Court : Delhi
..... rightly dropped by the railway claim tribunal from the array of the parties or not; submission being that the question as to whether the defendant was a railway administration within the meaning of section 2 (32) of the said act has not been considered by the delhi bench and the dismissal of the appeal by the supreme court was also on the same premise; the question whether the defendant was a railway administration had not ..... the railway commercial manual (the text of which has been quoted supra) shows that the railway board (admittedly under the ministry of railways) has authorized concor to issue inland way bill (iwb) in lieu of railway receipts and to accept all charges directly from the customers; obviously directions have been given by the ministry of railways to the defendant as the defendant has taken over ..... clause 1476 (b) reads as under the railway board have authorized concor to issue concor inland way bill (iwb) in lieu of railway receipt and also to quote and collect all charges directly from the ..... concor), a government of india undertaking under the ministry of railways has taken over the management and operation of iso container services including terminal activities at the inland container depots earlier owned and managed by the indian railways. ..... category i includes all existing or future inland container depots including those serving at j.n ..... said consignment/cargo was entrusted to defendant no.1 on 07.04.2010 at its inland container depot (icd) at tughlakabad, delhi. .....
Tag this Judgment!Court : Delhi
..... the obligation of article 14 of the constitution and thereafter permitting it to cast off its garb of state to adorn the new robe of a private body during the subsistence of the contract enabling it to act arbitrarily subject only to the contractual obligations and remedies flowing from it. it is really the nature of its personality as state which is significant and must characterize all its actions, in whatever field, and not ..... us we do not have any doubt that the new delhi municipal committee was never put on notice of any action proposed to be taken under section 238 of the punjab municipal act and no opportunity was given to the municipal committee to explain any fact or circumstance on the basis that action was proposed ..... it is shown that the impugned state action is arbitrary and, therefore, violative of article 14 of the constitution, there can be no impediment in striking down the impugned act irrespective of the question whether an additional right, contractual or statutory, if any, is also available to the aggrieved persons.24. ..... however, to the extent, challenge is made on the ground of violation of article 14 by alleging that the impugned act is arbitrary, unfair or unreasonable, the fact that the dispute also falls within the domain of contractual obligations would not relieve the state of its ..... the validity of rule 9(i) of the central inland water transport corporation limited service discipline and ..... court in the case of central inland water transport corpn .....
Tag this Judgment!Court : Delhi
..... however, rarely that contracts of the types to which the principle formulated by us above applies are induced by undue influence as defined by section 16(1) of the indian contract act, even though at times they are between parties one of whom holds a real or apparent authority over the other. ..... proceeds on the basis that such a clause rfa422017 page 49 of 58 denying interest is itself hit by section 23 of the contract act, 1872 and hence such a clause denying interest is void and therefore cannot be relied upon. 61. ..... the statutory provisions with regard to payment of interest are laid down in section 3 of the interest act, 1978, that provides that in any proceedings for the recovery of any debt or damages or in any proceedings in which a claim for interest in respect of any debt or damages already paid is made, the court may, if it ..... to do what the contract requires should be done; some more protracted space than 'directly'; such length of time as may fairly, and properly, and reasonably be allowed or required, having regard to the nature of the act or duty and to the attending circumstances; all these convey more or less the same idea. ..... of the letter of allotment provides for unilateral termination of distributorship without assigning any reason which is liable to be read down in the light of article 14 of the constitution of india as well as observations made by this court in central inland water transport corpn. ..... in central inland water transport corporation limited and anr .....
Tag this Judgment!Court : Delhi
..... rarely that contracts of the types to which the principle formulated by us above applies are induced by undue influence as defined by section 16(1) of the indian contract act, even though at times they are between reasonable apprehension that rfa432017 page 30 of 58 parties one of whom holds a real or apparent authority over the other. ..... on the basis that such a clause denying interest is itself hit by section 23 of the contract act, 1872 and hence such a clause denying interest is void and therefore cannot be relied upon. 63 ..... the statutory provisions with regard to payment of interest are laid down in section 3 of the interest act, 1978, that provides that in any proceedings for the rfa432017 page 47 of 58 recovery of any debt or damages or in any proceedings in which a claim for interest in respect of any debt or damages already paid is made, the court ..... do what the contract requires should be done; some more protracted space than 'directly'; such length of time as may fairly, and properly, and reasonably be allowed or required, having regard to the nature of the act or duty and to the attending circumstances; all these convey more or less the same idea. ..... letter of allotment provides for unilateral termination of distributorship without assigning any reason which is liable to be read down in the light of article 14 of the constitution of india as well as observations made by this court in central inland water transport corpn. ..... in central inland water transport corporation limited .....
Tag this Judgment!Court : Delhi
..... that contracts of the types to which the principle formulated by us above applies are induced by undue influence as defined by section 16(1) of the indian contract act, even though at times they are between parties one of whom holds a real or apparent authority over the other. ..... what the contract requires should be done; some more protracted space than 'directly'; such length of time as may fairly, and properly, and reasonably be allowed or required, having regard to the nature of the act or duty and to the attending circumstances; all these convey more or less the same idea. ..... same would be payable within a reasonable time by virtue of the application of section 46 of the contract act as it must be deemed that no time for performance had been specified. ..... in law prima facie meaning of those circumstances of which the person concerned is called upon to act reasonably knows or ought to know as to what was reasonable. ..... of allotment provides for unilateral termination of distributorship without assigning any reason which is liable to be read down in the light of article 14 of the constitution of india as well as observations made by this court in central inland water transport corpn. ..... under section 31(1) of the specific relief act, 1963 (act no.47 of 1963), any person against whom an instrument is void or voidable, and who has such instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or voidable, ..... in central inland water transport corporation .....
