Court : Delhi
..... its pleadings before the arbitrator. it is being raised now beyond pleadings, as an after-thought. the said clause, even otherwise, does not take any arbitrator?s power to grant compensation under indian contract act in case there are breaches on the part of petitioner leading to damages/extra expenses to the contractor. the arbitrator accordingly awarded a total sum of `349.04 lac ..... -locking arrangement of manholes, etc.-. claimed: `202.23 lac - award : `1,82,29,120/it is submitted by respondent no.1 that under section 51 and section 67 of the indian contract act, 1872, it cast an obligation and duty upon the owner of the work to facilitate the contractor to perform the work and afford reasonable facilities to enable the contractor for ..... law. the learned arbitrator has not passed any speaking order on the issue as to how the distinction has been derived between the operation of sections 70 & 73 of the indian contract act. if either of the parties is setting up claim on account of breach of other?s obligations, in such circumstances the damages could be awarded only under section 73. v ..... stage company, 199 us251(1905); archibald hollerbach vs. united states, 233 us898(1914). the respondent no.1 has relied on section 67, 70 and 2nd part of section 73 of indian contract act. section 67 provides for an obligation on the part of the owner to facilitate the contractor and afford all reasonable facilities for the performance of work. this is reciprocal obligation .....Tag this Judgment!
Court : Chennai
..... namely, the indian contract act, 1872 and therefore, the contention of the appellant about patent illegality is not sustainable. 11. the learned arbitrator ..... appellant and therefore, the claim is made under sections 73 and 74 of the indian contract act, 1872. 10. the learned arbitrator also considered all the aspects including the contention of the claims that they are entitled under sections 73 and 74 of the indian contract act, granted the claims. the arbitrator has decided the dispute in accordance with the substantive law ..... the appellant and therefore, the claimants are to be compensated for the price increase beyond the original contract period under sections 73 and 74 of the indian contract act, 1872. 3. the sole arbitrator, after considering the voluminous materials placed before him, granted all the claims excepting claim nos. 7 and 9 and rejected the counter claims of the appellant ..... only because of the appellant and therefore, the award has been rightly passed by awarding reasonable compensation as entitled under sections 73 and 74 of the indian contract act, 1872. 7. section 28 of the arbitration and conciliation act, 1996 reads thus : "rules applicable to substance of dispute - (1) where the place of arbitration is situate in india - (a) .....Tag this Judgment!
Court : Chennai
Reported in : (1977)1MLJ107
..... judgment and decree dated 24th march, 1972, reversed the finding of the learned trial judge that exhibit a-6 was hit by section 23 of the indian contract act, but granted a decree in favour of the respondents only for a sum of rs. 6,239-20. it is against this judgment and decree, the present ..... of the theatre and he was running the theatre, came to the conclusion that exhibit a-6, the lease agreement, was hit by section 23 of the indian contract act, and, therefore, it was not legal and, consequently, the respondents were not entitled to recover the amounts claimed by them.6. on appeal, preferred by ..... 6 that can be said to be illegal.10. as far as section 23 of the indian contract act is concerned, it attaches itself only to an illegal contract and it does not attach itself to any illegal act outside a contract. consequently, the very basis of the decision of the learned trial judge that exhibit a-6 ..... itself was hit by section 23 of the indian contract act is not sound and, therefore, the first appellate court rightly reversed that conclusion of the trial court.11. mr. rajagopalan repeatedly contended ..... before me that the appellant sought to argue before the first appellate court that the finding of the trial court that exhibit a-6 was acted upon and the appellant was put in possession of the theatre was erroneous, but the learned additional district judge rejected that case holding that the appellant .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2007(5)ALD570; 2007(6)ALT391
..... contrary to the relevant provisions of law. learned senior counsel points out that the allotment is in the form of a government grant and that the principles contained in transfer of property act, or the indian contract act, do not apply to such grants, and that there was no way, the operation of the clause, directing that the allotment would stand cancelled, if the land ..... is not brought to use within one year; could have been stopped, unless any fresh grant was made. he further submits that the so ..... which they are allotted within a period of one year failing which allotment stands cancelled automatically.by placing reliance upon the provisions of government grants act, it is urged that the principles underlying the transfer of property act, or contract act, cannot be applied to them. reliance is also placed upon the judgments of the supreme court in hajee s.v.m. mohamed jamaludeen ..... through the g.os, or any determination of the rights had taken place in them.19. in the impugned orders, the words 'cancellation', 'revocation' or 'withdrawal' of any grant, have not been employed. therefore, technically, the respondents can be correct, when they contend that the impugned orders did not result in any adverse civil consequences, vis-a-vis petitioners .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(3)ALLMR35; 2008(3)ARBLR204(Bom); 2008(4)BomCR594; (2008)110BOMLR852; 2008(4)MhLj238
