Judgment Search Results Home > Cases Phrase: deposit pre contract Page 12 of about 69,462 results (0.130 seconds)

Siddheshwar Sahakari Sakhar Karkhana Ltd. Vs. Cit

Court : Supreme Court of India

Reported in : [2004]139TAXMAN434(SC)

..... the following passages occur :the deposits are classified as special deposits, general deposits and other deposits.special deposita special deposit is one in which the identical subject-matter deposited must be kept and redelivered, or applied to a particular purpose.general depositsa general deposit is one in which the identical subject-matter need not be returned and, as distinguished from a deposit for safe-keeping, this form of deposit has been termed a deposit for exchange, that is, ..... 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 ..... 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. ..... 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 .....

Sunrise Enterprises Vs. Union of India

Court : Delhi

Reported in : 2001VAD(Delhi)140; 2001(59)DRJ332; 2002(1)RAJ502

..... an administrative act and the contentious issues arising between the parties have to be decided by the arbitrator.6.according to the petitioner, the advance acceptance of tender amounted to a concluded contract, whereas according to the respondent it was to be followed by a formal acceptance of tender and the petitioner could not have started supply of towels without the formal acceptance of ..... of the contractor to make the required security deposit, constituted a breach of the contract itself and, thereforee, the security deposit was a condition subsequent and not a condition ..... that under section 7 of the contract act, the acceptance of the offer must be absolute and unqualified, but the reading of the letter as a whole amounted to an absolute and unqualified acceptance of the offer or tender made by the contractor and it was not intended to make a substantial variation in the contract by making the deposit of the security a condition precedent instead ..... contract to be voidable, as according to them the petitioner was not registered with dgqa/nsic under the single point registration scheme and had not deposited the security amount which was a pre ..... arbitration clause:-'in the event of any question, dispute or difference arising under conditions or any special conditions of contract, or in connection with this contract (except as to any matters the decision of which is specially provided for by these or the special conditions), the same shall be referred to the sole arbitration of .....

Deluxe Estates (P) Ltd. Vs. Delhi Development Authority

Court : Delhi

Reported in : 2003VIAD(Delhi)181; 105(2003)DLT829; 2003(70)DRJ274

..... time.vii) exhibit d-7 is the final notice dated 11.2.1982 asking the plaintiff company to deposit the balance amount within seven days.viii) exhibit d-8 is the letter dated 15.2.1982 from ..... defendant to plaintiff company asking the plaintiff company to deposit the balance amount up to 15.3.1982 along with interest @ 18% per annum from due date till ..... earnest money and also having obtained extension of time to deposit the remaining balance, it was no more open to ..... depositing the remaining balance will come up with one plea or the other for revocation of the concluded contract ..... company was required to deposit the balance amount ..... contract ..... contract ..... deposit the remaining balance inspire of the liberalness shown by the defendant in extending the time to deposit the same though it was specifically provided in terms of the bid that in case the remaining balance was not deposited ..... and his deposition apart from ..... contract act, and 25% of the bid price cannot by any standards be deemed to be a genuine ..... deposit ..... future deposits and requesting dda to allow him to deposit the ..... deposit ..... deposited by the plaintiff on his own and again it was in view of this deposit that the plaintiff was given the extension to deposit ..... deposit ..... deposit ..... deposit the balance amount within 15 days of the acceptance of the bid and letter dated 2.1.82 was issued to the plaintiff company asking it to deposit ..... deposit ..... deposit ..... contract ..... deposit the ..... deposited ..... deposited ..... deposited ..... deposited ..... deposited ..... deposited ..... deposit ..... contracts ..... deposit ..... deposit .....

Rajesh Kumar Menghani Vs. Chief Urban Planner Pd Cell

Court : Delhi

Reported in : 2008(3)ARBLR557(Delhi)

..... the respondent put an end to the contract in october 2004 and it had forfeited the security deposit, having forfeited the security deposit, in my view, the respondent is not entitled to ..... was argued was in the nature of penalty and that respondent ought not to have been allowed to forfeit the security deposit on the basis of the clause per-se unless and until the respondent had proved the actual loss caused to it. ..... it is true that the arbitrator has not given elaborate reasons as to how the forfeiture of the security deposit was sufficient to compensate the respondent vis--vis the counter claims but if he has not done so, he was ..... that the supreme court in the case of maula bux (supra) has held that where there is a stipulation in the nature of penalty for forfeiture of an amount deposited pursuant to the terms of contract which expressly provides for forfeiture, the court has jurisdiction to award such sum only as it considers reasonable but not exceeding the amount specified in the contract as liable to forfeiture. ..... the relevant clause of the agreement which empowered the respondent to forfeit the security deposit reads as under:if the licensee fails to pay license fee in time for any month, the license shall stand cancelled subject ..... by learned counsel for the appellant that the arbitrator justified the forfeiture of the security deposit by the respondent for no other reason except on the basis of clause 4 of ..... under utilization of staff due to pre-matured closure of contract rs. .....

Centre Point Welfare Association Vs. Nita International

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 .....

