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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Year: 2015 Page 1 of about 201 results (0.140 seconds)

Feb 09 2015 (HC)

Choice Hotels International Inc Vs. M Sanjay Kumar and Anr

Court : Delhi

Decided on : Feb-09-2015

..... instantaneous 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 ..... observed 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 ..... the 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 in-applicable. (underlining added) 22. it is interesting to note that the supreme court had ..... 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 .....

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Apr 30 2015 (HC)

Telewings Communication Services Pvt Ltd Vs. Viom Networks Ltd

Court : Delhi

Decided on : Apr-30-2015

..... registration issued to ip-1 companies by the dot in terms of which they can provide services only to licensees under section 4 of the indian telegraph act, 1885 and not other ip-1 companies.18. according to viom, apart from the fact that any dispute in relation to the provision of ..... including each third party site, both the parties strictly adhered to the procedure laid down in the msa and executed the handover protocols in the format given under appendix b of the msa. it is stated that viom has executed such handover protocols in relation to each third party site in ..... proceedings but cannot stop providing the services. mr. nayar, however, added that as of date none of the ip service providers have terminated their contracts with viom. as and when they did that, then to that extent the petitioner would not insist that viom should continue to provide services on such ..... relation to the third party sites viom has individual arrangements with other ip service providers, he states that viom cannot during the pendency of those contracts with the other ip service providers wriggle out of the msa only because the differential cost is not paid to viom by the petitioner. in ..... possible for the respondent to continue their agreement with the third party ip-1 companies. the respondent requested the petitioner to directly enter into a contract with third party ip-1 companies for the third party sites. according to the respondent it made various efforts to facilitate the negotiations between the .....

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Jan 14 2015 (HC)

Kusum Sharma Vs. Mahinder Kumar Sharma

Court : Delhi

Decided on : Jan-14-2015

..... to the duty of the court to ascertain the truth and the duty of the parties to disclose their income under section 106 of the indian evidence act, this court has formulated the format of the affidavit of assets, income and expenditure attached to this order as annexure a which shall form part of this judgment. the documents required to be filed along ..... . 14.4 mr. hasan anzar and ms. samana suhail, advocates, have given the following suggestions: (i) the aforesaid procedure should also be followed in cases relating to special marriage act and indian divorce act. (ii) the copies of the affidavits and the pleadings should be exchanged by the counsels by e-mail. (iii) corpus should be created for the minor children and unmarried ..... income of the parties is within their personal knowledge and therefore, the onus to prove their true income is on them under section 106 of the indian evidence act. 7.2 section 106 of the indian evidence act reads as under: section 106- burden of proving fact especially within knowledge when any fact is especially within the knowledge of any person, the burden of ..... the affidavit prescribed in puneet kaur s case is quite comprehensive. ms. anu narula however has suggested that the employees of the mncs normally have two separate contracts, one pertaining to the salary and the other pertaining to the incentives/commissions, which they do not normally disclose to the court. the employee of the companies should disclose the .....

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Oct 13 2015 (HC)

SIDERALBA S.P.A. Vs. Shree Precoated Steels Ltd.

Court : Mumbai

Decided on : Oct-13-2015

..... the petitioner is a company incorporated under the laws of italy and has its registered office at italy. the respondent is a public limited company incorporated under the provisions of indian companies act, 1956 and has its registered office at mumbai. 3. some time in the year 2005, according to the petitioner, the petitioner and the respondent were introduced to one ..... be passed by the arbitral tribunal against the respondent based on such unilateral undertaking relied upon by the petitioner against the respondent, which was not connected with the subject contract between the parties is concerned, a perusal of record indicates that the respondent also has placed reliance on the written statement filed by m/s.nagit trading llc in ..... raise any jurisdictional objection relating to the claim of the petitioner for reimbursement of the damages suffered due to failure of m/s.nagit trading llc to perform the nagit contract during the preliminary hearing or during the following months. he submits that the finding of the arbitral tribunal that the respondent appropriately accepted the jurisdiction of the arbitral tribunal ..... . 8. by an email dated 28th february 2006 addressed by the petitioner to the agent of the respondent, the petitioner sought a further clarification regarding the payment of revised contract price modifying the letters of credit and payment of the difference in the price prior to the shipment. the petitioner sought a fresh proforma from the respondent with the appropriate .....

