CiteTEXT
...relief of specific performance of contract is claimed under Chapter II of the Act. Before adverting to question of law, it would be appropriate to first notice the precedents in respect of specifi.... Suit was filed by the plaintiff for possession through specific performance of an agreement by way of execution of sale deed of land measuring 0-9 marlas out of total land measuring 3 kanal 4 ma...?
2. Whether the courts below were wrong in dismissing the suit for specific performance by holding it to be hit of Section 9 of the Specific Relief Act and Section 29 of the Indian...
...erection and commissioning of contracts; non-fulfilment of performance guarantee; supply of defective equipments; delay in execution of the job and non-performance of th...Contract for the performance of the works, whether during the progress of the works or after its completion or whether before or after the termination or breach of contract, and the Purchaser and...the claims of this Corporation may be admitted at the earliest so as to compensate the heavy losses suffered by this Corporation on account of non-performance of the plant as per the contract and...
...any proof of any actual loss or damage suffered by the plaintiff due to non-performance of the aforesaid contracts. However, in the letter of invocation, it has to state that it has suffered loss or damage...plaintiff by reason of any breach or failure by SCIL in due performance of the aforesaid contracts i.e against the contract for supply of plant and equipment.84. In order to examine the...performance of the aforesaid contract, we shall forthwith on demand pay to the CORPORATION any sum or sums not exceeding Rs. 71,35,100/- (Rupees seventy one lakhs thirty five thousand and one hundred only...
...deviation from predicted performance would result in malfunctioning of the plant, thus exposing the assessee to arrange rectification or replacement of the defective equipment. Contracts for the...favour of the customer. In cases of two customers, namely, Indian Farmers Fertilizers Co-op. Ltd. and National Fertilizer Ltd., the amount of the performance bank guarantee is 5% of the sale value whereas...in the remaining cases performance bank guarantee is for 10% of the said value. The assessee makes the warranty provision in its book equivalent to the amount of bank guarantee furnished to the...
...point out to Pursottom Lall that his tender was defective, or to give him an opportunity to supplement it. His duty arose under the contracts, when a sufficient offer of performance was made to him, and...31st of May, the last day for giving delivery under these contracts, and the important question in this case is whether, as the plaintiff contends, Pursottom' Lall made an offer of performance of...each of the contracts on that day, which the defendant was bound to accept, or whether, as the defendant contends, no such offer of performance was made to him at all. What took place at Howrah on the...
...contract particularly the warranty clause thereof. He submits that, the warranty requires the petitioner to replace defective materials/workmanship and the performance for a period of 42 months from the...:— The injection moulded silent block for anchor link shall be deemed to bear a warranty against defective materials/workmanship and the performance for a period of 42 months from the date of supply or..., the petitioners had entered into contracts for supply of Injection Moulded Silent Block for Anchor Link of bogie/coaches with the Railway authorities. He refers to the terms and conditions of the...
...Corporate Debtor towards the Operational Creditor under the completed supply contracts. Unless specific findings of fraud, defective performance, or breach attributable to the Operational Creditor are...of January 2019, the Operational Creditor was awarded two contracts under the Saubhagya Scheme through two separate work packages for the supply, erection, assembly, manufacturing, type testing...failed and neglected to honour the payment obligations towards the legitimate and admitted dues of the Operational Creditor under the said Contracts. Despite repeated requests made by the Operational...
...Corporate Debtor towards the Operational Creditor under the completed supply contracts. Unless specific findings of fraud, defective performance, or breach attributable to the Operational Creditor are...of January 2019, the Operational Creditor was awarded two contracts under the Saubhagya Scheme through two separate work packages for the supply, erection, assembly, manufacturing, type testing...failed and neglected to honour the payment obligations towards the legitimate and admitted dues of the Operational Creditor under the said Contracts. Despite repeated requests made by the Operational...
...in the performance of the contracts and therefore he was entitled, the Railway Administration having committed breach of the contracts, to recover as compensation the difference between the contract...prescribed thereby, the stipulation as to time was waived. The High Court further held that by the notification under Rule 81 of the Defence of India Rules, performance of the contracts had not been...commodities in question.7. The finding that the Railway Administration had waived the stipulation as to the performance of the contracts within the time prescribed though...
.../- being the amounts deposited with the Government of India for due performance of the contracts and interest thereon at the rate of 6 per cent. per annum. The Trial Court decreed the suit. The Court...question whether the Government was entitled in the circumstances of the case to forfeit under cl. 8 the terms of the contracts the deposits made for securing due performance of the contracts. Sin...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 of loss suffere...
