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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Year: 2018 Page 1 of about 23 results (0.069 seconds)

Feb 16 2018 (SC)

The State of Karnataka by Its Chief Secretary Vs. State of Tamil Nadu ...

Court : Supreme Court of India

Decided on : Feb-16-2018

..... principle of ?qui approbat non reprobat (one who approbates cannot reprobate). the tribunal construed that though an agreement can be challenged in terms of section 19a of the indian contract act, yet the party concerned had to satisfy the court at the appropriate stage that its consent was obtained by coercion, fraud, misrepresentation or undue influence and that noticeably, ..... meaningful choice, and (2) contractual terms that unreasonably favor the other party.2. the principle that a court may refuse to enforce a contract that is unfair or oppressive because of procedural abuses during contract formation or because of overreaching contractual terms, esp. terms that are unreasonably favorable to one party while precluding meaningful choice for the other party."13 ..... may analyse the present demand qua the assessment of crop water requirement of the basin states, the relevant information of which had been furnished by them in common format supplemented by the oral testimony of experts and documentary evidence. they registered their demand for allocation as hereinbelow: tamil nadu 566 tmc karnataka 466 tmc kerala 100 tmc ..... transbasin diversion of waters.268. qua the demand for irrigation, domestic and industrial water use, the tribunal, on a scrutiny of the project reports as furnished in the common format, catalogued the following aspects:- its requirement mainly ?(i) out of the irrigation schemes projected, only one scheme i.e. karapuzha project had been approved by the government of .....

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Sep 11 2018 (SC)

m.c.mehta Vs. Union of India

Court : Supreme Court of India

Decided on : Sep-11-2018

..... was submitted that his land was private land and it could not be treated as forest land without a formal notification under section 35 of the indian forest act, 1927.69. according to the state of punjab, an expert committee was constituted in terms of the orders passed by this court on 12th december ..... the report as follows: the aravallis, the most distinctive and ancient mountain chain of peninsular india, mark the site of one of the oldest geological formations in the world. heavily eroded and with exposed outcrops of slate rock and granite, it has summits reaching 4950 feet above sea level. due to ..... ; (ii) for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the prevention of landslips or of the formation of ravines, and torrents, or the protection of land against erosion, or the deposit thereon of sand, stones or gravel; for the maintenance of a water ..... such or at least requires it to be treated as such.76. we may also mention, en passant, the provisions of section 35(1) of the indian forest act, 1927. this refers to breaking up or clearing of land for cultivation, pasturing of cattle etc. and reads as follows: 35. protection of forests for ..... through several decisions of this court. in this context, we may draw attention to among two of the earliest decisions rendered by this court, namely, indian council for enviro-legal action v. union of india24 and vellore citizens' welfare forum v. union of india.25 the law having been settled for more .....

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Sep 11 2018 (SC)

M/a Psa Mumbai Investments Pte. Limited Vs. The Board of Trustees of t ...

Court : Supreme Court of India

Decided on : Sep-11-2018

..... that the concession 27 agreement is expected to be signed within 30 days of the issue of this letter of award.15) under section 7 of the indian contract act, 1872 in order to convert a proposal into a promise, the acceptance must be absolute and unqualified. it is clear on the facts of this ..... placed in a separate envelope and marked as enclosures of the bid . the documents shall include: i. ii. bid security in the prescribed format (appendix ii); in the prescribed format (appendix iv); and iii. a copy of the concession agreement with each page initialled by the person signing b) power of attorney for ..... in regard to any question, dispute or difference arising under this agreement or in connection therewith . therefore, it is evident that the general conditions of contract (section iii) and clause 20 therein providing for arbitration, will not apply in regard to any dispute in regard to the tender or bid, or ..... signing of bid in the prescribed format (appendix iii); iv. if applicable, the power of attorney for lead member of consortium the bid in pursuance of the power of attorney referred to ..... 2.14 contents of the bid 2.14.1 the bid shall be furnished in the format at appendix i and shall consist of a revenue share to be quoted by the bidder. the bidder shall specify (in indian rupees) the revenue share offered by him to undertake the project in accordance with this rfp .....

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Jan 18 2018 (SC)

Maharashtra State Electricity Distribution Co. Ltd. Vs. M/S. Datar Swi ...

