Judgment Search Results Home > Cases Phrase: deposit pre contract Court: gujarat Page 5 of about 835 results (0.053 seconds)

Swati Iat Utpadak Audyogik Sahakari Mandali Limited Vs. Gujarat Housin ...

Court : Gujarat

..... consideration of the materials on record, it appears that this is a pure and simple case wherein the plaintiff has set up its case that the contract between the parties was for manufacturing bricks for a period of five years, whereas, according to the defendant, the contract between the parties was for manufacturing one crore bricks only and after manufacturing and supplying one crore bricks, the plaintiff was at liberty to quote fresh ..... bare reading of the aforesaid clearly conveys that what was agreed between the parties to the contract was for manufacturing of one crore bricks and the maximum period was extendable up to five ..... further argued that the plaintiff is the society engaged in the business of manufacturing the bricks only, whereas, the defendant board is engaged in construction of housing units at various places and therefore a contract for supply of bricks has been entered into between the plaintiff and the defendant. ..... in view of the aforesaid oral as well as documentary evidence in the nature of written contract, it is clearly established that the contract entered into between the parties was only to the extent of manufacture of one crore bricks ..... therefore, as soon as the plaintiff delivered one crore bricks to the defendant, the contract came to an end for want of further proposal/quotation for manufacturing the bricks on the part of ..... is also the case of the plaintiff that the plaintiff also paid rs.90,000/- as security deposit for the performance of the contract. .....

Sate of Gujarat Vs. Patel Devjibhai Khimjibhai

Court : Gujarat

Reported in : (1976)17GLR196

..... three matters, the interpretation which gave rise to the conflict, was pari-materia with the provision contained in clause 30 in the present suit contract ex 50 the bench in its detailed judgment after considering all the authorities died at the bar and considering all the clauses of those contracts and he contentions which were urged before it held as under:in such a case one has to take into consideration the scheme of the and clause 30 in ..... chhaya, the learned assistant government pleader, appearing on behalf of the state government, urged that the learned city civil judge was clearly in error in holding that clause 30 of the suit contract precludes the aggrieved party under the contract to approach civil court without first referring the matter in dispute to the superintending engineer. ..... 12, was that the suit of the state government was premature in view of clause 30 of the suit contract under which all the disputes relating to the said agreement were required to be referred to the superintending engineer. ..... suit has been dismissed by the learned city civil judge on the short ground that the suit was premature in view of the provision contained in clause 30 of the suit contract, requiring an aggrieved party to approach the superintending engineer before taking any legal action. ..... 11,536-97 paise being the amount of security deposit against the aforesaid amount to be recovered and made a net claim of rs ..... 11,536-97 paise being the amount of security deposit against an amount of rs. .....

Kalavad Vepari Mahamandal and anr. Vs. Kalavad Borough Municipality an ...

Court : Gujarat

Reported in : (1997)3GLR2080

..... therefore, virtually clause (18) of the ijara contract never operated and no accounts were opened for making deposits which could be adjusted against octroi dues.3. ..... the learned counsel appearing for the municipality showed the original ijara contract, a copy of which is at annexure a to the petition and said it was bearing signatures of all the partners of the respondent no. ..... in short, the petitioners have prayed for a direction on the municipality to give them facility of opening a deposit account in which they can deposit the octroi as was envisaged by the deleted clause (18) of the octroi agreement.2. ..... on the strength of this provision it was contended that clause (18) as earlier envisaged, entitled the traders to get such 'account-current' opened in which they could make deposits from time to time in respect of the octroi due from such traders. ..... there is no declaration sought as regards validity of the ijara contract in this petition, and, rightly so, because on the allegations which are sought to be made regarding the composition of partnership this forum will not be appropriate forum to go into the disputed questions which would arise on the basis of ..... 2,500/ - and not allowing the petitioners the facility of deposit account is illegal and unconstitutional being violative of article 14 of the constitution of india. ..... 34 of 1994 and that provision made it lawful for a municipality to lease by public auction or private contract the collecting of octroi. .....

