It is thus to be seen that under the Karnataka Sales Tax Act the definition of the words “Works contract” is very wide. It is not restricted to a “Works contract” as commonly understood, i.e., a contract to do some work on behalf of somebody else. It also includes “any agreement for carrying out either for cash or for deferred payment or for any other valuable consideration, the building and construction of any moveable and immoveable property” (Emphasis supplied). The definition would, therefore, take within its ambit any type of agreement wherein construction of a building takes place either for cash or deferred payment, or valuable consideration. To be also noted that the definition does not lay down that the construction must be on behalf of an owner of the property or that the construction cannot be by the owner of the property. Thus, even if an owner of property enters into an agreement to construct for cash, deferred payment or valuable consideration a building or flats on behalf of anybody else it would be a Works contract within the meaning of the term as used under the said Act… Read More What is the meaning of Works contract
ne can Complain that the label did not contain “best before date” and hence the food item was misbranded, as it contravened R.32(i) of the Prevention of Food Adulteration Rules. Since the item involved in this case was having a short shelf life of less than three months, it was necessary to mention only the date of manufacture on the label. Therefore, the only violation alleged by the Public Analyst was that instead of showing “best before date” on the label, the food item in this case had the label “assurance 30 days”.
I may now consider as to whether by writing the words ‘assurance 30 days’ instead of ‘best before date’, it would contravene R.32(i) of the Prevention of Food Adulteration Rules, 1955. By using the words “best before date”, the meaning intended to be conveyed is that the consumer must use it before that date. I may now examine whether the public would be misguided by writing the words “assurance 30 days” instead of writing ‘best before date’ on the label. For that purpose, it is necessary to understand the meaning of the word “assurance”. In P. Ramanatha Aiyar’s Advanced Law Lexicon, fourth edition, the word ‘assurance’ in contract means “making secure” or “insure”. In Oxford Advanced Learner’s Dictionary of Current English, Ninth Edition, the synonym of the word ‘assurance’ is ‘guarantee’. Therefore, even though the terminology found in ‘assurance 30 days’ and ‘best before date’, differs in appearance, actually, no consumer would definitely be misguided, if he happens to see the words ‘assurance 30 days’. In the said circumstances, even if the words ‘best before date’ are not there and instead, the words assurance 30 days’ are there, it will not, in any way mislead the consumer, and hence by no stretch of imagination, it can be said that the product had been misbranded, particularly when the product was not adulterated.… Read More What is the meaning of ‘best before the date’ written on the body of a food container
Rajasthan Minor Mineral Concession Rules, 1986 -Rule 3(xiii-a) defines ‘Excess Royalty Collection Contract’ thus:
Excess Royalty Collection Contract” means a contract for specified mineral(s) and area given to collect royalty in excess of annual dead rent, on behalf of the Government from the holder of mining lease (s) under the contract whereunder the contractor shall pay a fixed amount annually to the Government as per terms of the contract.