..... relation to other terms and conditions of gcc mentioned above and not to its clause 63. learned district judge has not held that appellant terminated the contract by exercising his powers under section 55 of indian contract act. when this application of mind by the learned district court is not shown to be erroneous, the impugned judgment and order needs to be maintained even ..... not mention that he exercised option under section 55 of contract act. he has stated that on 30/6/1989 he received letter for providing boulder drains when period of contract was already over and he therefore requested on 19/10/1989 that if said work was to be completed then extension should be granted up to 30/6/1990 on railways account or ..... pp 1098-9) there is reference to 'no damage' clauses, an american expression, used for describing a type of clause which classically grants extensions of time for completion, for variously defined 'delays' including some for which, as breaches of contract on his part, the owner would prima facie be contractually, responsible, but then proceeds to provide that the extension of time so ..... orissa and ors. v. g.c. roy : 3scr417 , held that once the agreement discloses no escalation clause and a specific objection is raised in that regard, the arbitrator cannot grant escalation charges. 17. as already seen above, clause 34 of the agreement specifically prohibits the respondents from claiming any extra amount on account of fluctuation of prices. it specifically provides .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1962SC378; 1962(0)BLJR426; 3SCR769
..... that it has to deposit the amount under the relevant condition, and the letter ends with the categorical statement that the contract is concluded by this acceptance. mr. din dayal is right when he contends that section 7 of the contract act requires that the acceptance of the offer must be absolute and unqualified, it cannot be conditional; but reading the letter as ..... conditions of contract governing the department of supply contracts which were set out in the government publication form w. s. b. 133. clauses 4(a ..... court is substantially correct. 15. that takes us to the next question as to whether there was a concluded contract between the parties or not. we have already noticed that in response to the advertisement published by the respondent in the indian trade journal the appellant submitted its tender. it is common-ground that the tender thus submitted was subject to the ..... the parties under which the matter was duly referred to arbitration through an arbitration agreement clause in the contract. as a result of the declaration he held that there was a valid reference to arbitration between the parties. consequently he granted a month's time to the arbitrators to make their award. 3. this decision was challenged by the appellant by its .....Tag this Judgment!
Court : Karnataka
..... petitioner at the time petitioner joined service of the company are sustainable in law? whether they are against public policy and therefore, do not constitute a valid contract as per section 23 of the indian contract act are matters that cannot be gone into in this proceeding. it is open for the petitioner to agitate her grievance before the appropriate forum. 36. though ..... india for certain purposes will not make the units established under sez as bodies performing public functions. 32. similarly provisions contained under section 50 enabling the state government to grant exemption from taxes, levies and duties to the developer or the entrepreneur also cannot be construed to enjoin these bodies with public functions. it may be true that effective ..... (s.c.r. caterers, dry fruits, fruit juicestalls welfare association) who were the licensees, were entitled to continue their petty business, hence action of the railways in not granting renewal of licence was found arbitrary, unreasonable, unfair and discriminatory. 16. reliance is also placed on the judgment of the apex court in the case of zee telefilms limited and ..... approval committee is enjoined with powers and functions to manage and supervise compliance of conditions subject to which letter of approval or permission has been granted to the developer or entrepreneur. section 7 of the act which provides for exemption from taxes, duties or cess for goods or services exported or imported by a unit in sez has been emphasized. .....Tag this Judgment!
