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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Year: 2011 Page 1 of about 124 results (0.077 seconds)

Jul 11 2011 (TRI)

Tata Teleservices (Maharashtra) Ltd Vs. Union of India

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-11-2011

..... by the parties relying on or on the basis of the doctrine of special privilege. it is bound by its own policy decision. indian contract act 68. the provisions of the indian contract act, 1872 will, therefore, apply in the matter of formation of contract. we may notice certain provisions thereof. 69. section 2 provides for an interpretation clause. 70. we may notice section 2(b ..... counter claim should be allowed. (viii) in any event, it is neither necessary for the purpose of compliance of article 299 of the constitution of india as also indian contract act that any contract in writing should be entered into. (ix) the right of forfeiture of the earnest money deposit flows from the binding nature of the offer made by the petitioner ..... was unequivocally accepted in the following terms :- 50. 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: 4. communication when complete- the communication of an acceptance is against the acceptor, when it comes to the knowledge of the ..... ), 2(c) and 2(h) thereof. 2. interpretation clause in this act the following words and expressions are used in the following senses, unless .....

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Aug 30 2011 (HC)

C.Chandrasekaran Vs. R.Srinivasan

Court : Chennai

Decided on : Aug-30-2011

..... and which renders performance of the contract by one or both parties physically and commercially impossible. 29. in the ..... which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. 28. it is a pristine principle of law that section 56 of the indian contract act, 1872 deals with frustration. frustration signifies a certain set of circumstances arising after the formation of the contract, the occurrence of which is due to no fault of either party ..... it would be more useful to look into section 56 of the indian contract act, 1872 and the same reads as follows: agreement to do impossible act.-an agreement to do an act impossible in itself is void. contract to do act afterwards becoming impossible or unlawful.-a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event ..... nadar), wherein the honourable apex court has dealt with section 56 of the indian contract act, 1872 and ultimately observed that doctrine of frustration of contract is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of section 56 of .....

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Jun 03 2011 (TRI)

Wire and Wireless India Pvt. Ltd Vs. M/S Information Tv Pvt. Ltd.

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jun-03-2011

..... smt. nilima rani and ors. jairborthan, 1969(3) scc 445, the supreme court invoked the provisions of section 63 of the indian contract act in terms whereof a promisee may dispense with the performance of the promise made to him or he can accept, instead of it any satisfaction of the ..... the high authority of chitty on which reliance has been placed by mr. bhagwati prasad, itself would, therefore, show that no variation of a contract required to made or evidenced by writing must be made or evidenced only by writing.[see also paragraph 23-033, page 1466] in the aforementioned situation ..... refer to an election between inconsistent rights. waiver is relevant where difficulties of form or absence of consideration mean that there is no variation of the contract. waiver was developed by the common law mainly as a device for evading the formal requirements of the statute of frauds, but because, as we ..... the validity whereof is not in question, both `waiver as also `modification in the contract could have been carried out only by an instrument in writing. even otherwise in terms of section 92 of the indian evidence act, no other evidence would be admissible. the petitioner in support of its case has examined three ..... contract which he thinks fit. such is not the position here. we may, however, notice that at the stage of formation of a contract it is possible to invoke the doctrine of `acceptance sub silentio. it has been .....

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Jun 08 2011 (TRI)

Shalini Zen Tv Network Vs. Sumangali Cable Vision

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jun-08-2011

..... thus, principally is governed by regulations in terms whereof respondent was bound to supply signal to petitioner. right and liabilities of the parties beginning from formation of contract ending with the termination thereof are governed by the provisions of regulations. petitioner herein has rested his grievances inter alia on violation of the provisions ..... the preliminary issue raised by mr kathpalia that this petition is not maintainable as petitioner firm is not registered under section 69(2) of the indian partnership act. it is not denied or disputed that both the parties hereto are service providers within the meaning of the regulations. respondent itself has raised many ..... of respondent, on the other hand, submitted :- (a) the petitioner not being registered as a partnership firm in terms of section 69 of the indian partnership act, this petition is not maintainable. b) having regard to the admitted fact that respondent had been supplying signals to at least 7-8 link operators including ..... of the parties to a lis must rest on the principles of law as adumbrated in different provisions of the evidence act. in this case, the burden of proof was on petitioner having regard to the provisions contained in ss 102 and 103 of the evidence ..... act. it is difficult to accept that although petitioner had been transmitting the signals of private channels to as many as 64 lcos .....

