Court : Delhi
Decided on : Mar-30-2016
..... subject matter of the competition act. as discussed earlier, the competition act is directed to prohibit certain anti-competitive agreements, abuse of dominant position and formation of combinations which cause or are likely to cause appreciable adverse effect on competition. plainly, agreements which may otherwise be lawful and enforceable under the general law - such as the indian contract act, 1872 - may still ..... be anti-competitive and fall foul of section 3 of the competition act. similarly, a practice or conduct ..... certain misuse of patent rights. the parliament also introduced sub clause (d) to clause (iii) of subsection (1) of section 140 of the patents act to declare clauses in licences and contracts the effect of which may be "to provide exclusive grant back, prevention to challenges to validity of patent and coercive package licensing", as void. these ..... which may be considered as an abuse under section 4 of the competition act may otherwise but for the said provision be legitimate under the general .....Tag this Judgment!
Court : Kerala
Decided on : Feb-01-2016
..... bidders for revoking or cancelling ext.c1 bid, before the appellant accepting the offer made by them. 18. as per section 4 of the indian contract act, 1872 communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. similarly, the ..... on such confirmation being given by the higher authority and as such there is no concluded contract till such confirmation or approval by the higher authority. 20. as per section 7 of the indian contract act, 1872 in order to convert a proposal into a promise the acceptance must be absolute and ..... ,000/- to the appellant cannot be termed either perverse or patently illegal, warranting an interference under section 34(2) of the act. since there is no contract for payment of interest for damages, the arbitrator has declined interest till the date of claim and also interest pending arbitration proceedings ..... where there is only a conditional acceptance of tender or bid, namely, acceptance of tender or bid subject to confirmation of higher authorities, the contract is concluded only after that condition is fulfilled. in such cases the acceptance of tender or bid by the authorised officer can only be termed ..... terms, acceptance cannot be said to be absolute and it does not result in the formation of a legal contract. in order to decide whether there is absolute and unqualified agreement between the parties to the contract, the entire negotiations and correspondence should be considered. 21. where it is contemplated .....Tag this Judgment!
Court : Chennai
Decided on : Dec-02-2016
..... a-2 the respondent is entitled to get the relief of specific performance when the respondent has not complied with the requirement of section 2(b) and (e) of the indian contract act, 1872 ? 2. whether the courts below are right in holding that the veracity of exhibit b-3 to be proved by the 1st appellant when the respondent disputed his signature ..... fact, this court is also of the view that ex.a2 has the potentiality to satisfy the requirements of the provisions of section 2(b), (e) and (h) of the indian contract act 1872 and therefore, this court does not have any hesitation to endorse the concurrent findings of the courts below to say that the courts below are right in holding that ..... set of promises, forming the consideration for each other, is an agreement;'' 37. it may be relevant to note here that there is no specific or standard format to constitute an agreement of contract. as it is envisaged under clause(b), the proposal to whom it is made is said to be accepted when it signifies his ascent. when the proposal is ..... karnataka high court in sudha vs. shardamma (1986 (1) civ.lj.377) at 382, (kant). 41. as observed in the earlier paragraphs, there is no standard format to reduce the terms of the contract. a contract is completed when an offer made is accepted; it is the acceptance that gives rise to the cause of action; and not merely the making of an .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-18-2016
..... that the activity undertaken by the petitioner does not fall under taxable head of management, maintenance and repair service , construction of commercial complex service and site formation and excavation service as defined under the finance act, 1994. the show cause notice was, therefore, liable to be dropped. mr.sridharan submits that it is well settled that the assessee must be put ..... of each case. 72. it is in that context, the hon'ble supreme court, after reproducing both, section 162 of the cr. p. c. and section 145 of the indian evidence act held that the object of the legislature throughout has been to include the statement of the witnesses made before police during the investigation for being used at the trial for ..... 3. the writ petition is directed against the order-in-original dated 28th november, 2014 passed by respondent no. 2. 4. the petitioner is a company incorporated under the indian companies act, 1956, having registered office at the address mentioned in the cause title. the first respondent is union of india and the second respondent is the commissioner of central excise, customs ..... petitioner/appellant has duly paid sales tax on all the contracts involved in the present case treating the same as works contract. the same is also duly reflected in the sales tax returns filed by the petitioner/appellant. 37. mr. sridharan submits that the specification for construction/repair of road is prescribed by indian road congress (irc). the same specification is followed for .....Tag this Judgment!
