Court : Kerala
Decided on : Feb-08-2010
..... is alleged by one party and not denied by the other. therefore, it is evident that there is no prescribed format or the manner in which the arbitration agreement is to be executed between the parties. in the context of the indian arbitration act, 1940, this precise question was considered by the apex court in rukmanibai gupta v. collector, jabalpur : air 1981 sc ..... collateral purpose and that the question as to who is the tenant and on what terms tenancy has been created are not collateral facts but are important terms of the contract of tenancy, which cannot be proved by admission of an unregistered lease deed into evidence.18. again in ratan lal v. hari shanker : air 1980 all 180, the allahabad high ..... in respect of a defined legal relationship, whether contractual or not'. sub-section 2 provides that 'an arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement', which as per sub-section 3 shall be in writing. sub-section 4 provides that 'an arbitration agreement is in writing if ..... it has been registered.provided that an unregistered document affecting immovable property and required by this act, or the transfer of property act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 1877, or as evidence of any collateral transaction not required to be effected by registered .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-22-2010
Reported in : JT2010(1)SC474; 2010(1)SCALE574; (2010)3SCC1; 2010(2)LC655(SC)
..... vedanta at 3:06 pm on 16.10.2007, it came to his knowledge that an irrevocable contract was concluded. apart from this, the mandate of section 7 of the indian contract act stipulated that an acceptance must be absolute and unconditional has also been fulfilled. it is true that in ..... the acceptance conveyed by the respondent, which has already been extracted supra, satisfies the requirements of section 4 of the indian contract act 1872. section 4 reads as under:communication when complete-the communication of an acceptance is complete...as against the acceptor, when ..... 15.10.2007 at 4.26 p.m. the petitioner submitted commercial offer wherein clause 6 contains arbitration clause i.e. 'this contract is governed by indian law and arbitration in mumbai courts'. at 5.34 p.m. though respondents offered their comments, as rightly pointed out by mr. ..... [email protected]; venkateshwar raosubject: trimex-imported_5 shipments 1.docimportance : highattachments: trimex-imported_5 shipments 1.doc dear swayam, please find the draft contract with clarification on various points as discussed in meetings and on phone today.please confirm the same in order.best regardsswami.ac)annexure p-12from: rajesh ..... ' one means a term without which the contract cannot be enforced then the statement is true: the law cannot enforce an incomplete contract. if by `essential' one means a term which the parties have agreed to be essential for the formation of a binding contract, then the statement is tautologous. if by .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-20-2010
..... to reliefs in view of the exception to section 19 of the indian contract act, 1872. sections 17 and 19 of the indian contract act read as under :- "17. `fraud' defined.- `fraud' means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to ..... involvement of the respondents or any of the members of the ipl sub-committee other than the said lalit modi in the negotiations or formation of the contracts dated 15.3.2009 and 23.3.2009. nor is there anything of such significance as to establish that the respondents had notice of ..... however, does not rest there. the question is whether the respondents officers, other than the said lalit modi had participated in the formation or the execution of the contracts or had anything to do with them subsequently or were aware of and had endorsed the agreements dated 25.3.2009.48. mr. ..... arrangement between the respondents and the petitioner or wsg-mauritius. nor is there anything on record that indicates the participation of the respondents in the formation or the execution of the agreements dated 25.3.3009. in my opinion, therefore, evidence would be required to establish the petitioner's case ..... have made no enquiry about the msm wsg- mauritius agreement of that date.had it been established that the respondents' officers had participated in the formation of the agreements dated 25.3.2009, it would not have been open to the respondents to say that they were unaware of the existence .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-17-2010
..... rs.125 crores after getting back the same from defendant- mauritius company.22. mr. dave submitted that the appellant-plaintiff (sony) also invokes the provisions of section 23 of the indian contract act, 1872 and submits that the very agreement dated 25th march, 2009 under which the respondent- mauritius company was to be paid rs.425 crores for the so called "facilitation services ..... judicial evidence by either party and such a situation cannot be properly gone into by the arbitrator. the reason for this appears to be obvious.41. section 28 of the indian contract act, 1872 reads thus :"28. agreements in restraint of legal proceedings, void. - every agreement -(a) by which any party thereto is restricted absolutely from enforcing his rights under or in ..... india (pvt.) ltd., referred to as 'wsgi" vide an indian premier league media rights license agreement (referred to in the plaint as ..... cricket in india (for short "bcci") owns and controls the commercial rights to each of the indian premier league (for short "ipl"), matches and player auctions related to ipl. after setting out the format of the ipl it is urged that global media rights and indian sub-continent internet and mobile rights pertaining to ipl were granted by bcci to world sport group .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-19-2010
Reported in : 2010(3)ALT1
..... being permitted to be introduced by way of amendment would never arise. a petitioner would only have to file one page petition alleging that the arbitrator had acted contrary to the contract and then, thereafter at the hearing of the petition, the petitioner would be able to refer to a specific claim awarded which according to him were contrary ..... for submission of disputes to london court of international arbitration (lcia). further as per section 11.05(c), satyam, venture and sves are required to act in accordance with indian companies act, 1956 and other applicable acts/rules being in force in india at any time, even if such laws are contrary to the shareholders' agreement.3. in 2000, satyam manufacturing technologies ..... private limited (sves) - second respondent herein; for providing engineering and computer services to automotive industry. the capital participation is in the ratio of about 50:50. the joint venture formation, ownership pattern etc., are governed by inter alia j.v. agreement, shareholders' agreement (both of 20-10-1999) and non-compete agreement, dated 11-02-2000 to which ..... (smti) entered into agreement with trw - a manufacturer and supplier of automotive equipment - to provide engineering and it services. they agreed to sub-contract to automotive .....Tag this Judgment!