Court : Supreme Court of India

Decided on : Jan-18-2018

..... the arbitral tribunal to take into account the practices of leasing trade when making the award, having regard to the provisions of section 28(3) of the indian contract act, 1872. he had drawn our attention to article 13(2) of unidroit civil appeal no.10466 of 2017 page 59 of 65 convention on international lease, ..... of the public policy or the award was contrary to the substantive law in india viz., sections 55 and 73 of the indian contract act or the award was vitiated by perversity in evidence in contract or the adjudication of a claim has been made in respect whereof there was no dispute or difference or the award was ..... respondent in respect of list of dtc location and the consequences of such a waiver had to flow as per section 55 read with section 63 of the contract act. it was submitted that this court has held in the case of waman shriniwas kini v. ratilal bhagwandas & co.3 at para 13 waiver is ..... , the court noted that relevant provisions in the light of which this point was to be examined, were sections 39, 53, 55 and 63 of the contract act. the high civil appeal no.10466 of 2017 page 21 of 65 court found that when chief engineer of the appellant had written a letter dated december 21 ..... appeal no.10466 of 2017 page 63 of 65 provided that installation should be only on locations, the lists of which are given in accordance with the format at annexure e to the work order. it was also submitted that on 155 locations at jalgaon, dhule and aurangabad, the lists were received by the .....

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Sep 26 2018 (SC)

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

Decided on : Sep-26-2018

..... turn, shall get the same authenticated from the authority before providing a subsidy, benefit or service. (d) attack of the petitioners to the aadhaar programme and its formation/structure under the aadhaar act is founded on the arguments that it is a grave risk to the rights and liberties of the citizens of this country which are secured by the constitution ..... not maintained. this is the position in law contained in section 11 of the indian contract act, 1872, section 45za of the banking writ petition (civil) no.494 of 2012 & c onnected matters page 395 of 567 regulation act, 1949, section 39 of the insurance act, 1938, section 90 of the indian penal code (which provides that consent of the child who is under 12 ..... & c onnected matters page 51 of 567 proofs such as pan card, ration card, driving licence, passport etc.45) piercing into the aforesaid aadhaar programme and its formation/structure under the aadhaar act, foundational arguments are that it is a grave risk to the rights and liberties of the citizens of this country which are secured by the constitution of india ..... safeguard against the abuse of the constitutional and political process. a bicameral national 139 james n. druckman & michael f. thies, the importance of concurrence: the impact of bicameralism on government formation and duration, american journal of political science (2002), vol. 46, no.4, at pages 760-771. 140 elliot bulmer, bicameralism, international institute for democracy and electoral assistance (2017), at .....

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Jul 04 2018 (SC)

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

Decided on : Jul-04-2018

..... comply with the particular directions issued by the president. such directions are obviously issued on the aid and advise of the union council of ministers. section 52 stipulates that all contracts relating to the administration of the capital are made in exercise of the executive power of the union and suits and proceedings in connection with the administration can be instituted ..... that the words used, even in their literal sense, are the primary, and ordinarily the most reliable, source of interpreting the meaning of any writing: be it a statute, a contract, or anything else. but it is one of the surest indexes of a mature and developed jurisprudence not to make a fortress out of the dictionary; but to remember that ..... cases. in satya dev bushahri v padam dev90 ( satya dev bushahri ), the election of the first respondent was questioned, among other grounds, for the reason that he was interested in contracts with the government and was disqualified for being chosen to the legislative assembly of himachal pradesh. the election tribunal rejected the contention holding that representation of the people ..... of the indian administrative service. the high court had held the formation of a delhi himachal cadre of service to be ultra vires. the creation of a joint cadre for all union territories on 1 january 1968 under rule 3(1) of the ias (cadre) rules 1954 was challenged as being contrary to article 312 and the all india services act 1951, as .....

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Oct 30 2018 (SC)

Star India Private Limited Vs. Department of Industrial Policy and Pr ...

Court : Supreme Court of India

Decided on : Oct-30-2018

..... justice and held:- 27.1. in her short, yet clear decision, the hon'ble chief justice has held that there is sufficiency of the power under the trai act as against the indian copyright act, 1957. they travel in their respective paths, not intended to cross. the scope of the amendments made in the year 2012 along with section 37 was correctly dealt ..... be provided by distributors at retail level. the net effect to subscribers at retail level will be a discount of approximately 30% on the bouquets of channels. therefore flexibility of formation of bouquet has been given to broadcasters and msos both to such an extent that total permissible discount does not kill the a-la-carte choice. the authority has been ..... directly concerned are set out hereunder: 3. general obligations of broadcasters. (1) no broadcaster shall engage in any practice or activity or enter into any understanding or arrangement including exclusive contracts with any distributor of television channels that prevents any other distributor of television channels from obtaining signals of television channel of such broadcaster for distribution. (2) every broadcaster shall, within ..... would naturally not include a regulation which will pertain to network tariff for city or local gas distribution network as such a network is neither a common carrier nor a contract carrier covered by the act. further, the laying down of the compression charge for cng gas would also, therefore, be wholly outside the reach of the said .....