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Dec 02 2011 (SC)

Suresh Dhanuka Vs. Sunita Mohapatra

Court : Supreme Court of India

Decided on : Dec-02-2011

Reported in : 2012(1)SCC578; 2012(1)LW372; 2012(1)KLT45SN; 2012(1)SCJ675; 2012(1)ALT49; AIR2012SCW369; 2012(1)KCCR17(SC)(SN)

..... and no interference was called for therewith. 26. in a short reply, mr. pradip ghosh submitted that in the instant case there was no violation of section 27 of the indian contract act, 1872, as the injunction sought for was not on trade or business but in respect of use of the trade mark. 27. from the submissions made on behalf of the ..... from using the trade mark which was the subject matter of dispute. accordingly, the provisions of section 27 of the indian contract act, 1872, would not be attracted to the facts in this case. for the sake of reference, section 27 of the above act is reproduced hereinbelow :- 27. agreement in restraint of trade, void.- every agreement by which any one is restrained from ..... appellant an opportunity of dealing with the same? (iv) whether the invocation of section 42 of the specific relief act, 1963, to enforce the negative covenant contained in the deed of assignment, was contrary to the provisions of section 27 of the indian contract act, 1872 and was, therefore, void? 31. as far as the first two questions are concerned, the terms of the ..... respective parties and the materials on record, it is clear that the respondent who was a manufacturer of herbal products entered into an agreement with the appellant resulting in the formation of a joint venture company under the name and style of abhilasha. the said agreement was initially for a period of 5 years from 1st april, 1999, and, thereafter, extended .....

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Jul 04 2011 (TRI)

Tata Teleservices Ltd. and Another Vs. Union of India and Others

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Jul-04-2011

..... was executed between the competent authority and the respondent. 89. our attention was also drawn to the well known treatise of chitty on contract, which merely states that loi would lead to a presumption of the formation of a contract where the language thereof does not negative the contractual intentions. 90. in a given case, apart from the fact that the loi holders ..... the offer of grant of licence shall stand withdrawn at the expiry of permitted period. 115. indisputably, the licences are governed by provisions of the indian telegraph act, 1885, indian wireless telegraphy act, 1933 and telecom regulatory authority of india act, 1997, as modified and prescribed from time to time. 116. at that point of time, in terms of paragraph 32 of the said ..... for the licensor, bearing in mind a particular fact situation not to part with its privilege by granting licence in terms of the proviso appended to section 4 of the indian telegraph act, 1885. an existing licensee shall, however, stand on entirely different footings. 91. there exists a clear distinguishing feature between an existing licensee and the new licensees. whereas in ..... to use gsm technology also in addition to the cdma technology being used under the existing uas licence(s) issued to the company under section 4(2) of the indian telegraph act, 1885 and shall not confer any right on the licensee for allocation of radio-spectrum for operating wireless access services or establishing back-bone radio-links. spectrum shall be .....

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Aug 11 2011 (HC)

Anita Garg Vs. M/S. Glencore GraIn Rotterdam B.V

Court : Delhi

Decided on : Aug-11-2011

..... the arbitral tribunal held within its territorial sway. we hasten to clarify this point since in videocon it was specifically recorded that the contract was regulated by the indian law. section 34 of the a&c act comes into relevance only after the arbitral tribunal has pronounced its award and thereupon renders itself functus officio. ergo, the arbitration clauses mentioning ..... or implicitly excluded by the parties. their lordships had further clarified that a foreign award is enforceable in india by invoking the provisions of the a&c act or, significantly, even the cpc. the contract in that case did not so specify. 5. venture global engineering -vs- satyam computer services ltd. twice engaged the attention of the hon'ble supreme ..... an even number of arbitrators would be contrary to the statute. 32. we have carefully considered the correspondence exchanged between the adversaries before us which witnesses the formation or emergence of a contract; as also whether the parties had, at all, considered the application of the laws of only one particular country for a total adjudication of their disputes. ..... otherwise agree, shall be kuala lumpur, malaysia, and shall be conducted in the english language. insofar as practicable, the parties shall continue to implement the terms of this contract notwithstanding the initiation of arbitral proceedings and any pending claim or dispute. notwithstanding the provisions of article 33.1, the arbitration agreement contained in this article 34 shall be .....

