Court : Delhi
Decided on : Mar-01-1989
Reported in : AIR1990Delhi204; 1989(2)ARBLR189(Delhi); ILR1990Delhi399
..... here was collusion between the petitioner/claimant and the architect and in spite of the best efforts the respondents were not able to procure all the documents pertaining to the contract and it was apprehended 'that the claimant/contractor will fabricate records and documents in support of its claims in collide on with other interested parties'. it was grayed that, ..... the claim of the petitioner before the arbitrator, was. for clearance of jungle in excess of the quantity specified and also removal of surplus earth. according, to mr. sibal the contract specified in clause 2(b) that there could be variation of the scheme of quantities only under written instructions. the submission was that by allowing the claim of the petitioner ..... because notwithstanding there being a provision for liquidated damagea, the claimant under these heads has been awarded m excess thereof. fourthly, it was contended that clause 2(b) of the contract between the parties has been violated by the arbitrator, which clause provided, that if there was to be any variation of the schedule of quantities then such variation was permissible ..... case of the petitioner that as there were some disputes with regard to measurements, remeasurements took place in october, 1985 but on 1st november, 1985 respondent no. i terminated the contract of the petitioner. (5) before the termination of the work, as disputes between the parties had already arisen by letter dated 5th june 1985 written by the aforesaid architects, shri .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-22-1989
Reported in : AIR1990Cal421
..... sell specific commodities or a transaction of sale of goods with an irrevocable tetter of credit. but in modern commercial transactions, various devices are used to ensure performance by the contracting parties. the traditional letter of credit has taken a new meaning. in business circles, stand by letters of credit are also used. performance bond and guarantee bond are also ..... of credit are satisfied. the bank, however, was not allowed to determine whether the seller had actually shipped the goods or whether the goods conformed to the requirements of the contract. any dispute between the buyer and the seller must be settled between themselves. the courts, however, carved out an exception to this rule of absolute independence. the courts held ..... garden reach road, calcutta-23 (hereinafter referred to as the 'contractor', which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a contract by issue of owner's letter of intent no.01/cc-27/175/al dated 8-1-85 and the same having been unequivocally accepted by the contractor resulting in ..... ltd. the defendant no. 1 in the suit (hereinafter referred to as the appellant) and dated the 8th of january 1955 (hereinafter referred to as the said or original contract). by the said contract -- the plaintiff was awarded the work for construction -- of 400 k-v. transmission line power package for the korba bhillai transmission line and associated with the korba super .....Tag this Judgment!
Court : Delhi
Decided on : Jan-24-1989
Reported in : AIR1990Delhi139; ILR1989Delhi94; 1989RLR149
..... of district judge, bhilwara. in that suit also it is to be proved whether the plaintiff has been negligent in performing his part of the contract and his contract has been rightly rescinded by the defendant. any decision given in the said suit on these points would obviously operate judicata in the present suit ..... issue in both the suits are substantially the same because the crucial question which would arise for decision in both the suits is whether the contract of the plaintiff has been rightly or wrongly terminated and ones a finding is given on this crucial question the same would be rest judicata in ..... which had to be decided is whether the plaintiff had been negligent and careless in performing his job and defendant was right in cancelling the contract and whether the plaintiff had been overpaid his commission and for deciding that question it is to be established by the defendant in that suit that ..... the fee of the plaintiff. (4) the plaintiff in the present suit has pleaded that plaintiff has been doing his job in accordance with the contract with fullest ability, and he was put to excessive work and labour which was beyond the service agreement and plaintiff had to modify a number of ..... was found to supply to the defendant-company. so it is stated that due to all these lapses of the plaintiff the defendant-company terminated the contract of the plaintiff vide letter dated march 29. 1985. the defendant-company filed suit in the district court, bhilwara claiming a sum of rs. 1 .....Tag this Judgment!
