Court : Chhattisgarh
Decided on : Nov-07-2012
..... . clause 29.2 of the nit states, 'the notification of award will constitute the formation of contract, subject only to the furnishing of a performance security/ security deposit in accordance with clause 30.' 13. section 7 of the indian contract act, 1872 (the act) is titled `acceptance must be absolute'. it provides that the acceptance must be absolute and unqualified.14. in the ..... forfeited by the secl. conclusions 20 our conclusions are as follows: (a) the petitioner had neither deposited the performance security nor security deposit. thus, there was no completed contract between the parties. the general terms and conditions were not applicable; (b) in view of the last paragraph of clause 30.2 of the notice inviting tenders, only bid ..... . hence, the present writ petition. points for determination 7 we have heard counsel for the parties. the following points arise for determination: (i) whether there was any completed contract between the parties; (ii) in case the answer to the aforesaid question is in the negative, then whether the petitioner is liable to pay any amount of damages. 1st ..... present case, the acceptance was subject to furnishing performance security/ security deposit. it was not absolute. the contract could be formed, if the successful bidder had provided performance .....Tag this Judgment!
Court : Chennai
Decided on : Oct-29-2012
..... as a broker, p.w.8 sri.vairavan, the then chief officer of the indian bank, deposed about the contract between the assessee and the indian bank, and the contract note issued by the members of the stock exchange acting for the constituent as broker, was an agreement between the issuer and the buyer/seller. ..... the assessee's income. he submitted that the award passed in favour of the assessee is pending in o.p. under section 34 of the indian arbitration act before this court. he submitted that the fact is that the assessee's relationship with the bank was only that of a broker and at ..... the assessee was instructed to take demand drafts on the said amount. 18. he further pointed out that the bank, right through, had acted on the basis of the contract note and the parties herein were fully aware of the nature of relationship between them. in the background of the said facts, the commissioner ..... that the sum of rs.14,73,91,000/- was diverted at source itself as money due to indian bank. immediately on the receipt of the money from the indian bank, there was an implied contract to take demand drafts in favour of the eight public sector undertakings. in the circumstances, the question of ..... a formal agreement as referable to the status of the assessee as a broker and submitted that the contract note clearly pointed out to the relationship between the assessee and the bank, which is in a statutory format. hence, it is not open to the revenue to ignore the same. referring to the decision .....Tag this Judgment!
Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
Decided on : Oct-11-2012
..... ? . 23. as per this section, the acceptance must be absolute , unconditional and unqualified 24. let us now refer to section 8 of the indian contract act which reads as under: ??section 8 acceptance performing conditions, or receiving consideration: ??performance of the conditions of proposal, or the acceptance of any consideration for ..... into their communications and that is a well settled law that the acceptance must be absolute and unqualified as envisaged under section 7 of the indian contract act, 1872. both the parties have cited various rulings of the higher courts to buttress their contentions. let us first examine the communication dated ..... been a very natural and business like course for sir shapurji to take, and necessarily resulted, when the appellant accepted the terms, in the formation of a binding contract ? . 33. in the light of the above decisions, we shall discuss the issue taking note of the present facts of the case ..... 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 ? . (f) k. sriramulyu v. aswatha narayana, reported in air 1968 sc 1028. ?? ? .it appears to be well settled by ..... requested to kindly quote your rate at the delivery point mentioned in clause-1 above for purchase of above said power (in the prescribed format attached as annexure-a). your offer along with the documents as per para-11 must reach this office latest by 24.4.2009 upto .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-08-2012
..... have applied for vrs on the newly offered terms; this inference can be drawn from the manifestly lukewarm response to the then extant vrs. in other words, under the indian contract act or purely on equitable ground it would be unfair and legally inconceivable to hold the petitioners thereafter to retire, since the terms and initiative had been varied and departed from ..... voluntary retirement under these regulations. obviously, for the purposes of the scheme, it has to be understood to mean with necessary changes in points of details. section 23 of the contract act has no application to the present fact situation.xxxx49.) it was vehemently contended on behalf of the banks that vrs 2000 was a self-contained scheme and it provided for ..... no.231/2000 dated 23.11.2000, the 4th paragraph of the application states-i have opted for pension under the vijaya bank (employees) pension regulations, 1995. the same format is common to all banks, save for the change of the name of the employer. significantly, the succeeding paragraph-5 of that very application states-i also seek voluntary retirement ..... amended before the vrs 2000 was implemented for two reasons. firstly, the iba recommendations were merely so and no more. the recommendations would metamorphose into a binding and enforceable contract on their acceptance by each of the appellant banks followed by amendments to the regulations. secondly, this exercise would have to have been completed contemporaneously with the implementation of the .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Delhi