Court : Delhi
Decided on : Jan-22-2016
..... for certain locations. the respondent took considerable time in completing various formalities regarding negotiation for revision of prices due to drastic change in the format of contract. these formalities were still in process when the contract was rescinded. the allegation of the respondents such as lack of financial and managerial capacity of the claimant, partners deserting the firm and the ..... above, we hereby amend our purchase order as under:- the statutory formalities for laying of the tower line on a specified route and as provided for in the indian electricity act were also not legally and adequately complied with by the respondent leading to resistance from the farmers over whose land the line was to traverse. initially the respondent ..... sabha seat and not devoting his attention to work are neither relevant nor substantiated and the tribunal attaches no significance to these allegations. in context of rescission of the contract, the tribunal considers it pertinent to examine the letter, which was later deemed as termination by implication by the respondents. this has been reproduced verbatim earlier. the ..... the farmers on whose land the tower line was to traverse, non completion of statutory formalities by the respondents in respect of obtaining various clearances required under the electricity act for laying of the tower line, lack of inter departmental co-ordination within the respondent's organization, non supply of material by respondents required for execution of works, .....Tag this Judgment!
Court : Delhi
Decided on : Aug-29-2016
..... be restrained from carrying on their business or approaching the customers as any such restrictive covenant in the agreements would be void by virtue of section 27 of the indian contract act, 1872. in support of its contention, he relied on the following decisions: (i) the decision of the madras high court in lister technologies private limited v ..... development techniques, processes, trade secrets, computer programs, software, electronic codes, mask works, inventions, innovations, patents, patent applications, discoveries, improvements, data, know-how, formats, test results, and research projects; (2) information about costs, profits, markets, sales, contracts and lists of customers, and distributors; (3) business, marketing, and strategic plans; (4) forecasts, unpublished financial information, budgets, projections, and customer identities, ..... invention assignment agreement for the employee would in effect work as a covenant in restraint of trade and, therefore, would be void by virtue of section 27 of the indian contract act, 1872. 21. the decision in the case of diljeet titus (supra) is wholly inapplicable in the facts of this case. in that case the issue was ..... ltd. vs krishan murgai: (1981) 2 scc 246, a covenant in restraint of trade, whether partial or not is void by virtue of section 27 of the indian contract act, 1872; the question whether a restriction is reasonable or not is relevant only if the case falls within the exception to section 27. the relevant extract of the said .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-04-2016
..... submission that such a contention can be urged for the first time during the course of hearing of these appeals, is misplaced. section 93 of the indian contract act (act ix of 1872), as it then stood, provided that, in the absence of a special promise, the seller of the goods was not bound to ..... depth of the mine, at bore-hole nos.5 and 7, was vertically 120 feet; there was no formation of benches on the date of his taking charge; during the period of the contract, when mining activity was carried out by the plaintiff, he did not issue any instructions or directions in writing ..... end by reason of circumstances beyond the control of the parties, the contract is dissolved. (ram kumar (supra). after the formation of a contract, certain sets of circumstances arise which, owing to the fault of neither party, render fulfilment of the contract by one or both of the parties impossible in any sense or ..... necessary permits, they could not keep up their commitments to their customers is false; collapse of bore hole no.5 was only because of non-formation of safe benches as per the regulations; officers of the corporation gave clear cut instructions, in the month of august, 1993, regarding the manner ..... it would take at least three months to secure production near bore hole no.7; when the plaintiff started the work of removing backlog overburden, and formation of benches, they were ordered by the director of mines safety, bhubneshwar region to remove the existing dangers, and to stop all mining work; .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-15-2016
