17 February 2020


Search Results for Tag : Contract

Judgments

Asian Paints’ Home Solution tie-in arrangements with painters okayed(27.01.2016)

The Competition Commission of India dismissed a complaint alleging anti-competitive activities by Asian Paints. The complainant was displeased with th.....

Tags : Asian paints, home services, sub-contract

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No machinery in Finance Act, 1994 to levy and assess service tax on indivisible composite works contracts(20.08.2015)

A composite works contract should be bifurcated and ascertained before being taxed, but the same is not provided for in the Finance Act, 1994. The Cou.....

Tags : Service tax, composite contract, gross amount

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Court refutes arguments transposing arbitration clause from pricing clause(01.07.2016)

An arbitration clause can be incorporated in a contract where reference to the same is made as part of the contract, the Madras High Court reiterated......

Tags : arbitration, clause, incorporation, contract

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Effect of mis-representation on contract is same as that of non-disclosure; it affords ground for avoiding contract to aggrieved party(20.10.2016)

In facts of present case, Husband of complainant obtained an insurance policy namely Money Plus Plan from Petitioner corporation, insuring his life to.....

Tags : Contract, False Statement, Repudiation

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When parties mutually agreed for jurisdiction of Delhi Courts and fact that, goods were supplied from Delhi, Delhi High Court has jurisdiction(30.08.2016)

Appellants-Defendants were appointed as Clearing and Forwarding Agents and Stockists of respondents-Plaintiffs and on account of appellants-defendants.....

Tags : Contract, Privity, Sale of goods, Jurisdiction

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Value of work entrusted to sub-contractors or payments made shall not be taken into consideration while computing total turnover(05.09.2016)

Assessee was doing business of engineers and contractors and in this process it, executed projects under contracts with public sector undertakings, lo.....

Tags : Payment, Sub-contractor, Inclusion, Total turnover

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Contract of insurance is a contract of good faith (uberrima fides)(02.08.2016)

Instant First Appeal filed against impugned order of State Commission. Complainant obtained an insurance policy from the respondent, United India Insu.....

Tags : Insurance, Compensation, Contract, Good faith

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State Governments have power to levy sales tax on value of material in execution of the works contract(28.08.2017)

In facts of present case, in the year 1954, the State Government of Rajasthan enacted Rajasthan Sales Tax Act in order to tax the sales and purchase o.....

Tags : Works contract, Exemption, Entitlement

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The findings cannot be said to be perverse unless it is found that some relevant evidence has not been considered or that certain inadmissible material has been taken into consideration(03.01.2018)

In facts of present case, Defendants awarded to the Plaintiff the construction work of Thana Kot-Naina Devi OFC route. The Plaintiff started the execu.....

Tags : Contract, Accounts, Settlement

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Petitioner who is not a party to agreement containing an arbitration clause cannot be party to arbitration proceedings between the parties to arbitration agreement(07.02.2018)

The grievance projected by the Petitioner in instant petition is that, while the arbitration proceedings between Respondent Nos. 2 and 4 were going on.....

Tags : Impleadment, Maintainability, Privity, Contract

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An appeal is a continuation of proceedings of original Court and Court of first appeal must record its findings only after dealing with all issues of law as well as fact(12.02.2020)

Present is the Plaintiff's appeal challenging the judgment passed by the High Court, whereby the High Court has confirmed the judgment and decree pas.....

Tags : Contract, Specific performance, reasoned order

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Notifications & Circulars

India signs Contract for Exploration of Polymetallic Sulphides with International Seabed Authority(26.09.2016)

Ministry of Earth Sciences (MoES), Government of India, signed a 15-year contract with the International Seabed Authority (ISA), for exploration of Po.....

Tags : Contract, Signing, International Seabed Authority

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Performance review of the commodity derivatives contracts(04.02.2020)

1. The primary objective of the commodity derivatives market is to provide credible future price signals to market participants and an effective platf.....

Tags : Review, Commodity derivatives, Contracts

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Modifications in the contract specifications of commodity derivatives contracts(14.11.2019)

1. SEBI vide its circular ref. no. SEBI/HO/CDMRD/CIR/2016/88 dated September 20, 2016 had inter-alia prescribed at Para 3(c) provisions regarding perm.....

