Court : Gujarat
Reported in : AIR2001Guj343
..... was a wrong dispute, the dispute did stand between the parties and within knowledge of the appellant and, therefore, also it would be difficult to hold that there was a concluded contract between the parties as the appellant was not agreeable with the say of the respondents that the rate was wrongly quoted through error.43. ..... since the amount has not been paid at any point of time it would be one of the considerations for holding that there was no concluded contract between the parties, it is more so when the appellant never exempted the respondents from paying the earnest money nor such an exemption was permissible ..... though the tender was required to be accompanied by an amount of earnest money and though the tender of the respondents did not deposit the amount of earnest money, then how the appellant issued the said tender of the respondents which was not accompanied by earnest money ..... correspondence between the parties, the trial court has found that the deposit of earnest money was part and parcel and the pre-condition of contract between the parties. ..... here that the appellant insisted upon the deposit of earnest money and the respondents, despite the said insistence, did not deposit the earnest money amountwhich would be an additional factor in holding that there was no concluded contract between the parties.22. ..... of the respondents did not accompany the deposit of earnest money which was a pre-condition. ..... the payment of earnest money is a pre-condition for arriving at the contract. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1973Guj256; (1973)0GLR998
..... the stipulation as regards the forfeitures contained in the above clause, is governed by section 74 of the contract act or no, it is necessary to notice that this clause contemplates two consequence on rescission of the contract namely, (1) forfeiture of security deposit and (2) railway's right to recover any amount by which the cost of the completing the work by any other agency shall exceed the value of the contract which in other words, means that the contractor shall be liable to the railway to reimburse all ..... in this case there is absolutely noting to suggest that security deposit of the 10 per cent of the total value of the contract was a reasonable pre-estimate of damages not as the railway administration put forward any defence of this type. ..... the appellant-plaintiff has committed breach of the contract and since it was on account of this breach that the railway department was obliged to complete the remaining work of the contract legal injury contemplated by section 74 of the contract act should be presumed and even if there is no actual evidence as regard the damages or loss suffered by the railway the court should deduct some amounts from the security deposit to compensate the railway department for the legal ..... now on this question the contention which is put forward on behalf of the appellant is that according to section 74 of the indian contract act the security deposit could not have been forfeited as the said forfeiture would be penal. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2004Guj26; (2003)3GLR2234
..... be bound to comply with any such requisition unless and until the person making it - (a) within fourteen days after the service on him by the licensee of a notice in writing in this behalf, tenders to the licensee a written contract, in a form approved by the (state government) duly executed and with sufficient security, binding himself, to take a supply of energy for not less than two years to such amount as will (assure to the licensee at the current ..... held above, this condition 2(j) is unreasonable, irrational and against well known principles of contractual liability made under the contract act and ultra vires and has no legal sanctity, hence, is liable to be struck down.17. ..... but, the law, as it stands, is inadequate to enforce the liability of the previous contracting party against the auction-purchaser who is a third party and is in no way connected with the previous owner ..... as the law as it stands, is inadequate to enforce the liability of the previous contracting party against the auction-purchaser who is a third party and is in no way connected with the previous ..... not statutory in nature since electricity is consumed by the consumer on the basis of a written contract prescribed in form ed-17 approved by section 26 of the act. ..... (supply) act, 1948 (hereinafter referred to as 'the supply act', the contract act and the co-operative societies act. ..... pre-condition of deposit of arrears of previous owner/ occupier is nothing but forced loan which has been condemned by the supreme .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR2777
..... to construct or constructs a block or building of flats, all or some of which are to be taken or are taken on ownership basis shall, before he accepts any sum of money as advance payment or deposit, which shall not be more than 20 per cent of the sale price, enter into a written agreement for sale with each of such persons who are to be taken or who have taken such flats, ..... should also be remembered that the final certificate may, in the absence of an overriding arbitration clause, bind the employer and prevent him from alleging defective work altogether, and many contracts where no architect is used, particularly private-developer sales (or sales of houses `in the course of erection') may, depending on their terms, extinguish liability upon the later conveyance ..... principles, it must be noted that application under article 226 of the constitution of india is not maintainable for enforcement or breach of contractual rights against a party to the contract irrespective of the fact that whether such a party is private individual or the state because such dispute involves questions of facts which can be investigated in a suit rather than in the writ proceedings. ..... and that too, of levy sugar, the amount was got deposited with a right to forfeit in case of breach of contract. ..... unable to assess the compensation the sum named by the parties, if it be regarded as a genuine pre-estimate may be taken into consideration as the measure of reasonable compensation, but not if the sum named .....
