...out for recovery under Rule 30. Of course, if the breach is of a venial nature. Rule 31 is attracted, the contract is continued and only a small portion of the penalty envisaged in Rule 29 is coll...account thereof but may recover a portion of the “whole penalty provided for in Rule 29” not exceeding Rs 100. In short, if the contravention is grave, the contract is cancelled and a heavy penalty...cutting and the other was a penalty imposed under Rule 29 of the Forest Contract Rules (for short, the Rules) issued in exercise of the powers conferred under Sections 44 and 79 of the Hyderabad Forest Act...

...right to continue beyond their period of contract. Exhibit P2 judgment, going by the portion already extracted above, has held that the contract employees have no right to be continued or regularised...judgment is dated 29.02.2016 and has admittedly become final. In view of the direction to continue them in service the employees continued beyond the period of their contract. 4...appointed for a period of one year. When the term of their contract was about to expire, W.P. (C) No.4895 of 2016 was filed before this Court claiming regularization in service. As per exhibit P2 judgment...

...Petitioner now deceased, was continued with such yearly contract of cutting grass. The other portion of the land was given to other person for the same purpose. The Respondents terminated and not extended ...it was mere a contract of cutting grass on the suit land and the possession was never given as a tenant specially when the Petitioner failed to prove that they were actually raising grass on the suit... ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3789 OF 1991...

...under the third party risk portion of its contract with Mr. Tawakley, and it therefore repudiated any liability under the policy. Discussions continued for nearly a year with the Company maintaining this...car was hired on a daily basis to the section of the police at Delhi which was dealing with the recovery of abducted women. Since a motor insurance policy, being a contract between the owner of the car...following passage in his judgment:“The Company's contention first is that in fact Mr. Tawakley had sold the car to another person before the date of this accident and the insurance contract was...

...decision of the Judicial Committee in the Champsey Bhara & Co. case (1). As the award in this case directs specific enforcement of a contract of personal service, it involves a legal proposition which is clearl...: 1958 AIR 1050 1959 SCR 1236 ACT: Arbitration - Award - Direction for enforcement of contract of personal service-Validity-Such direction, if an error on the...of the University ". On proceedings to obtain a judgment on the award: Held, that the award which purported to enforce a contract of personal service disclosed an error on the...

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...significance, then the authority may not propose to terminate the contract on account thereof but may recover a portion of the “whole penalty provided for in Rule 29” not exceeding Rs. 100. In short, if...realisation of the penalty may be in one or other of the ways set out for recovery under Rule 30. Of course, if the breach is of a venial nature. Rule 31 is attracted, the contract is continued an...authority. It is well settled that jurisdiction under Article 226 cannot be ousted only on the basis that the dispute pertains to a contract matter. As per the petitioner, none of the clauses mentioned...

...contract work and completed a substantial portion of the work and submitted seven RA Bills for a net amount of Rs. 27 crores which are as under:- 5...mobilization advance of Rs. 21 crores as provided under Clause 10B(ii) of the GCC and the petitioner executed some portion of the contract work. The petitioner had also submitted seven Running Account...interest amounting to Rs. 17,17,91,085/- coupled with the prayer for quashing the Memorandum dated 18-07-2022 issued by the said E.E. under Clause 29 of the General Conditions of Contract for withholding...

...STU to apply for and obtain stage carriage permits or goods carriage permits or contract carriage permits in respect of a notified area or notified route or portion thereof. Section 104 prohibits STA or...right must be a contract right, a property right, or a right arising from a transaction in the nature of a contract which has become perfected to the degree that the continued existence of the...vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage. These definitions similarly had found...

...tenant. So in this case it cannot be said that he took possession of the property in part performance of the contract. The latter portion of that part of the section reproduced by me above will ap...was stipulated further in the contract that if the District Judge refused such application Ramjan would be bound to return a portion of the earnest money proportionate to the share of the minor. The...doubt that he did continue in possession; the question is whether he continued in possession in part performance of the contract. The words of the section are perfectly clear. Mere continuance of...

...only on payment in terms of the settlement. Such payment was not made and the original contract and its arbitration clause continued to exist. The arbitrator, therefore, had jurisdiction to make an award...the event of any question or dispute arising under these conditions or any special conditions of contract or in connection with this contract except as to any matters the decision of which is specially.... By the contract dated 2-4-1943, the contractors agreed to supply to the Government 43,000 laddies cook. This contract was cancelled on 21-5-1945 and a claim by the Government for price of raw...

...made available by the Appellant to Respondent No. 1 for a sum of Rs.43,60,000/-. 3.7. The Appellant commenced and continued the work under the contract and raised various Running Account Bills (RA Bills...applicant in A.A.No.22/2020 COMAP. No.53 OF 2021 3.1. Appellant who is a contractor who had been awarded a contract for Rs.21,80,69,997/- by Respondent No.1 on 12th December 2015 to..., mobilisation advance of 10% of the contract value was agreed to be released to the applicant in two tranches to facilitate the applicant to perform the contract. 3.3. Clause 4.1 of the Letter of...

...Contract Act (9 of 1872), s. 74 Deposit of money as guarantee for due performance of contract for supply of goods-Breach of contract--Forfeiture of deposit--Proof ...contract with the respondent to supply some goods and deposited a certain amount as security for due performance of the contract. It was stipulated that the amounts we're to stand forfeited in case...the appellant neglected to perform his part of the con- tract. When the appellant made defaults in the supply, the respondent rescinded the contract and forfeited the amount deposited. The appellant...

...for support of capital goods was 25 already stipulated in sub-clause A, can be considered to be of continued relevance. ... (A) service portion in the execution of a works contract and construction services including service listed under clause (b) of Section 66E of the...listed in sub-clause (A), sub-clause (B) and sub-clause (BA) have their exceptions; the service portion in the execution of a works contract and construction services including specified services in...

...the essence of contract. The emphasis portion of the aforesaid statement of law is based on Lamprell v. Billericay Union (1849) 3 Exch 283; Webb v. Hughes...documents pertaining to the property in the suit together with vacant possession of the first floor by September 30, 1971 and possession of the front portion at the time of registration of the sale deed. I...to complete the sale through various letters and notices, they evoked no response. She failed to perform her part of the contract. Since the plaintiff had failed to pay the sum of Rs 98,000 within 10...

...of a contract to the contrary in the deed of partnership, benefit of registration up to the date of death of the partner can be given under section 184(7) of the Act for a ...partnership deed according to which the firm was not to stand dissolved in the event of death of a partner and it was to be continued by taking in the legal heir of the deceased.4. The...Commissioner of Income-tax formed the opinion that on account of the contract to the contrary in the deed of partnership, there was no dissolution of the firm on the death of Mohd. Hussain and the...

...obligations of the contract of tenancy. This operated as implied surrender.10. Sub-tenants, of course, continued in the premises and it is not disputed that except as to five, the sub-tenan...the premises for more than six consecutive months and to the extent either of the whole or a major portion of the premises, in the absence of any contract or other authority in writing expressly...)(b) of the Act, if such sub-letting has been for more than six consecutive months for the whole or a major portion of the premises without a contract in writing expressly permitting such subletting...

...contract such clauses would be construed as rendering ineffective the express provision relating to the time being of the essence of contract. The emphasised portion of the aforesaid statement ...dated September 9/10, 1968, passed in two cross appeals being First Appeal Nos. 245 of 1962 and 844 of 1961.2. A contract for the construction of an aqueduct across the Alandi...dated August 27, 1956 (Ex. 78) rescinded the said contract with effect from August 16, 1956. After serving a notice under Section 80 of the Civil Procedure Code the appellant-plaintiff filed a suit...