Court : Kolkata
Decided on : Sep-07-2017
..... point of limitation only. mr.ghosh will be at liberty to argue the exclusion of time allegedly available to him to prepare bills in proper format, in pursuing the writ petition in this court, the effect of admission, acknowledgement, etc.made by the union, if any, and so on ..... right when he submited that on the face of the award, the claim of the petitioner seemed to be hopelessly barred by limitation. the contracts were between 1987 and 1991. the claim in arbitration was made about 17 years after the firs.date of delivery. the period of limitation ..... 1991. in june, 2004, the respondent issued a notice under section 21 of the arbitration and conciliation act, 1996 stating that disputes and differences had arisen between the parties out of the contract/contracts and that the matter should be referred to arbitration. on 28th february, 2007 an officer of the ..... act [art.14].mr.ghosh for the respondent tries to save the award by making the following arguments: the railways had a procedure for receiving bills from contractors.each bill had to be in a format enclosing receipted challan, purchase order, etc.he referred to the system of payment mentioned in paragraph 2300 of the indian standard conditions of contract ..... ghosh relied in paragraph 5 of the judgment was not regarding limitation and cannot apply to limitation in view of section 3 of the limitation act. in fact, the court in banars.das versus kanshi ram & ors.reported in air1963sc1165cited by mr.ghosh opined that the point of limitation .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-17-2017
..... delhi 690 (page 703 placetum c,f,g and paragraph 14).air2002del 151. it is submitted that there is heavy burden on the party pleading oral contract. the plaint is vague regarding the formation of the oral contract and its terms.a suit for specific performance requires a greater degree of certainty than a suit for damages. (sitac pvt.ltd.versus the statesman ..... 1996 has gained, experience and expertise in material supply, supply chain management and cost reduction services to companies in the arcelormittal group of companies. lindsay had sourced and was sourcing indian products for arcelormittal companies. one of the group companies of arcelormittal agreed to become a shareholder of lindsay with a view to assist lindsay in developing the business in a ..... of companies directly. the learned senior counsel has referred to section 14(1)(c) and 41(e) of the specific relief act and submits that the said provisions clearly stipulate that injunction cannot be granted to prevent the breach of contract, the performance of which would not be specifically enforced. the agreement between the parties is determinable in nature. a division ..... to any person other than the lindsay. there is no such covenant in the instant proceeding. the learned senior counsel in making reference to section 42 of the specific relief act submits that the negative stipulation may be express or implied but it must be a distinct negative stipulation. the negative stipulation cannot be implied merely from the existence of the .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-30-2017
..... schedule k which includes production costs of 2 lac fly ash bricks. production of fly ash bricks was contemplated under the contract and the claim arises out of the contract. therefore, the suit is barred under sec. 69(2) of the indian partnership act, 1932 and the submissions including the cases cited by the plaintiff-respondent cannot be accepted. the plea of statutory right ..... these facets need detailed enquiry and evidence. it is unregistered till this date in view of the disputes between the parties. the submission revolving around section 69 (2) of the indian partnership act cannot be the foundation to reject the plaint, in the present stage. (10) i have considered the respective contentions of the parties. (11) it is an undisputed fact ..... the plaintiffs have instituted the suit as partners of the said firm. however, the said firm is unregistered. hence, the suit is barred under sec. 69(2) of the indian partnership act, 1932 (in short ipa ) which bars a suit on behalf of a firm against any third party to enforce a contractual right unless the firm is registered and the persons ..... on 10th march, 2003 constituted a partnership firm under the name and style of sanjay & company with the sole purpose of acting as redistribution stockiest of the defendant in respect of various consumer products of the defendant. (9) immediately after formation of the partnership firm, the plaintiffs made necessary application for being appointed as redistribution stockist for detergent and by a letter .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-27-2017
