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...offer and acceptance. Normally, a liability under the contract of insurance would arise only on payment of premium if such payment was made a condition precedent to the insurance policy taking effect...S. Saghir Ahmad, J.— Leave granted.2. The appellant had insured Truck No. CII-7928 on 8-11-1991 and issued an insurance policy in terms of the...‘A’ (Act only) — Certificate No. 006424, Policy No. 3145070606875”. The same day, at midnight, it met with an accident, in which three occupants, namely, Tetia @ Ramlal (cleaner) and two labourers...
...made by conversation on telephone, the place where acceptance of offer is intimated to the offeror, is the place where the contract is made, and therefore the civil court at Ahmedabad had...place where the offer is accepted is the place where the contract is made, and that Court alone has jurisdiction within the territorial jurisdiction of which the offer is accepted and the acceptance is...in a suit for damages for breach of contract, and the suit lies in the court within the jurisdiction of which the offeror has made the offer which on acceptance has resulted into a contract...
...record that there was acceptance of proposal and like other contracts, the contract of insurance was complete by offer and acceptance. In coming to this conclusion the High Court relied on the alleged...communicated to the offerer. The general rule is that the contract of insurance will be concluded only when the party to whom an offer has been made accepts it unconditionally and communicates his acceptance to...that the deceased was assured and told by the local agent and the Field Officer of the Corporation that the payment of the first premium would amount to the acceptance of the proposal and advised the...
...stipulated lump sum mentioned in the licenses, for these reasons. First, the licenses were granted to the appellants after offer and acceptance or by accepting their tenders or auction bid. The appellants...selling is granted by auction or by offer and acceptance before the goods came into existence. Excise contracts are settled in the preceding year. Third, the stipulated amounts payable by the appellants...mentioned in the license.2. These appeals relate to country liquor licenses (a) for the years 1962-63 and 1963-64; (b) for the years 1967-68, and (c) for the years 1968-69...
...acceptance of the offer and in that view of the matter the application of contractual bar must be held to be applicable only in a case where offerer has been relieved from his part not prior thereto...employee is relieved from his duties, (2) it is a bilateral action, (3) offer being not in praesenti — its acceptance is necessary, and (4) only exception to the said rule would be where prejudice may be...and other intermediate stops at certain times. In such cases it may be asked whether the statement made is an offer capable of acceptance or merely an invitation to make offers, and do business. An...
...in the permit or the order of allotment issued in its favour by the concerned authority. Offer and acceptance need not always be in an elementary form, nor indeed does the Law of Contract or of Sale...of Goods require that consent to a contract must be express. It is commonplace that offer and acceptance can be spelt out from the conduct of the parties which covers not only their acts but omissions...as well. Indeed, on occasions, silence can be more eloquent than eloquence itself. Just as correspondence between the parties can constitute or disclose an offer and acceptance, so can their conduct...
...true that the origin of government service is contractual. There is an offer and acceptance in every case. But once appointed to his post or office the Government servant acquires a status and his...P.K Goswami, J.— The appellant, Shri Dinesh Chandra Sangma, was a District and Sessions Judge at Dibrugarh in the State of Assam. He attained the age of 50 years on February...notice the appellant formally intimated to the Government that he “propose (d) to voluntarily retire from the service” and requested the Government to treat that as a formal notice under F. Rule 56...
...:“It is true that the origin of government service is contractual. There is an offer and acceptance in every case. But once appointed to his post or office the government servant acquires a statu...not possessing the requisite qualification, be held to be validly holding the post of Principal, ITI, on the basis of his experience.2. The facts, the questions raised and...the findings thereon are recorded hereinafter.3. The respondent was appointed as Senior Instructor on 3-12-1957 and was promoted as Supervisor Instructor on 13-12-1959...
...conditions. The origin of government service often times is contractual. There is always an offer and acceptance, thus bringing it to being a completed contract between the government and its...appeal, the judgment of a learned Single Judge. The Union of India and its officers are the appellants. The facts in brief, necessary to understand the dispute involved in the case are as follows...Judge who heard the writ petition declined relief to the respondent and dismissed the writ petition. Aggrieved by the said judgment the respondent filed an appeal. The Division Bench agreed with the...
...the Controller were not the result of any such contract of sale. There was no offer by the assesses to the State of Madras and no acceptance by the latter; the assessee was, under the Control Order...said that unless the offer and acceptance are in an elementary direct form there can be no taxable sale. The controller permitted the assesses to supply sugar of a Stated quality and quantity to the...such a price; there wasan implied contract with an implied offer and an implied acceptance. The same is the position with respect to the quality and quantity fixed by the Controller. when the State...
