3 October 2022


Search Results for Tag : contract

Judgments

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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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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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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Notifications & Circulars

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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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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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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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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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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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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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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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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Once contract of employment comes to end by efflux of time, it cannot be claimed as a vested right for its extension(28.08.2020)

Present Petition has been filed by the Petitioner seeking directions to the Respondents to continue the services of the Petitioner in the post of Lega.....

Tags : Contract, Extension, Eligibility

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NCLT does not have any residuary jurisdiction to entertain contractual dispute(23.11.2021)

Present appeal arises from a judgment of the National Company Law Appellate Tribunal. The NCLAT upheld the interim order of the National Company Law T.....

Tags : Contractual dispute, Proceedings, Jurisdiction

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An action in tort accrues when loss is actually suffered(12.08.2022)

Present is the third Defendant's application to strike out the plaintiffs' claim against it on the basis that the action is statute barred. The Plaint.....

Tags : Negligence, Contract, Legal services

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Terms of invitation to tender cannot be open to judicial scrutiny because it is in the realm of contract(28.06.2021)

Present Petition under Article 226 of the Constitution of India takes exception to the tender conditions in the Notice inviting tender dated November .....

Tags : Contract, Extension, Legality

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Calendar spread margin benefit in commodity futures contracts(09.08.2021)

1. SEBI had prescribed norms, inter-alia, for providing margin benefit on calendar spread positions in commodity futures contracts vide circular SEBI/.....

Tags : Benefit, Futures contracts

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News

AAR, Maharashtra: 12% GST Chargeable by Sub-Contractor to Main Contractor(15.12.2021)

Authority of Advance Ruling (AAR), Maharashtra has ruled that 12% goods and services tax (GST) shall be charged by the sub-contractor to the main cont.....

Tags : Authority of Advance Ruling, Works Contract Service

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Delhi HC: Injunction for Interference with Contractual Relations Violates Article 19(5)(19.05.2020)

Delhi High Court has held that providing injunction for alleged interference with contractual relations of two parties, in absence of any law, would v.....

Tags : Delhi High Court, Injunction for Interference with Contractual Relations

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Kerala HC Quashes Decision to Exclude JV of Contractor Accused of 'Palarivattom Flyover Scam'(05.05.2020)

Kerala High Court has reiterated the principle that the blacklisting of a contractor cannot be done without affording an opportunity of prior hearing......

Tags : Kerala High Court, Blacklisting of 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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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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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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ITAT: Deduction of Compensation for Breach of Contract Can’t be Allowed Based Only on Bank Statement(13.07.2022)

Income Tax Appellate Tribunal (ITAT), Pune Bench has held that deduction of compensation paid for breach of contract cannot be allowed based on bank s.....

Tags : ITAT, Contract, Bank Statement

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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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Madras HC: Municipalities Can't Engage Manual Scavengers Through Private Contractors(23.08.2022)

Madras High Court has held that if any municipality was seen to engage in the practice of manual scavenging, even through private contractors, the Com.....

Tags : Madras High Court, Manual Scavengers, Private Contractors

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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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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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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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SC: Successful Allottee or Bidder to Decide on Existing Contracts in Coal Mining Operation(22.09.2021)

Supreme Court has observed that a successful allottee or bidder has complete freedom to decide as to whether he desires to continue or adopt any such .....

Tags : Supreme Court, Contracts in Coal Mining Operation

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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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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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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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Chhattisgarh HC bar University From Replacing Guest Lecturer Except by Way of Regular Appointment(05.05.2022)

Chhattisgarh High Court has reiterated that because a person is selected as a Guest Lecturer at a college or a University, doesn’t mean that he/she do.....

Tags : Chhattisgarh High Court, contractual appointments, legitimate expectation, Guest Lecturer, complaint

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Order of blacklisting can be scrutinized not only on the touchstone of the principles of natural justice but also on the doctrine of proportionality(05.04.2022)

The challenge raised in present writ petition is to the order passed by the Food Corporation of India (FCI) terminating the contract that was issued t.....