..... record to substantiate the same. it is further contended that the impugned action is unsustainable in view of the provisions of section 115 of the indian evidence act, which deals with promissory estoppel. in support of his submissions and contentions learned counsel for the petitioner places reliance on the judgments of hon ble ..... examine the factual details and feasibility of the proposal, certify the maps, carry out site inspection and enumeration of the trees and forward his findings in the format specified in this regard to the nodal officer within a period of ninety days of the receipt of such proposal from him. (e) (i) the ..... dwelling upon the doctrine of promissory estoppels as the principle, evolved on equity to avoid injustice, has held that it is neither in the realm of contract nor in the realm of estoppel. the true principle of promissory estoppels seems to be that where one party has by his words or conduct made ..... 27.06.2006 and 22.12.2006. it is further submitted that the case of the petitioner does not attract the provisions of section 115 of the indian evidence act. it is further contended that vide g.o.ms.no.135, environment, forests, science and technology (for.i) department dated 4.12.2007, ..... is still open to a party who has acted on a representation made by the government to claim that the government shall be bound to carry out the promise made by it, even though the promise is not recorded in the form of a formal contract as required by the constitution. 24. under .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jun-09-2017
..... company limited, japan (hereinafter referred to as hmcl, japan ) had entered into a joint venture dated september 12, 1995 with m/s. seil ltd., a company incorporated under the indian companies act. after getting necessary approval from the government of india, a joint venture company in the name of the assessee was incorporated. after incorporation of the assessee as a joint venture ..... on its business as a manufacturer and rely upon the technical knowledge of the swiss company. there was no attempt to part with technical knowledge absolutely in favour of the indian assessee. it was not a case of transfer of intellectual rights once for all. thus, the expenditure incurred was revenue in nature.19) likewise, in alembic chemical works co. ltd ..... property rights developed by a swiss company, to produce licensed preparations and to promote their sale in india. inspite of the fact that the swiss company had granted to the indian assessee full and sole right and licence in the territory of india under the patents listed in schedule-i, to make use, exercise and vend the inventions referred to therein ..... effected in accordance civil appeal no.4918 of 2017 & ors. page 16 of 34 with the terms and conditions of an individual purchased contract for the parts, which means that the supply of parts is governed by separate contracts. third agreement known as memorandum on supply of manufacturing facilities stipulated the specification of the manufacturing facilities to be sold by japanese company .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-05-2017
..... killing completely innocent people, men, women and children in dozens with sickening frequency. there were no private armies. there were no mafia cornering huge government contracts purely by muscle power. there were no reports of killings of social activists and `whistle blowers'. there were no reports of custodial deaths and rape ..... sharma, establishes the presence of accused vinay sharma in the bus, thereby strengthening prosecution case.71. arrest and recovery under section 27 of the indian evidence act: prosecution very much relies upon disclosure statements of the accused, pursuant to which articles of the victim and also of pw-1 were recovered. ..... pushp vihar, new delhi was examined. in his evidence, pw-16 stated that pw-81, dinesh yadav had provided the school with seven buses on contract basis including the bus no.dl-1pc-0149 (ex.p-1) and that a-1 ram singh was its driver. in his interrogation by the police ..... thereof.271. by insertion of chapter v-a in ipc, the understanding of criminal conspiracy in the indian context has become akin to that in england. the illegal act may or may not be done in pursuance of an agreement but the mere formation of an agreement is an offence and is punishable. ..... niketan school, pushp vihar, handled their transport. in his examination, he stated that pw-81, dinesh yadav, had provided the school with 7 buses on contract basis including ex. p-1 and that a-1, ram singh, was its driver. he also submitted a copy of ram singh s driving licence to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-15-2017
