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 : US Supreme Court
Decided on : Apr-27-1998
..... the preference applied to only a small percentage of the city's business, and even though there was no showing that any party would have received a contract absent the ordinance, we held that the prospective bidders had standing; the "injury in fact" was the harm to the contractors in the negotiation process, ..... in that case an association of contractors challenged a city ordinance that accorded preferential treatment to certain minority-owned businesses in the award of city contracts. the court of appeals had held that the association lacked standing "because it failed to allege that one or more of its members would have been awarded ..... a contract but for the challenged ordinance." id., at 664. we rejected the court of appeals' position, stating that it "cannot be reconciled with our ..... concerned, it is no different from what congress has permitted the president to do since the formation of the union. iv i would hold that the president's cancellation of 4722(c) of the balanced budget act of 1997 as an item of direct spending does not violate the constitution. because i find ..... the ordinance. id., at 659. we held that the association had 457 standing even without proof that its members would have been awarded contracts absent the challenged discrimination. the reason, we explained, is that "[t]he 'injury in fact' in an equal protection case of this .....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!
Court : Delhi
Decided on : Aug-25-1998
Reported in : 1998VAD(Delhi)285; 3(1998)CLT609; 75(1998)DLT3; 1998(46)DRJ719
..... the offices, industries and working places with the residential pockets. failure of the road transport system would suffocate the heart throb of the capital. the formation of the scheme under section 99 and its approval or modification under section 100 must show the awareness on the part of those who are associated ..... s order, instructions and command the driver was to ply or not to ply the ill fated bus on the fateful day. the privity of contract was between the passengers and srtc and not with the owner of the bus at all. on these findings their lordships upheld the liability for compensation ..... past and must yield to the state transport undertaking.93. no material has been brought on record enabling formation of an opinion regarding such ex-servicemen or graduates having altered their position to their disadvantage acting on the welfare scheme promulgated for their sake.94. both the pleas referred to in para 6 above ..... take such action or to give such direction in the matter as he deems necessary.' (underlining by us)63. the govt of nct of delhi act, 1991 ( act no.1 of 1992) was enacted by the parliament and came into force on 1.2.1992. sections 41 and 44 (to the extent relevant ..... fare structure along with application from : and whereas in exercise of powers conferred under sub-section (3) of section 71 of the motor vehicles act, 1988 ( act no. 59 of 1988) the lt governor of the national capital territory of delhi with the prior approval of govt of india ministry of surface transport .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Sep-28-1998
Reported in : (1999)68ITD1(Delhi)
..... properties of the society or make any profit, whatsoever, by virtue of his membership." article 6 of the rules and regulations provides for the formation of governing body and article 7 sets out the powers to be exercised by the governing body for carrying out the objects of the society. ..... officer and further held that the accumulation of funds of this proportion cannot be said to be incidentally from the lawful activity especially when the contract for construction of the school building was awarded to a concern in which the members of the governing body have substantial interest. it was ..... in order and calls for no interference.secondly, it is submitted that in regard to the construction of the school building, the society awarded the contract to a concern in which the president and members of the assessee society were having substantial interest. by doing this the surplus profits were siphoned .....  230 itr 126. it is also submitted that the case of the assessee is covered by the decision of the tribunal in the case of indian register of shipping v. asstt.director of income-tax (exemption)  66 itd 219 (mum.) where following the decision of the supreme court in the ..... of the act. it was also submitted that the assessee generated surplus fund from year to year in a systematic manner and earned profit in the name of the school. the school building was constructed by a family concern namely ahluwalia construction pvt. ltd. without calling tender for awarding the contract. it .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-03-1998
Reported in : (1998)3CALLT209(HC)
..... preliminary step to the discharge of its functions does not make it any the less an administrative acl and that the jurisdiclional fact on which the appropriate government may act or ihe formation of an opinion that an industrial dispute exists or is apprehended undoubtedly is a subjective one. but the next step of making a reference is an administrative step ..... assistant babour commissioner (central), to the petitioner no. 2. the director. cari on 7th october. 1988 granting a certificate of registration in favour of cari under the contract labour (regulation and abolition) act. 1970 so that it can execute 'seasonal agricultural research' through contractors. in paragraph 7 of the affidavit-in-re ply it is asserted that cari in carrying out ..... advertisement in newspaper for taking more workers and although the majdoors under reference approached the management once again they were not recruited, and instead new majdoors from kamraj multipurpose labour contracts cooperative society ltd. were recruited. it was also the allegation of the concerned workers that the management was in constant need of majdoors and the jobs performed by the ..... of the wril petition it has been averred that cari is a registered society having its registered office at port blair and is under the control and supervision of the indian council of agricultural research, new delhi ucar, for short) which is also a registered society, being run by the authority ofthe central government. it may be mentioned here that .....Tag this Judgment!