Tags : Contract, Termination, Validity

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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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SC: Absence of Arbitration Agreement Make Article 137 of Limitation Act Inapplicable to Arbitration(07.04.2022)

Supreme Court has observed that Article 137 of the Limitation Act, 1963 would be inapplicable in arbitration proceedings commenced under Bihar Public .....

Tags : Supreme Court, Article 137 of the Limitation Act, 1963, Bihar Public Works Contracts Disputes Arbitration Tribunal, arbitration proceedings

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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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Kerala High Court Stays Government Orders for Regularizing Temporary/Contract Employees(05.03.2021)

Kerala High Court has directed a halt on the Government Order regularising the services of those who completed ten years of service in semi-government.....

Tags : Kerala High Court, Regularizing Temporary/Contract Employees

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Delhi HC: Failure to Issue Notice for Additional Payment Does Not Preclude Later Claim(18.04.2022)

Delhi High Court has held that the failure on the part of the contractor to issue notice under the contract does not deprive him of his right to claim.....

Tags : Delhi High Court, contract, arbitral tribunal

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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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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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Delhi HC: Exception 3 to Section 28 Contract Act Does Not Deal with Bank Guarantees(02.08.2021)

Delhi High Court has interpreted Exception 3 to Section 28 of the Indian Contract Act 1872 to hold that it does not deal with 'claim period' under Ban.....

Tags : Delhi High Court, Exception 3 to Section 28 Contract Act

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Kerala HC Disposes Plea Questioning Practices Related To Engaging Foreign Pilots On Contract(30.09.2021)

Kerala High Court has directed a former Indigo Airlines Captain, a Portuguese national who had questioned practices related to engaging foreign pilots.....

Tags : Kerala High Court, Foreign Pilots On 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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Andhra Pradesh HC: In Contract, Rate of Interest May be customized by Court on Equitable Grounds:(30.03.2022)

Andhra Pradesh High Court has decided that where the rate of interest is fixed in the contract, it would be open to the Court to alter the rate of int.....

Tags : Andhra Pradesh High Court, Interest Rate, Contract

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AAR, Telangana: ITC Can be Availed on GST Charged by Contractor Supplying Service of Works(14.12.2021)

Authority of Advance Ruling (AAR), Telangana has ruled that input tax credit can be availed on goods and services tax (GST) charged by contractor supp.....

Tags : Authority of Advance Ruling, GST Charged by Contractor Supplying Service of Works

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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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Delhi HC: If Contract Is Extended, It Can’t be Allowed to Reduce Extension Period Retrospectively(09.05.2022)

Delhi High Court has ruled that when the employer has granted an extension of time to the contractor for a specified period, it cannot turn around to .....

Tags : Delhi High Court, extension of time, provisional, 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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CESTAT, Chennai: No Service Tax Leviable on Goods Component of Composite Works Contract(19.11.2021)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Chennai has held that no service tax is leviable on goods component of composite works c.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Service Tax Leviable on Goods Component of Composite Works Contract

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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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AAAR: Number of Tasks Entrusted Through Single Contract Would Not Constitute ‘Composite Supply’(16.09.2021)

Appellate Authority of Advance Ruling (AAAR), Karnataka has ruled that the number of tasks entrusted through a single contract would not constitute ‘c.....

Tags : Appellate Authority of Advance Ruling, Number of Tasks Entrusted Through Single Contract

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Bombay High Court Grants Status Quo Relief to SpiceJet Contractual Employees(27.01.2022)

Bombay High Court has directed SpiceJet in an interim order that no new contractual employees or personnel be deployed by any agency. Further, the Cou.....

