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P. Prabhakar Reddy Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 1998(1)ALD124

..... it would not be in fitness of things to interfere with the termination and forfeiture, primarily, because the allegations made by the contractor were of the nature of wrongful breach of contract allegedly committed by the respondents, which allegations involve adjudication of many disputed questions of facts including the pre-dominant question whether the site in fact was not made available in time and whether the interim order in writ petition no.7455/92 at all came in the way ..... a submission was also made on behalf of the petitioner that the action in terminating the contract and forfeiting the earnest money deposit warranted a judicial review having regard to the fact dial the departmental action was arbitrary and oppressive in ..... the fate of this writ petition hangs on the question whether the termination of contract and forfeiture of earnest money deposit by the respondents could be looked into and decided by the high court in exercise of its writ jurisdiction under article 226 of the constitution of ..... controversy pre-dominantly involves adjudication of a disputed question of fact, and therefore, in my opinion, judicial review of the act or omission resulting into alleged wrongful breach of contract is unwarranted and consequently the invocation of the principle laid down by the supreme court in the above case could also not be pressed into service for the purpose of judicial review of the alleged wrongful termination of contract and forfeitureof the earnest money deposit. .....

Master Marine Services Pvt. Ltd. Vs. Metcalfe and Hodgkinson Pvt. Ltd. ...

Court : Supreme Court of India

Reported in : AIR2005SC2299; 2005(5)ALLMR(SC)657; II(2005)BC574(SC); 2005(2)CTLJ48(SC); 119(2005)DLT139(SC); JT2005(4)SC408; (2005)6SCC138

..... commercial considerations are concerned, it is the specific case of the concor, which has not been disputed by the first respondent, that ninety eight per cent of the work under the contract is of data entry of a container, for which the appellant had quoted rs.3.00 against rs.3.75 as quoted by the first respondent and for this kind of work no license under irda ..... for the appellant has submitted that the only ground on which the high court has set aside the award of contract to the appellant is that it does not possess a license to act as surveyor/loss assessor under the ..... the only ground on which the high court has quashed the decision of concor awarding the contract to the appellant is that there was no license to act as surveyor/loss assessor under the insurance act, 1938 in favour of ..... : air1996sc51 it was held as under :'while exercising the power of judicial review, in respect of contracts entered into on behalf of the state, the court is concerned primarily as to whether there has been any ..... applied in judicial review of administrative decisions, especially those relating to acceptance of tender and award of contract, have been considered in great detail by a three judge bench in tata cellular v. ..... the first part consisting of 'pre-qualification bid' required submission of documents to show proof of experience, deposit of earnest money, constitution of the firm/company, turn over for past three years, proof in support of having employed at least 20 persons including iicl .....

National Textile Corpn. Ltd. and ors. Vs. Haribox Swalram and ors.

Court : Supreme Court of India

Reported in : AIR2004SC1998; 2004(5)ALD120(SC); III(2004)BC494; 98(2004)CLT137(SC); JT2004(4)SC508; 2004(4)SCALE227; (2004)9SCC786

..... a reasonable opportunity of hearing to the parties concerned, the textile mills called upon the writ petitioners to verify the pre-take over contracts and joint meetings took place for the said purpose and the matter was referred back to the officer on special ..... the appellants sent a reply on 7.11.1994 stating that (1) all the outstanding contracts had been cancelled on the date of take over as they were not binding upon them; (2) the deposits that were made with the erstwhile management were not specifically marked towards any of invoice of packed material and as such could not be adjusted against any future delivery and ..... the writ petitioners will have to claim this amount from the erstwhile management since the custodian is prohibited from discharging any liability pertaining to pre-take over period; and (3) there ..... regular suit, further the same being concerned with very many disputed questions of facts, this application to by pass the said usual procedure of suit is not maintainable and ought to be dismissed on that ground.b) the contract in question admittedly having been entered into at bombay, with companies situate at bombay, relating to goods to be delivered from bombay and the payment in respect thereof were required to be made at bombay and some part .....

Thanjavur Municipality Represented by Its Commissioner Vs. R. Swaminat ...