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Apr 10 2015 (HC)

Dr. Janet.J Vs. State of Kerala

Court : Kerala

Decided on : Apr-10-2015

..... follows: "i do hereby undertake to work on non- stipendary basis during my internship after the completion of my course".16. a true copy of the format of that service bond is produced as ext.p35. ext.p35 shows that the allegation raised against the petitioner about the drawing of double salary as assistant ..... the decisions of the apex court in s.r.tewari v the district board agra (air1964sc1680, u.p. state warehousing corporation v c.k.tyagi (air1970sc1244, indian airlines corporation v sukhdeo rai (air1971sc1828, executive committee of vaish degree college, shamli and others v lakshmi narain and others (air1976sc8881). the right of an employee ..... copy of fererence order passed by the jfcm court no.iii, palghat dtd133/2014. ext.p22:true copy of the relevant pages of notification passed by indian nursing council262/2007. ext.p23:a true copy of the proforma submitted by prof.usha marath dated212.2011. ext.p24:a true copy of the proforma ..... /2001 issued by the district medical officer, malappuram. ext.p2:true copy of circular f no.1-5/gb-cir/2011-inc dtd298/2011 issued by indian nursing council. ext.p3:true copy of the circular no.g-3232/12/nc dtd217/2012 issued by the state govt. ext.p4:true copy of ..... true copy of the letter no.e/920/2013/si-met dtd2410/2013 issued under right to information act. ext.p8:true copy of the appointment order no e/1004/2011/si-met dtd156/2011 along with contract of appointment. ext.p9:true copy of letter no.e10042011/si-met dtd68/2012 issued by the2d respondent .....

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May 29 2015 (HC)

Commissioner of Income Tax-Iv Vs. M/S. Grup Ism P. Ltd.

Court : Delhi

Decided on : May-29-2015

..... to the two foreign concerns was not consultancy fee. as regards marble arts & crafts, the services included guiding the assessee about the procedural aspect of obtaining payment, checking the format and documentation of ita3252014 page 2 invoice and other papers to be submitted for approval to the works department, abu dhabi; checking invoices submission of invoices to respective authorities and ..... a consideration at 5% of the gross remittances receivable from the works department, abu dhabi for assisting the appellant in the day to day work towards checking the documentation and formats for invoices etc., cgs international was paid 15% of the sum received by the appellant from the works department, abu dhabi towards soliciting business for the appellant. there is ..... undertakes to perform it, which the acquirer may use. the service must be rendered in the form of an advice or consultation given by the non-resident to the resident indian payer.? (emphasis supplied) subsequent to the decision in panalfa autoelektrik (supra), the aforesaid definitions were also adverted to by the supreme court in gvk industries ltd. v. ito, (2015) ..... site at abu dhabi. as regards the abu dhabi component of the agreement with the works department, the assessee was to act as consultant for procurement of marble, its processing, cutting etc. the cit held that ?in short, the contract was for organizing procurement of makrana marble from india and supervising its processing at abu dhabi. the first part of the .....

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Jan 06 2015 (HC)

Baroda Road Tankers and Anr. Vs. Deputy General Manager - Lpg North Zo ...

Court : Delhi

Decided on : Jan-06-2015

..... laid down to ensure that the contractor has the capacity and the resources to successfully execute the work; and (e) if the state or its instrumentalities act reasonably, fairly and in public interest in awarding contract, here again, interference by court is very restrictive since no person can claim fundamental right to carry on business with the government. w.p.(c) 8776 ..... axle) whereas peso certificate with gvw of 35200 kg (two axle) gujarat registered t/l such smart card does having rc book in not contain any date of smart card format rlw/ulw. this data can not be verified. some transporter have submitted the screen shot which does not contain any signatures/rubber stamp of rto authorities. w.p.(c) 8776 ..... as laid down by oisd and other statutory authorities and amendments issued from time to time; (iv) pressure vessel to be designed and constructed and tested in accordance with the indian standards is:2825. and amendments issued from time to time; (v) central motor vehicle (fifth amendment) rules,2005 and amendments issued from time to time; (vi) requirement as per ..... than a year old calculated from the date of the tender advertisement.2. through a common advertisement, three the respondents, i.e., (hereafter called "the oil marketing companies" consisting of indian oil corporation ltd ("iocl"); bharat petroleum corporation ltd (bpcl) and hindustan petroleum corporation ltd (hpcl) invited electronic bids for transportation of bulk liquefied petroleum gas ("lpg") by road. the w .....

