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K.N. Parthasarathy Naidu and ors. Vs. P. Mukundammal

Court : Chennai

Reported in : AIR1923Mad84; (1922)43MLJ551

..... in my judgment it was a perfectly proper ruling that it was not upon the mortgagee to prove as part of his case that the executor with power of sale was acting properly in effecting the mortgage. ..... no evidence of that kind was tendered and it is therefore unnecessary to consider whether, if it had been tendered, it would have been admissible. .....

Mukunchand Rajaram Balia Vs. Nihalchand Gurmukhrai

Court : Mumbai

Reported in : (1916)ILR40Bom517

..... a business man, namely, after having goods in his hands which he only had to tender in order to ensure great pecuniary gain, he should not have made such a tender, becomes perfectly intelligible as soon as one realises that non-delivery never involves the cancellation of the contract and really leaves the parties practically where they were for settlement at the rate of the day on the day ..... it cannot be doubted that but for the apprehension of those whose transactions must occasionally bring them very close to the domain of wagering and yet who are in every sense perfectly honest dealers, the rules of this association would have been worded in a much more simple direct and satisfactory manner.4. ..... doubtless, it is also for this reason that so little stress is laid upon the tender of the delivery order; for the non-tender of the delivery order, for all the purposes which the framers of the rules had in view, could make no substantial difference to the losses or gains of the parties, once they had contracted themselves out of the liberty allowed to the party not in breach to cancel the contract. ..... it is perfectly clear that if the contracts were allowed to be cancelled merely for non-tender of goods or delivery order, as is actually provided for in rule 17, a great part of the cotton business done on a large scale by the principal firms here would be paralysed. .....

Mukanchand Rajaram Balia Vs. Nihalchand Gurmukhrai

Court : Mumbai

Reported in : AIR1916Bom268; 32Ind.Cas.948

..... for what appeared to me little short of insanity in a business man, namely, after having goods in his hands which he only had to tender in order to ensure great pecuniary gain he should not have made such a tender, becomes perfectly intelligible as soon as one realises that non-delivery never involves the cancellation of the contract and really leaves the parties practically where they were for settlement at the rate of the day on the day ..... it cannot be doubted that but for the apprehension of those whose transactions must occasionally bring them very close to the domain of wagering and yet who are in every sense perfectly honest dealers, the rules of this association would have been worded in a much more simple, direct and satisfactory manner.4. ..... doubtless, it is also for this reason that so little stress is laid upon the tender of the delivery order; for the non-tender of the delivery order' for all the purposes which the framers of the rules had in view, could make no substantial difference to the losses or gains of the parties, once they had contracted themselves out of the liberty allowed to the party not in breach to cancel the contract. ..... it is perfectly clear that if the contracts were allowed to be cancelled merely for non-tender of goods or delivery order, as is actually provided for in rule 17, a great part of the cotton business done on a large scale by the principal firms here would be paralysed. .....

Lila Borah Vs. State of Assam and ors.

Court : Guwahati

..... vide letter dated 31.3.2005 from the director municipal administration to the chairman of the sonari municipal board discloses that rejection of the tender of the 1st, 2nd and fourth highest bidder on technical ground is accepted but what is 'technical ground' is neither mentioned ..... 5 has submitted that resolution of the municipal board, on the face of it discloses that such reason have been recorded in terms of rule 7 of the rules and this court in exercise of the writ jurisdiction is not entitled to come to a different finding than what has been recorded in the resolution inasmuch as rightly or wrongly some reason have been ..... resolution adopted by the board is perfectly legal and it is in accordance with the relevant rules and procedure and terms of the condition of the tender notice. ..... that merely by submitting highest bid a person is not entitled to claim settlement as a matter of right but what the law requires is that in case of rejection of a tender of a highest bidder reasons must be recorded in writing and such reason must be legally valid reasons. ..... by now that in the event of having such idea in the mind of the municipal board that the value of the property offered as scrutiny is lesser than the bid value, and the tender would be rejected in that count, it must be incorporated in the tender notice itself, otherwise the process of settlement would not be transparent. ..... required under rule 7 of the rules, valid in law, has been incorporated in rejecting the tender of the .....

Jivraj Baloo Spinning and Weaving Co. Ltd. Vs. Champsey Bhara and Co.

Court : Mumbai

Reported in : (1919)21BOMLR1037

..... recited the contracts which include the rules of the association, the rejection of the cotton tendered, and the reasons for such rejection, and the claim of the respondents, and it seems perfectly obvious from their award that they have allowed the claim made by the respondents in their letter of the 29th november, based on their construction of the provisions of rule 52.19. ..... the usual ones given to a buyer as a foundation for a claim against his seller for damages (compare rules 37, 38 and 47) and no man in his senses would exercise either of them unless the market had risen ..... invoicing the cotton back to the seller at the market rate of the day upon which the final award has been made, he shall notify his immediate seller and the original tenderer within twenty four hours of the arbitration and/or appeal if any being finally disposed of.8. ..... to the general provisions of the contract act and to the common law that a buyer who has rightly rejected goods tendered under a contract of purchase and sale should be in any way liable to the seller. ..... after reciting the contracts above-mentioned, the rejection of the cotton tendered, the claim of the respondents, and the denial of liability by the appellants, the arbitrators awarded and directed that the appellants should pay to the respondents ..... that paragraph 1 of the rule deals only with the buyer's rights if the tender is not approved. ..... rule 52 of the bombay cotton trade association rules lays down what are the buyer's rights if the tender .....