Court : Chennai

Reported in : AIR2005Mad49; 2006(1)CTLJ375(Mad); (2004)3MLJ490

..... part of the plaintiff either to malign him or to boost any other auction participant, no other defence could be put up on his part to rescind with the commitments made or the contract entered into and once the bidding is over, the right solely vests with the plaintiff either to confirm the auction within a reasonable time or to cancel the same for which the plaintiff ..... ; that the conditions are invalid since being oppressive, unjust and one-sided; that clause 16 cannot be invoked in the circumstances of the case; that there was no concluded contract and hence on such grounds, pleading that the defendant was not liable to pay the said amount claimed nor is the plaintiff entitled to the same, the defendant would pray ..... part of the defendant nor the same could be taken up for consideration and answered in the manner done by the lower court, since in the case in hand, the contract becomes concluded the moment parties become the successful bidders in the auction held and therefore on the part of the lower court, the conclusions arrived at are absolutely bereft of any ..... plaintiff municipality on failure of the defendant in complying with the auction conditions found in ex.a.1 dated 22.1.1982 and having agreed to abide by all the pre-conditions imposed therein and having participated in the auction bidding and having paid the earnest deposit amount of rs.1,000/= as per ex.a.2 dated 17.3.1982 and further having participated in the actual bidding of the right to reap the grass for the .....

The Manager Canara Bank Ootacamund Branch Nilgiris and Others Vs. the ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

..... when the bank has not committed any deficiency in service whereas when the bank has acted according to the rules and regulations and appropriated the proceeds of fixed deposit, pre-closing the same, when the borrower has committed default, this cannot be termed as negligent act or hurried act, that too when the borrower had committed default for ..... there was balance in principal and interest which comes to rs.18310/-, that during the grant of loan the 2nd complainant handed over the deposit receipt for due repayment of the said loan, that in view of the default committed by the borrower, the fixed deposit was pre-matured and the proceed was credited towards the loan amount, in which act there is neither deficiency in service nor any illegal act ..... commencing from 10.4.2001 to 23.9.2002, that despite the above fact, for the alleged arrears, the appellants / opposite parties preclosed the fixed deposit and appropriated the proceeds towards the loan illegally, which amounts to not only deficiency in service but also illegal and against the terms of contract and because of the above conduct of the bank, he suffered the maturity value as well as business loss, which should be compensated. ..... say so the 2nd complainant having agreed to repay the business loan, failed to do so and therefore the bank is entitled to appropriate the deposit amount even preclosing the security given to them as rightly submitted by the learned counsel for the appellant, invoking sec.171 of indian contract act. .....

Chief Engineer (irr.), Pwd Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2000)LC193Tri(Chennai)

..... superintendent had referred to the work carried out by individual contractors in his correspondence in 1989 and had required the appellants to give further details.appellants had furnished details of each of the contracts/agreement entered into and clearances made during the year 1989-90 and hence the show cause notice issued in respect of goods after a lapse of several years is clearly barred by time when ..... and superintendent of central excise, chingleput had by his letter dated 22-2-1988 referred to the contractors by name who had taken-up the work of manufacture of cement blocks and slabs in terms of contracts entered into between the republic of india and the european economic community (ecc) for aiding a project called "modernisation of lank irrigation systems in tamil nadu. ..... on a careful consideration of the submissions and on perusal of the records, we notice that the appellants were awarded with a contract by the republic of india and the european community of india (ecc) for aiding a project called "modernisation of tank irrigation systems in tamil nadu" ..... he submits that on this ground the tribunal had allowed similar appeals of tamil nadu electricity board as details of contracts had been scrutinized and examined and it had been clearly laid down by the tribunal that demands cannot be confirmed on the tneb as manufacturer and ..... and hence by applying the ratio thereof, we grant waiver of pre-deposit of the amounts and stay its recovery by allowing the stay applications .....

Abb Ltd. Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2008)12STJ413CESTAT(Bang.)alore

..... the appellants have deposited the entire service tax and seeking waiver of pre-deposit of penalty amount.the appellants are engaged in the manufacture of various electrical equipments. ..... she submits that as there were separate amounts raised by revenue for the different activities with separate contracts, therefore, the confirmation of service tax is justified.6. ..... the learned sdr opposes the prayer and submits that the appellants should pre-deposit penalty also in the matter. ..... the appellants took the stand that the period in question is prior to 1.6.2007 for which period there is no vivisection of contract and service tax was not leviable.4. ..... in view of the matter having been referred to larger bench, the stay application is allowed granting waiver of pre-deposit and staying its recovery. ..... he submits that later two decision cited supra have decided the issue on merits.he submits that as they have already deposited the service tax, therefore, waiver of penalty be granted.5. ..... hence, the stay application is allowed granting waiver of pre-deposit of penalty amount. ..... 344/2007, the appellant is required to pre-deposit service tax of rs. ..... the appellants are required to pre-deposit service tax of rs. ..... they have already deposited the service tax amount.7. .....

