Court : Mumbai
Decided on : Nov-02-2007
Reported in : 2008(2)BomCR681
..... submission.95. mr. devitre relied upon the commentary in pollck & mulla, indian contract & specific relief acts, thirteen edition, vol. i at page 29 which reads as under:formationthe formation of a contract will be governed by that law which would be the proper law if the contract were validly concluded. formation of contract would cover aspects of offer and acceptance, consideration and reality of consent. ..... english non-exclusive jurisdiction clause (clause 15) were not even forwarded to it. this is a pure question of fact and does not involve questions of formation or existence of a contract based on the legal effect of admitted facts. it is important also to note that the point at issue in these notices of motion relate first ..... cases.(ii). thus the disputes are not restricted to the legal effect of admitted documents or transactions. in other words, they are not restricted to questions of formation or existence of contracts to be decide on legal principles based on admitted facts and documents. they also include disputes as to the existence of the facts themselves.11. defendant no ..... a contract which lacks consideration for formation under the english law, would nevertheless .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-11-2007
Reported in : AIR2008SC336; JT2007(12)SC156; 2007(12)SCALE204; 2008(1)SLJ319(SC); 2007AIRSCW6879
..... such agreement between ntpc and balco, clause 14 of the appointment letter and undertakings obtained by ntpc is illegal and is contrary to the provisions of section 23 of the indian contract act. in this connection, reliance was placed on a judgment of this court rendered in the case of central inland water transport corporation limited and anr. v. brojo nath ganguly and ..... ntpc was their employer in all purposes.27. the materials placed clearly show that clause 14 referred to above is against public policy and contrary to section 23 of the indian contract act as well as violative of article 14 of the constitution of india for the reason that undue influence was exercised by ntpc management and the selected candidates to accept the ..... in clause 21.0 of the agreement, the effective date and duration of agreement w.e.f 29.06.1987 is contrary to the provisions of section 23 of the indian contract act and also violative of article 14 of the constitution of india. by virtue of the aforesaid clause, the service condition has been admitted to be changed to the employees by ..... but shall be governed by the terms and conditions as applicable to balco or such successor organization, as the case may be. accordingly please submit an undertaking in the enclosed format, while accepting this offer of appointment. 24. it is to be noted that at the time of insertion of above- mentioned clause 14 in the appointment letter and obtaining undertakings .....Tag this Judgment!
Court : Delhi
Decided on : Aug-31-2007
Reported in : 2007(2)CTLJ179(Del)
..... also opposed to public policy and for this reason, its object and consideration being unlawful, such agreement was void under section 23 of the indian contract act. this objection requires a consideration as to what would be considered as 'forbidden by law' and 'opposed to public policy'.86. the expression ..... relations come into being from an agreement offending a stature or public policy.116. as per section 2(g) and section 10 of the indian contract act, every agreement of which the object or consideration is unlawful is void. an agreement which is void is not enforceable by law.117. ..... ' or 'defeats the provisions of any law'. the expression 'law' has not been defined in the indian contract act. the general clauses act, 1897 definesindian law' thus:section 3 (29)'indian law' shall mean any act, ordinance, regulation, rule, order, bye-law or other instrument which before the commencement of the constitution ..... anr. v. district registrar, cooperative societies (urban) and ors. , however, this court observed:in the context of section 23 of the contract act something more than a possible or plausible argument based on the constitutional scheme is necessary to nullify an agreement voluntarily entered into by a person.'` ..... in relation to a specified person and may be valid or voidable between the parties thereto is not applicable to an agreement the very formation whereof law interdicts; or which is of such a character that, if permitted, it would frustrate the provisions of any law; or .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-04-2007
Reported in : 2007(4)ALLMR496; 2007(4)BomCR61