Tags : Modifications, Contract specifications, Derivatives contracts

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Government Contracts World Class Bullet Proof Jackets for Army Under 'Make In India' Initiative(09.04.2018)

A major contract through capital procurement route, for procurement of 1,86,138 Bullet Proof Jackets (BPJs) has been signed. The impending requirement.....

Tags : Jackets, Bullet proof, Contract

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Services provided to the Government, a local authority or a governmental authority with regard to water supply(22.08.2016)

It has been reported to the Board that in some cases contractors providing service of construction of tube wells for Government have been considered t.....

Tags : Contractors, Construction service, Government, Exemptions

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Permission for trading in futures contracts and modification in contract specifications at exchange level(20.09.2016)

As per Section 131 (4) of the Finance Act, 2015 all rules, directions, guidelines, instructions, circulars, or any like instruments, made by the erstw.....

Tags : Contracts, Permission, Exchange level

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Staggered delivery, early delivery system, early pay-in facility, penalty on delivery default, fixation of FSP and changes in expiry dates(21.09.2016)

As per Section 131[B]of the Finance Act, 2015 all rules, directions, guidelines, instructions, circulars, or any like instruments, made by the erstwhi.....

Tags : Rules, Contracts, Continuation

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Comprehensive Risk Management Framework for National Commodity Derivatives Exchanges(01.10.2015)

With effect from 28 September, 2015, all recognized associations under the Forward Contracts (Regulation) Act, 1952 are deemed to be recognized stock .....

Tags : Risk management, forward contract, stock exchange

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Exchange Traded Cross Currency Derivatives contracts on various currency pairs introduced(09.03.2016)

The Securities and Exchange Board of India permitted stock exchanges to introduce cross-currency futures and options contracts on EUR-USD, GBP-USD and.....

Tags : Exchange traded, cross currency, derivatives contract

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SEBI mulls Brightline Tests for Acquisition of ‘Control’(14.03.2016)

The Securities and Exchange Board of India released a discussion paper .....

Tags : Brightline test, control, acquisition contractual

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Designated Trade Repository under the Payment and Settlement Systems Act(23.03.2016)

The Clearing Corporation of India Limited will be the designated trade repository under Section 34 (2) of the Payment and Settlement Systems Act, 2007.....

Tags : Clearing corporation, trade repository, otc contract

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Reducing documentary requirements for hedging transactions(07.04.2016)

The Reserve Bank of India released proposals to ease documentation requirements on residents for hedging currency risk arising out of trade transactio.....

Tags : hedging risk, derivate contracts, documentary evidence

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Committee recommends modifications to Specific Relief Act 1963(20.06.2016)

An Expert Committee set up to bring changes in specific performance trends submitted its report proposing amendments to the Specific Relief Act 1963.<.....

Tags : Specific relief, damages, public contracts

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News

Hyderabad High Court : Disciplinary Action Can't be Different in Case of Contract Employees(18.01.2016)

Hyderabad High Court has made it clear that in matter of disciplinary proceedings a differential treatment cannot be meted out to an accused contract .....

Tags : Hyderabad High Court, Contract Employees

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Delhi HC Denies to Quash FIR against Contractor(02.08.2016)

Delhi HC has denied to quash a criminal case against a contractor whose alleged negligence in adopting safety measures at a construction site had led .....

Tags : Delhi HC, Contractor

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Delhi HC Gives Centre 60 Days for Finalizing Cairn’s Barmer PSC Extension(08.11.2016)

Delhi High Court has given Central Government another two months to arrive at its decision regarding extension of a Production Sharing Contract (PSC) .....

Tags : Delhi High Court, Production Sharing Contract, Cairn India

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Delhi HC Orders 50% Salary Arrears Payment to Contractual Employees of DCW(23.12.2016)

Delhi High Court has ordered release of 50% salary arrears of contractual employees of Delhi Commission for Women (DCW), that includes acid attack vic.....