Tags : Bombay High Court, SpiceJet Contractual Employees

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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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CESTAT Allows to Pay Service Tax for Construction of Residential Complex(10.05.2022)

Customs, Excise & Service Tax Appellate, Bangalore has allowed to Pay Service Tax under Composition scheme of Works Contract (Composition Scheme for P.....

Tags : Customs, Excise & Service Tax Appellate, Service Tax, Composition scheme of Works Contract (Composition Scheme for Payment of Service Tax) Rules, Residential Complex

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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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AAR, Telangana: ITC Can be Availed on GST Charged by Contractor Supplying Service of Works(14.12.2021)

Authority of Advance Ruling (AAR), Telangana has ruled that input tax credit can be availed on goods and services tax (GST) charged by contractor supp.....

Tags : Authority of Advance Ruling, GST Charged by Contractor Supplying Service of Works

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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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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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SC: Contract is Void if Prohibited by Statute Under a Penalty(01.03.2021)

Supreme Court has observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is v.....

Tags : Supreme Court, Void Contract

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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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AP HC Seeks Report on Non-Payment of Dues to Two Private Contractors(30.06.2021)

Andhra Pradesh High Court has sought a report on seemingly 'pathetic' financial status of the State Government along with reasons for non-payment of d.....

Tags : Andhra Pradesh High Court, Non-Payment of Dues to Two Private Contractors

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Chhattisgarh HC bars University From Replacing Guest Lecturer Except by Way of Regular Appointment(05.05.2022)

Chhattisgarh High Court has reiterated that because a person is selected as a Guest Lecturer at a college or a University, doesn’t mean that he/she do.....

Tags : Chhattisgarh High Court, contractual appointments, legitimate expectation, Guest Lecturer, complaint

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Delhi HC Directs ESIC to Constitute Committee to Frame Policy for Welfare of Contractual Workers(08.02.2022)

Delhi High Court has directed the Employees' State Insurance Corporation (ESIC) to constitute a committee which will frame a policy for the welfare of.....

Tags : Delhi High Court, Policy for Welfare of Contractual Workers

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Supreme Court: Marriage Contracted During Pendency of Appeal from Divorce Decree Not Void(24.02.2020)

Supreme Court has observed that a marriage contracted during the pendency of an Appeal from a divorce decree is not void ab initio especially when suc.....

Tags : Supreme Court, Marriage Contracted During Pendency of Appeal from Divorce

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CESTAT, Delhi: No Service Tax on Toll Collection on Behalf of NHAI(08.04.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has observed that an independent contractor is not liable to pay service tax while .....

Tags : Customs, Excise and Service Tax Appellate Tribunal, independent contractor, National Highways Authority of India, toll collection

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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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NHAI Clears Contractors’ Bills Worth Rs 25,000 Crore(01.04.2020)

National Highways Authority of India (NHAI) has cleared bills worth Rs. 25,000 Crore owed to contractors in March, 2020, expediting the process after .....

Tags : National Highways Authority of India, Contractors' Bills

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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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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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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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Grantee cannot acquire more rights than those afforded by the grantor(04.11.2020)

Present appeal is directed against an order of the High Court, which upheld the exception raised by the Respondent, Tip Trans Resources (Pty) Ltd. (Ti.....

Tags : Contract, Rights, Entitlement

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Kerala HC: Artificial Breaks in Service Cannot be Used to Deny Maternity Leave Benefits(12.05.2022)

Kerala High Court has ruled that short artificial breaks in service between successive contracts cannot be used as a device to reject maternity rights.....

Tags : Kerala High Court, successive contracts, maternity rights

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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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SC: NCLT Has Jurisdiction to Adjudicate Contractual Disputes(08.03.2021)

Supreme Court has observed that the National Company Law Tribunal has jurisdiction to adjudicate contractual disputes, which arise solely from or whic.....

Tags : Supreme Court, Contractual Disputes

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Bilateral Netting of Qualified Financial Contracts- Amendments to Prudential Guidelines(30.03.2021)

1. The Bilateral Netting of Qualified Financial Contracts Act, 2020 (hereafter referred to as "the Act"), has been notified by the Government of India.....

