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Judgment Search Results Home > Cases Phrase: pawnee contract Court: patna Page 1 of about 867 results (0.038 seconds)

Apr 23 1963 (HC)

State of Bihar Vs. Bank of Bihar Ltd.

Court : Patna

Reported in : AIR1963Pat344

..... have not been challenged or denied by the only witness examined for defendants 2 to 5. shri singh also referred to section 129 of the indian contract act, which defines a "continuing guarantee". but i fail to understand how it helps him. section 129 merely lays down that the guarantee which ..... hence, there was no wrongful deprivation of the money by the cane commissioner through the certificate proceedings; and the remedy under section 180 of the contract act was not available to the bank against the state representing the cane commissioner either.11. i shall now discuss the authorities cited by mr. ..... . the question therefore, is whether the bank can recover the money from the state representing the cane commissioner,the remedy under section 180 of the contract act would be available to the bank against the state, if the commissioner had wrongfully deprived the bank of the substituted security, namely, the price ..... secure which the goods were pledged as also for the interest thereon and the expenses incurred by the pawnee for the preservation of the goods pledged (see sections 172 to 175 of the indian contract act). the pledgee can, in default of payment of the debt by the stipulated time, sell the ..... facts of the instant case. of course, this passage shows that the pawnee is a secured creditor; but this position is also evident from the provisions of the indian contract act and it was conceded by mr, chatterjee that the pawnee is a secured creditor so long as he is in possession of the .....

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Aug 08 2006 (HC)

Phullan Mian and ors. Vs. Jogendra Ram and anr.

Court : Patna

..... any individual civil right arises. i, therefore, hold that both the courts below have committed grave error of law in decreeing the suit of the plaintiff for specific performance of contract when the plaintiff has failed to prove that he had got any cause of action for instituting the suit. accordingly, these substantial questions of law are decided . substantial questions of ..... sale deed, why he did not approach defendant no. 1 to get the sale deed executed and what was the necessity of filing the suit, for specific, performance of contract so hurriedly remained unexplained. this circumstance establishes that the very purpose of filing of the suit was something different and the plaintiff's assertion regarding the readiness and willingness to ..... on similar with the case of pandurang ganpat tanawade, appellant v. ganpat bairu kadam and ors. respondents reported in : air1997sc463 and he is entitled for decree of specific performance of contract.16. from perusal of the record of the trial court it: appears that before the trial court altogether six witnesses were examined on behalf of the plaintiff, namely, narsigh ram ..... to pay the balance consideration money but as the defendant-first party was avoiding to execute the sale deed hence, the? necessity of filing the suit for specific performance of contract arose.3. defendant first party as well as defendant second party both filed separate written statements. from perusal of the written statement filed by defenant first party it appears .....

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Apr 19 1999 (TRI)

C. M. P. D. I. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (2000)72ITD544(Pat.)

..... that while the requirement was there that the agreement must have been made before 1-4-1976 there was no requirement under the proviso that the contract must have been approved by the central government before 1-4-1976. for the benefit of clear and quick reference we quote the proviso below : ..... maintained on behalf of the russian government. he contended that unless the contracts were approved, the payment would not have been possible. he argued that these facts coupled with the aforesaid letter of the ministry and other surrounding ..... to the government of india, ministry of energy (department of coal) also established and proved the claim that the government's approval of the contracts was there.5.4 the ld. counsel further submitted that admittedly the payment was made by the government of india by adjustment in the account ..... viz) of sub-section (1) of section 9 of the act was applicable in the case.5.3 as regards the approval of the aforesaid contracts by the central government, the ld. counsel submitted that they had been approved by the central government. in this connection he referred to letter from ..... central government. in the absence of any specific approval mentioning the date of approval, the ld. cit(a) did not accept the claim that the contracts had been approved by the central government before 1-4-1976. he, therefore, confirmed the assessing officer's actions for both the years.4. aggrieved .....

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Oct 06 1994 (HC)

Trident Tubes Limited Vs. the Government of Bihar and ors.