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Mar 13 2018 (SC)

Bar Council of India Vs. A.k. Balaji .

Court : Supreme Court of India

Decided on : Mar-13-2018

..... 18.1any party may be represented in the arbitration by one or more authorized legal representatives appearing by name before the arbitral tribunal. 18.2 until the arbitral tribunal s formation, the registrar may request from any party: (i) written proof of the authority granted by that party to any legal representative designated in its request or response; and (ii) written ..... there is liberalization of economic policies, throwing the doors open to foreign investments, it cannot be denied that disputes and differences are bound to arise in such international contracts. when one of the contracting party is a foreign entity and there is a binding arbitration agreement between the parties and india is chosen as the seat of arbitration, it is but natural ..... also modify the direction in para 63 (iii) that foreign lawyers cannot be debarred from coming to india to conduct arbitration proceedings in respect of disputes arising out of a contract relating to international commercial arbitration. we hold that there is no absolute right of the foreign lawyer to conduct arbitration proceedings in respect of disputes arising out of a ..... or union of india are at liberty to make appropriate rules in this regard. we may, however, make it clear that the contention that the advocates act applies only if a person is practicing indian law cannot be accepted. conversely, plea that a foreign lawyer is entitled to practice foreign law in india without subjecting himself to the regulatory mechanism of the .....

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May 09 2018 (SC)

Kalpana Mehta and Ors. Vs. Union of India and Ors.

Court : Supreme Court of India

Decided on : May-09-2018

..... restraint, interpretation of constitutional provisions in many a sphere, the duty of parliamentary committee in various democracies and also certain statutory provisions of the indian evidence act, 1872 (for brevity, ?the evidence act?). b. the factual background 2. the initial debate and deliberation before the two-judge bench that was hearing the instant writ petitions had focussed ..... of parliamentary committees 51. it is necessary to understand the role of the parliamentary standing committees or ad hoc committees. they are constituted with certain purposes. the formation of committee has history. "committees have been described as a primary organizational device whereby legislatures can accommodate an increase in the number of bills being introduced, while ..... of k.p. tewari which had dealt with the question of abolishing the contract labour system and regularizing the services of the catering cleaners. the committee had, inter alia, recommended that the government should consider direct employment of catering cleaners by ..... cleaners of southern railway v. union of india and another 96, the catering cleaners of the southern railway filed a writ petition praying for abolition of the contract labour system and their absorption as direct employees of the principal employer, viz., the southern railway. this court referred to the parliamentary committee report under the chairmanship .....

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Mar 07 2018 (SC)

Union of India Vs. M/S Intercontinental Consultants and Technocrats pv ...

Court : Supreme Court of India

Decided on : Mar-07-2018

..... taxing authority will not ordinarily impose such a duty, because it is much more convenient administratively to collect the duty (as in the case of most of the indian excise acts) when the commodity leaves the factory for the first time, and also because the duty is intended to be an indirect duty which the manufacturer or producer is to ..... 2009 april 2006- cst v. green channel cargo care harbour/airport authority of india/cfs/cctl and delivery order charges, harbour dues, seal verification, warehouse/godown charges. d. site formation and clearance, excavation and earth moving and demolition services: assessees conduct drilling, blasting, excavation, loading, transport etc. of overburdened at open cast mines. issue is whether value of goods ..... of 44 expenses do not become reimbursable expenditure merely because they are indicated separately in the invoice issued by the service provider to the recipient of service. illustration 3 : a contracts with b, an architect for building a house. during the course of providing the taxable service, b incurs expenses such as telephone charges, air travel tickets, hotel accommodation, ..... components of the taxable service and it is immaterial that the details of individual components of the total consideration is indicated separately in the invoice. illustration 1 : x contracts with y, a real estate agent to sell his house and thereupon y gives an advertisement in television. y billed x including charges for television advertisement and paid service .....

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