Court : Patna
..... 11. now, the legal position is well established that a notice inviting tender is nothing but soliciting offer. a tender filed in response to the notice inviting tender is an offer or a proposal within the meaning of section 2(a) of the contract act. a proposal by itself does not create any liability so far ..... the modified part of the offer as a part of their acceptance. it is clearly contrary to the first sub-section of section 7 of the contract act and hence it is fit to be rejected.19. in law and in view of the rule, as laid down in the first sub-section of ..... section 7 of the contract act, there is no acceptance by the railway and there being no acceptance, the parties cannot be said to be in consensus ad idem.20. that being ..... .12. section 7 of the contract act clearly lays down that in order to convert a proposal into a promise, the acceptance must be absolute and unqualified. if acceptance is ..... as the proposer is concerned unless it is accepted. once acceptance to the proposal as such is communicated to the proposer it becomes an agreement. an agreement enforceable by law is a contract .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1996IVAD(SC)393; AIR1996SC2025; 1996(2)ARBLR210(SC); II(1996)BC1(SC); 1996(2)CTC193; JT1996(6)SC14; 1996(4)SCALE180; (1996)4SCC551; Supp1SCR739
..... 08,820 together with interest at 18% per annum. it was alleged in the plaint that the defendants who are appellants in this appeal invited tenders for transportation of iron and steel materials including unloading, weighment and stocking from various stockyards of the suppliers to the destination stores during ..... and there is any ambiguity then oral evidence is permissible to prove the other conditions which also must not be inconsistent with the written contract. the case in hand has to be adjudged bearing in mind the aforesaid principles and the plaintiffs being conscious of this position along with ..... 1 and the conduct of the superintending engineer in passing the palintiffs' bills on multi slab basis as well as relying upon some other contracts came to hold that the plaintiffs are entitled to freight charges on multi slab basis. the division bench also held that the interpretation of ..... on an analysis of the pattern of the working of the rates in several tenders the learned judge rejected the plaintiffs' contention that the contract was on multi slab basis. though the plaintiffs relied upon several recommendations of the superintending engineer but the learned judge on consideration of the ..... under section 92 of the evidence act where the written instrument appears to contain the whole terms of the contract then parties to the contract are not entitled to lead any oral evidence to ascertain the terms of the contract. it is only when the written contract does not contain the whole of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1998VIIAD(SC)37; AIR1998SC3085; (1999)1CALLT22(SC); 1999(1)CTC175; JT1998(6)SC289; 1998(5)SCALE195; (1998)7SCC184; Supp1SCR485
..... the provisions of any statute, act or regulation not hereby expressly repealed, nor ..... provides that it is subject to the contract or local usage to the contrary and that section 4 of the property act lays down that chapters and sections of this act which relate to contracts shall be taken as part of the indian contract act, 1972. our attention, in this connection, also was invited to section 1 of the indian contract act, 1872 which provides that :'nothing herein contained shall affect ..... any usage or custom of trade, nor any incident of any contract, not inconsistent .....Tag this Judgment!
Court : Delhi
Reported in : 2003(1)ARBLR353(Delhi)
..... or not.21. the matter can be examined in the context of provisions of indian contract act as well. it is well known that an nit is invitation to bidder to make offer i.e. it is invitation to offer. an offer or proposal is defined in section-2(a) of the indian contract act which reads as under:'2(a) when one person signifies to another his ..... willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to ..... absolute or unconditional (section 7 of the contract act) to make it a concluded contract. a conditional acceptance becomes counter offer and it is for the offerer to accept it or not. however, it is well known that in government contracts, tenders offers are invited invariably, nay, always with pre-determined/stipulated conditions of contract which would govern the contract, once it is entered into with a ..... make a proposal.'we may point out that there is no concept of 'conditional offer' in the law of the contract .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2008SC2449; JT2008(6)SC48; (2009)ILLJ224SC; RLW2008(3)SC2773; 2008(6)SCALE613; (2008)7SCC29; 2008(3)SLJ408(SC); 2008AIRSCW3753; 2008LABIC3575; 2008LabIC3575
..... to have any application whatsoever in the instant case.20. subject, of course, to the terms of 'invitation to treat' as also those of the offer as envisaged under the indian contract act, an offer has to be accepted. unless an offer is accepted, a binding contract does not come into being. a voluntary retirement scheme contemplates cessation of the relationship of master and servant ..... . the rights and obligations of the parties thereto shall become enforceable only on completion of the contract. unless such a stage is reached ..... aforementioned scheme.17. when a scheme is floated for voluntary retirement, it constitutes an offer to treat. it is not an offer stricto sensu. only when pursuant to the said invitation to treat, an employee opts for such a scheme, it constitutes an offer. when such an offer is made, it is required to be accepted. the matter relating to implementation ..... mind and decide to modify its order.[see also bsnl v. subash chandra kanchan : air2006sc3335 ]a distinction, however, has always been made by this court as to cessation of a contract of service by way of punishment vis-`-vis an order of suspension which does not bring about such a cessation, as for example suspension. [see state of punjab v. khemi .....Tag this Judgment!
