employees of the Appellant have jointly prepared bidding documents for contracts,
negotiated and concluded the contract on behalf of the Appellant with its Indian
customers ... India.
Further, all the contracts were accepted and 'concluded' by the Appellant,
outside India. The power to negotiate, decide, vary and accept
preceding the contract could never be in furtherance
of that contract which was yet to materialise. Negotiations
for a contract and a concluded contract stand ... concluded contract stand apart from each
other. Anything at the negotiating stage cannot be claimed
as contract unless the contract is concluded between the
parties
negotiations if any, never re-
sulted in a concluded contract, and even if the negotiations
had been finalised, it had to be reduced into ... could not arrive at a concluded
contract; and even in the said negotiations on 6th May, 1979
matters remained unsettled and were not concluded
contract for sale of certain shares. Specific performance was asked of that contract. It appeared that after the contract was concluded further negotiations were started ... started would not have the effect of determining a concluded contract & that a concluded contract could be got rid of only by an agreement
concluded by the finding of the facts we cannot reopen the question concluded by the finding of the Tribunal, where was the contract concluded. Therefore ... error when it held that the assessee has negotiated and concluded the contract in British India.
It should be taken as well settled now that
assuming Adobe India is not an independent
agent, it does not negotiate contracts, conclude
contracts or secure orders in India and hence, is not
covered ... sufficient, by itself, to conclude that the person has exercised
in that State an authority to conclude contracts in the name
of the enterprise. This
parties to a finally concluded contract. .
76. No proceeding in specific performance can succeed unless a contract has actually been concluded. The burden of proving ... hold that there was no concluded contract."
80. The learned Trial Judge held that a concluded contract had been arrived at and the parties
obtaining sanction from the President
directed the respondent No.3 to conclude negotiated contract for supply of
Milk and Milk Products with NCDFI/NDDB/State ... pursuant to the letter dated 10.08.2015, the negotiated contract was, inter
alia, concluded with the petitioner No.1-Society as well.
It is also stated
contract is based on the finding that the contract in question was "lump sum contract" or a final negotiated concluded contract. Shri ... concluded contract between the partics. Distinction in such a case has to be made between a concluded contract and a continuing contract like a contract
been held that if an agent of a non-resident negotiates and concludes contract in India on behalf of non-resident, not more than ... conclude contracts and sign documents on behalf of the appellant RR Plc. He went on to submit that even in cases where contracts are negotiated