Oriental Insurance Co. Ltd. Vs. Umesh Nath and anr.

Court : Guwahati

..... award, prefer an appeal to the high court: provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the high court unless he has deposited with it twenty-five thousand rupees or fifty per cent of the amount so awarded, whichever is less, in the manner directed by the high court:provided further that the high court may entertain the appeal ..... word 'employer', appearing in the third proviso to section 30, shall include 'insurer' meaning thereby that for an appeal preferred by an 'insurer' to be maintainable, whether the 'insurer' too shall, same as the 'employer', deposit with the commissioner, before the appeal is preferred, the amount payable under the order appealed against and memorandum of appeal preferred before the high court has to be accompanied by a certificate issued by the commissioner under ..... . act may not be statutorily and/or under the terms of the contract of the parties concerned, a liability of the 'insurer', it will be unfair to impose, contrary to the legislative intent, a liability on the 'insurer' to deposit the compensation amount, though it may not be statutorily and/or contractually ..... hence, 'insurer' steps into the shoes of the 'employer' and the liability to make pre-deposit imposed on 'employer' also binds the 'insurer' and the same liability continues even in appeals ..... claimant(s) from order of the commissioner cannot be kept in jeopardy by allowing the 'insurer' not to make the pre-deposit. .....

V.S.N. Benarji, Engineers and Contractors Vs. State of Andhra Pradesh ...

Court : Andhra Pradesh

Reported in : AIR1998AP29

..... the tender document, which are at pages 12 to21 of the material papers.he urges that deleting of item-c from package-i which is now allotted to the 3rd respondent, is illegal for deletion pre-supposes that the deleting could be done only after the contract is allotted, completed or concluded and there is no right vested in the 2nd respondent to split the package and either the entire package which consists of three items, should be accepted or ..... in the view which i have taken, in analysing and interpreting conditions-20 and 38 of the tender document and the facts of the instant case, the decisions and the guidelines of the apex court in awarding the contracts as indicated above, it cannot be said that the process of deleting item-c of package-i and awarding it to the 3rd respondent, suffers from any illegality, arbitrariness, irrationality, unfairness or procedural impropriety and not in public interest, ..... ali, learned counsel appearing for the 3rd respondent while reiterating the averments of the 2nd respondent and relying on conditions 38 and 39 at page 19 of the tender document, submits that with regard to award of the contract in respect of item-c in package-i to the 3rd respondent there is no illegality or the question of voilation of principles of natural justice, for the tender of the 3rd respondent was the lowest and the 2nd respondent ..... appearing for the petitioner submits that the tender notification was for each package and the earnest money deposit was for each package. .....

State of Orissa Vs. Minerals and Metals Trading Corporation of India L ...

Court : Supreme Court of India

Reported in : JT1994(4)SC628; 1994(3)SCALE371; 1994Supp(3)SCC109; [1994]Supp1SCR762; [1994]95STC80(SC)

..... for transportation, put of the country, to the destination of the foreign buyer, to satisfy the requirements of the pre-existing contract, the delivery of the goods at the paradeep port was thus in ..... :.with all its grammatical variations and cognate expressions, any transfer of property in goods for cash or deferred payment or other valuable consideration, including a transfer of property in goods involved in the execution of contract but does not include a mortgage, hypothecation, charge or pledge and the words 'buy' and 'purchase' shall be construed accordingly; explanation : (a) a sale or purchase of goods shall be deemed to ..... for re-sale within the state of orissa but also concealed the fact that there was a pre-existing contract between the assessee and the japanese buyers to satisfy which the mineral ores were being purchase ..... respondent that the assessee by the deposit of the mineral, ores at paradeep port made a 'sale' to the foreign buyer at the port is fallacious and overlooks the fact that the purchase had been made by the assessee from the registered dealers, to satisfy his pre-existing contract with the japanese buyer and the goods were deposited or believed at paradeep port ..... sold the mineral ores in the course of export to the japanese buyers with whom the assessee had pre-existing export contracts. .....