Court : Delhi
..... the offer is complete as against the offerer or proposer, it falls outside section 5 of the indian contract act, 1872.14. to put it differently, in the invitation to offer issued by the appellant, there were, in fact, two proposals. the first was an invitation to the respondent to send a proposal to the effect that he would remain bound by the same ..... of section 74 of the indian contract act, the appellant, who suffered the breach, was entitled to receive reasonable compensation not exceeding the amount which was named in the contract as liable to forfeiture, whether it be earnest money or anything else. in this context, one cannot lose sight of the fact that, admittedly, the appellant had invited offers for the purchase of ..... bank guarantee and/or enforcing the bid security, there is no statutory right, exercise of which was being fettered. there is no term in the contract which is contrary to the provisions of the indian contract act. the indian contract act merely provides that a person can withdraw his offer before its acceptance. but withdrawal of an offer, before it is accepted, is a completely ..... appellant to forfeit the earnest money; it was nevertheless open to the respondent to withdraw his offer before acceptance in view of the aforesaid provisions of section 5 of the indian contract act, 1872. according to the court below, all such conditions prohibiting the respondent from withdrawing his bid during its period of validity, as prescribed by the tender conditions, are .....Tag this Judgment!
Court : Mumbai
Reported in : 1992(1)BomCR485
..... not specifically set out in the award in so many words.44. the learned counsel for the petitioners and the respondents have invited my attention to the following leading judgments of the supreme court interpreting section 56 of the indian contract act on applicability or non-applicability of doctrine of frustration in a given situation and the development of law on the subject and ..... view that section 56 of indian contract act was not attracted in the instant case. one has to study paragraph 7 of the award as a whole.49. i record an alternate finding, though not absolutely necessary, that the original award does not disclose any error of law apparent on face of the award. the court cannot be invited to enter the arena of ..... ramswami, j., held that on no conceivable legal basis is the arbitrator could award the amount of compensation and the arbitrator had ignored the provisions of section 73 of the indian contract act and had awarded damages on wrong legal basis. it appears to me, with respect, that the submissions of the learned counsel for the petitioners are contrary to the majority judgment ..... of the express terms contained in clauses 7, 10 and 11 of the contract, we do not agree with the contention of the defendants' counsel that the contracts in question are contingent contracts. we, therefore, hold that the doctrine of frustration as codified by the indian contract act does not apply to the contracts in question. as a consequence, we further hold that the defendants had committed .....Tag this Judgment!
Court : Gujarat
Reported in : (2000)3GLR2759
..... offer with free consent, because while making an offer persuant to invitation to make offer by tender was caused by fraud as defined in section 17 of the indian contract act, 1872 and therefore, in view of section 19 of the indian contract act, 1872, when consent to an alleged agreement is caused by fraud, that contract is voidable at the option of party whose consent was so ..... of parties competent to contract, for a lawful consideration and with a lawful object, so ingredient of ..... effect that while defendant no. 1 floated tenders, an invitation to make offer, was containing incorrect facts, and therefore, fraud has been committed by the defendant no. 1 when an invitation to offer was extended by the defendant no. 1 by floating tenders. looking to section 10 of the indian contract act, 1872, all agreements are contracts, if they are also made by the free consent ..... 'free consent' is required to be shown by defendant no. 1, when defendant no. 1 alleges that a concluded agreement has come into existence. in section 14 of the indian contract act, 1872, 'free consent' is defined. as per section 14, consent is said to be free when it is also not caused by fraud as defined in section 17. section 17 .....Tag this Judgment!
Court : Mumbai
Reported in : 88ITD118(Mum)
..... gujarat high court in the case of hiralal manilal mody (supra).11. in additions to the citations mentioned above, the learned counsel for the assessee further invited my attention to section 73 of the indian contract act and emphasised that general principle for award of damage is compensatory, i.e. the injured party should as far as possible be placed in the same position ..... in terms of money as if the contract had been performed by the party in default. attention was also invited to section 55 of the transfer of property act and it is ..... 1990 to 1999 placed on the paper book which can be held to be a right cause for payment of liquidated damages which is permissible under section 73 of the indian contract act.26. therefore, in the given facts and circumstances of the present case, i am of the opinion that the liquidated damages received by the assessee, cannot be brought to capital ..... (bom) , a question arose before this court whether a right to obtain conveyance of immovable property is capital asset within the meaning of section 2(14) of the act.this court held :'a contract for sale of land is capable of specific performance. it is also assignable. therefore, in our view a right to obtain conveyance of immovable property is clearly property .....Tag this Judgment!
Court : Madhya Pradesh
..... the contention that the agreement produced by the petitioner is void is incorrect. in this connection, learned counsel for respondent no. 3 has invited the attention of this court to section 2(h) and section 10 of the indian contract act, 1872. it is also urged that subsequent to approval of rates offered by respondent no. 3, an agreement was executed and respondent no ..... v. education datamatics ltd., (2004) 4 scc 19. section 2(h) of the aforesaid act, provides that an agreement enforceable by law is a contract. section 10 of the indian contract act, 1872 provides that all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared ..... to be void. thus, the essential ingredients of valid contract are namely; free consent of parties ..... . 3 has successfully executed the contract so far and only period of two months is left as contract is valid upto 15-5-2014. 7. i have considered .....Tag this Judgment!