Decided on : May-15-2012
..... facts of the cases are delineated hereunder. the respondents have issued an advertisement in the employment news dated 27.12.2008 - 02.01.2009 inviting applications in the prescribed format from eligible indian nationals for filling up the vacancies for the post of pgt (computer science). the applicants have applied against the said advertisement and appeared in the written examination held on ..... of the aforesaid examination was being prepared by the university institute of applied management science which has conducted the recruitments under a contract with the navodaya vidalaya samiti and they are in the process of finalizing and publishing the results. however, according to the applicants, they came to know that the respondents have ..... held on 27.02.2010 but the respondents did not declare the results. waiting for fairly a long time, the applicants have approached the respondents under the right to information act, 2005 to know the reasons as to why the results were not being published. some of the candidates received letter dated 31.10.2011 informing them that the final result ..... these original applications are identical in nature and therefore, they are disposed of by this common order. 2. applicants have filed these oas under section 19 of the administrative tribunals act, 1985 seeking a direction to the respondents to declare the results of the written examination held on 09.08.2009 and the subsequent interview held from 08.01.2010 to .....Tag this Judgment!
Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided on : Aug-29-2012
..... ought to have been paid by the builder and, therefore, they should be reimbursed, then such claim would be covered u/sec.69 of the indian contract act and it will not fall with the scope of a consumer dispute. 15. furthermore, for the sake of argument if we presume that the ..... the quotation for repairs of terrace and external wall of society building rs. 28,87,500/- is concerned, as earlier pointed out since from its formation the society would be responsible for the maintenance of the buildings within their jurisdiction. similarly, there is nothing said on the basis of which it ..... society (and not on the basis of a brochure), we prefer to refer to some of those relevant clauses. clause 11 refers to the formation of co-operative housing society and obligation of the flat purchasers/shop purchasers to become a member of the society and to abide by the ..... as chief promoter and authorized signatory of the firm company which is registered under the indian partnership act, 1958. at the outset, it may be mentioned that if opponent builder firm is registered under the indian partnership act, then it will have only partners and not chairman and managing director which has a ..... with the members of the complainant and that the services provided by the opponents as ??promoter ? as per the provisions of maharashtra ownership flats act are defective, deficient and unfair trade practices towards the members of the complainants; b) this honble commission be further pleased to direct the opponents .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-16-2012
..... 25% or higher equity participation in the jv company, in which all the executants of dju shall be jointly and severally liable to the employer for successful performance of contract as per the format enclosed in the bidding documents. the joint deed of undertaking shall be submitted along with techno-commercial bid, failing which the bidder shall be disqualified and his bid ..... liable to be quashed. 17. on behalf of the respondent no.1 it was submitted by mr. mukul rohatgi, learned senior advocate, that the respondent no.1 company is an indian company jointly promoted by gammon india limited and ansaldo caldaie s.p.a., italy, who has been in the business of manufacturing, designing, erecting and commissioning of boilers since 1853 ..... is later. in the event that the majority stake holder in the jv company is an entity other than the qualified steam generator manufacturer, it should be an indian company and should have executed, in the last 10 years, large industrial projects on epc basis (with or without civil works) in the area of power, steel, oil & gas, ..... -turer 7.4.1 the bidder shall be a joint venture (jv) company incorporated in india under the companies act 1956 of india, as on the date of techno-commercial bid opening, promoted by (i) an indian company registered in india under the companies act 1956 of india and (ii) a qualified steam generator manufacturer meeting requirements of clause 7.1.1, created .....Tag this Judgment!
