Court : Delhi
..... the resultant allocation has been done under the provisions of the coal mines (special provisions) ordinance, 2014, (now replaced by an act), rules 2014 and methodology and none of these provisions are being amended retrospectively. indeed, it was clearly indicated in the reply to pre-bid query no.18 of queries and responses to standard tender ..... power will make suitable provisions in the tariff policy and/or in the bidding guidelines issued under the electricity act, 2003. f. for power plant having uncontracted capacity, the bidder shall be mandated to cap its merchant capacity at 15 % of the generating capacity linked to the allotted coal block for sale of power outside ..... ppas contracted under section 62 or section 63 of the electricity act, 2003. further the bidder shall have to pay an additional reserve price for the quantum of coal used for power sold in the merchant market. the additional reserve price for coal used for merchant sale of power shall be based on intrinsic value of the .....
Tag this Judgment!Court : Delhi
..... the resultant allocation has been done under the provisions of the coal mines (special provisions) ordinance, 2014, (now replaced by an act), rules 2014 and methodology and none of these provisions are being amended retrospectively. indeed, it was clearly indicated in the reply to pre-bid query no.18 of queries and responses to standard tender ..... power will make suitable provisions in the tariff policy and/or in the bidding guidelines issued under the electricity act, 2003. f. for power plant having uncontracted capacity, the bidder shall be mandated to cap its merchant capacity at 15 % of the generating capacity linked to the allotted coal block for sale of power outside ..... ppas contracted under section 62 or section 63 of the electricity act, 2003. further the bidder shall have to pay an additional reserve price for the quantum of coal used for power sold in the merchant market. the additional reserve price for coal used for merchant sale of power shall be based on intrinsic value of the .....
Tag this Judgment!Court : Delhi
..... the resultant allocation has been done under the provisions of the coal mines (special provisions) ordinance, 2014, (now replaced by an act), rules 2014 and methodology and none of these provisions are being amended retrospectively. indeed, it was clearly indicated in the reply to pre-bid query no.18 of queries and responses to standard tender ..... power will make suitable provisions in the tariff policy and/or in the bidding guidelines issued under the electricity act, 2003. f. for power plant having uncontracted capacity, the bidder shall be mandated to cap its merchant capacity at 15 % of the generating capacity linked to the allotted coal block for sale of power outside ..... ppas contracted under section 62 or section 63 of the electricity act, 2003. further the bidder shall have to pay an additional reserve price for the quantum of coal used for power sold in the merchant market. the additional reserve price for coal used for merchant sale of power shall be based on intrinsic value of the .....
Tag this Judgment!Court : Delhi
..... for rs.2,22,89,712 being the 40% of termination payment. rs.1,15,159 towards interest on late payment of invoices. rs. 5,00,926/- towards ship or pay and imbalances charges, rs.l,728.35p towards various invoices/tax certificates. the further counter claims were towards interest at the rate of 18% per annum on ..... gpa. this was against fundamental policy of india thus attracting section 34(2)(b)(ii) of the act. mr. ramkumar also pointed out that although the spur line charges were removed with effect from march 2011 and the contract was amended in september 2011, the renewed bg was not submitted by oipl thereafter. the dispute arose only in ..... august 2012 when oipl unilaterally stopped drawing the gas without any prior intimation to gail. reliance is placed on the decision in ongc limited v. garware shipping corporation limited (2007) 13 scc434 provash .....
Tag this Judgment!Court : Delhi
..... and in the absence of any agreement regarding sole arbitrator or the arbitration shall be governed by the provisions of the arbitration and conciliation act 1996 in force or any subsequent amendment and re-enactment thereof. all arbitration procedures shall take place in mumbai and the courts in mumbai shall alone have jurisdiction in the ..... trent water purification inc. (2013) 1 scc641noticing the difference between the language of section 8 and section 45 of the arbitration act and contended that with effect from the amendment of the arbitration act on 23rd october, 2015, the said difference has disappeared and thus what has been held in the said ia no.4158 ..... a fraud. (m) has handed over copies also of (i) reliance industries limited vs. union of india (2014) 7 scc603 (ii) premium nafta products limited vs. fili shipping company limited [2007]. ukhl40 (iii) world sport group (mauritius) limited vs. msm satellite (singapore) pte. limited (2014) 11 scc639 and, (iv) buckeye check cashing, inc .....