...not act as an agent of the State to purchase goods: he acted in exercise of his statutory authority. There was manifestly no offer to purchase sugar by the Province, and no acceptance of any offer by...if the acceptance of the offer is made under compulsion of a direction given by a statutory authority. But the passage must be read with the facts of the case. By clause 3 of the Sugar and Sugar...an offer by the manufacturer to supply goods. On the special facts of that case, the majority decision was that there was no offer and acceptance and no contract resulted. That decision should not be...
...variations in another jurisdiction no part of the cause of action arose in the first jurisdiction. In other words what has to be looked is where the final offer and acceptance took place. In the...the offer is part of the cause of action and Aris v. Orchard is not inconsistent because it only decides that where certain terms were agreed on in one jurisdiction and the final contract was made with...arrangements.I think this amounts to a renewed and final offer in Madura, which was accepted there, and that assuming that in a case of contract the offer is part of the cause of action, we are...
...the court. In view of offer and acceptance the present complaint is hereby partly allowed in terms of compromise between the parties. Amount of Rs. 3,630/- in cash paid to the complainant by the OP No...C.C. No. 96/ 2018 Mamta Kumari Vs. Girdhari Lal & Sons and Ors. Present: Sh. Rajesh Sharma, Advocate for the complainant. Sh. Anil Bhardwaj, Advocate for OP No. 1. OP...entered into compromise. As per compromise, OP No. 1 offered to refund the cost of cycle i.e. Rs. 3,630/- subject to deposit of damaged cycle. This offer was accepted by the complainant who is present in...
...offer and acceptance are contracts. As such, whenever the aggrieved in a claim establishes misrepresentation, fraud, mistake, undue influence or coercion, the contract is voidable and in the...: 6 : P.K.Basheer and Others, reported in (2014) 10 SCC 473 and P.L.Thammanna V/s. D.G.Rohit, reported in LAW (KAR...) 2015 1 141. 14. It is also necessary to make a mention that, the accused in his wisdom did not choose to get himself examined and thereby tender for cross examination...
...the mere offer and acceptance of the bet-assuming that the two annas were given as such would not show that Shyam Lal and Har Prasad were gambling, though as stated above, it might show that they were..., Head Constable, and the other prosecution witnesses saw Shyam Lal accused writing down some numbers on a piece of paper and Har Prasad accused effering two annas on number of 98. When the latter saw...the police they took to their heels. They were, however, arrested and from the possession of Shyam Lal two parchas with some numbers written on them, two pieces of cardboard, a pencil, and Rs. 2.25...
...RAJIV NARAIN RAINA, J. (Oral).In the face of offer of contract and its acceptance and employment relationship such as that of employer-employee/master-servant did not arise between the pet...acceptance, then at best, the relationship between the parties was contractual and voluntarily entered by the petitioner. In M-3, which is a letter of the petitioner addressed to the University, he accepts “thekedari par kam kar sak...accepted on 01.11.1993 and the assignment...
...offer and acceptance has to be considered as one part and what the department tried to do was to dissect the offer and acceptance and to treat the so-called admission made in the...assessee. Although the offer may not be accepted by the department, we would not permit such dissection of the offer and acceptance which, in our opinion, would go together. If the offer is not...furnished the requisite material showing that his son, Darshanlal, was his benamidar and any admission made in the offer by way of an application for settlement under Section 271(4A) could not be...
.... 4. The learned Government Counsel appearing for the first and second respondents submitted that the offer and acceptance between the petitioner and the third respondent ...respondents herein, who may have the power to do so. A mere offer and acceptance by the petitioner and the third respondent may not be sufficient to modify the punishment of dismissal. http...third respondent is directed to submit a proposal to the first respondent with regard to the offer made by the petitioner for reconsideration and with a consequential direction to the first respondent...
...of his claim. Offer is acceptable to the learned counsel for the respondent/complainant. Statements of the counsel for the parties, containing the aforesaid offer and acceptance of the said offer.... Versus Dr. Vishal Gautam (F.A. No.116/2015) __________________________________________________________ pay a sum of `20,000/- to the respondent/ complainant, in full and final satisfaction...appellant shall pay a total sum of `20,000/- to the complainant/respondent, in full and final satisfaction of his claim.
3. Appellant/opposite party has already deposited a sum of...
...:(a) There is correspondence exchanged as regards the effort and price for the damaged soda ash. The offer and acceptance are in writing and on record filed. The absence of a written contrac...provision under the Central Excise Law that only written contracts should be accepted for determining the valuation. An offer and its acceptance and performance thereafter establish a sale effected on...contracted prices. Therefore, the under material in the form of offers and acceptance and test measures has to be considered and thereafter valuation arrived. In this view of the matter the order is set...