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Showing posts with label contract. Show all posts
Showing posts with label contract. Show all posts
Saturday, 4 April 2026

Bombay HC: Whether third party has locus standi to plead on behalf of the real owner that it is he (real owner), who was to be benefited by the Benami transaction?

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 It is, therefore, necessary to understand whether the evidence is sufficient to prove that the appellant was holding property Benami. The a...

Bombay HC: Whether agreement executed by husband of original owner will be concluded contract and will bind his wife?

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 The respondents have placed on record a document Exh.-78, allegedly signed by the plaintiff's husband stating therein that the suit pro...
Wednesday, 25 March 2026

When the Signature Becomes the Case: Delhi High Court on Proof of Contract, Defective Notarisation and the Limits of Section 34 of Arbitration Act

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In arbitration, a claim founded on a disputed contract cannot survive unless the contract itself is first proved. The Delhi High Court’s de...
Sunday, 29 October 2023

If several annexures/attachments of contract are prepared at different points of time, the latter in point of time would normally prevail over the earlier

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  Another parallel principle that is equally relevant is that where the contract has several annexures/attachments, prepared at different po...

Written, stamped or typed additions in the contract when inconsistent with the printed terms, would normally prevail over the printed terms"

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   That leaves me to consider one more argument advanced by the Applicant. It is the case of the Applicant that the purchase orders containe...
Saturday, 28 October 2023

Whether the court can infer that there was contract on the basis of exchange of Emails?

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 I agree with the Plaintiff's Counsel submission relying on the case of Jyotsna Valia (supra) that a written contract need not always be...
Monday, 2 October 2023

Whether act of State of not deciding application of other party to contract within reasonable time amounts violation of article 14 of constitution?

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  In Mansaram v. S.P. Pathak and Ors. MANU/SC/0363/1983 : (1984) 1 SCC 125 this Court has observed that when a power exists to effectuate a ...
Sunday, 23 July 2023

Whether the government can claim liquidated damages from other party while extending time for completion of project contrary to terms of contract?

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5.2 In the communication granting extension of time with levy of penalty, penalty is levied by the State Government invoking Clause 3.5.5(v)...
Sunday, 2 April 2023

Must the court entertaining a compromise petition examine whether the compromise was void or voidable under the Indian Contract Act?

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  When the amending Act introduced a proviso along with an explanation to Rule 3 of Order 23 saying that where it is alleged by one party an...
Saturday, 25 March 2023

Is a prenuptial agreement between husband and wife not to have a child after marriage a valid contract?

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  Under the Hindu religion, the marriage had assumed the sacred character of sacrament. The personal thought of marriage was a prime necessi...
Sunday, 19 March 2023

Delhi HC: Arbitrator Can Declare Terms Of Contract Null, Even If No Declaration Is Sought By The Party In Its Pleadings

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   It further held that because the rate of interest was left blank in Clause  60.8 (b) in the Appendix to the Bid to which a reference was ...
Tuesday, 7 March 2023

How to determine the court's jurisdiction when an agreement contains both arbitration and recourse to court clauses for dispute settlement?

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The law related to the jurisdiction of the court in the matters pertaining to arbitration is no longer res integra.  It has been held in var...
Sunday, 29 January 2023

Whether a party to a contract is entitled to question the amount of consideration after signing the contract?

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 In the present case, the Appellant and Respondent No. 1 had entered into an agreement on 22.05.2012. This agreement categorically stated th...
Tuesday, 23 August 2022

Whether domestic violence case can be settled in mediation?

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The learned counsel for the petitioner next contended that the default clause in Ext.P2 does not contemplate the recovery of `25,00,000/- pr...
Friday, 15 April 2022

WHEN DOES A MEMORANDUM OF UNDERSTANDING (MOU) MERGE WITH A CONTRACT?

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    The very fact that the State admits to having executed the MoU with UHL on 10 th  February, 1992 and the said MoU has been mentioned as ...
Saturday, 9 April 2022

Whether Breach Of Contract U/S 74 of The Contact Act is Applicable At Pre-Formation of contract Stage?

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The writ petitioner has approached this Court aggrieved by the action of the second respondent in forfeiting the bid security which was subm...

Whether one party can withhold performance bank guarantee if it has acknowledged due performance of contract?

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   In view of the above, the Arbitral Tribunal had rightly directed refund of the amount recovered by BSNL from invocation of the Performanc...
Wednesday, 30 March 2022

When will a clause in an agreement not amount to an arbitration clause?

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 Clause 11 of the Master Service Agreement dated 29th July 2021 between the  parties reads as under:- “11.Jurisdiction, Arbitration & Di...
Sunday, 23 January 2022

When should a party prove loss or damages for breach of contract if there was a contract for grant of liquidated damages?

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 Mr. Raheja's contention that HPCL was not required to either plead or prove any loss is difficult to accept. In  Kailash Nath Associate...

Whether arbitrator can grant post award compound interest without there being an express clause under the contract?

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In  UHL POWER COMPANY LIMITED  vs. State of Himachal Pradesh SupremeCourtofIndia  , three judge bench, decided on 07.01.2022), the Arbitrato...