Court : Patna

..... , page 222 the learned judges of the full bench have been pleased to observe that 'a writ of mandamus will not issue to enforce a contract against the government which has not been made in exercise of statutory power.' 26. however, in the said judgment in paragraph 12, the learned ..... . this is clear from the penultimate paragraph of the said judgment. paragraph 12 is set out below:-- 'now if appellant entered into a solemn contract in discharge and performance of its statutory duty and the respondent acted upon it, the statutory corporation cannot be allowed to act arbitrarily so as to ..... hindusthan sugar mills v. state of rajasthan). in the review judgment the supreme court came to the finding that there is a clause in the contract between the parties for reimbursement of sales tax to the sugar mill. as such the supreme court expressed a desire that the central government instead of ..... the spinning mill, the writ petition was filed. in the background of these facts the doctrine of promissory estoppel was pressed into service. there was no contract between the parties as in the present case. 12. similarly in the case of hindustan sugar mill v. the state of rajasthan reported in (1978) ..... estoppel. but in none of the cases except the ones noted below, the relationship, of the parties are governed by the written terms of a concluded contract. 11. in the case of century spinning and manufacturing company limited v. the ullash nagar municipal council, reported in air 1971 sc 1021, assurances .....

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Mar 01 2006 (HC)

Sidharth Construction Trading Pvt. Limited Vs. the Union of India (Uoi ...

Court : Patna

..... be absolutely upto the specifications keeping in view the nature and the purpose for which it was to be used in particular, apart from the terms and conditions of the contract, test is conducted only of samples and not of the whole. it is just like tasting a small portion of the food to find out as to how it has ..... test report dated 10.9.2004 (annexure 16). therefore, the reasons assigned are supply of sub-standard materials which are below the prescribed specifications in violation of the conditions of contract, with mala fide intention, causing loss to the railways, and. posing a risk to railway safety.6. learned counsel for the respondents is right in his submission that even though ..... case by the competent authority and it is concluded that the above said firm has been found guilty of misconduct so much so that they violated the general conditions of contract and acted with a malafide intention by supplying of sub-standard stone ballast which not only caused loss to railways but also posed a risk to railway safety.(emphasis added .....

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Sep 09 2000 (HC)

Management of Tata Iron and Steel Co. Ltd. and anr. Vs. Presiding Offi ...

Court : Patna

..... the proceeding. as pointed out, the main question was raised that the tribunal had no jurisdiction to pass order for absorption in absence of notification under section 10 of the contract labour (regulation and abolition) act, 1970. the senior counsel for the petitioners submitted that in the absence of such notification, absorption of workmen was not permissible. reliance was ..... decision of the tribunal, we are therefore, inclined to substitute the terms of the reference to the tribunal by indicating that the reference shall now read thus: whether the contract workers engaged by the management of the tata iron and steel company ltd., jamshedpur in thepermanent and regular nature of work before february 11, 1981 are entitled to permanent ..... management of tisco raised preliminary objection questioning the competence of the reference and jurisdiction of the tribunal to adjudicate the dispute referred in absence of notification under section 10 of contract labour (regulation and abolition) act, 1970. the case was heard by tribunal and answered in negative holding, dispute not an industrial for adjudication by the tribunal and the ..... and industrial mazdoor union, jamshedpur (union) and referred the following dispute for adjudication by tribunal under section 10(1)(d) of the i.d. act, 1947: 'whether the contract workers engaged by the management of tata iron and steel co. ltd., jamshedpur in the following permanent and regular nature of work before february 11, 1981 are entitled for permanent .....

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Feb 09 2007 (HC)

Debashree Construction (India) Pvt. Ltd. Vs. the State of Bihar and or ...

Court : Patna

..... opportunity of hearing was required. thus, there is no non-compliance of the principles of natural justice so far as the rescission of the contract is concerned.12. however, with respect to forfeiture of the security deposit as also that part of the order wherein it has been stated ..... whole matter has been manipulated by the executive engineer to favour the said contractor and there is no justification in the huge difference of contract which has been awarded at the cost of this petitioner whereas the nominal increase sought by the petitioner was not being considered by the authorities ..... principles of natural justice. the further submission of the learned counsel is that there cannot be any automatic forfeiture on the rescission of the contract and passing any such order of forfeiture and the further order with regard to realization of the extra expenditure on the completion of work from ..... by the impugned letter dated 17.7.2006 (annexure-17), the petitioner was finally informed about the decision of the department to rescind the contract and further to forfeit the security deposit given by it and also to realise the additional expenditure to be incurred in completing the work from ..... order no. 22/2006 issued vide memo no. 639 dated 17.7.2006 by the executive engineer, national highway division, aurangabad by which the contract awarded to the petitioner has been rescinded and the security money has been forfeited. consequently, the petitioner also seeks a relief for a direction upon .....