Bachiben Tulsidas Vs. Jayantilal Chunilal

Court : Gujarat

Reported in : (2005)3GLR2244

..... prabhudas shivlal, 1976(3) scr 628, in para 11 of the judgment has observed thus:'it is clear to us that the act interferes with the landlord's right to property and freedom of contract only for the limited purpose of protecting tenants from misuse of the landlord's power to evict them, in these days of scarcity of accommodation, by asserting his superior rights in property or trying to exploit his position by extracting too ..... permitted increases instituted by the landlord against the tenant, if on the first day of the hearing of the suit or on or before such a date, as the court may fix, the tenant pays or deposits in court the standard rent and permitted increases then due and thereafter continue to pay or deposits in court regularly such rent and permitted increases till the suit is finally decided and also pays the costs of the suit as directed by the court. ..... '3.7 the learned counsel submitted that when education cess formed part of the rent as per the contract as the education cess was not payable monthly and rent, therefore, is not paid monthly and deposit of arrears gives protection of rent act under section 12(3)(b) and the case would fall under section ..... it is held in numerous judgments, that the tenant in order to get protection under section 12(3)(b) of the bombay rent act must satisfy the following conditions:(1) the tenant deposits on the first date of hearing the suit or on or before such other date as the court may fix the standard rent and permitted increases. .....

Sanjay Hiralal Shah Vs. Hdfc Bank Limited

Court : Gujarat

Reported in : (2008)2GLR1491

..... (3) in short the plaintiff was to help the cooperative bank in canvassing deposits and clientele for it banking business and in return thereof was to receive 6 % services or professional charges ( i ..... 7 as to whether did there exist any privity of contract between the plaintiff and the defendant no. ..... 7 has contended that practice of giving commission for canvassing deposits by co-operative banks is deprecated and restricted by reserve bank of ..... 7 also filed application exhibit 37 under order 7 rule 11 for seeking dismissal of suit qua the hdfc bank as there was no privity of contract and the cheques issued by the defendant no. ..... 7 so as to rope them in or in absence of any privity of contract between them whether did there exist any agreement of agency as alleged by the plaintiff between the defdant no ..... (7) the plaintiff has not even claim much less proved any privity of contract between him and def no. ..... it's totality they have contended that the instruments in questions were given to the plaintiff only for inspiring confidence and impressing the prospective clientele for canvassing their business and they were not to be deposited by the plaintiff in the bank at all. ..... commission as it was termed by the present respondent in this proceedings) (4) the plaintiff has not produced any written contract even with def. no. ..... under the provisions of rule 4 of order 37 of cpc namely (1) instruments in question were cheques and not demand drafts indicating no privity of contract between the parties. .....

Chavda Jagmal Bhai Malabhai and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : AIR2002Guj48

..... learned counsel also submits that the purchaser under the agreement of sale has independent civil right to seek specific performance of the contract of sale and in this writ proceedings nothing can be said or should be said so as to furustrate his contemplated civil action.16. ..... if there is an enforceable right and there is a cause of action for claiming specific performance of the contract of sale, the purchaser is at liberty to work out his civil rights in appropriate civil court. ..... since, furnishing of bank guarantee requires pre-deposit in the bank, learned counsel submits that his clients could not withdraw the said amount. ..... we would also refrain from expressing any opinion on the alleged existing civil rights of the purchaser whereunder he claims right to seek specific performance of the contract of sale from the society. ..... 1,28,32,500/- has been deposited by the appellants with the high court. ..... it would be open to the society to take necessary decision in that regard and also about the amount of earnest money or advance towards consideration paid by the purchaser and in deposit with the society.37. .....

Oil and Natural Gas Corp. Ltd. Vs. Talukapanchayat and anr.

Court : Gujarat

Reported in : (2006)2GLR987

..... and wherever situate, is liable to the payment of land revenue to the government according to the rules hereinafter enacted except such as may be wholly exempted under the provisions of any special contract with the government or any law for the time being in force.2.15 after relying on section 45 of the act, the learned counsel submitted that though the said section provides that all land ..... not entitled to levy the tax as the plaintiff is not liable to pay any land revenue under the bombay land revenue code and in the light of education cess act and the contract, the plaintiff is also not liable to pay panchayat cess in view of section 191 read with section 203 of the act.4.8 we have also considered chapter xiii of land revenue code ..... government has made rules providing for fixation and collection of fees for prospecting licenses or mining leases, surface rent, security deposit, fines, other fees or charges and the time within which and the manner in which the dead rents or royalty ..... tried to rely on the provisions of section 45 and 48 of the bombay land revenue code and the contract entered into and stated that once there is a statutory provision the government has power to levy tax ..... into between the plaintiff and the state government then by conjoint reading of section 45 of the code with the contract, the plaintiff is not liable to pay land revenue.2.15a he has also relied on section 48 of the code which also reads as under:section 48 ' manner of assessment and alteration of .....