Tag this Judgment!Court : Gujarat
Reported in : [1984]55CompCas107(Guj)
..... allegation is that the company failed to ship the goods as per the contracts and also failed to refund the pre-shipment advance and thus failed to honour its contractual as well as financial obligations ..... . if the scheme has to be ultimately implemented by the company as part of its contract and yet its directors can be changed according to its articles of association, we see no difference in the situation where a sponsor is required to be changed in the facts and circumstances of ..... it was understood that each party sponsoring the scheme, which deposits the amount as directed by the court for payment to workmen, would be reimbursed fully in case the scheme sponsored by such party is not approved by the ..... the going was good, the company built up a high reputation so far as its financial stability and economic viability is concerned and, consequently, attracted large deposits, largely from middle class depositors. ..... . nddb has since offered to deposit a sum of rupees one crore with the ..... as pre-shipment advance to the company under the aforesaid two contracts. ..... . the scheme represents a contract sanctified by court's approval between the company and the creditors and/or members of ..... . 75,000 deposited by til pursuant to the court's order in company ..... subsequent conduct of til in applying for the withdrawal of the deposit money of rs ..... 1979, dated 29th december, 1979, for withdrawal of the deposit money. ..... of 1977, preferred by its workmen, that both til and nddb should deposit a sum of rs. .....
Tag this Judgment!Court : Gujarat
Reported in : [2007]135CompCas352(Guj); [2007]78SCL274(Guj)
..... proper construction and the surrounding circumstances lead to the conclusion that the parties did not intend to do so, then, there being no express bargain, the contract to create the mortgage arises by implication of the law from the deposit itself with the requisite intention, and the document being merely evidential does not require registration. ..... properties in question, was in force, that is to say, as a result of the restraint order as on the date, the transaction took place, the company suffered from legal incompetency to enter into contract in respect of the properties in question, in terms of section 11 of the contract act no valid contract could be executed by the company under restraint order from alienating the properties in question. ..... judgment, the learned counsel submitted that, in terms of section 11 of the contract act, no valid contract could be executed by the company under restraint order from alienating the property in ..... in evidence and, therefore, the plaintiff cannot enforce the said deed, ext.3, in the instant suit by demanding payment of interest upon the principal sum advanced by him by way of mortgage by deposit of title deeds.3.34 section 50 of indian registration act provide for effect of non registration of document. ..... on page 1619 which reads as under: therefore, the crucial question is : did the parties intend to reduce their bargain regarding the deposit of the title deeds to the form of a document if so, the document requires registration. .....