Chetanram Ramgopal Vs. Chief Engineer, Pwd, Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1999Raj315; 2000(1)WLC137; 1999(1)WLN355

..... the petitioner an unemployed graduate felt aggrieved by the conditions of auction sale, especially condition about cash deposit of 50% of the bid amount immediately and full payment of bid amount before contract could be given, he could not get any relief by filing writ petition under article 226 ..... learned counsel appearing for the petitioner contended that the case of petitioner is, governed by the provisions of section 5 of the act, which specifically provides that proposer of a contract cannot bind himself to keep his offer open for any definite time and that any words of promise to that effect can operate only for the benefit of the proposer and ..... it was also contended that section 5 of the act is not applicable when special condition is imposed under the contract and thus, the petitioner has no right to revoke the proposal and as such, the forfeiture of earnest money ..... the basis of affidavits is not in a position to conclude that there was no consideration and no contract other than the one which was to come into existence on the basis of tenders considered by the respondents ..... so where the highest bidder in an auction sale of a liquor shop did not deposit one-sixth of the purchase price within seven days of the auction whereupon the resale was ordered without the bid having been confirmed by the chief commissioner then the essential pre-requisites of a completed sale being missing no liability could be imposed on the auction-purchaser for payment of the deficiency in the price .....

Prime Promotors Pvt. Ltd. Vs. Aroop Kumar Chatterjee and ors.

Court : Kolkata

Reported in : AIR1999Cal186

..... place to point out that in the facts of the above case, the high court was the court of first instance which passed a conditional order directing the appellant to deposit the court-fee on the amended relief in the suit within a stipulated time failing which the appeal would stand dismissed, and notwithstanding such fact the hon'ble supreme court was ..... the opposite parties it has been accepted that had not the decree been a conditional decree, providing for dismissal of the suit in the event the plaintiff/petitioner failing to deposit the balance consideration within the time fixed under the decree, the court below would have had jurisdiction under section 148 of the code of civil procedure and section 28(1) ..... since the power to extend the time for depositing the consideration in a suit for specific performance of contract was incorporated in the act itself, the court passing the decree was sufficiently vested with powers to extend the time for making such deposit and the learned court below committed an error ..... dasgupta submitted that if the decree contained a stipulation that the suit would stand dismissed in the event the balance consideration money was not deposited or paid within the time fixed under the decree, the provisions of section 28(1) of the aforesaid act would also have no application as the court becomes ..... pre-conditions for a decree in a suit for specific performance of contract is the readiness and willingness of the plaintiff to perform his part of the contract. .....

A.N.Arunachalam Vs. T.Sivaprakasam and anr.

Court : Chennai

..... for the appellant/plaintiff submitted that since ex.a-1 sale agreement is a true and genuine document, the plaintiff averred in the plaint that he was always ready and willing to perform his part of the contract and also let in evidence; but the trial court picked up some sentences from the evidence of p.w.1/plaintiff and came to the conclusion that the appellant-plaintiff was not ready and willing to perform his ..... ) and (iv) : in view of the answer given to points (i) and (ii) as above, holding that ex.a-1 is a sale agreement and the appellant/plaintiff was always ready and willing to perform his part of the contract and the respondents/defendants neither disputed the readiness and willingness, nor disputed the financial status of the appellant/plaintiff; but however, the appellant/plaintiff proved that he was always ready and willing to ..... performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than terms the performance of which has been prevented or waived by the defendant.explanation: for the purpose of clause (c)--(i) where a contract involves the payment of money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in court any money except when so directed by the court;(ii) the plaintiff must aver ..... contended firstly by the learned counsel appearing for the appellant/plaintiff is that non-issuance of pre-suit notice within the stipulated time, is not fatal. .....

Union of India Vs. M/S. Sun Media Services

Court : Mumbai

..... another aspect is that the respondent himself by letter dated 1 june 2004 made the representation to the petitioner that apart from other background the reason for not depositing the second quarterly payment and that there was no buyers for the advertisement space and therefore, could not display advertisement till date and lastly submitted as under ..... arctic india & as under:- anr.1 "48 the submission, therefore, so raised by the learned counsel based upon sections 7, 8 and 32 of the indian contract act, 1872 revolving around the principle of concluded contract or accepted with material alteration by the second party are of no assistance in view of the facts and circumstances of the case itself, specially when admittedly ..... is accepted that for want of execution of the contract, there exists no agreement/contract between the parties, in that case also, the petitioner is not at all entitled to retain the amount of ` 8 lacs which was admittedly deposited by the respondent. ..... until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding contract between us subject to modification as may be mutually agreed to between railway administration and licensee in terms of the form of agreement attached herewith and indicated ..... changed and the rates have substantially reduced and, therefore, we are of the view that the interest awarded by the arbitrator at 18% for the pre-arbitration period, for the pendente lite period and future interest be reduced to 9%. .....

Present: Mr. Atul Gaur Advocate for Vs. Chander Shekhar and Another

Court : Punjab and Haryana

..... from the concerned agency relating to the contract, which was alleged to have been completed by him, along with the pre-receipted stamp, but in the instant case the plaintiff has neither submitted the no objection certificate . ..... simply because claim of the appellants is pending adjudication before some forum, plaintiff cannot be deemed to be a defaulter and no such clause of the contract, as argued, can be invoked against him to appropriate the tender security. ..... further it was found by the courts below that there was no dispute with regard to the amount deposited and it was not the case of the appellants that the plaintiff had not completed the work as per the tender/contract. ..... as per the terms and conditions of the agreement, the appellants are well within their rights to appropriate the tender security against any amount found to be due against the plaintiff arising out of any other contract with the appellant-corporation. ..... (oral) plaintiff-girdhari lal filed the instant suit seeking recovery of a sum of `3,21,850 along with future interest from the date of institution till its realization stating that the amount in question was deposited with the defendant-appellants as tender security and the same was liable to be refunded on completion of the contract/tender. ..... and pre-receipted stamp was without any basis. ..... nor pre-receipted stamp and without these documents the defendant-appellants were unable to release the alleged amount. .....