‘Royalty Collection Contract’ is defined in Clause (xxi) of Rule 3 as follows:
Royalty Collection Contract” means a contract for the specific mineral or minerals given to collect royalty [with or without permit fee as the case may be] on behalf of the Government from the quarry licensees and short term permit holders who excavate minor minerals from the lands specified under the contract whereunder the contractor undertakes to pay fixed amount annually to the Government save as exempted under Rule 58;… Read More What is the meaning of Royalty Collection Contract
Bombay Securities Contracts Control Act, 1925. The words ‘ready delivery contract’ has been defined in Sub-section (4) of Section 3 of the said Act which reads as under: (4) ‘ready delivery contract’ means a contract for the purchase or sale of securities for performance of which no time is specified and which is to be… Read More What is the meaning of ‘ready delivery contract’
The observation of Lord Wright (on this subject) while delivering the judgment of the Privy Council in Mount Albert Borough Council v. Aus. T. and G Mutual Life Assurance Society Ltd. (1937) 4 All ER 206 at p. 214 (C). “The proper law of the contract means that law which the English or other court… Read More What is the meaning of ” proper law of the contract”
Forward Contracts (Regulation) Act, LXXIV of 1952, a ‘Forward Contract’ means a contract for the delivery of goods at a future date and which is not a ready delivery contract. A ‘Ready Delivery Contract’ for the purpose of the Act means a contract which provides for the delivery of goods and the payment of a… Read More What is the meaning of ‘Forward Contract’
Here we collected all the unique words used by the legislature for constituting and drafting The Indian Contract Act. We shall gradually explain the use and inherent meaning attached to each word. Abide Able About Absence Absents Absolute Absolutely Abstain Abstained Abstains Abstinence Accept Acceptance Accepted Accepting Acceptor Accepts According Accordingly Account Accounts Acquiescence Acquired… Read More Vocabulary used of Indian Contract Act
(a) Every vakalatnama in any cause, appeal or matter shall be executed by the party: Provided that a person, other than a party to the cause, appeal or matter, may file vakalatnama on the basis of Power of Attorney but shall annex original Power of Attorney with the vakalatnama.
In Shri Lachoo Mal v. Shri Radhey Shyam, (1971) 1 SCC 619 this Court while deciding whether an agreement was void and not enforceable under Section 23 of the Indian Contact Act held: What makes an agreement, which is otherwise legal, void is that its performance is impossible except by disobedience of law. Clearly no… Read More What makes an agreement, which is otherwise legal, void is that its performance is impossible except by disobedience of law.
A.S. Motors Pvt. Ltd. Vs. Union of India, (2013)10SCC114 Bharat Petroleum Corporation Ltd. Vs. Chembur Service Station,(2011)3SCC710 Bharat Sanchar Nigam Ltd. Vs. BPL Mobile Cellular Ltd.,(2008)13SCC597 Bharti Airtel Ltd. Vs. Union of India, 2015(6)SCALE479 Central Bank of India Vs. C.L. Vimla, 2015(5)SCALE615 Chloro Controls (I) P. Ltd. Vs. Severn Trent Water Purification Inc.,(2013)1SCC641 Citadel Fine… Read More Digest Indian Contract Act
KEYWORDS:- termination of contract- DATE:-March 09, 2018 When there was no arbitration agreement between the parties, without a joint memo or a joint application of the parties, the High Court ought not to have referred the parties to arbitration. SUPREME COURT OF INDIA Kerala State Electricity Board and ANR. Vs. Kurien E. Kalathil and ANR. [Civil… Read More Kerala State Electricity Board and ANR. Vs. Kurien E. Kalathil and ANR.[ALL SC 2018 MARCH]
KEYWORDS:-APPOINTMENT OF ARBITRATOR-STANDARD FORM OF CONTRACT- DATE:-January 05, 2018- Though general reference to an earlier contract is not sufficient for incorporation of an arbitration clause in the later contract, a general reference to a standard form would be enough for incorporation of the arbitration clause. The purchase order is a single contract and general reference… Read More M/s. Inox Wind Ltd. Vs. M/s. Thermocables Ltd [SC 2018 January]
Indian Contract Act 1872 Section 28 of the Contract Act was introduced on the recommendation of the Law Commission in order to remove the anomalies created by the earlier Act. The position of law settled before the amendment[ 1997 amendment to the Section] was that Section 28 would invalidate only a clause in an agreement which restricts a party… Read More Agreements in restraint of legal proceedings is void u/s 28
KEYWORDS: Concluded contract As there was no concluded contract, the decree passed by him awarding compensation to the plaintiff for breach of contract cannot be sustained AIR 1951 SC 184 : (1951) SCR 161 (SUPREME COURT OF INDIA) Col. D. I. Mac Pherson Appellant Versus M. N. Appanna and another Respondent (Before : Saiyid Fazl… Read More Col. D. I. Mac PhersonVersus M. N. Appanna and another [SC 1951 Feb]