Tag this Judgment!Court : Gujarat
Reported in : (1996)3GLR543
..... definition of industrial dispute under section 2(k) of the act being a dispute between the employer and the employees and in that case the dispute would not be for abolition of the contract labour, but for securing the appropriate service conditions from the principal employer on the footing that the workmen concerned were always the employees of the principal employer and they were denied their ..... the employees of the commission, the commission had not violated the provisions of any act and that the petitioners could not be treated as workmen of the commission, that after the expiry of their contract, the concerned persons had voluntarily joined their services with the concerned contractors and hence there was no question of treating them as direct employees of the commission, that no sanctioned post in the commission ..... initially a contractor was engaged by the corporation for handling storage and transit of foodgrains at one depot and subsequently, by negotiations and settlements, the contract system was abolished and the workmen were directly paid the wages, presumably at piece rate for the service rendered by them and further attempt was made to bring about a basic ..... this question has also been dealt with by the supreme court in para 16 of the judgment and it has been observed that if the contract is not genuine, the workmen of the contractor themselves can raise such dispute, since in raising such dispute the workmen concerned would be proceeding on the basis that they are in .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR2915
..... the state of gujarat has not disputed the quantum of amount under this head but it has been contended that, as per terms of the contract, the security deposit can be refunded only on completion of the work within a period of three months after the payment of the final bill. ..... the trial court after taking into consideration the provisions as well as relevant clauses of the contract in question appreciated the evidence in the form of correspondence, documents and depositions of witnesses and has come to the conclusion that the plaintiff-respondent was entitled to exercise the option available under section 53 of the contract act, the department having committed fundamental breach of the contract in view of its inability to supply the site and thus creating situation where it would ..... in the present case, though the trial court has referred to oral deposition of the plaintiff regarding assessment of profits from contract business by income tax department at the rate of 20% or so, no evidence, in support of such assertion has been led. ..... the original defendant who has committed the breach of contract and in view of these circumstances, the security deposit held by it has to be returned to the plaintiff contractor viz. .....
Tag this Judgment!Court : Gujarat
Reported in : [2001(90)FLR359]; (2001)IILLJ93Guj
..... there is no prima facie material to hold at this stage that the petitioners were working under the contract for the period between december 1, 2000 to november 30, 2001 as boiler operators. ..... i, however, do not find much merit in the contention inasmuch as the contract was between december 1, 2000 to november 30, 2001 and since the petitioners were raising certain disputes with ..... 1, oil & natural gas commission, were inter alia in prohibited employment of contract labour as boiler operators and as such the petitioners have become direct employees of the respondent no.1 and since they are working for a period of about 9 years as boiler operators they should be absorbed by the ..... case the apex court observed that abolition of contract labour system ensures right to the workmen for regularisation of them as employees in the establishment in which they were hitherto working as contract labour through the contractor. ..... boiler operators and as such they cannot be placed in the category of prohibited labourers under the contract labour (regulation and abolition) act, 1970. ..... for the period between december 1, 2000 to november 30, 2001 and pursuant to this contract 9 petitioners are working as plant assistants. ..... is thus clear from this deposition that according to the respondent ..... it is further deposed that the contract awarded to the contractors by ongc is given to carry out jobs for assisting ongc officers and cover low-tech areas of sophisticated and state of the art boilers owned by ongc in the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2004Guj362; (2004)2GLR1744
..... of gram and that on replacement of the disputed quantity, the contract should be treated to have been concluded and the security deposit and all the dues be paid to the plaintiff and that in order to safeguard the interest of the appellant corporation, the respondent - original plaintiff was ready to give bank guarantee of rs ..... he has further submitted that there was no occasion to give directions in the midst of working and conclusion of this contract to deviate from the prescribed procedure and, therefore, the direction in this regard as contemplated in analysis report dated 17.05.03 are totally uncalled for ..... patel, learned advocate for the appellant has submitted that the learned trial judge has failed to appreciate that the forfeiture of security deposit for breach of contract was a condition of contract between the parties. ..... loss or injury are concerned, the court does not find much substance as it appears from the record that the presence of kesari was found, though in small quantity and as per the terms of the contract, if the goods are in not conformity with the criteria laid down under the provisions of p.f.a. ..... clause (9) of the contract between the parties makes it abundantly clear that the entire security deposit is liable to be forfeited for the breach of contract. ..... as per para-9 of the contract between the parties, the entire security deposit is liable to be forfeited for breach of contract. ..... breach of contract entails liability of forfeiture of security deposit. .....
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