided on : Sep-24-1998
Reported in : (2001)IIILLJ1367Mad
..... . in the light of the above factors it is obvious that the respondent is amenable to the writ jurisdiction of this court though it is a company registered under the indian companies act and may not have the direct investments by the state, but definitely the funds of the state, namely, nationalised banks have been invested and the respondent-bank as already ..... scheme.44. there is no dispute that the appellant is entitled to avail the benefits of the 1995 pension scheme if he satisfies the procedural requirements of submitting an option format and refunding the provident fund contribution which was paid to him on superannuation. chapter ii of the 1995 pension regulations relates to application and eligibility. regulation 3 in chapter ii ..... the management claims that the staff in question are managerial staff, that they were promoted to such positions with higher scales of pay and that they also executed the required contracts of service and have been enjoying the benefits under the same and it is not open to them to wriggle out of their commitments, the petitioners would contend that they ..... in article 14. the principle laid was that courts will not enforce and will, when called upon to do so, strike down an unfair and unreasonable contract or an unfair and unreasonable clause in contract, entered into between parties who are not equal in bargaining power. it will apply to situations in which the weaker party is in a position in which .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-21-1998
Reported in : 2000(1)KarLJ224
..... and to define the law relating to conciliation, taking into account the said uncitral model law and rules. arbitration agreements are outside the purview of section 28 of the indian contract act. the choice of any arbitrator of any nationality, the place of arbitration and the procedure to be agreed upon for such arbitration cannot be said to be opposed ..... in decongesting the city by developing townships which will be self-contained. the expressway also contemplates high speed roads to connect north and south of bangalore by the formation of peripheral road to ease out the considerable heavy traffic and congestion which otherwise plies through the city. as a mega project like the expressway involves considerable extent ..... 44 and section 28.6. exemption under section 20 of the urban land (ceiling and regulation) act, for holding land in the site falling within the urban agglomerations.7. declaration by government of karnataka under the appropriate act and formation of greenbelt.8. karnataka stamp act, 1957 -- section 9 in respect of stamp duty payable amounts secured any by mortgage deeds executed ..... in connection with infrastructure corridor project.9. electricity (supply) act, 1948.10. consent of the telegraph authority under section 4 of the indian telegraph, 1985 and part v of the indian telegraph rules for .....Tag this Judgment!