Court : Supreme Court of India
Decided on : Feb-14-2014
..... clause that the court has to concern itself with. the court in this case, according to dr. singhvi, is not required to determine whether there is a concluded contract, under the indian contract act, 1872. the court has to see whether there is a valid arbitration agreement. dr. singhvi emphasised that it is for the arbitrator to decide the question with regard ..... is claimed to be void or voidable or unconcluded by one of the parties.81. the scope and ambit of provision contained in section 16 of the indian contract act has been clearly explained in reva electric car (supra), wherein it was inter alia observed as follows: 54. under section 16(1), the legislature makes it clear that while ..... senior counsel, has to establish the existence of arbitration agreement. dr. singhvi, in this context, relied upon section 7 of the indian arbitration act, 1996 which has three constituents ..... to the formation of the underlying contract (ipla). further, learned senior counsel submitted that the status of ipla will not nullify the arbitration clause.48. the respondent, according to the learned .....Tag this Judgment!
Court : Chennai
Decided on : Nov-21-2014
..... under the circumstances, there was reciprocal promises. under those circumstances, ex.a1 came into being. it will fall under section 2(d) of the indian contract act. 42 in loganathan (a.i.r.1969 madras15 it was held that abstinence from launching a criminal prosecution for commission of an offence cannot be a ..... circumstances to the plaintiff to repudiate the transaction altogether and claim a relief outside it in the form of restitution under section 65 of the indian contract act. although no such alternative claim was made in the plaint, the privy council allowed it to be advanced and gave a decree on the ..... would further reply that the evidence shows that defendant desired the execution of ex.a1. it will fall under section 2(d) of the indian contract act. 22 the learned counsel for the appellant would also reply that as per the admitted case of the defendant on account of missing of gold ..... promisor. ex.a1 was executed at the instance of one of the mediators.thus, it is not consideration as per section 2(d) of the indian contract act. 17 another argument of the learned counsel for the respondent is that as a consideration for plaintiff to abstain from preferring a police complaint against ..... executed. the admitted case of the defendant is that it has been executed in lieu of missing of a gold chain weighing four sovereigns. 36 formation of a contract consists of offer and acceptance . it will result in an agreement. but, to be enforceable, it must be for a valid consideration. then .....Tag this Judgment!
Court : Delhi
Decided on : Oct-15-2014
..... that the draftsman of the indian contract act could not have envisaged use of the telephone as a means of personal conversation between parties separated in space and could not have intended to make any rule in that ..... once the communication link had been established. the supreme court, by virtue of its majority decision, went on to hold as under:?14. 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 make any rule in that behalf ..... parties being in a sense 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.? (underlining added) 22. it is interesting to note that the supreme court had observed ..... telephone to the plaintiffs.? in doing so, the supreme court considered the relevant provisions of the indian contract act, 1872 as also the common law of england. the supreme court also undertook to compare contracts concluded over the post and telegraph on the one hand and contracts concluded over the telephone on the other. the supreme court noted that acceptance and intimation of .....Tag this Judgment!
Court : Kolkata
Decided on : May-08-2014
..... do so. the learned judge held, the company was absolved from its liability. with due respect, his lordship might have overlooked the provisions of sections 40 and 41 of the indian contract act. be that as it may, we would raise a more fundamental question. we are prompted to do so in view of the division bench decision in the case of sr ..... prima facie. in our considered opinion, something cannot both be prima facie as well as indisputable at the same time. ******** ********* 60. the general view and also our view that the formation admission of the stage opinion that of the the debt single of judge the at the company is indisputable, and the binding and final nature of that opinion, does not .....Tag this Judgment!
Court : Delhi
Decided on : Jul-30-2014
..... cover and hedge its exchange fluctuation risk. the documents were to be prepared in standard form, though the plaint avers that the standard format was not made known to the plaintiff ; yet the borrower allegedly relied on the representations of the bank. the borrower claimed that the defendant ..... with the respondent bank, and the former had filed a civil suit in ludhiana seeking a declaration that these contracts were void as they were contrary to the foreign exchange management act, 1999 and circulars and guidelines of the rbi. the civil judge had granted an order directing the parties to ..... court/high court could be curtailed, as the transfer power was an inherent power vested in them. however, the court in nahar (supra) found that indian bank (supra) and ranjan chemicals (supra) sidestepped the main question of whether transfer itself was permissible, in these terms: 56. we are not here ..... a court subordinate to the high court for the purpose of exercise of transfer power under sections22 - 25, cpc.24. the court in nahar considered indian bank (supra) and sbi v. ranjan chemicals, (2007) 1 scc72the emphasis in both those cases was on the requirements that needed to be fulfilled ..... i.e. the borrower in this writ petition had sought to hedge risk against fluctuation in the currency exchange rate of us $ against the indian rupee. the defendants in the suit were the bank and its representative had proposed to the borrower to enter into derivative transactions, as it would .....Tag this Judgment!