Tag this Judgment!Court : Delhi
..... that contracts of the types to which the principle formulated by us above applies are induced by undue influence as defined by section 16(1) of the indian contract act, even though at times they are between parties one of whom holds a real or apparent authority over the other. ..... the contract requires should be done; some more protracted space than 'directly'; such length of time as may fairly, and properly, and reasonably be allowed or required, having regard to the nature of the act or duty and to the attending circumstances; all these convey more or less the same idea. ..... would be payable within a reasonable time by virtue of the application of section 46 of the contract act as it must be deemed that no time for performance had been specified. ..... the only rfa562017 page 31 of 47 relevant provision in the indian contract act which can apply is section 23 when it states that "the consideration or object of an agreement is ..... of allotment provides for unilateral termination of distributorship without assigning any reason which is liable to be read down in the light of article 14 of the constitution of india as well as observations made by this court in central inland water transport corpn. ..... under section 31(1) of the specific relief act, 1963 (act no.47 of 1963), any person against whom an instrument is void or voidable, and who has such instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or voidable, ..... in central inland water transport .....
Tag this Judgment!Court : Delhi
..... that contracts of the types to which the principle formulated by us above applies are induced by undue influence as defined by section 16(1) of the indian contract act, even though at times they are between parties one of whom holds a real or apparent authority over the other. ..... the contract requires should be done; some more protracted space than 'directly'; such length of time as may fairly, and properly, and reasonably be allowed or required, having regard to the nature of the act or duty and to the attending circumstances; all these convey more or less the same idea. ..... would be payable within a reasonable time by virtue of the application of section 46 of the contract act as it must be deemed that no time for performance had been specified. ..... the only rfa582017 page 33 of 49 relevant provision in the indian contract act which can apply is section 23 when it states that "the consideration or object of an agreement is ..... of allotment provides for unilateral termination of distributorship without assigning any reason which is liable to be read down in the light of article 14 of the constitution of india as well as observations made by this court in central inland water transport corpn. ..... under section 31(1) of the specific relief act, 1963 (act no.47 of 1963), any person against whom an instrument is void or voidable, and who has such instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or voidable, ..... in central inland water transport .....
Tag this Judgment!Court : Delhi
..... that contracts of the types to which the principle formulated by us above applies are induced by undue influence as defined by section 16(1) of the indian contract act, even though at times they are between parties one of whom holds a real or apparent authority over the other. ..... the contract requires should be done; some more protracted space than 'directly'; such length of time as may fairly, and properly, and reasonably be allowed or required, having regard to the nature of the act or duty and to the attending circumstances; all these convey more or less the same idea. ..... would be payable within a reasonable time by virtue of the application of section 46 of the contract act as it must be deemed that no time for performance had been specified. ..... the only rfa1362017 page 33 of 48 relevant provision in the indian contract act which can apply is section 23 when it states that "the consideration or object of an agreement is ..... of allotment provides for unilateral termination of distributorship without assigning any reason which is liable to be read down in the light of article 14 of the constitution of india as well as observations made by this court in central inland water transport corpn. ..... under section 31(1) of the specific relief act, 1963 (act no.47 of 1963), any person against whom an instrument is void or voidable, and who has such instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or voidable, ..... in central inland water transport .....
Tag this Judgment!Court : Delhi
..... that contracts of the types to which the principle formulated by us above applies are induced by undue influence as defined by section 16(1) of the indian contract act, even though at times they are between parties one of whom holds a real or apparent authority over the other. ..... what the contract requires should be done; some more protracted space than 'directly'; such length of time as may fairly, and properly, and reasonably be allowed or required, having regard to the nature of the act or duty and to the attending circumstances; all these convey more or less the same idea. ..... same would be payable within a reasonable time by virtue of the application of section 46 of the contract act as it must be deemed that no time for performance had been specified. ..... in law prima facie meaning of those circumstances of which the person concerned is called upon to act reasonably knows or ought to know as to what was reasonable. ..... of allotment provides for unilateral termination of distributorship without assigning any reason which is liable to be read down in the light of article 14 of the constitution of india as well as observations made by this court in central inland water transport corpn. ..... under section 31(1) of the specific relief act, 1963 (act no.47 of 1963), any person against whom an instrument is void or voidable, and who has such instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or voidable, ..... in central inland water transport corporation .....
Tag this Judgment!Court : Delhi
..... that contracts of the types to which the principle formulated by us above applies are induced by undue influence as defined by section 16(1) of the indian contract act, even though at times they are between parties one of whom holds a real or apparent authority over the other. ..... the contract requires should be done; some more protracted space than 'directly'; such length of time as may fairly, and properly, and reasonably be allowed or required, having regard to the nature of the act or duty and to the attending circumstances; all these convey more or less the same idea. ..... would be payable within a reasonable time by virtue of the application of section 46 of the contract act as it must be deemed that no time for performance had been specified. ..... the only rfa1672017 page 30 of 46 relevant provision in the indian contract act which can apply is section 23 when it states that "the consideration or object of an agreement is ..... of allotment provides for unilateral termination of distributorship without assigning any reason which is liable to be read down in the light of article 14 of the constitution of india as well as observations made by this court in central inland water transport corpn. ..... under section 31(1) of the specific relief act, 1963 (act no.47 of 1963), any person against whom an instrument is void or voidable, and who has such instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or voidable, ..... in central inland water transport .....
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