Article 8 in the Maintenance Agreement
which provides for the assignment and subcontracting of the
rights and obligation and the same reads as under ... assignment agreement can be
easily discerned:
a) That by way of article 8 of the maintenance agreement, the
assignment and/or subcontracting in general
Subcontracting. Clauses 3.1 and 3.2(i) read
as follows:
"3.0 - ASSIGNMENT AND SUBCONTRACTING:
3.1 - Assignment:
The Contractor shall not, except with the
previous consent ... transfer or
assign their obligations or interests in the Contract or any
part thereof in any manner whatsoever."
3.2 - Conditions for Subcontracting:
Concerning
words prior approval either in
respect of the subcontract or in respect of the assignment of the contract.
2.Then, there is a definite difference ... necessary.
There is undoubtedly a dichotomy in the concepts of subcontracting and
assignment of the contract. It is, therefore, obvious that for such
subcontracting, there
Further, Clause
13 stipulates that "The Contractor shall not assign, sublet or
subcontract any part ... Contract at any time during contract
period. Further, any Assignment/Subletting/Subcontracting, as
above shall be void ab initio and the Corporation shall have right
either on its own
in the said Commercial Complex or further assign/subcontract
the said work to any other Company(s). The Buyer further
agrees
Contractor and Contractor shall not have the right or ability to
subcontract, delegate, assign or otherwise transfer any rights
or obligations under this Agreement without ... reveals that Agilis does not have the
right or ability to subcontract, delegate, assign or otherwise transfer without
prior written consent of Megasoft, but what
that Clause 17.1 of the purchase order, which is
titled 'Assignment, Subcontracting', permits the buyer, viz., the plaintiff
company, to assign or reassign
stating that
the contractor shall not be entitled to sublet, transfer or assign,
the work under the contract without the prior consent of the
owner ... work.
3.17 Contractor shall not be entitled to sublet, subcontract or
assign; the work under this Contract without the prior consent
of the Owner obtained
Progress Rail Locomotive Inc. ... vs Deputy Commissioner Of Income-Tax ... on 28 May, 2024
Author
Progress Rail Locomotive ... vs Deputy Commissioner Of Income-Tax( ... on 28 May, 2024
Author: Yashwant