Tags : Bilateral Netting, Financial Contracts, Amendments

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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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ITAT, Bangalore: Payment of Sub Contracting Charges to Subsidiary Liable to TDS(18.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that payment of sub-contracting charges to subsidiary is liable to Tax Deduction at Source.

Tags : Income Tax Appellate Tribunal, Tax Deduction at Source, sub-contracting charges

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AAR, West Bengal: 12% GST Applicable on Contract for Dredging of Wular Lake(09.02.2021)

Authority of Advance Ruling (AAR), West Bengal has ruled that 12% Goods and Services Tax is applicable on contract for the dredging of Wular Lake, obs.....

Tags : Authority of Advance Ruling, Contract for Dredging of Wular Lake

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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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Government of India and European Investment Bank sign finance contract for first tranche loan of Euro 250 million for Agra Metro Rail project(23.12.2021)

Hon'ble Prime Minister Shri Narendra Modi had inaugurated construction work of Agra Metro project in Agra last year

The Government of India (.....

Tags : Finance contract, Signing of

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Delhi HC: Breach of Contract u/s 74 Not Applicable at Pre-Formation Stage(07.04.2022)

Delhi High Court has admitted a writ petition that seeks refund of bid security paid by Indian Hotels Company Limited (IHCL) and has dismissed the all.....

Tags : Delhi High Court, bid security, Indian Hotels Company Limited, pre-formation stage, breach of contract

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SC: Businessmen Will Be Hesitant to Enter Govt Contracts If Undertakings Altered Regularly(01.12.2021)

Supreme Court has cautioned against the public authorities changing the undertakings in government contracts merely due to the change of person in pow.....

Tags : Supreme Court, Alteration of Government Contracts

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CESTAT, Delhi: Service Tax Not Payable on Liquidated Damages(26.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Delhi has observed that service tax is not to be paid on liquidated damages recovered on the failu.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, service tax, contract

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Central Government Amends GFRs Permitting Payment of 75% Arbitral Amount to Contractors(10.11.2021)

Central Government has amended the General Financial Rules, 2017 (GFRs), followed by the government departments and agencies, to give effect to a Cabi.....

Tags : Central Government, Payment of Arbitral Award to Contractors

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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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Bombay HC: Threshold of Public Interest Must to Stop Bypassing of Civil Courts(29.03.2022)

Bombay High Court has held that a writ Court should not exercise its powers in contractual matters under Article 226 of the Constitution, unless the s.....

Tags : Bombay High Court, Public Interest, Civil Court, Judicial Review, Contractual Obligation

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Bombay HC: Contract Discharged by Settlement Can’t be Referred to Arbitration(18.08.2022)

Bombay High Court has held that once a settlement is arrived at by the parties, the contract between the parties stands discharged by mutual agreement.....

Tags : Bombay High Court, Arbitration, Contract, Settlement

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Del. HC: Judicial Review of Govt Contracts Permitted If Illegality in Decision Making Process Exists(06.09.2022)

Delhi High Court has held that scope of judicial review in matters of government contracts is limited and can only be exercised if there is patent unr.....

Tags : Delhi High Court, Government Contract, Illegality

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P&H HC Declines Protection to Couples in "Contractual Live-In-Relationship"(12.03.2021)

Punjab & Haryana High Court has declined protection to a couple, registering its disapproval of 'new concept of contractual Live-In-Relation' backed b.....

Tags : Punjab & Haryana High Court, "Contractual Live-In-Relationship"

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SC: Novation of Contract Cannot be Considered in Petition Under Section 11 Arbitration Act(07.04.2021)

Supreme Court has observed that the question of novation of contract containing an arbitration clause cannot be considered by the Court in a petition .....