..... the apex court in bhagwandas goverdhandas kedias case (supra). the majority decision in the said case clearly ruled that:obviously the draftsman of the indian contract act did not envisage use of the telephone as a means of personal conversation between parties separated in space, and could not have intended to ..... single judge of the madhya pradesh high court in firm kanhaiyalal's case (supra), while dealing with the scope of section 4 of the contract act, 1872, held that the same no doubt says that the communication of an acceptance is complete as against the proposer, when it is put ..... in the presence of each other, and negotiations are concluded by instantaneous communication of speech, communication of acceptance is a necessary part of the formation of contract, and the exception to the rule imposed on grounds of commercial expediency is inapplicable. the trial court was therefore right in the view ..... by the apex court in bhagwandas goverdhandas kedias case (supra) and applying the same to the plea raised in the plaint about the oral contract having been concluded on communication of the acceptance to the plaintiffs at mumbai, there was no material which could justify revocation of the leave ..... make any rule in that behalf. the question then is whether the ordinary rule which regards a contract as contemplated only when acceptance is intimated should apply, or whether the exception engrafted upon the rule in respect of offers and acceptances by .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-12-2007
Reported in : AIR2008Bom88
..... parties is different from the rule about the post. the contract is only complete when the acceptance is received by the offerer and the contract is made at the place where the acceptance is received.14. obviously the draftsman of the indian contract act did not envisage use of the telephone as a means of ..... in the presence of each other and negotiations are concluded by instantaneous communication of speech, communication of acceptance is a necessary part of the formation of contract and the exception to the rule imposed on grounds of commercial expediency is inapplicable.(emphasis supplied)39. communication by fax is similar to communication by ..... , in its discretion, so adjudge it and order it to be delivered up and cancelled.(2) if the instrument has been registered under the indian registration act, 1908 , the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered and such ..... leave of the judge and the admission of the plaint does not affect in any way the presentation of the plaint for the purposes of the indian limitation act. that being so, i think that the decision of the learned judge is right and this suit was instituted within the period of limitation, ..... 2 of order iv of the cpc while considering when a suit is deemed to be instituted within the meaning of section 3 of the indian limitation act. it was contended on behalf of the appellants that a plaint cannot be presented except to a judge who is the only person who .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-05-2007
Reported in : 2007(3)ALD243; 2007(3)ALT742
..... of driving them to the need of initiating arbitration proceedings....(emphasis supplied)19. in e, venkatakrishna's case (supra), the appellant was appointed as a dealer of indian oil corporation. the contract contained a clause whereby the distributorship could be terminated if the dealer committed anything which was prejudicial to the interest or good name of the principal or its products ..... the forum chosen by the parties would not be in a position to grant appropriate relief. if a serious disputed question of fact is involved, arising out of a contract qua contract, ordinarily a writ petition would not be entertained. a writ petition would be entertained when it involves a public law character or involves a question arising out of public ..... reference to the provisions of the specific relief act providing for non-enforceability of certain types of contracts. it is, therefore, in this background that we proceed to consider and decide the contentions raised before us...(emphasis supplied)18. in harbanslal sahnia's case (supra), the dealership agreement between the appellant and the indian oil corporation was terminated. challenge to the order ..... there was an arbitration clause in the contract, that it was open to the appellant to raise the points in dispute and plead before the arbitrator that the termination of distributorship was arbitrary and that the material, on the basis of which the opinion was formed, did not exist or did not justify formation of such an opinion and that, if .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jun-18-2007
Reported in : I(2008)BC546
..... that no case for interference exercising jurisdiction under articles 226/227 of the constitution is made out.10. refuting the contentions with regard to applicability of section 74 of the indian contract act, the question of recovery, and imposing of penalty without proof of loss, mr. gupta, learned senior counsel taking me through the observation made by the supreme court in the case ..... matter of forfeiting the performance security and revocation of the bank guarantee, i.e., imposition of the penalty.26. to decide the question of applicability of section 74 of the indian contract act, effect of the same on the facts and circumstances of the present case and the reasonableness of the amount to be recovered from the petitioner for breach of ..... /- all the drafts are to be drawn on central bank of india and payable at gwalior. this clause also contemplates a provision for submitting a bank guarantee as per the format prescribed valid for a period of 15 months and the amount of bank guarantee is indicated as rs. 2,20,00,125/-, sub-clause (c-ii) of clause 17 gives ..... , payee demand draft or pay order drawn on any public sector bank, the amount of performance security was equal to three months agreed remittance; (b) a bank guarantee as per format prescribed by the national highways authority of india from any public sector bank in india amounting to rs. 2,20,00,125/- which is also equal to three months agreed .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Nov-23-2007
