Judgment Search Results Home > Cases Phrase: deposit pre contract Page 11 of about 69,462 results (0.086 seconds)

M/S. Sesiah and Sons Rep. by Its Partner S. Bennet Vs. the Chairman, T ...

Court : Chennai

Reported in : 1998(1)CTC412; (1998)IIIMLJ485

..... , payment of security deposit is a pre-condition for signing the agreement and due to the aforesaid breach of condition, the written agreement had not been entered into between the petitioner and the board in the standard form on non- judicial stamp paper of rs.10, which resulted in the contract not being completed. ..... is also contended that the acceptance of the tender would have completed only on the execution of the agreement and after paying the security deposit and in the absence of compliance of these conditions, the petitioner is not entitled to any relief and sought for dismissal of the ..... non-compliance in not depositing the security deposit within the stipulated time is a non-essential element in the contract, is supported by a decision of the bombay high ..... over the possession of the site and accepting the belated payment, when time was still there to execute the agreement, assigning such grounds referred above subsequently, the cancellation of the contract by the respondents amounts to exercising the power or discretion arbitrarily, that too, by a non-speaking order. ..... the respondents have referred to clause 10.2 and clause 10.3 of the conditions pertaining to construction and tender contracts which are clearly indicative of the rights and powers vested with the board to have its own unilateral decision in the interest of the board for ..... whereas, the security deposit is retained as security for the due fulfilment of the contract and bears no interest and is liable to be .....

National Project Construction Corpn. Ltd. Vs. M/S. Jyoti Sarup Mittal ...

Court : Delhi

..... , even though clauses 9.1, 9.2 required the appellant to refund the security deposit at pre-designated points in time; clause 9.3 specifically excluded the payment of interest on security deposit furnished/ recovered from the contractor. ..... counsel for the appellant submitted that no notice had been issued but, in view of the provisions of clause 14(7) of the general conditions of the contract (gcc), the engineer-in-charge had the discretion to issue a notice and, therefore, non-issuance of notice could not be held against the appellant ..... such compensation for escalation in price shall be available only for work done during the stipulated period of the contract including such period for which the contractors validity extended under the provisions of clause 12.4 of the contract without any action under clause 29 and also subject to the condition that no such compensation shall be payable for a work for which the stipulated period of completion is 6 months ..... according to the respondent in the 33rd running account bill the gross value of the works executed under the contract was a sum of rs 2,25,65,057/-, whereas the appellant passed the 34th and the final bill for a gross amount of ..... come to a definitive conclusion that the respondent ought to have been given an extension of nearly sixteen (16) months and three (3) days; however, keeping in mind that the total delay in the execution of the contract was thirteen (13) months and ten (10) days the extension was limited to the said period. .....

M/S Entrepreneurs Co-op Grouphousing Society Ltd. Vs. M/S Schindler In ...

Court : Delhi

..... the money will generally be recoverable by the purchaser either because the right of the vendor to retain the prepayment is conditional upon completion of the contract so that, when completion does not take place as a result of the discharge of the contract, the condition upon which the vendor retains the money fails with the result that the money is recoverable by the purchaser or on the ground that ..... dated 30 th july, 2003 (proved as ex.p-5) to the plaintiff in response to the letters dated 1 st may, 2003 and 27th may, 2003 informed that the validity of the contract had expired and the price of lifts had escalated substantially since december, 1999 and it was not possible for the defendant to execute the ..... the lifts; (iv) that the defendant vide letter dated 30th july, 2003 notified the plaintiff that the validity of the contract had expired and the price of the lifts had escalated since december, 1999 and it was not possible for the defendant to execute the contract at the agreed prices and further notified the plaintiff that the revised price of the lifts was to be rs.10,79,000 ..... payment designated as deposit and one designated as part payment and it was held that a deposit, in the event of the contract being performed, goes in diminution of the purchase price, and in the interval between contract and completion operates as an earnest or guarantee that the contract shall be performed ..... any ground to interfere with the claim at the said rate for the pre-suit institution period. .....

Indian Railway Catering and Tourism Corporation Ltd vs.m/s Ambuj Hotel ...