Court : Armed forces Tribunal AFT Regional Bench Chennai
Decided on : Mar-06-2010
..... ) of 16.08.2004 seeking sanction of disability pension (including service pension) to the petitioner, which has subsequently been transferred to this tribunal after the formation of the armed forces tribunal under the armed forces tribunal act, 2007 and re-numbered as ta no.92 of 2009. 2. the petitioners affidavit to the petition briefly runs as follows : 2(a) the petitioner ..... reveal multiple calcified lesion on ct scan brain. this evidence of ct scan, the petitioner feels, could be a sequel to the brain infection which could in turn have been contracted during service and hence could be made attributable. since facilities of ct scan were not available in 1981, and after 20 years, the petitioner feels the fifth respondent can consider ..... joined the indian army on 04.03.1978 and after initial training at brigade of the guards, kamptee, he was posted to 6 guards located at nefa .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Aug-23-2010
..... nature as the matter relating to conferment of jurisdiction exclusively in one of the forums must be determined having regard to the provisions of the contract and not otherwise. a contract wholly governed by the indian contract act and an international contract where it is not, stand on different footings. before, however, rendering a detailed discussion on the said subject, we may notice some ..... - air 1957 patna 256, whereupon mr.vaidyanathan placed reliance, ramaswami, cj (as the learned judge then was) in a case involving the provisions of section 128 of the indian contract act, namely, a suit against surety wherein guarantees have been furnished and which suit had been decreed in regard to the question as to whether the decree passed against the surety ..... so far as its performance was unlawful by the law of the country where the contract was to be performed (lex loci solutionis). the continued relevance of this proposition, based on ralli bros v compania naviera sota y aznar, is considered below. the formation of a contract (offer and acceptance, consideration, and reality of consent) was governed by the law ..... which would have been the governing law had the contract been validity concluded, although not all of the authorities were clear and consistent. what law governed an .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT
Decided on : May-06-2010
..... are to be considered as incidental to mining and hence not taxable under the category site formation and clearance service. it is the submission that the hiring of equipment is the subject matter of the contract and the relevant heading would be supply of tangible goods services with effect form 16.5 ..... m. ramakrishna reddy vs. cce [2009 (13) str 661 (tri. bang.)] (ii) cce vs. svm nett projects solutions pvt. ltd. [2010-tiol-140-cestat-bang] (iii) indian national ship owners association vs. u.o.i. [2009 (14) s.t.r. 289 (bom.)] (iv) cce. vs. a.b. international [2007 (8) str 81] (v ..... is well settled law that reasonable cause can be reasonably said to be a cause which prevents a man of average intelligence and ordinary prudence acting under normal circumstances without negligence or inaction or want of bona fide. in all the cases decided under revisionary powers by the commissioner of service tax ..... service rendered by them. it is the submission that the commissioner has correctly invoked the provisions of section 76, 77 and 78 of the finance act, 1994 for imposition of penalties. it is the submission that the assessee had not declared the correct amounts in the service tax returns and hence ..... accept the contentions raised by the assesee and confirmed the demand and interest and also imposed penalties under section 76, 77 and 78 of the finance act, 1994. aggrieved by such an order, the assessee are before us in appeal. 4. ld. counsel on behalf of the appellant submits that the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-22-2010
..... had been correctly re-determined on the basis of the total distribution network cost as mandated under the commission (terms and conditions for open access -schedule of charges, fees & formats for open access) regulations, 2005; the west bengal electricity regulatory commission (terms and conditions for open access) regulations 2005 as well as the west bengal electricity regulatory commissions ..... determination of wheeling charges based on the interpretation directed by the tribunal would be ex facie contrary to the scheme contemplated under the applicable regulations framed under the electricity act, 2003 governing determination of wheeling charges. a combined reading of all the applicable regulations, according to the appellants, leads to the irresistible conclusion that for determining wheeling ..... at its premises. it has a captive power plant at hirakud, orissa. on 31.10.2003 respondents filed an application under section 9 and 42 of the electricity act, 2003 before the commission seeking permission for open access to wheel surplus captive power of an approximately 9 mw from its power plant to its belur factory. the ..... disposal of these two appeals. hindalco industries limited, formerly known as indian aluminum company limited (hereinafter referred to as respondent no. 1) has an aluminum and copper products factory at belurmath in west bengal within the distribution licence area of cesc. it had an existing contract demand agreement for 8.5 mw with cesc drawing power at the .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-16-2010
..... plea, the scrutiny of the court would be more intrusive if the challenge is at the threshold of a contract as distinguished from a breach of contract. it must be remembered that an article 12 authority cannot act unfairly or arbitrarily or unreasonably even while discharging contractual obligations and in appropriate cases, depending on the nature ..... the services provided.48. the stipulation in respect of providing minimum number of units to countries other than the country of manufacture, as specified, insofar as indian companies are concerned, hardly appears to be based on rationality. science and technology in india have been rapidly developing. products manufactured in india largely can match products ..... extended till 10.2.2010.-----------------------------------------------------------------------------------41. a bare perusal of the above particulars would not reveal that any empirical study had been undertaken to ascertain whether any indian company is engaged in the business of supplying air conditioned units for metro rail services or not and, if so engaged, whether its performance has been satisfactory ..... that kmrcl would appoint 'general consultant' for assisting it in evaluating the tenders. indian as well as international companies, either by themselves or as a joint venture/consortium were invited to complete the pre-qualification enquiry documents in pro-forma format. the applicants were required to have a good financial standing and performance record, requisite .....Tag this Judgment!