Court : Chennai
..... the side of the appellant/defendant is liable to be rejected. 9. in support of the contention put forth on the side of the appellant/defendant, section 233 of the indian contract act, 1872 is relied upon and the same reads as follows: 233. right of person dealing with agent personally liable - in cases where the agent is personally liable, a person dealing ..... parties. 13. considering exs-p3 and p4 series, this court is of the definite view that impleadment of the state government is totally unwarranted and further section 230 of the indian contract act, 1872 is not at all applicable to the facts and circumstances of this case. 14. in the light of the discussion made earlier, it is clear that the argument put ..... is relied upon wherein this court has dealt with section 230 of the indian contract act, 1872. section 230 of the indian contract act, 1872 reads as follows: 230. agent cannot personally enforce, nor be bound by, contracts on behalf of principal. - in the absence of any contract to that effect, an agent cannot personally enforce contracts entered into by him on behalf of his principal, nor is he ..... daily, the hindu and other publications like frontline, business line, sportstar etc. during course of its business, the plaintiff has to obtain advertisements for its publication. the defendant has been granted advertisement rights in connection with advertisement of vii south asian federation games, 1995 by the government of tamil nadu in its letter no.5187-a/advt/96-1 dated 20 .....Tag this Judgment!
Court : Chennai
..... 17. in this context, it is useful to refer section 12 of indian contract act, 1872, which reads as follows: "what is a sound mind for the purposes of contracting: a person is said to be of sound mind for the purpose of making a contract, if at the time when he makes it, he is capable of ..... of any will of the said deceased or letters of administration with or without the will annexed to her property and credits. hence, the suit is filed for grant of letters of administration for administering the property covered under the will of k.saroja. 3. the brief facts of the defendants' case may be stated as ..... the assets will extend and to make a full and true inventory thereof and exhibits the same to the court within six months from the date of grant of letters of administration with the will annexed to the plaintiffs and also to tender to this court a true account of the said property and ..... amount of the said assets is rs.6,98,500/-. there is no next of kin or other person interested to be impleaded in the petition for grant of probate. the plaintiffs undertakes to duly administer the property and credits of the deceased in any way concerned in the will by paying first her debts ..... 221 of 2008, the original petition no.221 of 2008 was converted into testamentary original suit no.22 of 2008.) 1. the petition originally filed for the grant of letters of administration has been converted as suit in view of the caveat filed by the defendants herein. 2. the brief facts of the plaintiffs' .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2002(3)ALD380
..... by government, which we have discussed above must apply equally where such corporation is dealing with the public, whether by way of giving jobs or entering into contracts or otherwise, and it cannot act arbitrarily and enter into relationship with any person it likes at its sweet will, but its action must be in conformity with some principle which meets the test ..... be done which gives an appearance of bias, jobbery or nepotism.14. similarly in g.b. mahajan v. jalgaon municipal council, : air1991sc1153 , the supreme court while considering the validity of contract entered into by the municipal council with the private developer for construction of commercial complex as per the policy decision of the government held as under:'.......a project, otherwise legal ..... sterling computers limited (supra) the supreme court while affirming the view expressed in r.d. shetty's case (supra) observed as under:'.....once the state of its instrumentalities decides to grant any right or privilege to others, then there is no escape from the rigour of article 14, the executive does not have an absolute discretion, certain precepts and principles have ..... for providing storage facilities, namely, dunnage and wooden crates etc., and he had already invested a sum of rs. 30 lakhs for the said purpose. in view of the stay granted by this, the fourth respondent is suffering huge loss. the entire work was awarded as per policy decision undertaken by the first respondent in consultation with fci and the state .....Tag this Judgment!