..... be paid because of want of spbg for unit no.2. on 31.5.1999, respondent-alstom sent two draft bank guarantee formats, one for the first contract, i.e., the offshore contract and the other for the second contract, i.e., onshore contract, but on 7.6.1999, appellant brought to the notice of the respondent that the spbg had not been furnished. however ..... to show that the advance bank guarantees and performance bank guarantees were to the tune of 15% and 10%, whereas the spbg was only to the extent of 4 %. the contract did not envisage any format of the spbg. the said spbg, as per the award of the tribunal, was submitted, but the same was not acceptable, therefore, rightly so the ..... appellant that the award is against the public policy or has violated the principles of judicial approach, much less against the statute and other provisions of section 34 of the act. the arbitrator has dealt with the dispute, which was contemplated and was within its scope. the parties to the lis had participated in the proceedings and were given proper notice ..... institution of germany for loans of dm 104,000,000 ( soft' loan) and dm 34,000,000 ( commercial' loan) to finance the cost of the contracts. the aforementioned loans were secured vide guarantee by an indian public sector financial institution-the power finance corporation limited (pfc), which was furnished in pursuance to the agreement executed between hseb and pfc on 15.10 .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-01-2016
..... similar to sub-section (2) of section 109b. the same is the case with bye-law 9.11 of the depositories act,1996. even assuming that the format of the nomination requires attestation as required by a will under the indian succession act, 1925, the nomination does not become a testamentary disposition. therefore, the decision of the apex court in the case of state ..... force, the provisions of this part shall constitute the law of [india] applicable to all cases of testamentary succession. sections 109a was not on the statute book when the indian succession act,1925 came into force. we do not see how the said provision will help the appellants. 34. the provisions relating to nominations under the various enactments have been consistently interpreted ..... more interpretations than one, and one view accepted by the highest court has stood for a long period during which many transactions such as dealings in property and making of contracts have taken place on the faith of that interpretation the court would ordinarily be reluctant to put upon it a different interpretation which would materially affect those transactions. (emphasis added ..... the legal representatives who are entitled to inherit securities or shares under the law of inheritance? (iii) whether a bequest made in a will executed in accordance with the indian succession act, 1925 in respect of shares or securities of the deceased supersedes the nomination made under the provisions of sections 109a and bye-law no.9.11 framed under the .....Tag this Judgment!
Court : Delhi
Decided on : Aug-10-2016
..... . submissions 26. mr maninder singh, learned additional solicitor general appearing for stc submitted that the impugned award was contrary to the provisions of the indian contract act, 1872 (hereafter the contract act ). hesubmitted that having held that everest was authorized to accept a reduced price on behalf of hdg, the arbitral tribunal had grossly erred in ..... point in issue is whether stc's letter dated 24.10.2008 to hdg constituted a proposal/offer within the meaning of section 2(a) of the contract act. in order to address that issue, it is relevant to refer to the correspondence between stc and hdg. the aforesaid letter of stc to hdg ..... (retd.), wherein the arbitrator had held that stc's letter dated 24.10.2008 was a proposal within the meaning of section 2(a) of the contract act. in his view, the said letter had to be read in the context and the background in which it was addressed by stc to hdg. he ..... he submitted that the arbitral tribunal's conclusion that stc's communication dated 24.10.2008 did not amount to offer under section 2(a) of the contract act was untenable. he emphasized that the fax dated 24.10.2008 sent by everest in response to stc's letter, clearly referred to stc's letter ..... negotiations adverted to by the learned arbitrator are indicative of an exercise to find an amicable solution. it does not indicate the formation of a binding contract. 43. although, this court has examined the decision of the arbitral tribunal on merits, that is not the scope of section 34 of .....Tag this Judgment!