Tags : Delhi High Court, Delhi Commission for Women, contractual employees

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Punjab & Haryana HC Terms Ad Hocism Arrangement in Educational Institutions a Disease(02.01.2017)

Punjab and Haryana High Court, miffed over ad hocism and contractual arrangements in educational institutions across Haryana, has said such appointmen.....

Tags : Punjab & Haryana HC, contractual, educational institutions

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Delhi HC: Hindu Marriage Is Sacrament, Not A Contract(30.01.2017)

Delhi HC, while rejecting plea of a woman to be declared as legally wedded wife of a government servant, now deceased, so that she can get a job on co.....

Tags : Delhi HC, Hindu Marriage, Contract

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Bombay HC Denies Bail to Chintan Upadhyay in Double Murder Case(03.02.2017)

Bombay High Court, while rejecting bail to Chintan Upadhyay in case of double murder of his artist wife Hema Upadhyay and her lawyer Haresh Bhambani, .....

Tags : Bombay High Court, Chintan Upadhyay , contract killing

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Supreme Court Stays Bombay HC Verdict on Levy of Stamp Duty on Advertisement Contracts(28.03.2017)

Supreme Court has stayed Bombay High Court judgment which had dismissed the challenge against levy of stamp duty on contracts entered into by advertis.....

Tags : Supreme Court, Advertisement Contracts, Stamp Duty

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Madras HC: Amendment to Additional Sales Tax Act Unconstitutional(03.10.2016)

Madras HC has declared unconstitutional inclusion of Explanation V to Section 2(1)(aa) of TN Additional Sales Tax Act, 1970, in 2002 to levy additiona.....

Tags : Madras HC , TN Additional Sales Tax Act, works contractors

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Sebi Sets Position Limit for Cross-currency F&O Contract(29.05.2017)

Sebi has fixed position limit for Brokers & Institutional investors operating in International Financial Services Centres for cross-currency futures a.....

Tags : Sebi, F&O Contract

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MP HC: Govt Rates Not Applicable on Rates Agreed in a Contract(14.07.2017)

Madhya Pradesh High Court has held that data entry charges fixed by the Union government were not applicable on a contract signed by a private firm wi.....

Tags : Madhya Pradesh High Court, Contract

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Delhi High Court: Payment to Contractors Shouldn’t Be Delayed for Non-Availability of Funds(27.03.2018)

Delhi High Court has laid down guidelines for adherence by Contractors as well as authorities while making payments to such Contractors, noting that t.....

Tags : Delhi High Court, Contractors

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Delhi HC Issues Guidelines for Municipal Corporations and Contractors(30.03.2018)

Delhi High Court has laid down certain guidelines, to be followed by contractors and Municipal Corporations, to ensure that works are duly carried out.....

Tags : Delhi High Court, Municipal Corporations and Contractors

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Supreme Court: Transfer of Moveable Property in Execution of Works Contract is 'Sale'(06.09.2017)

Supreme Court has said that transfer of moveable property in execution of works contract is deemed to be sale, and the value of property can be subjec.....

Tags : Supreme Court, Works Contract

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Karnataka High Court: 'Contract Workers Need Not Be Regularised'(09.10.2017)

Karnataka High Court has said that contractual workers do not have a right to seek regularisation or absorption.

Tags : Karnataka High Court, Contract Workers

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Plaintiff Entitled To Specific Performance of Contract If He Sticks to Terms of Contract: Kerala HC(14.12.2017)

Kerala High Court has held that a plaintiff is entitled to specific performance of contract only if he sticks to the original terms of the contract.

Tags : Kerala High Court, Contract

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Supreme Court: Plaintiff Can’t Seek Specific Performance & Injunction in One Suit(17.04.2018)

Supreme Court has held that a plaintiff could not claim the relief of specific performance of agreement along with the relief of a permanent injunctio.....

Tags : Supreme Court, Contract

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Concealing Earlier Marriage and Entering into Contract of Marriage Amounts to Fraud: Kerala HC(20.11.2018)

Kerala High Court has observed that concealment of a vital fact about earlier marriage while entering into a contract of marriage by itself amounts to.....