Court : Delhi

..... to make any substitute arrangement it may deem necessary at the cost and risk of the licensee or to forthwith terminate this agreement without any previous notice to the licensee and in case of such termination the security deposit be forfeited by the irctc and the licensee shall have no claim what so ever against irctc or any of the officials in consequence of such termination of proportionate concession fee shall be 'admissible in ease of termination under this ..... of any terms and conditions of the license - in the event of any breach of the said terms conditions of the license, the irctc shall be entitled to forfeit the whole or the part of the security deposit/license fee/concession fee besides terminating or revoking the license and debarring the licensee from participating in the future projects of irctc. ..... issue of refund of security deposit of rs.3.00 lakh under clause 4.1 of the contract and concession fee forming part of clause 4.2 (first two installments having been paid) are liable to be examined in fresh ..... since for six months period of time undisputedly the petitioner ran the services (contract commenced on 22.2.2002 and was terminated on 2.8.2002), this amount cannot be claimed back by ..... (4) in some contracts, it would be impossible for the court to assess the compensation arising from breach and if the compensation contemplated is not by way of penalty or unreasonable, court can award the same if it is genuine pre-estimate by the parties as the measure of reasonable .....

Aditya Cement Ltd. Vs. Commissioner of Central Excise,

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2002)(140)ELT501TriDel

..... shri rajiv tandon, learned sdr opposes the request and submits that a look at the contract at page 29 of the paper book shows that the applicant had placed purchase order for supply of dg set with common auxiliary. ..... along with the appeal the applicant has filed a stay petition for waiver of pre-deposit of duty and penalty and staying recovery thereof.2. ..... in reply the counsel submitted as the applicant stated that stipulation in the contract was that engine, alternator and other parts constitute dg set were to be delivered at the applicant's factory premises and since the goods were received in the factory premises of the applicant the applicant was fully ..... learned counsel prays that pre-deposit may be waived and recovery thereof may be stayed.3. ..... in the circumstances, we waive the pre-deposit of duty and penalty. ..... he, therefore, prays that applicant was not entitled to take modvat credit and therefore, should be directed to deposit the entire amount of duty, penalty and interest.4. ..... in the contract the subject matter was indicated 'supply of one number dg set with common auxiliaries for the cement plant'. .....

Anand Tissues Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... in view of the above terms and conditions of the contract, which are different from the case law relied upon by the applicant, therefore, we find it is not a fit case for waiver of pre-deposit amount of service tax. ..... the applicants are directed to deposit the remaining amount of service tax as confirmed by the lower authorities within a period of six weeks, on deposit of the above-mentioned amount, the pre-deposit of whole of amount of penalty is waived for hearing of the appeal. ..... the applicant filed this application for waiver of pre-deposit of service tax of rs. ..... the contention of the revenue is that as per contract between the applicant and m/s. ..... the applicant also pointed out that he has already deposited the amount of rs. .....

Food Corpn. of India and Ors Vs. Deepak Kumar Singh

Court : Jharkhand

..... trial court held that the plaintiff had violated the terms and conditions of the contract causing loss and damage to the defendants with regard to the work left over ..... legally due in favour of the plaintiff' for the work executed were duly adjusted by the railways after breach of the contract on their part and engagement of a new contractor by the fci to get the work executed. 24. ..... plaintiff left the work of loading and transportation of work during the subsistence of the contract as a result thereof, the defendants had to appoint another contractor to complete the incomplete ..... which he was informed through letter dated 23rd december, 1980 to deposit within 30 days, failing which, it would be deducted or adjusted from his outstanding bills and security deposits as per the contract. ..... the cause of action for compensation for breach of any contract, express or implied arise when the contract is broken or where there are successive breaches, when the breach in respect of which the suit is instituted occurs or where the breach is continuing, ..... plaintiff had left the work during the subsistence of the regular contract which entailed heavy loss and expenses upon which they are entitled to realize all the ..... from the evidence on record that the plaintiff had failed to adduce any evidence in relation to the payments made under the minimum wages act and also not deposited no demand certificate for refund of the amount of security deposits which is a pre condition as per the evidence of p.ws. .....