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Jan 06 2015 (HC)

Baroda Road Tankers and Anr. Vs. Deputy General Manager - Lpg North Z ...

Court : Delhi

Decided on : Jan-06-2015

..... laid down to ensure that the contractor has the capacity and the resources to successfully execute the work; and (e) if the state or its instrumentalities act reasonably, fairly and in public interest in awarding contract, here again, interference by court is very restrictive since no person can claim fundamental right to carry on business with the government. w.p.(c) 8776 ..... axle) whereas peso certificate with gvw of 35200 kg (two axle) gujarat registered t/l such smart card does having rc book in not contain any date of smart card format rlw/ulw. this data can not be verified. some transporter have submitted the screen shot which does not contain any signatures/rubber stamp of rto authorities. w.p.(c) 8776 ..... as laid down by oisd and other statutory authorities and amendments issued from time to time; (iv) pressure vessel to be designed and constructed and tested in accordance with the indian standards is:2825. and amendments issued from time to time; (v) central motor vehicle (fifth amendment) rules,2005 and amendments issued from time to time; (vi) requirement as per ..... than a year old calculated from the date of the tender advertisement.2. through a common advertisement, three the respondents, i.e., (hereafter called "the oil marketing companies" consisting of indian oil corporation ltd ("iocl"); bharat petroleum corporation ltd (bpcl) and hindustan petroleum corporation ltd (hpcl) invited electronic bids for transportation of bulk liquefied petroleum gas ("lpg") by road. the w .....

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Nov 25 2015 (HC)

Kerala Textile and Garments Dealers Welfare Association, represented b ...

Court : Kerala

Decided on : Nov-25-2015

..... , provided that the proceeds of the sale by a person not being a company or firm registered under the companies act, 1956 (central act 1 fo 1956) and indian partnership act, 1932 (central act 9 of 1932) [or society including a co-operative society or association of individuals whether incorporated or not] of ..... context of a rule applicable within the british empire, which are pertinent: it will be essential to keep in mind the distinction between (1) the formation, and (2) the performance, of the obligations constituted by a treaty, using that word as comprising any agreement between two or more sovereign states. ..... to their form and quality are the function of the executive alone. once they are created, while they bind the state as against the other contracting parties, parliament may refuse to perform them and so leave the state in default. these observations are valid in the context of our constitutional set ..... made in these forms between goods liable to pay tax in terms of section 6 of the kvat act and those required to pay tax in terms of section 6a of the kvat act. the format of the aforementioned returns clearly enables a dealer to report the relevant details regarding the turnover, rate ..... international law are binding upon the state. but the obligations arising under the agreement or treaties are not by their own force binding upon indian nationals. the power to legislate in respect of treaties lies with the parliament under entries 10 and 14 of list i of the seventh schedule .....

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Apr 21 2015 (HC)

M/s. Continental Transport Organization Pvt. Ltd. Vs. Oil and Natural ...

Court : Mumbai

Decided on : Apr-21-2015

..... or that the encashment of the performance bank guarantee and the retention money deposit was neither under section 73 nor section 74 of the indian contract act is totally untenable and contrary to sections 73 and 74 of the indian contract act, 1872. the submission of the learned counsel is also contrary to the stand taken by the respondent itself in the letter dated ..... 12 months + 60 days = total validity required to be submitted upto 27/11/2007) from the date of commencement of contract towards satisfactory performance of the entire contract (as per prescribed format given in the subject tender document) from a nationalized/ scheduled indian bank within 15 days from the date of issue of noa. ? 21. clauses 9, 10, 20 and 21 of the ..... contract agreement entered into between the parties are extracted as under:- ??9.0 performance :- the contractor shall undertake to perform all ..... services under this contract with all-reasonable .....

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