Mohammedbhai S. Sheikh Vs. Vrajlal Mathurdas

Court : Gujarat

Reported in : (2002)4GLR3405

..... is no reference at all, let alone any claim, on account of municipal tax or education cess or any other annual dues whatsoever.14.3 learned counsel for the tenant sought to rely upon the deposition of the defendant-tenant in support his submission that the liability to pay municipal tax or a portion thereof was upon the tenant. ..... of the decree, by this amount.13.2 however, on these facts when the correct law is applied, it is found that in order to obtain the protection of section 12(3)(a) of the bombay rent act, the tenant must pay to the landlord or deposit to the benefit of the landlord the amount claimed in the suit notice within 30 days of the receipt thereof. ..... , a decree for eviction has to be suffered by the tenant.13.3 on the facts of the case, it is an admitted position that the tenant had not made any payment whatsoever to the landlord, nor had made any deposit in any proceeding in any court, within 30 days of the receipt of the suit notice. ..... requires to be noted that there is no written contract or rent note between the parties. ..... it could well be that the payment or deposit could be made by the tenant reserving his right to challenge the amount claimed by ..... well be that the payment or deposit could be made under protest. ..... throughout the deposition of the plaintiff as also the defendant-tenant, it is found that the defendant has not only treated, but has accepted the plaintiff as the ..... for the tenant sought to substantiate this submission from the deposition of the defendant. .....

Executive Engineer Vs. Shankarbhai Jivabhai Patel

Court : Gujarat

Reported in : [2006(111)FLR164]

..... under section 2(oo)(bb);(iii) that the provisions of section 2(oo)(bb) are not to be interpreted in the manner which may stifle the main provision;(iv) that if the workman continues in service, the non-renewal of the contract can be deemed as mala fide and it may amount to be a fraud on statute;(v) that there would be wrong presumption of non applicability of section 2(oo)(bb) where the work is of continuous nature and there ..... decide the point that if the termination of service of a workman by non-renewal of the term of contract of employment or under a stipulation contained in the contract of employment in that behalf will not amount to `retrenchment' in view of the provisions of sub-clause 2(bb), it would enable unscrupulous employers always to provide a fixed term or stipulation in the contract of service for terminating the employment of employees to escape the rigor of section 25f or section 25n ..... to enable an employer to resort to the policy of `hire and fire' and give unguided power to him to renew or not to renew the contract irrespective of the circumstances in which it was entered into or the nature and extent of work for which he was employed. ..... the labour court has at page 11, rightly raised the question that such type of periodical appointments on contract basis are without any justification from the employer who is a public body and the same has created some doubt namely of denial of legal rights ..... the labour court considered the deposition of workman and the fact that .....

Dattu Nathu Kudekar and anr. Vs. the National Insurance Company and or ...

Court : Gujarat

Reported in : II(1991)ACC8; 1991ACJ743; AIR1991Guj126; (1991)1GLR534

..... employees (other than the driver), not exceeding six in number, being carried in the vehicle;(b) where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment (i) in respect of persons other than passengers carried for hire or reward, a limit of fifty thousand rupees in all;(ii) in respect of passengers, a limit of fifteen thousand rupees for each individual passenger; (c) save ..... act, 1923, the company shall not be liable in respect of death of or bodily injury to any person (other than a passenger carried by reason of or in pursuance of a contract of employment) being carried in or upon or entering or mounting or alighting from the motor vehicle at the time of the occurrence of the event out of which any claim arises.'33 ..... for insurance against third tickets in the vehicle, or (ii) except where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, to cover liability in respect of the death of or bodily injury to persons being carried in or upon or entering or mounting or alighting from the vehicle at the time of the ..... opens with the following preamble:whereas the insured by a proposal and declaration, dated as stated in the schedule which shall be the basis of this contract and is deemed to be incorporated herein has applied to the company for the insurance hereinafter contained and has paid or agreed to pay the premium .....