..... . "their lordships agree that this passage correctly describes the grounds on which the rule is founded, and that it applies to indian as well as to dominion legislation. no doubt experience of past difficulties has made the provisions of the indian act more exact in some particulars, and the existence of the concurrent list has made it easier to distinguish between those matters ..... ?.75. coal is formed from plant substances preserved from complete decay in a normal environment and later altered by various chemical and physical agencies. there are four stages in coal formation: peat, lignite, bituminous and anthracite. the stage depends upon the conditions to which the plant remains are subjected after they were 69 buried the greater the pressure and heat, the ..... construction according to intention with which such word is used. acme life ins. co. v. white, tex. civ. app. 99 sw 2d 1059, 1060. words from and to , used in contract, may be given meaning to which reason and sense entitles them, under circumstances of case. woodruff v. adams, 134 cal app.490, 25 p, 2d 529. 124. the word 'from ..... tanto repeal can be read. in the above case state of kerala had enacted kerala chitties act, 1975. the seventh schedule of the constitution, list iii entry 7 pertains to contracts including special forms of contracts. the parliament enactment, chit funds act, 1982 and state legislature kerala chitties act, 1975, the subject being under concurrent list, in paragraph 27, the court held that when there .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-14-2017
..... and goods are supplied or if services are rendered in terms of the void contract, the provisions of section 70 of the indian contract act may be applicable. in other words if the conditions imposed by section 70 of the indian contract act are satisfied then the provisions of that section can be invoked by the aggrieved ..... and it is in public interest to prevent unauthorized leasing out of property on its behalf. lease is required to be executed in a prescribed format in the shape of formal document which is sine qua non. in the absence thereof, it would not be permissible to hold that relationship of ..... avoidable illegality while directing execution of lease deed. it is a settled law that equity follows the rule of common law in respect of such contracts. renewal of lease is a privilege and if a tenant wishes to claim the privilege, he must do so strictly within the time limited for ..... executed which provision was pari materia to article 299 of the constitution, this court held in bhikraj jaipuria v. union of india air1962sc113that for a contract between government and private individuals, formal document is necessary and where it is required that a thing shall be done in the prescribed manner or ..... the principle of promissory estoppel is not attracted at all. idco is a statutory body and can act only in the mode prescribed and mesco was informed of the lease deed to be executed in prescribed format. thus the high court could not have issued the impugned direction.22. in the writ petition .....Tag this Judgment!
Court : Jharkhand
Decided on : Apr-03-2017
..... attendant benefits would be contrary to law and also against public policy. it would, therefore, be unenforceable in view of section 23 of the contract act, 1872. 6. in the counter affidavit, it is pleaded that against some of the petitioners there were complaints. it is pertinent to note ..... sanctioned vacant posts, have approached this court.2. facts leading to filing of this writ petition are, hereinafter, set out in detail. on formation of the state of jharkhand on 15.11.2000, a camp office of the chief minister was established at new delhi. separate offices for ..... to regularise the contractual employees of the jharkhand bhawan and, accordingly, the chief secretary directed the resident commissioner to send details of the contract/daily wages employees to the cabinet secretariat and co ordination department for regularisation of their services. a similar letter referring to the previous ..... except two posts namely, typist cum computer data entry operator and driver for the staff car of additional resident commissioner, which were permanent on contract basis, eight permanent posts were created for the office of the resident commissioner. for the office of the chief executive officer, one permanent post ..... ward no 1, mehrauli, po & ps mehrauli, new delhi 110030 5. bipta oraon, s/o shri thuma oraon, presently residing at jharkhand bhawan, near indian airlines colony, vasant vihar, po&ps vasant vihar, new delhi 110057 6. manisha gusain @ rawat d/o m.s. rawat, presently residing at db 90a .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-22-2017
..... as heirs by intestate succession and inherit the property in equal shares with the male heir with absolute rights as per the principles of the hindu succession act as also the indian succession act. however, much we may like the law to be so we regret our inability to subscribe to the means in achieving such objective. if this be ..... the aforesaid conventions and thereafter, even at the time of ratification. in this behalf, it was pointed out, that the first declaration was made by india in the following format:- i) with regard to articles 5(a) and 16(1) of the convention on the elimination of all forms of discimination against women, the governmetn of the republic ..... perusal of section 2 thereof (extracted in paragraph 23 above) reveals, that on the questions/subjects of intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of personal law , 216 marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, ..... any customs or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of personal law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and .....Tag this Judgment!