Court : Orissa
Decided on : Aug-04-1989
Reported in : 77STC303(Orissa)
..... retain it. basis of the law should be restitution where it is unreasonable and unjust for the defendant to retain the benefit which he has received. the theory of implied contract still persists in law. 'restitution' means the restoring of anything unlawfully taken from another. it is most frequently used in the common law for setting them in possession of land ..... expenses of another person, the latter, in order to obtain what is due to him, does not enjoy the benefit of any action based on contract, quasi-contract, delict or quasi-delict. the fiction of quasi-contract was useful historically in creating a remedy for certain cases of unjust enrichment. in our view the time has come at which the fiction should be ..... and tenements that has been unlawfully disseised of them. looked at from another angle under section 72 of the indian contract act, a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it. section 72 of the ..... contract act includes payment made under a bona fide mistake of law. in our view, in case of payment of a tax which is ultra vires or unconstitutional or paid under .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-31-1989
Reported in : AIR1989SC1371; 1989(2)ARBLR356(SC); (1989)2CompLJ1(SC); JT1989(2)SC47; 1989(1)SCALE770; (1989)2SCC645; 2SCR320; 73STC370(SC)
..... .25. on the passing of the 46th amendment the state governments after making necessary amendments in their laws commenced to levy sales tax on the turnover of the works contracts entered into by the building contractors for constructing houses, factories, bridges etc. in some states taxable turnover was determined by deducting the money spent on labour engaged in ..... therein, there was neither a contract to sell the materials used in the construction nor the property passed therein as moveables. this court further held that the expression 'sale of goods' was at the ..... true interpretation the expression 'sale of goods' meant an agreement between the parties for the sale of the very goods in which eventually property passed. in a building contract where the agreement between the parties was that the contractor should construct the building according to the specifications contained in the agreement and in consideration therefor received payment as provided ..... v. state of mysore : air1955kant41 , the mysore high court held that the provisions of the mysore sales-tax act imposing sales tax on construction of buildings under works contract were valid and further upheld the determination of the taxable turnover on percentage basis. the competence of the state legislature to levy sales tax on the supply of building materials .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-09-1989
Reported in : ILR1989KAR2408
..... seller had given notice for completion of sale on august 6, 1962. the seller was held entitled to make time as the essence of the contract and purchaser therefore could not sue for specific performance after one month of august 16, 1962.15. the noting is said to have been culled out ..... it is not uncommon that people in different circumstances even with the advice of a solicitor or advocate and in large cities and metropolis do reduce contract to writing on ordinary plain paper and later on get it validated by procedure prescribed by law in that behalf. nor there is any judicial authority ..... within which the sale deed should be executed and therefore on the ground of vagueness in regard to the time for execution or completion of the contract the suit agreement is not enfoceable. another limb of the same argument which was urged was that it was highly improbable, that such a document ..... argument of mr. tarakaram, learned counsel for the appellant has been that it is vague; vague not in terms of the subject matter of the contract, vague not in terms of the consideration agreed, vague not in respect of the advance said to have been paid, but vague because it does not ..... his favour accepting the balance of consideration agreed. he further averred that he was ready and willing to perform his part of the obligation under the contract after having partly performed by paying part of the consideration as advance.4. defendant denied the plaint allegations though he admitted that he was the landlord .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Decided on : Oct-13-1989
Reported in : (1990)32ITD30(Ahd.)
