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...constitute an acceptance—an agreement sub silentio. Therefore, the terms of a contract between the parties can be proved not only by their words but also by their conduct.20.... In our view, the principle of sub silentio is clearly attracted in the present case. As noted above, after the extended period of charter party dated 6-5-1997 had come to an end on 31-8-1998 and the...dispute between the parties. They accepted the stand of the respondent sub silentio and thus, continued to bind themselves by other terms and conditions contained in the charter party dated 6-5-1997...
...of a positive act, may constitute an acceptance — an agreement sub silentio. Therefore, the terms of a contract between the parties can be proved not only by their words but also by their conduct...silentio and thus, continued to bind themselves by other terms and conditions contained in the charter party dated 6.5.1997, which obviously included the arbitration clause.”5. Under the circumstances, the argument raised by th...The applicant appointed the first respondent as an authorized sales and service dealer of the products of the appellant company vide Dealership Agreement dated 10.1.1998 The agreement was...
...doctrine of agreement sub silentio: such finding arrived at without adducing evidence by either side is unwarranted and cannot be sustained in law. In any case, submits the learned counsel for the...indicative of the fact that there was an agreement sub silentio. Since there is demonstrably an agreement sub silentio between the parties about the continuation of the agreement dated 13...that there was an agreement sub silentio between the appellant and the respondent to continue to govern themselves by the terms and conditions of the agreement dated 13.1.2003 notwithstanding the fact...
...agreement entered into was an agreement of sale or for mutual benefit since the agreement was sub silentio in that behalf. The High Court in CRP No. 5246 of 1991 by judgment dated 6-9-1994, allowed the ame...measuring 5 acres 39 guntas in Bhoopasandra Village, Kasaba Hobli, Bangalore North Taluk. An agreement dated 25-1-1991 was entered into between the appellants and the respondents. On the basis thereof...stands. In para 6 of the written statement, the respondents have stated thus:“It is true that this defendant has entered into an agreement of sale with the plaintiff...
...takes the form of a positive act, may constitute an acceptance - an agreement sub silentio. Therefore, the terms of a contract between the parties can be proved not only by their...words but also by their conduct."
Therefore, the principle of sub silentio is clearly attracted in the case on hand...proceeding further, acquiescence does take place.As a consequence, it reintroduces a new implied agreement between the parties. Once such a situation arises, it is not open to the...
...—an agreement sub silentio. Therefore, the terms of a contract between the parties can be proved not only by their words but also by their conduct.”44...distributorship agreement i.e the MoU, which stood duly terminated.7. The petitioner thereafter issued a notice dated 24-3-2010 through its counsel in terms of Clause 11 of the MoU....(ii) In the event of any dispute or difference arising at any time between the parties hereto as to the construction, meaning or effect of this agreement or thing contained herein or...
...acceptance, an agreement sub silentio. In the light of the aforesaid principle, according to me, on facts, it can be certainly inferred that the franchise agreement entered into between the petitioner....2. The petitioner is the proprietor of a concern engaged in providing cable TV services. He has been providing cable TV services to his customers based on Annexure A-1 franchise agreement entered...into with the respondent on 16.11.2010. Annexure A-1 agreement provides for resolution of the disputes by recourse to arbitration. It is stated by the petitioner that though the said franchise...
...submitted that offerees silence, coupled with his conduct, which takes the form of a positive act, would constitute an acceptance - an agreement sub silentio, as held by the Supreme Court.
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...acceptance an agreement sub silentio. Therefore, the terms of a contract between the parties can be proved not only by their words but also by their conduct.”31. In these facts, the...contract. Where, however, forfeiture takes place under the terms and conditions of a public auction before agreement is reached, OMP No. 746 of 2009 Page 22 of 23 Section 74 would...could be set aside if(a) either party was under some incapacity, or(b) the arbitration agreement is invalid under the law, or(c) the applicant was not given...
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..., which takes the form of a positive act, may constitute an acceptance-an agreement sub silentio. Therefore, the terms of a contract between the parties can be proved not only by their words...acceptance or rejection of the policy to the Life Assured, takes the form of a positive act by it, constituting an acceptance an agreement sub silentio".
19.... Therefore the act of the opposite parties 2 to 4 constituting an acceptance of agreement sub silentio. The complainants are the consumers as the deceased N.Sakthivel paid premium of Rs.49,950/- to the...
...agreement sub-silentio.We do not agree with these submissions also. It is also not a case where the respondent has remained silent and availed the services of the petitioner. As the parties...were in discussion but could not come to any agreement, we find it difficult to agree with the submission of Ms. Khajuria in regard to a contract sub-silentio. Further, we do not find any merit in the...carriage agreement dated 8.8.2011 was signed between the parties. This agreement was valid for one year from 1.9.2011 to 31.8.2012. As per the agreement, the petitioner was to carry and retransmit...
..., coupled with conduct taking the form of a positive act, may constitute as acceptance of an offer and form an agreement sub silentio.19. The “Order Confirmation” sent by the plaintiff...the defendant/applicant on the past dates of hearing also and as recorded in the orders of the said date has been taking a stand of there being an arbitration agreement between the parties and for this...in Govind Rubber Limited v. Louis Dreyfus Commodities Asia Private Limited (2015) 13 SCC 477 that an arbitration agreement need not be...
...conclusion that it was not open to the respondent to explain whether the agreement was one of sale or for mutual benefit since the agreement was sub silentio in that behalf. In that decision this...of an agreement dated 7-4-1967 the plaintiff worked as their stockist-cum distributor. After three years the defendants by application under Order 6 Rule 17 of the Code sought amendment of written...written statement was rejected mainly on the ground that the respondents had entered into an agreement for development of the land for mutual benefit of the parties and thereby the trial court came to a...
...offeree's silence, coupled with his conduct, which takes the form of a positive act, may constitute an acceptance with an agreement sub silentio. Therefore, the terms of a contract between the parties...
...Hon'ble Apex Court has held, “…….under certain circumstances, the offeree's silence, coupled with his conduct, which takes the form of positive act, may constitute as acceptance-an agreement sub silentio. Therefore...(Colly).6. As per the petitioner, it placed the channel in UHF band from 21.05.2011, although the term of the agreement was to commence from 01.06.2011.7. It is further case...of the petitioner that though it commenced placement of the channel, the respondents failed to share the agreement copy as well as to remit payments as agreed. After exchange of some further e-mails...
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...act, may constitute an acceptance—an agreement sub silentio. Therefore, the terms of a contract between the parties can be proved not only by their words but also by their conduct...document for settlement for the period 2015-19 and the settlement agreement.
(ii) Consequent to grant of relief no. (i) to issue a further writ, order or direction.../altering of the terms and conditions of the existing settlement agreement, which is not permissible in the case of an extension.
(vi) This Hon'ble Court may...
...agreement sub silentio. Therefore, the terms of a contract between the parties can be proved not only by their words but also by their conduct."
15. In the case of...Bhojpur, according to the terms and conditions of the sand policy 2013, the tender document for settlement for the period 2015-19 and the settlement agreement.
(ii...incorrect and illegal as the same amounts to modifying/altering of the terms and conditions of the existing settlement agreement, which is not permissible in the case of an extension...
...positive act, may constitute as acceptance of an offer and form an agreement sub silentio.
17. The "Order Confirmation" sent by the plaintiff beyond three weeks of the... defendant/applicant on the past dates of hearing also and as recorded in the orders of the said date has been taking a stand of there being an arbitration agreement between the.... Louis Dreyfus Commodities Asia (2015) 13 SCC 477 that an arbitration agreement need not be signed by all parties if the record of the agreement is provided by exchange of...