Food Corporation of India and anr. Vs. Sujit Roy

Court : Guwahati

..... . the liability for forfeiture of the earnest money of the tenderer arose not out of a contract between the tenderer and the acceptor on acceptance of his tender but on account of a pre-contract understanding between the tenderer and the acceptor that the offer submitted by the tenderer would not be withdrawn or modified in any manner during the period within which the acceptor was to ..... in the aforesaid clause 4 of the tender documents that the tender documents have been made available to him and he is being permitted to tender in consideration of the aforesaid stipulation that the earnest money deposited by him would be liable for forfeiture if he resiles from or modifies his offer and/or the terms and conditions thereof in any manner after submitting the same ..... liable to be forfeited in the event of the tenderers failure, after the acceptance of his tender, to furnish the requisite security deposit by the due date without prejudice to any other lights and remedies of corporation under the contract of law ..... only provided that in case the tenderer exercised his aforesaid right to resile from or modify his offer and/or the terms and conditions of his offer in any manner, the earnest money deposited by him was liable to be forfeited ..... returned to all unsuccessful tenderers, as soon as practicable after decision on tenders and to a successful tenderer, after he has furnished a security deposit, if the successful tenderer does not desire the same to be adjusted towards the security deposit .....

M/S. Industrial Credit and Development Syndicate Now Called I.C.D.S. L ...

Court : Supreme Court of India

Reported in : AIR1999SC1036; 1999(2)ALLMR(SC)434; [1999]96CompCas1(SC); JT1999(1)SC430; (1999)IIMLJ114(SC); 1999(1)SCALE393; (1999)3SCC80; [1999]1SCR555

..... the relevant portion of the amended rule reads as under:order xxi, rule 1 modes of paying money under decree -(1) all money, payable under a decree shall be paid as follows namely; (a) by deposit into the court whose duty it is to execute the decree, or sent to that court by postal money order or through a bank; or (b) out of court, to the decree holder by postal money order or through a bank or by any other ..... 60, if applied independently, cannot be held to be conferring any right upon the judgment debtor as it confers a discretion in favour of the creditor to apply such deposited amount to any lawful debt actually due and payable by the debtor when such debtor omits to intimate the discharge of the debt in the manner envisaged under section ..... mathai's case (supra) is misplaced inasmuch as in that case this court had followed the principles of law laid down in meghraj case (supra) and held:'the right of the decree-holder to appropriate the amount deposited by the judgment-debtor, either in court or paid outside, towards interest and other expenses is founded both on fairness and necessity. ..... facts and circumstances of that case this court observed thus:.but the account submitted by the mortgagees shows clearly that they had given credit for the amounts deposited towards the interest and costs in the first instance and the balance only towards the principal. ..... are of the opinion that sections 59 and 60, contract act, would be applicable only in pre decretal stage and not thereafter. .....

Siddheshwar Sahakari Sakhar Karkhana Ltd. Vs. C.i.T., Kolhapur and ors ...

Court : Supreme Court of India

Reported in : (2004)191CTR(SC)66; [2004]270ITR1(SC); JT2004(7)SC295; 2004(7)SCALE519; (2004)12SCC1

..... in words and phrases (permanent edition, volume-39a) , the distinction between the special deposit and the general deposit and the concept of a specific deposit is clarified as follows: -'the distinction between a 'special deposit' and a 'general deposit' is generally held to be that the subject of a 'general deposit' is mingled with the general assets of the depository, whose property it becomes, and its separate identity is lost, and the relation between the bank and the depositor is that of debtor and creditor ..... senior counsel for the appellant-assessee contended that the high court fell into error in overlooking certain important aspects of the case and laying undue stress on the fact that the amount treated as deposit is deducted from the price payable to the cane growers as part of the trading operations and, therefore, it was in the nature of trading receipt. ..... ' it is contended by the learned counsel appearing for the revenue that the board of directors may very well refuse to convert the deposits into shares in exercise of its discretion on the ostensible ground that the financial position of the society does not permit such conversion. ..... it has been pointed out that the member had no option but to agree for deduction on pre-ordained terms and there, could not be in law a contract creating deposit. ..... there is no separate contract of fixed deposits between the society and the members and no separate fund came to be created as the sums were credited to the individual accounts. .....