Tags : Supreme Court, Novation of Contract

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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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AAR, Maharashtra: Composite Supply of Works Contract Not Covered Under Term Earth Work(19.04.2022)

Authority for Advance Ruling, Maharashtra has observed that the composite supply of works contract is not covered under the term Earth Work.

Tags : Authority for Advance Ruling, contract, Earth Work

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AAR, Maharashtra: GST Payable on Composite Supply of Work Contract Involving Earth Work(15.04.2022)

Authority of Advance Ruling (AAR), Maharashtra has ruled that goods and services tax (GST) is payable on the composite supply of work contracts involv.....

Tags : Authority of Advance Ruling, Composite Supply of Work Contract

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SC: Merely Having Explicit Clause Not Sufficient to Make Time Essence of The Contract(15.11.2021)

Supreme Court has observed that merely having an explicit clause may not be sufficient to make time the essence of the contract. The contractual claus.....

Tags : Supreme Court, Time Essence of Contract

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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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Delhi HC Upholds DRDO Decision to Bar Entities With Pending Criminal Cases from Defence Contracts(12.08.2022)

Delhi High Court has held that DRDO’s policy decision requiring the bidders for defence contracts to submit an undertaking that there is no ongoing en.....

Tags : Delhi High Court, DRDO, Defence Contracts, National Importance

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Gauhati HC: Second Marriage Contracted by Muslim Man with Hindu Woman is Void(13.09.2021)

Gauhati High Court has observed that section 4 of the Special Marriage Act, 1954 does not save a second marriage contracted by a Muslim male with a Hi.....

Tags : Gauhati High Court, Second Marriage Contracted by Muslim Man with Hindu Woman

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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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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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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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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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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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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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Telangana HC: Parties Cannot be Referred to Arbitration in Absence of Privity of Contract(28.04.2022)

Telangana High Court has observed that in the absence of a privity of contract parties cannot be referred to arbitration.

Tags : Telangana High Court, privity of contract, arbitration

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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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Punjab & Haryana HC: Appointment on Contractual Basis Without Public Advertisement Not Regularized(11.04.2022)

Punjab and Haryana High Court has observed that employees appointed on contractual basis sans any advertisement and contrary to the provisions of Arti.....

Tags : Punjab and Haryana High Court, contractual basis, advertisement, Article 14, Article 16, Constitution of India

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Andhra Pradesh High Court: Executed Power Contracts Cannot be Renegotiated(16.03.2022)

Andhra Pradesh High Court has held that executed power contracts cannot be renegotiated and asked the state to clear dues estimated at Rs 30,000 Crore.....

Tags : Andhra Pradesh High Court, Power Contracts

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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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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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HP HC: Contractual Workers Also Entitled to Benefits Under Maternity Benefits Act(20.07.2020)

Himachal Pradesh High Court has held that the benefit of maternity leaves is available to contractual employees also, with all consequential benefits,.....

Tags : Himachal Pradesh High Court, Maternity Benefit, Contractual Employees

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Gujarat HC: Scope of Judicial Review is Limited in Contractual Matters Involving Technical Issues(13.06.2022)

Gujarat High Court while refusing to interfere with order of Dispute Resolution Panel, has held that the scope of judicial review in contractual matte.....

Tags : Gujarat High Court, Contractual Matters, Technical Issues

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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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ITAT, Mumbai: Depreciation Allowable on Marketing Information and Non-Compete Fee(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the depreciation is allowable on intangible assets such as marketing information comprising of.....

Tags : Income Tax Appellate Tribunal, depreciation, intangible, marketing information, Commercial information, Customer data, Distribution network, Suppliers contract, Non-compete fees

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Chhattisgarh HC Restrains NTPC from Invoking Bank Guarantee Against Contracting Party(01.02.2022)

Chhattisgarh High Court has directed the National Thermal Power Corporation [NTPC] to try and amicably resolve a contractual dispute before proceeding.....

Tags : Chhattisgarh High Court, Bank Guarantee Against Contracting Party

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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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