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1 - 10 of 11 (0.53 seconds)Section 77 in Finance Act, 1999 [Entire Act]
Section 67 in Finance Act, 1999 [Entire Act]
Indian Companies Act, 1913
Bangalore Electricity Supply Company ... vs Es Solar Private Limited on 3 May, 2021
5. An agreement that is enforceable by law is a contract. It
comprises the joint intent of the parties and is in the realm of private
law. The MOU also clarifies that it is not a statutory contract. It has
hence to be understood by the intent of the parties to the contract. The
Apex Court in Bangalore Electricity Supply Company Limited
(BESCOM) Vs E.S. Solar Power Pvt. Ltd. & Ors. [Civil Appeal No.
9273 of 2019 / dated 03/05/2021], has summarized the broad
principles Authorities should follow while interpreting contracts.
Referring to various judgments, the Court held:
Smt. Kamala Devi vs Seth Takhatmal And Another on 21 February, 1963
16. The duty of the Court is not to delve deep into the
intricacies of human mind to explore the undisclosed
intention, but only to take the meaning of words used i.e.
to say expressed intentions (Smt. Kamala Devi vs. Seth
Takhatmal & Anr - 1964 (2) SCR 152). In seeking to
construe a clause in a Contract, there is no scope for
adopting either a liberal or a narrow approach, whatever
that may mean. The exercise which has to be undertaken is
to determine what the words used mean. It can happen that
in doing so one is driven to the conclusion that clause is
ambiguous, and that it has two possible meanings. In those
circumstances, the Court has to prefer one above the other
in accordance with the settled principles. If one meaning is
more in accord with what the Court considers to the
underlined purpose and intent of the contract, or part of it,
than the other, then the court will choose former or rather
than the later.
Bank Of India & Anr vs K.Mohandas & Ors on 27 March, 2009
Bank of
India and Anr. V. K. MohanDas and Ors [2009 5 SCC
313]. Every contract is to be considered with reference to
its object and the whole of its terms and accordingly the
whole context must be considered in endeavoring to collect
the intention of the parties, even though the immediate
object of inquiry is the meaning of an isolated clause. Bihar
State Electricity Board, Patna and Ors. v. M/s. Green
Rubber Industries and Ors [1990 (1) SCC 731].
Section 76 in Finance Act, 1999 [Entire Act]
The Great Eastern Shipping Co. Ltd. vs State Of Karnataka on 4 December, 2019
(emphasis added)
Further the Hon'ble Supreme Court in Great Eastern Shipping
Company Ltd. Vs State Of Karnataka [2020 (32) G.S.T.L. 3 (S.C.)]
held;