...not the case that the appellant had any knowledge and acquiesced to it. Therefore, it is a classic instance of fabrication of false entries made by the Patwari, contrary to the ...thing received by him in exchange, then, unless a contrary intention appears from the terms of the exchange, such other party is liable to him …. for the return of the thing transferred….” ....2. The admitted facts are that the appellant was possessed of 90 kanals 7 marlas of land scattered at different places in the village Malikzada. The first respondent had agreed to...

...) 4 SCC 217 has held that the court by purporting to construe the contract cannot take upon itself the burden of saying that it was contrary to the contract and as s...conclusion. An award can be set aside on the ground that the arbitrator, in making it, had exceeded his jurisdiction. But by purporting to construe the contract, the court could not take upon itse...follows:“In case of any dispute or difference between the parties to the contract, either during the progress or after the completion of the works, or after det...

...contract to see whether the claim was sustainable under the terms of the contract.20. A reading of the decisions cited above shows that the principle ...the contract the court could not take upon itself the burden of saying that this was contrary to the contract and, as such, beyond jurisdiction. It has to be determined ...(1989) 2 SCC 38 wherein it was said that by purporting to construe the contract the Court could not take upon itself the burden of saying tha...

...tenant has to pay rent month to month but it would be subject to the contract to the contrary. This contract need not be reflected in writing but may be inferred from ...conduct. Under these circumstances, by conduct, an inference was drawn by this Court that there was implied contract to the contrary. The word ‘wilful’ is a word of many meanings with its construction...waiver and an intention of agreeing to receive rent contrary to the contract at irregular intervals does not arise. Therefore, we do not find any ground for interference. The finding of ...

...court should not substitute its own evaluation of the conclusion of law or fact made by the arbitrator for the purpose of holding that such conclusion being contrary to the contract ...determine the distinction between an error within the jurisdiction and an error in excess of the jurisdiction. Court cannot substitute its own evaluation of the conclusion of law or fact to come ...cannot take upon itself the burden of saying that this was contrary to the contract and as such beyond jurisdiction. If on a view taken of a...

...to the conclusion that the arbitrator had acted contrary to the bargain between the parties. Whether a particular amount was liable to be paid or damages liable to be su...court could not take upon itself the burden of saying that this was contrary to the contract and, as such...River Chenab at Baradari. Certain disputes arose between them which were referred to arbitration in pursuance of a clause therefor contained in the contract. The two joint arbitrators made an award on...

...are contrary to the public policy of India inasmuch as they are contrary to the express provisions of the contract entered into between the parties. The sellers.... The above conclusion cannot be held to be contrary to the terms of the contract or to the public policy of India. Further, this Court is not expected in enforcement pr...300, the Court can refuse to enforce a foreign award if it is contrary to the contract between the parties and/or is patently illegal. It was argued by Mr Rohinton F. Nariman, lea...

...excess of the jurisdiction. Court cannot substitute its own evaluation of the conclusion of law or fact to come to the conclusion that the arbitrator had acted contrary to ...itself the burden of saying that this was contrary to the contract and as such beyond jurisdiction. If on a view taken of a contract, the decision of the arbitrator on certain am...respect of that contract was executed by both the parties on 8-6-1982. As certain disputes arose between the parties in respect of transportation work the appellant issued notices to the responden...

...Court referred to the several decisions of this Court and other relevant decisions of the Kerala High Court. In order, however, to appreciate the contentions, it is necessary to refer in detail ....22. Similarly, in connection with Claim No. 6, there was a claim for Rs 24,000 towards expenses for providing a permanent doctor. It was held to be contrary to Clause 7 of (IV) of the ...contractor to remove the sheds and materials brought by him and, therefore, the award allowing such claim was definitely against the provision of the contract. On this head it was held that ...

...conditions of the employee or it runs contrary to the statutory provisions. I find force in the argument of learned counsel for the petitioner that a contract teacher is only obliged ...rules and clause 5 of Annexure P/1, prima facie it appears that the order impugned runs contrary to the contract of employment as well as statutory rules.Prima facie case is made out...Heard on admission.Issue notice to respondents on payment of process fee within three days, failing which the petition shall stand dismissed automatically without reference...