Court : Chennai
Decided on : Apr-25-2014
..... (b) of the tamil nadu transparency in tenders and rules 2000 herein after referred to as the rules. thus the existing district level tender documents clearly violates the above act. the appropriate indian standard for the egg is agmark specifications which is not mentioned anywhere in the tender documents at district level. (3) the tender documents does not mention anything about the ..... grounds. a perusal of the typed-set of documents annexed to the said petitions, would disclose that one p.rajendran, advocate, has filed an application under rti act with regard to the awarding of contract in respect of the earlier tender and the petitioner in w.p.no.32302/2012 viz. r.chinnusamy, has also filed an application in respect of the ..... director of social welfare, who was consulted in the matter, has stated that the state level tender system has both advantageous and disadvantageous and the advantageous are that cartel formation by the contractors may be avoided, expenditure on advertisement and staff cost at district level may be reduced and more organisations will participate in the tender and disadvantageous are that ..... no connection whatsoever, either with the tender forming subject matter of the present litigation, or with the proceedings allegedly pending in the state of karnataka, or with any other tender/contract in the state of karnataka, though the appellants took a stand that one of the constituents, in which, mr.kumarasamy is a major stakeholder, has been facing criminal prosecution. .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-10-2014
..... been supported by any authority and that such an interpretation runs counter to the principles of the ordinary law of contract. referring to commentary in pollock and mulla on the indian contract act, the plaintiff contends that a contract implies two parties and that a contract can only be bilateral. 75. the plaintiff has further emphasized that the defendants argument runs counter to section 2(1 ..... the emails sent by the defendant, dated 22nd august, 2012 (exhibit l to the plaint), 3rd september, 2012 (exhibit m to the plaint) and 6th april, 2013. this indicates the format of the draft of the agreement, which is at exhibit o to the plaint. 38. however, the defendant argues that a perusal of the said document which was executed on ..... 22nd august, 2012 and 3rd september, 2012, vide emails of even dates, the representatives of the defendant requested the plaintiff to execute and provide (a) the membership agreement in the format provided therein; (b) a postdated cheque (pdc) as per clause 9 of the said agreement; and (c) a postdated cheque declaration (pdc declaration) in the ..... format provided therein. the defendant refers to the membership agreement as the ??exchange-member agreement ? . 7. on 25th march, 2013, the plaintiff by hand delivery, delivered a blank cheque bearing no. .....Tag this Judgment!
Court : Mumbai Aurangabad
Decided on : May-09-2014
..... court has considered that later expression of the will of the sovereign in contrast with the stipulation as contained under sections 2(a) and 3(2) of the disqualification act would enable formation of electoral aghadis or fronts. in the case before the supreme court, it was the registration of the aghadi which was being contested and the disqualification under the circumstances ..... to the notification of election results on registration has been accorded and adorned with status of pre-poll aghadi, an aghadi as has been referred to under the mlamd act. 67. formation of post-poll aghadi within one month of notification of election results and its registration denotes that it is for the purpose of and would be required to be considered ..... of which, said object would have been hindered and difficult to be achieved. 56. the second proviso to sub-section (2b) of section 63 of maharashtra municipal councils act provides a room for formation of aghadi within a period of one month from the date of notification of election results and accords it status of a pre-poll aghadi on registration. for ..... a given case, the variation might result in the consequence of rendering some of the councillors disqualified for continuing as councillors. section 31-a of the municipal corporation act only enables the formation of an aghadi or front within a month from the date of the notification of the results of the election to the municipal corporation. to permit recognition of variations .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jun-30-2014
..... furthermore, pvr pictures case did not deal with creation of rights over immoveable property as in the present case. the provisions of section 202 of the indian contract act have not been taken into consideration in the pvr case. section 202 is reproduced herein below for ready reference: 202. termination of agency, where agent ..... in nature and were dependent on the happening of certain events in the future and as such are not enforceable as per section 32 of indian contract act, 1872.40. it is further submitted that no interest and/or right could have passed in favour of respondent in the absence of grant of ..... acceptance of the terms of agreement, which is the end sheet of the contract. bohl says that it is not a contract but a contract to enter into a contract, on this i would come later. the term sheet, however, contemplates formation of definitive kumar paritosh 2014.07.02 11:59 i attest to the ..... the project. however it was also agreed that the same may be modified at the time of execution of the project as per mutual consent iv) format of mis for construction and sales progress v) method of appointment of team to monitor and audit the sales of the project vi) marketing, advertising, ..... this document fao no.1620 of 2014 and 2 connected cases 18 collaboration agreement. he has taken this court to the correspondence with respect to formation of the arbitral tribunal of the hon ble judges and that their nominee arbitrator justice mukandakam sharma is still in position. he points out to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-05-2014
..... of the three transactions and the documents were signed by pw-3, but this was under a mistaken thought that he was merely signing a format prescribed by the bank. thus, the appellant abused his position in collusion with mehta resulting in transfer of public funds to private account of an ..... of the same transaction, on or about 23.04.1991, the said harshad shantilal mehta (since deceased), while purporting to act as broker for uco bank, dishonestly issued two contract notes to eepc, mumbai, showing, purchase of 35 lakh units of units1964scheme at rs.1500 per unit on ready forward basis ..... in that behalf from the issuing bank, and that you thereby committed an offence punishable under section 120-b read with section 409 of the indian penal code and within my cognizance. twelthly: that in pursuance of the said criminal conspiracy and during the course of the same transaction, on ..... instructions in that behalf from the issuing bank, and that you thereby committed an offence punishable under section 120-b read with section 409 of the indian penal code and within my cognizance. sixthly: that in pursuance of the said criminal conspiracy and during the course of the same transaction, on or ..... not backed with securities and that you the accused abovenamed thereby committed an offence punishable under section 120-b read with section 467 of the indian penal code and within my cognizance. fourthly: that in pursuance of the said criminal conspiracy and during the course of the same transaction, on .....Tag this Judgment!