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Sep 02 2011 (HC)

Padam Chandra Singhi and ors. Vs. Dr. P.B. Desai and ors.

Court : Mumbai

Decided on : Sep-02-2011

..... . the agreement is for treating a patient for consideration. it would, therefore, be an agreement enforceable at law and consequently a contract under section 2 (h) of the indian contract act, 1872. the acceptance by defendant no.1 as the promissee has to the absolute and unqualified under section 7 (1) of the ..... of defendant no.2 as the patient of defendant no.2 or under his care and treatment. the consent of the plaintiff in the prescribed format is signed by the original plaintiff no.2 herself. the evidence of the plaintiff no.1 that the consent was given only by the original ..... is substantiated and cannot be brushed aside by oral evidence of defendant no.1 to the contrary which stands excluded under section 91 of the indian evidence act. 80.hence the plaintiffs' lament that they could not even approach defendant no.1 as he never attended to the original plaintiff no.2 ..... the law relating to proof of documents by secondary evidence is specifically enacted. may be mentioned that under section 65(c) of the indian evidence act when an original document has been destroyed or lost and cannot be produced within a reasonable time, secondary evidence of its contents is admissible. ..... defendant no.1 would have to be seen from the documentary evidence, the oral evidence being excluded under the provisions of section 91 of the indian evidence act. 34.the case papers exhibit-h show the initial admission form with the various endorsements thereon. the relevant names of the doctors in the .....

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Jul 29 2011 (HC)

Kainash Ram Kochar Vs. State of U.P. and Others

Court : Allahabad

Decided on : Jul-29-2011

..... of law having jurisdiction in relation thereto, the same remain binding. it is one thing to say that agreements are void or voidable in terms of the provisions of the indian contract act having been obtained by fraud, collusion, etc, or are against public policy but it is another thing to say that without questioning the validity thereof, the respondents could have maintained ..... not necessary to comply with the provisions of article 299 of the constitution of india. an agreement between the parties need not furthermore be strictly in terms of a prescribed format. 18. keeping in view the fact that the condition precedent for maintaining application for reference under section 18 is non-acceptance of the award by the awardee, in our ..... in view of the discussion made by the land acquisition officer in the award and working details given in the annexures made therein, it is clear that the parties having contracted to receive compensation the question emerges whether they are entitled to seek a reference. on making an award under section 11 and issuance of the notice under section 12 of ..... protest and some accepted without protest. the apex court made following observations in paragraph 5: ....inasmuch as the appellants have filed an application for reference under section 18 of the act that wil manifest their intention. therefore, the protest against the award of the collector is implied notwithstanding the acceptance of compensation. the district judge and the high court, therefore, .....

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Feb 04 2011 (TRI)

M/S Vodafone Essar Mobile Services Ltd. Vs. Mahanagar Telephone Nigam ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Feb-04-2011

..... this behalf must also be borne in mind, namely that a court may exercise its power of judicial review at the threshold of formation of a contract as was the case in ramana dayaram shetty v. the international airport authority and ors. air 1979 sc 1628and the cases where the ..... exchanges is the question involved in these petitions. factual background the petitioner is a licensee within the meaning of section 4 of the indian telegraph act, 1885 (the 1885 act). the respondent herein is one of the successors in interest of department of telecom of the ministry of information and communication. the ..... .8/2003, disposed of on 11.2.2010, this tribunal held:- the respondent being the licensor has, in terms of section 4 of the indian telegraph act, 1885, a special privilege in the matter of grant of license. the statutes contemplates imposition of any term and condition therefor which, it may be ..... to lift all those stocks even if the state suffers- loss. this one-sided obligation, in modification of express terms of the contract, in the name of duty to act fairly, is what we are unable to appreciate. in this case, however, no fresh obligation is sought to be created on ..... be considered having regard to the mandatory provisions contained in the license agreement. the supreme court of india in karnataka state forest industries corporation v. indian rocks reported in (2009) 1 scc 150 has held as under :- 38. although ordinarily a superior court in exercise of its writ jurisdiction would .....

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