...arise for breach of some element or defective performance or non-performance of any part of contract, which is individual in nature. Based on this legal proposition, the Petitioner has submitted t...the all such claims, damages and compensation to suffering party as actually occurred due to breach of contract or default in performance of contract.
Hearing on...counsel, that it was supplying non-fixed power, was beyond the scope of pleadings. The Petitioner has also submitted that in specific contracts like PPA or construction, the claims of damages can...
..., specific performance of an agreement for sale of land.3. On July 3, 1973 respondent-Nathu Singh sold plot No. 195 measuring 5 bighas and 18 biswas and plot No. 196 measuring 9...years stipulated for the performance of the agreement to re-sell, respondent instituted the suit for specific performance alleging that despite offer of performance and tendering the price, appellant...was not willing and ready to perform the contract. The second contention is that contract itself became incapable of specific performance in view of the fact that during the pendency of second appeal...
...for delay and/or performance guarantees, claim on warranty/workmanship, punch lists and any breach of contract by contractor are applied under the provisions of any of the four ‘contracts’, it...all the contracts, BSES shall have the right to embark upon the retentions and encashment of bank guarantees of all the contracts.”6. On 4-12-2003, the appellant...unconscionable ulterior motive; or a lack of an honest or bona fide belief by the beneficiary that the circumstances, such as poor performance, against which a performance bond had been provided...
..., making, performance, rescission and termination of contracts….”It is manifest that the section contemplates the making of a bye-law regulating the...performance of contracts, the rescission and termination of contracts and this could obviously refer only to the bye-law affecting rights under contracts which are subsisting on the day the action...learned author proceeds to state at p. 367:“The principle of this case has been applied in later cases to contracts the performance of which in...
...and obligations under the contract or of a full and final settlement of the contract relate to the performance or discharge of the contract. Far from putting an end to the arbitration clause, they fall...termination of the contract unilaterally and as a consequence the parties may agree to rescind the contract. In such a situation the rescission would put an end to the performance of the contract in...several aspects merely to show that contracts being consensual, the question whether the arbitration clause survives or perishes would depend upon the nature of the controversy and its effect upon the...
....8. Section 56 occurs in Chapter IV of the Indian Contract Act which relates to performance of contracts and it purports to deal with one class of circumstances under which.... Curling (1922) 2 AC 180 at 234 “a person who expressly contracts absolutely to do a thing not naturally impossible is not excused for non-performance because of being prevented by the act...contract for sale of land to which this litigation relates, was discharged and came to an end by reason of certain supervening circumstances which affected the performance of a material part of it...
...that the same became barred by limitation.4. A suit for specific performance of the said agreement for sale dated 18-4-1971 was filed in the Court of Munsif, Ghatal...fact. A plea of limitation is a mixed question of law and fact. The question as to whether a suit for specific performance of contract will be barred by limitation or not would not only depend upon the...performance of contract would be governed by Article 54 of the Limitation Act, 1963. While determining the applicability of the first or the second part of the said provision, the court will firstly see as...
...reference for adjudication of all the disputes between the parties in connection with the “Works” covered under all the five package contracts and the Corporate Guarantee dated 17-3-2012 executed by Duro...Guarantee dated 17-3-2012 guaranteeing due performance of all the works awarded to Duro Felguera and FGI. The said Corporate Guarantee had its own arbitration clause, namely, Clause (8...carry out the works as per the priority of documents listed therein. Case of GPL is that the MoU dated 11-8-2012 being the latest covers all the five contracts, namely, New Package No. 4 awarded to M...
...essence in performance of contracts relating to immovable property, to cover his delays, laches, breaches and “non-readiness”. The precedents from an era, when high inflation was unknown, holding that...under the agreement dated 17-1-1981 or because of defective title, the entire amount of Rs 1,25,000 received by him as commission would be refunded within three months thereof....)(ii) CS No. 95 of 1984 on the file of the Madras High Court, filed on 19-6-1982, against Respondents 1 to 4 seeking a decree for specific performance of the agreemen...
...1984 SC 600 (13,15,16,21,24)
ACT:
Representation of the People Act (XLIII of 1951), s. 7(d)-A firm entering into contracts with Central Government for supply of...Sicka and Company of which the candidate was a partner had entered into contracts with the Central
106
818
Government for the supply of goods...results were declared :
Held, that the candidate had both a share and an interest in the contracts for the supply of goods to the appropriate Government on the crucial dates and...