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Feb 05 2002 (HC)

Green Polytubes Pvt. Ltd. Vs. State of Bihar and ors.

Court : Patna

..... control to the government or to the agents of government on the lives of many people. many individuals and many more business enjoy largess in the form of government contracts. these contracts often resemble subsidies. it is virtually impossible to lose money on them and many enterprises are set up primarily to do business with government. government owns and controls ..... the matter of union of india and ors. v. dinesh engineering corporation and anr., observed that public authority even in contractual matters should not have unfettered discretion and in contracts having commercial element even though some extra discretion is to be conceded in such authorities, they are bound to follow the norms recognised by courts while dealing with public ..... arbitrariness and discrimination in such transactions. the activities of the government have a public element and, therefore, there should fairness and equality. the state need not enter into any contract with any one, but if it does so, it must do so fairly without discrimination and without unfair procedure'.14. the following observations from the case of state of ..... observed that when the first respondent entertained the tender of the 4th respondent, it denied equality of opportunity to others similarly situated in the matter of tendering for the contract. the supreme court observed that action of the first respondent in accepting the tender of the 4th respondent, even though they did not satisfy the prescribed condition of eligibility .....

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Sep 09 1993 (HC)

Rama Ranjan Prasad Singh Vs. Union of India (Uoi) and ors.

Court : Patna

..... against each other with regard to their respective performances as it would be only for the screening committee to consider the same while considering the matter relating to grant of contract along with the case of all other persons who may submit their tenders pursuant to the advertisement made by the railway administration, in this regard. 34. for the reasons ..... policy decision of the railway board as contained in annexure-a to the counter-affidavit. (ii) respondent no. 2 upon consideration of the case of all eligible candidates shall grant contract of vending/catering in relation to the muzaffarpur railway station to the successful party in favour of a person recommended by the screening committee. (iii) the screening committee as also ..... the unit; location of the unit/units and any other facts considered relevant by the screening committee.' 18. the respondents, therefore, are notcorrect in contending that a new catering/vending contract has to be given, pursuant tothe policy decision of the railway administration as contained in letter dated 6-1-1992, the terms there of the policy of advertisement therefore were ..... of the matter, we are notimpressed by the argument advanced by mr.mukherjee, learned counsel for the petitionerto the effect that the petitioner was entitled forrenewal of the said vending contract as amatter of right. 14. the railway administration further has given out that a new policy decision has been taken as it appears from the letter dated 6-1-1992 .....

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May 05 1999 (HC)

Sheonandan Prasad Vs. Babunandan Prasad and ors.

Court : Patna

..... the learned single judge were justified in recording the finding that the plaintiffs have always been ready and willing to perform their part of the contract.19. one may now come to the other objection raised by the learned senior counsel for the appellant that no effective decree could be passed ..... one way now proceed to examine whether plaintiffs have averred and proved that they have always been ready and willing to perform their part of the contract.14. in para 5 of the plaint, it is stated as under:5. that the plaintiffs made several demands to the defendants for execution ..... parties and the attending circumstances. the court may infer from the facts and circumstances whether the plaintiff is ready and willing to perform his part of the contract. reference : : air1996sc2095 swami ganesh dasji v. sita ram thapar. the core of the allegations/averments made in the pleading by plaintiff has to be ..... would show that the plaintiffs have made averments that they have always been ready and willing to perform their part of the essential term of the contract, and the conduct of p.w. 7 and the attending circumstances show plaintiffs' continuous readiness and willingness at all stages to perform their part ..... have failed to aver and to prove that they have always been ready and willing to perform their part of the essential term of the contract and that plaintiffs have been and are still ready and willing to specifically perform their part of the agreement, which is an essential ingredient for .....

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