Tag this Judgment!Court : Delhi
..... by any person or agency jointly with aai.33. it may also be mentioned that the airport infrastructure policy, 1997 which was existing as on the date of amendment act 43 of 2003 expressly provided for private sector participation to bridge the gap in resources as also to bring in greater efficiency in management of airports.34. coming to ..... the benefit of the liberalization of the land use under ncap, 2016.40. it is also relevant to note that the amendment act 43 of 2003 by virtue of which section 12a has been inserted into aai act, 1994 has enabled private participation to ensure that the airports in india are developed so as w.p.(c) no.11047/ ..... the private airport is more than fifty per cent.;"30. it is also necessary to notice section 12a which was inserted by amendment act 43 of 2003:-""12a. lease by the authority.-. (1) notwithstanding anything contained in this act, the authority may, in the public interest or in the interest of better management of airports, make a lease of the .....
Tag this Judgment!Court : Delhi
..... , the pbg had to be kept alive. it is pointed that fcl never objected to keeping the pbg alive. it is pointed out that though fcl sought amendment of the delivery schedule which had already expired on 20th may 1991 it never really communicated its willingness to supply the ordered quantity.11. mtnl maintains that time ..... 4 was unarmoured foam skin jelly filled cable and that the specifications shall be as per the latest tec specifications for foam jelly filled cable with up to date amendments. fcl's version of events that followed 9. what happened thereafter constitutes the bone of contention between the parties. according to mtnl, fcl was to submit ..... the decisions in arosan enterprises ltd. v. union of india air1999sc3804and bharat petroleum corporation ltd. v. the great eastern shipping co. ltd. (2008) 1 scc503 iii. reference was made to section 2(6) of the sale of goods act, 1930 ( soga ), which defined future goods to mean goods to be manufactured or produced or acquired by the seller .....
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..... 107 of 169 called naya gaon. after considering the objections received, the final notification in terms of sections 4 and 5 of the punjab municipal act, 1911, as amended by amendment act 11 of 1994, was issued on 18.10.2006 declaring the local area mentioned in the schedule thereto comprising of villages karoran, nada and kansal ..... regional planning area, a local planning area or a site for a new town declared as such under section 56. section 56, as substituted by the amendment act 30 of 2006, empowers the state government to declare by notification in the official gazette any area in the state to be a regional planning area, ..... from the concerned authorities of the three governments and their respective counsels, experts from various departments and agencies including the national ship design and research centre, vishakhapatnam, an organization of the ministry of shipping and transport had participated. the minutes of the meeting reveal that several issues regarding w.p.(c) nos.2924/2014 & .....
Tag this Judgment!Court : Delhi
..... 107 of 169 called naya gaon. after considering the objections received, the final notification in terms of sections 4 and 5 of the punjab municipal act, 1911, as amended by amendment act 11 of 1994, was issued on 18.10.2006 declaring the local area mentioned in the schedule thereto comprising of villages karoran, nada and kansal ..... regional planning area, a local planning area or a site for a new town declared as such under section 56. section 56, as substituted by the amendment act 30 of 2006, empowers the state government to declare by notification in the official gazette any area in the state to be a regional planning area, ..... from the concerned authorities of the three governments and their respective counsels, experts from various departments and agencies including the national ship design and research centre, vishakhapatnam, an organization of the ministry of shipping and transport had participated. the minutes of the meeting reveal that several issues regarding w.p.(c) nos.2924/2014 & .....
Tag this Judgment!Court : Delhi
..... based on collateral agreements entered into between the parties, not specifically encompassed by the contract nor specifically stated to be amendments to the agreement. therefore, we set aside the arbitrator s award in relation to the second lot of crc ..... 1) (implied condition as to fitness for purpose) and section 16(2) (implied condition as to goods being of merchantable quality). on the basis of the above provisions, the learned arbitrator found that the goods delivered by the seller were defective ..... the essential terms of the contract must be agreed to before a concluded contract can come into existence. furthermore, no shipping date was agreed to between the parties nor was the size finalized. sail stated that it was merely a conditional contract ..... a computation would be hit by the principle of remoteness and indirect loss, enshrined in section 73 of the indian contract act, 1872, for which sail cannot be expected to compensate tsu. therefore, in our view, the reasonable compensation that .....
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