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Vgrassp Services A Proprietorship Firm vs State Of Uttarakhand & Another on 1 October, 2021 cites

Satya Jain(D) & Ors vs Anis Ahmed Rushdie(D) Tr.Lrs.& Ors on 3 December, 2012

41. Nabha Power Limited (NPL)4 also took note of the earlier judgment of this Court in Satya Jain v. Anis Ahmed Rushdie (2013) 8 SCC 131, which discussed the principle of business 15 efficacy as proposed by Bowen, L.J. in the Moorcock (1889) LR 14 PD 64 (CA). It has been elucidated that this test requires that terms can be implied only if it is necessary to give business efficacy to the contract to avoid failure of the contract and only the bare minimum of implication is to be there to achieve this goal. Thus, if the contract makes business sense without the implication of terms, the courts will not imply the same.
Supreme Court of India Cites 16 - Cited by 121 - R Gogoi - Full Document

Lata Construction & Ors vs Dr. Rameshchandra Ramniklal Shah And ... on 12 August, 1999

15. Though, there were several other factual narrations and 7 facts which are made in the writ petition, but primarily the argument which has been extended by the learned Senior Counsel for the petitioner, was based upon the principles that the impugned order dated 29th September 2021, since being a 'novation', of a pre-existing and a concluded contract, as it was resulting into its substitution by a new contract and since both the contracts; being in contradiction and inconsistent to one another, the old contract dated 30th November 2020, could not have been substituted by an executive direction dated 29th September 2021 thereby calling upon the petitioner to enter into a new contract and hence he has made reference to a judgment as reported in 2000 (1) SCC 586, Lata Construction and others Vs. Dr. Rameshchandra Ramniklal Shah and another, particularly, he has drawn the attention of this Court and relied upon para 9 and 10 of the said judgement, which are extracted hereunder:-
Supreme Court of India Cites 2 - Cited by 395 - S S Ahmad - Full Document

Caretel Infotech Ltd. vs Hindustan Petroleum Corporation ... on 9 April, 2019

6. The burgeoning litigation in this field and the same being carried to this Court in most matters was the cause we set forth an epilogue in Caretel Infotech Ltd. v. Hindustan Petroleum Corporation Limited and Ors. Even if it amounts to repetition, we believe that it needs to be emphasized in view of the controversy arising in the present case to appreciate the contours within which the factual matrix of the present case has to be analysed and tested.
Supreme Court of India Cites 6 - Cited by 111 - S K Kaul - Full Document
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