...terms of his contract, he could not have been transferred in view of Clause-6 of the Contract. 3. It is apposite to quote clause-6 of the contract, which reads as under:— ...be quashed. ii) That any appropriate writ/order or direction in the nature of mandamus may kindly be issued and the respondents may be directed to permit the petitioner as Horticulture...Development Officer at PCDO, Palampur, District Kangra, Himachal Pradesh. 2. Admittedly, the petitioner is working as Horticulture Development Officer on contract basis, therefore, in...

...future interest @ 12% (b) The Tribunal wrongfully rejected the counter claims of the petitioner on the basis of Ex. C-117, (c) the findings of the Tribunal were contrary to ...contrary to the terms of the contract since the claimant/GIL could not have claimed and nor awarded any escalation for spending more time because of its own fault in completing the projec...award of the Tribunal was intrinsically inconsistent. Once the Tribunal categorically held that there was no delay on the part of the respondent/NTPC while there were factors attributable to the c...

...sum of Rs 18,228-14-5 as damages for the breach of the contract.9. The trial court (District Judge) held that the plaintiff had committed breach of the ...forfeiture only in the event of any breach or non-performance of the contract by the plaintiff. Clause (7) of the agreement provided that if there was failure on the part of the plaintiff...the contract, the defendant was at liberty to make purchases of the onions elsewhere at the risk of the plaintiff. Clause (8) empowered “the officer sanctioning the ...

...any interpretation of the contract contrary thereto.”18. By reason of the impugned award, the learned arbitrators held:“1. We hold..., AIR 1989 SC 890 (Sudarsan Trading Co. v. Govt. of Kerala) wherein it was said that by purporting to constru...to be contrary to the well-settled principles governing the scope of interference with an award of the arbitrator under the old Act. As regards the first item, the quest...

...contract cancelled with the foreign buyer and intimation in that behalf having duly been given to the respondent on 22-5-1985, the appellant committed fraud in invoking the bank guarantee. ...:“17. Bank Guarantee.— The supplier shall within three days of the signing of this contract furnish to the STC a bank guarantee from a scheduled bank for an amount of Rs 11...(Rupees Eleven lakhs Seventy thousand only) which is equivalent to 5% value of the contract as per the pro forma attached hereto as Annexure III for the performance of its obligations under this...

...present writ petition has been filed to direct the respondents 1 to 3 to take action against the Arjun-500 motor cabs which are plying contrary to the contract carriage ..., directing the respondents 1 to 3 herein to take appropriate action against the permits of the Arjun-500 Motor Cabs covered under Contract Carriage Permits and plying as Stage Carriages in Villup...District.ORDERThe petitioner is an Association of share auto owners and they claim to be having valid contract carriage permits. According to the petitioner, the owne...

...respondents to refund the said amount. The appellant's stand before the Commission was that the liability, if any, was of M/s Pal Peugeot to pay the respondent. According to ...contract to the contrary has been pleaded. An identical issue was considered by this Court in Marine Container Services South (P) Ltd. v. Go Go...Dr. Arijit Pasayat, J.— Leave granted.2. The challenge in this appeal is to the order passed by the Monopolies and Restrictive Trade Practices...

...distinction between an error within the jurisdiction and an error in excess of the jurisdiction. Court cannot substitute its own evaluation of the conclusion of law or fact to come to the conclusi...cannot take upon itself the burden of saying that this was contrary to the contract and as such beyond jurisdiction. If on a view taken of a contract, the..., the work was scheduled to be completed on or before 28-6-1989. However, by mutual agreement, the period of contract was extended from time to time and finally till 5-11-1990. The work was comple...

..., namely, substitution of its own evaluation of the conclusion of law or fact to come to the conclusion that the arbitrator had acted contrary to the bargain between the...itself the burden of saying that this was contrary to the contract and, as such, beyond jurisdiction. It has to be determined that there is a distinction between disputes as to ...herein invoked the arbitration agreement contained in clause 17 of the contract in connection with earthfill and rockfill which was recorded from 53rd running bill up to the 88th running bill. One Shri J.S...