Tags : Kerala High Court, Concealment of marriage, contract of marriage

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Maternity Benefits to Contractual Employees can't be Denied: Kerala HC(03.01.2019)

Kerala High Court has reiterated that maternity benefits cannot be denied to women employees just because they are contractual employees.

Tags : Kerala High Court, Maternity Benefits to Contractual Employees

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CIVIL - SC Strikes Down Rs. 6,300-cr Food Contracts(11.03.2019)

Supreme Court (SC) has struck down tenders worth Rs 6,300 crore issued in 2016 by the Maharashtra women and child development department for supplying.....

Tags : Supreme Court, Food Contracts, Take Home Ration (THR)

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CONTRACT - Writ Petitions in Contract Matters Maintainable When There is Arbitrariness By State: SC(22.03.2019)

Supreme Court has reiterated that even in contract matters, a writ petition under Article 226 of the Constitution of India can be entertained by the h.....

Tags : Supreme Court, Writ Petitions, Contract Matters

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Apex Court Refuses to Regularise Bihar Contractual Teachers Jobs(10.05.2019)

Supreme Court has in a major setback to at least 3.5 lakh contractual teachers in Bihar refused to regularise their jobs.

Tags : Apex Court, Bihar Contractual Teachers

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Delhi High Court: Ensure Employees Paid as per Service Contract Every Month(30.05.2019)

Delhi High Court has directed the municipal corporations of North and East Delhi to ensure salaries are disbursed to their employees, including doctor.....

Tags : Delhi High Court, Contract

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Supreme Court Defines Tests to Find Out Whether Contract Labourers are Direct Employees or Not?(12.06.2019)

Supreme Court has observed while applying tests laid down by precedents for determining whether a contract labourer is a direct employee or not has qu.....

Tags : Supreme Court, Contract Labourers

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Calcutta High Court: Raise Pay of 11 Contractual Teachers(05.07.2019)

Calcutta High Court has directed the state education department to pay at least Rs 14,500 as the the minimum basic pay of assistant teachers to 11 te.....

Tags : Caclutta High Court, Contractual Teachers

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SC: Self-Serving Statements on Income will not be Enough to Prove Readiness and Willingness(19.09.2019)

Supreme Court has observed that self serving statements on income without any proof of financial resources will not be enough to prove that Plaintiff .....

Tags : SC, Contract

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Allahabad High Court Stays Hiring of Contractual Employees by State Government(25.11.2019)

Allahabad High Court has restrained the State Government from engaging service providers to provide contractual employees against regular sectioned po.....

Tags : Allahabad High Court, Contractual Employees

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Supreme Court: Assignment of Interest is not Valid because it was not Clearly Prohibited in Contract(27.11.2019)

Supreme Court has observed that assignment of contractual interest cannot be held to be valid merely because there is no clear bar against assignabili.....

Tags : Supreme Court, Contract

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CESTAT: No Vivisection in Service and Material Components of Contract is Composite Works Contract(16.01.2020)

Customs, Excise, and Service Tax Appellate Tribunal Hyderabad has held that where a contract cannot be vivisection between service component and mater.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Composite Works Contract

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Supreme Court: Contractual Workers Entitled to Provident Fund Benefits(20.01.2020)

Supreme Court has ruled that casual workers are entitled to social security benefits under the Employees’ Provident Funds and Miscellaneous Provisions.....

Tags : Supreme Court, Contractual Workers

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AAR, Rajasthan: GST Not Applicable to Labour Contract Services for Construction of Flats Under PMAY(30.01.2020)

Authority of Advance Ruling (AAR), Rajasthan has held that Goods and Services Tax (GST) does not apply to labour contract services for the constructio.....

Tags : Authority for Advance Ruling, GST on Labour Contract Services

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International Cases

Court must consider contract as a whole and, depending on nature, formality and quality of drafting of contract(29.03.2017)

Present appeal raises a question of contractual interpretation. It concerns an indemnity clause in an agreement dated 13 April 2010 (“the SPA”) for sa.....

Tags : Contract, Loss, Indemnity

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