Reported in : (2008)114TTJ(Delhi)220
..... and corpus juris secundum, pointing out that a decision which has been followed for a long period of time, and has been acted upon by persons in the formation of contracts or in the disposition of their property, or in the general conduct of affairs, or in legal procedure or in other ways ..... modulated their legal relationship based on this settled position of law.23. as explained by hon'ble allahabad high court in the case of british indian corporation ltd. v. cat , the decision of hon'ble delhi high court on a reference in one year will be binding on the tribunal ..... the matter arises afterwards might be of a different view. the learned attorney general contended that the interpretation given to section 90 of the it act, a central act, by several high courts without dissent has been universally followed; several transactions have been entered into based upon the said exposition of the law ..... question has been sought to be referred to the full bench: whether satisfaction of the officer initiating the proceedings under section 271 of the it act can be said to have been recorded even in cases where satisfaction is not recorded in specific terms but is otherwise discernible from the order ..... was arrived at merely because the penalty proceedings had been initiated. the satisfaction is to be arrived in the course of any proceedings under the act which would mean assessment proceedings and the satisfaction as envisaged by the hon'ble delhi high court in the case of ram commercial enterprises ltd. .....Tag this Judgment!
Court : Delhi
Decided on : Apr-20-2007
Reported in : 140(2007)DLT361
..... there is no signed agreement by a duly competent officer on behalf of the appellant. the doctrine of 'indoor management' cannot be extended to formation of the contract or essential terms of the contract unless the contract with other parties is duly approved and signed on behalf of a public undertaking or the government with its seal by an authorised or competent ..... bargain in the present case, the stage never reached when the negotiations were completed giving rise to a binding contract.27. it is noteworthy that the arbitration & conciliation act, 1996 itself draws a distinction between the arbitration contract and the substantive contract containing the terms on which the parties agree to bind themselves and discharge their respective obligations.28. in this ..... this regard.8. in this background, asserting the respondent no. 1 had consented to reference of disputes to arbitration, the appellant sought appointment of an arbitral tribunal. the indian council of arbitration constituted an arbitral tribunal consisting of three arbitrators. the food corporation of india filed a claim dated 30th february, 1998 seeking an award of rs. 1, ..... on 12th, 13th, 14th, 15th, 16th, 17th, 19th, 20th and 21st february, 1995, after weighing stock, checking quality and issuing quantity receipts.the appellant has asserted that this act of delivering paddy to respondent no. 1 was made on acceptance by it the offer of the proposal of respondent no. 1. according to the appellant this established that there .....Tag this Judgment!
Court : Delhi
Decided on : Dec-20-2007
Reported in : 2008(1)CTLJ208(Del); 2008(101)DRJ99
..... to be governed by and construed in all respects, including the formation thereof and performance there under in accordance with the english law. it was held that under those circumstances english law will be proper law ..... be interpreted according to the internal laws of switzerland. without limiting the generality of the foregoing, the parties expressly exclude the applicability of the united nations convention on contracts for the international sale of goods of april, 11, 1980. all disputes and controversies arising between the parties are to be submitted for determination exclusively to the ..... on account of his knowledge or experience and who is competent to give expert evidence as to the alw of any country, irrespective of whether he has acted or is entitled to act as a legal practitioner there. if his evidence is not contradicted, the court will normally accept it, unless it is obviously unreliable or extravagant. where ..... indian company to market and distribute the pharmaceutical products manufactured in india by the english company in the territories of india. the agreement further provided that the governing language of the subject agreements shall be english including formation thereof and performance there under be governed by and construed in accordance with english law. the parties, thereforee, expressly intended the contract .....Tag this Judgment!