State of Uttar Pradesh and ors. Vs. Srinarayan

Court : Supreme Court of India

Reported in : AIR1965SC1919; [1965]57ITR790(SC); [1965]3SCR130

..... that the bonds were negotiable instruments and therefore refusal to accept them in payment of agricultural income-tax dues was illegal, that they, having been issued by government, could not be subsequently refused, they being perfectly valid legal tender and that in view of rule 8-a of the rules made under the act the amount due for tax should have been deducted from the interim compensation.6. ..... held that the orders of the agricultural income-tax assessing officer and the collector were wrong as the ground for refusing to accept the bonds in payment of the tax on the ground that there was no rule or statutory provision for their acceptance was incorrect and appeared to have been given in complete ignorance of the provision of law. ..... the fact that the bonds are negotiable does not make them legal tender and does not make it obligatory on anyone, including government, to accept them in payment of any dues. ..... the main contention for the appellant before us is that neither section 6(d) of the act nor rule 8-a provides that bonds can be accepted in payment of agricultural income-tax and that therefore the order of the collector dated august 24, 1956, was correct. ..... it is clear from the above provisions that neither section 6(d) nor rule 8-a provide that bonds must or can be accepted in payment of tax on agricultural income.13. ..... this application was rejected by an order stating that there was no rule for the acceptance of those bonds and that they be returned to the applicant.4. .....

G.V. Sreerama Reddy Vs. State of Karnataka and Others

Court : Karnataka

Reported in : ILR1998KAR2667

..... opinion that public interest so requires it may authorise the grant of a quarrying lease or licence for quarrying or reserve any land on such terms and conditions other than those prescribed in these rules as the state government may by order specify'.a plain reading of the above rule amply makes it clear that if the public interest requires, the government may authorise the grant of a quarrying lease or licence for quarrying. ..... public duty, the word 'otherwise' would be construed to be consistent with the public purpose and clear and unequivocal guidelines or rules are necessary and not at the whim and fancy of the public authorities or under their garb or cloak for any extraneous consideration ..... recommended to government vide his letter dated 28-11-1996 read at (2) above to consider the case by invoking the provision of rule 56 of kmmc rules, 1994 having regard to the offer made by the company by taking into account the following factors and also subject to certain ..... regards the earning of better revenue is concerned, as provided under rules 8-a and 8-b if quarrying lease was granted by notifying and through tender-cum-auction, the state would have definitely earned much revenue in ..... are indeed of the view that the expression 'terms and conditions other than those prescribed in the rules' is referable to the terms and conditions attached to lease and does not refer to a condition ..... are denied and it is stated that the impugned order is perfectly valid and no public policy is violated. .....

Raja Sati Prasad Garga and anr. Vs. Manmatha Nath Kar and ors.

Court : Kolkata

Reported in : 18Ind.Cas.442

..... 270 the rule laid down in section 38 of the contract act was held to be perfectly good notwithstanding anything contained in the bengal tenancy act, and it was held that the tender to the eldest of four joint sons in a hindu family whose father had been recently deceased was a good tender to all ..... down in section 38 are in this case much stronger against the defendant than the rules under the bengal tenancy act; for it is laid down that the tender must be unconditional, must be made at a proper time and place and under such circumstances that the person to whom it is made may have a reasonable opportunity of ascertaining that the person by whom it is made is able ..... we have, therefore, two separate considerations in this case, namely, that the deposit in court was bad and that the tender was bad, and these are questions of law and cannot, as the learned judge seems to think, be dealt with as ..... whole of the money due on the kist must be tendered at the right time and at the right place to make the tender valid; and the section says nothing as to the person ..... but the learned sub-judge found that the tender was not a valid tender within the meaning of section 54 of the bengal tenancy act; and there can be no doubt that the learned sub-judge was right in law in ..... 270 that if the tenant is able to prove that he has made a valid tender which has been improperly refused and also that he has kept it good, he is not in any worse position than he would be in if he proves that he deposited it .....

Drummond Vs. Executors of Prestman

Court : US Supreme Court

..... we are perfectly aware of the rule that he who cannot profit by a judgment between other parties should not be damnified by it. ..... and why should not this be evidence against george, the guarantee, who had tendered himself as security to these individuals in these very transactions? ..... but here the application of the rule is in favor of the admission of this record. ..... it is a rule in expounding instruments of this character "that the words of the guarantee are to be taken as strongly against him as the sense will admit. .....

Maj. Gen. Surendra Kumar Sahni Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2003IIIAD(Delhi)541; 105(2003)DLT211; 2003(71)DRJ693; 2004(1)SLJ80(Delhi)

..... it was contended that the court of inquiry is held simply for the purposes of fact finding which affords in terms of army rule 180, ample opportunity to the witness to safeguard his character or military reputation by cross examining the witnesses and also by producing his witnesses in defense of his character or military ..... when questioned about the discrepancy, the petitioner blamed it on the officer responsible for opening of the tenders, while absolving himself, the person responsible for certifying the propriety and correctness of documents to the competent financial authority of all the blame ..... shri sud laid emphasis that in view of a specific direction in the convening order for compliance with the requirements of the army rule 180, full protection is ensured to the petitioner to safeguard his interest in the course of proceedings before the court of inquiry. ..... perfect supplies on power of attorney, which is against existing rules. ..... in the meantime, the earnest money of the second and third lowest tenderer in the above tendering, that is supposed to be held by the petitioner's office was released before the acceptance of tender note could be issued. ..... pc/raksha/68063/q/st5/5089d(qs) dated 22-11-2002 of government of india, ministry of defense as well as terms and conditions of tender documents while concluding the contracts. 2. ..... the rates quoted by the tenderer in figures were rs. ..... however, recommended the tender of m/s. ..... per the policy he should have recommended the tender of m/s. .....