Court : Delhi
Decided on : May-03-2012
..... available to the assessing officer before he recorded the aforesaid reasons and whether these materials could afford a rational nexus or live link to the formation of the belief that income chargeable to tax had escaped assessment, we requested the learned addl. solicitor general, who appeared for the respondent, ..... has formed the belief that the petitioner-assessee has earned income from business which was being controlled from indian territory. he has further stated that the role of the petitioner under the oil contracts was that of providing services to one george curmi, consultant, who in turn procured the buyer, m ..... , we see no merit in the writ petition. accordingly, we uphold the jurisdiction of the respondent to issue notice under section 148 of the act on 17th february, 2009 reopening the assessment of the petitioner on the ground that income chargeable to tax had escaped assessment. all interim orders passed ..... the opportunity to get some crude oil allocation from iraq which can be bought by some company interested in the same. the petitioner apparently acted on the proposal and contacted george curmi, who was able to find m/s masefiled who was interested in getting the oil. george curmi ..... non-resident and declared property income and interest income therein. it would appear that the return was accepted under section 143(1) of the act. on 17th february, 2009 the respondent issued a notice under section 148, which is the impugned notice, calling upon the petitioner to deliver .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-01-2012
..... of computing the profit @ 10%. accordingly, in order to compute the income u/s.44bbb, the revenue from all the contracts entered into by the assessee with government of india or indian entity like nuclear power corporation are to be included and, therefore, the profit rate of 10% as envisaged in section ..... there is tangible material to come to the conclusion that there is escapement of income from assessment. reasons must have a life link with the formation of the belief. 19) therefore, reassessment has to be based on fulfillment of certain pre conditions and in the garb of reopening an assessment revenue ..... reasons which may weigh with the ao may be the result of his own investigation and may come from any source that he considers reliable. formation of his belief is not a judicial decision but is an administrative decision. the principle that emerges from the above judgment is that if the ..... chargeable to tax within the meaning of section 147 of the act has escaped assessment on the basis of information and material available with the ao. the reassessment proceedings initiated ..... /s 147 of the act. in the case under reference, it is apparent from the record that the ao has acted fairly and judiciously and had enough reasons to believe for reopening the case. 4. the necessary prerequisite for issuance of notice u/s. 148 is the formation of belief that income .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-01-2012
..... 1958 ap 533) ??thus, the mere fact that a new and a collateral terms is annexed to an absolute acceptance would not affect the formation of the contract on the basis of the original offer which is unconditionally accepted. as observed in the case of jainarain v. surajmull, air 1949 fc 211 at ..... of the material on record, may be treated as grave error and/or legal misconduct. 32 i have already observed in axiosnavigation co. ltd. vs. indian oil corporation limited (2012 vol. 114 (1) bom. l.r. 0392) ??19 the court even otherwise, is entitled and empowered to express opinion ..... view of the matter and the award so placed on record, "m/s. aject", the minority view required to be maintained. but under the arbitration act the court, under section 34, nowhere permitted to accept the minority view, in such manner. the challenge under section 34 petition is always to the ..... changed unless consented at earliest: 29 i am inclined to observe here that in such commercial agreements and basically when both the parties agreed and acted upon, just cannot be change any clause and/or clauses of formula unilaterally, unless there is consent and/or the further agreement and/or amendment ..... whether the calculations were in accordance with the formula. therefore, in effect, the arbitrator has acted beyond the scope of his reference in eliminating an important factor in calculation of the formula. ? the similar contract and same formula, but different view by another tribunal and its effect: 27 it is relevant .....Tag this Judgment!