Coal Companies
w.e.f. 9.11.1991 and during the currency of contract
period, you will be paid Rs. 1.65 per MT of Met.
Coke ... lesser the ash content/impurities, the higher the grade of coal.
The contract terms (the purchase order) gave only the
specifications of coke
security deposit payable by the appellant was
Rs.22,600/-. The contract required the work to be completed within
18 months from the date ... making on account payments for the work done as
required by the contract terms (delay of 19 months in
releasing the payment towards first part
Superintending
Engineer, Siruvani Project, Palghat, .the designated Arbitrator
in terms of the contract, was appointed as the sole Arbitrator.
By his award, which was published ... failure, although there was no provision for escalation of costs
in the contract. Under the said clause the appellant claimed
an amount
made invalid. The Court considered the provisions of Chapter X of the Contract Act as well as Sections 1(A) and 2 of the Powers ... power of attorney is essentially governed by Chapter X of the Contract Act . By reason of a deed of power of attorney, an agent
1996 is assailed in these appeals.
2. The appellant was awarded two contracts - the first for
construction of LRMR Aircraft Hangar and Airtech Hangar ... roads and
allied works at NAS Arakonam. In respect of the two contracts,
hereinafter referred to as the Hangar Contract and Road
Contract, the tenders
respondent, on the other hand, would contend that having regard to the
contract of voluntary retirement, the concerned employees having already
taken the benefits admissible ... retirement in terms of a scheme, when
accepted, leads to a concluded contract between the employer and the
employee. In terms of such a scheme
issue to the petitioner a formal notice for non-renewal of the contract and that shortly thereafter a communication was also received from the respondent ... advertisement and in soliciting its employees thereby was in violation of the contract expressly prohibiting solicitation and the petitioner has claimed damages amounting
that the defendant No. 1 failed to perform its part of the contract and even sent a letter dated 29.10.1996 to the plaintiff stating that ... again stated to have failed to perform the part of the contract and sent a letter dated 22.11.1996 claiming delay in imports which would result
1991 and the time for enforcing the contract against the defendants under the agreement of sate dated 24.11.1989 was fast approaching ... plaintiff proves that he is entitled to specific performance of the contract?
4. What order or decree?
ADDITIONAL ISSUES:
1. Whether the plaintiff proves that
commented:
When one speaks of the intention of the parties to the contract, one speaks objectively and the parties cannot themselves give direct evidence ... McCutcheon v. David MacBrayne Ltd. when under noted quotation from Gloag on Contract was approved:
The judicial task is not to discover the actual intentions