..... the assignee the sum of rs. 9 lakhs or any part thereof for any reason whatsoever ". therefore, this plea that there was frustration of the contract and that consequently there was no assignment has no substance whatsoever. it can hardly be contended that an amount of rs. 9 lakhs would be paid ..... commercial mills but from the assignee bharat vijay mills. if it was damages it would be received from the party who was responsible for performing the contract. therefore, this plea regarding damages cannot be accepted.that bring us to the two main submissions which have been made on behalf of the assessee.9 ..... tax officer.7. the assessees counsel rejoined that the assessees statemnt of income did not prevent it from raising legal contentions based on frustration of the contract. he also submitted that since there was no cost incurred by the assessee the additional expenses amounting to rs. 2,05,768 could not be taken ..... the result that there was no transfer and therefore, no capital gain at all. he submitted that the second agreement for assigning the rights on the contract was merely a purported assignment but actually there was no assignment because there was nothing to assign. the result was that the amount of rs. ..... etc.5. on behalf of the assessee, mr. kaji first of all submitted that the payment of rs. 9 lakhs was actually damages for breach of contract by the vendor. however, later on he made two other submissions. according to him, by reason of the court order there was a frustration of .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-11-1989
Reported in : 74CompCas175(Cal),94CWN33
..... in the letter dated june 15, 1974, it has been stipulated that 'notwithstanding the foregoing', stc maintains that texmaco failed to perform in an orderlymanner its obligations under the aforesaid contract. in view of the foregoing, stc hereby asks you to make full payment'. whether the stc has acted logically or illogically, rationally or irrationally, is not the question relevant ..... guarantee. according to learned counsel for the respondent, the bank is also not concerned with the question whether the party furnishing the bank guarantee has committed any breach of contract or has failed to perform its contractual obligations.42. it has also been contended by learned counsel for the respondent that it is sufficient if the bank understood the ..... : air1988delhi207 , which followed the decision of this court in banerjee and banerjee, : air1986cal374 . 41. learned counsel for the respondent has, however, submitted that the bank guarantee is really a contract between the bank and the beneficiary of the bank guarantee to the effect that, whenever there is a demand by the beneficiary in terms of the bank guarantee, the bank ..... contended that the allegations of the respondents in the said letter of demand dated december 19, 1987, to the effect that the petitioner has failed to perform under the contract is wholly incorrect. the petitioner has further contended that the respondent had deliberately and mischievously misled the bank to get the entire payment covered by the said bank guarantee .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-08-1989
Reported in : ILR1989KAR3320; 1989(2)KarLJ456
..... for the appellant has emphasised that the supreme court has clearly pointed to three exceptions under which the normal rule that no declaration to enforce the contract of personal service could be departed from. added to that, in the instant case, there is no statutory status for the respondent and therefore ..... . there, if the master wrongfully dismisses the servant, either summarily or by giving insufficient notice, the employment is effectively terminated, albeit in breach of contract. here, the removal of plaintiff's name from the register being, in law, a nullity, he continued to have the right to be treated ..... be a mere case of a master terminating the services of a servant. the exceptions to the normal rule that no declaration to enforce a contract of personal service will be granted are: (1) a public servant who has been dismissed from service in contravention of article 311(2) reinstatement ..... grant the relief in the nature sought. giving such a declaration in such an eventuality did not amount to indirectly enforcing specific performance of personal contract. hence, according to the respondent's counsel, the decree made by the court below is quite in accordance with law and does not call ..... by the executive committee of the college is void, illegal and inoperative, a declaration of this nature would virtually amount to enforcement of a contract for personal service which the court below could not have done. if the question of the relationship of master and servant is kept in view .....Tag this Judgment!
Court : Kolkata
Decided on : May-05-1989
Reported in : (1991)IILLJ360Cal
..... would be very much affected financially. under such circumstances in my opinion the mother dairy being state authority cannot arbitrarily refuse to renew and /or thereby terminate the contract of the petitioner causing serious prejudice to the petitioner fincancially. although the clause 1 of the said agreement provides for automatic termination on the expiry of the period of ..... hearing particularly at this stage. it has been submitted thaton the other hand the petitioner could not have any cause to be aggrieved if the reasons for notrenewing the contract were not communicatedto him. in support of his said contention thelearned advocate for mother dairy relied uponthe following decisions: 1. the chairman, board of mining examination and chief ..... corporation ltd. v. brojonath ganguly & anr. and central inland transport corporation ltd. & anr v. tarun kanti sengupta (supra). this is a landmark judgment relating to the service contracts. on interpretation of the relevant service rule the supreme court held that the rule empowering the government corporation to terminate service of its permanent employees by giving notice or pay ..... with standard or norm which is not arbitrary, irrational or irrelevant. the power or discretion of the government in the matter of grant of largesse including award of jobs, contracts, quotas, licenses etc. must be confined and structured by rational, relevant and non-discriminatory standard or norm and if the government departs from such standard or norm in .....Tag this Judgment!