consultancy Services Vs. Indore Development Authority ) (-5-)
"10.0 Modification of Contract
Modification of the terms and conditions of
this Contract, including any modification ... agreement reads as
under:-
"10.0 Modification of Contract
Modification of the terms and conditions of
this Contract, including any modification of the
scope
submitted
that as the compensation was not for termination of any contract or modification of
contract of business, the receipt would not fall within ... compensation received
either for termination of contract or modification of terms and conditions of
contract relating to assessee's business. He submitted
relation to such contract and there was no substitution of the original contract by a new contract, but there was only modification of the original ... contract.
A new contract comes into being. Hence an arbitration clause in the old contract will not apply to the new contract. In a broad
judgment however it cannot be possibly said that the modifications rescind the original contract dated 10-8-1950 in its entirety or that the arbitration ... clearly distinguishable.
In this case the subsequent arrangements are merely modifications of the original contract. The correspondence expressly refers to the Sale Note. The modifications
ratify a contract and
shall not make any alteration or
modification in a contract---
(a) unless it is satisfied that such
contract is unduly onerous ... ratify a contract and shall not make any alteration or
modification in the contract while ratifying it, unless it
is satisfied that such contract
Judge is not right in saying that because the modifications are permissible under the Contract of Assignment the Plaintiff had failed to prove the breach ... Counsel for the respondent has argued that Clause (b) of the Contract permits modifications to be made by the Director. Modifications actually made are made
goods. The buyer asserts that the new arrangement is a modification of the earlier contract. The dispute whether the new arrangement amounts to a modification ... case that the new arrangement amounted only to a modification of the original contract, such arrangement conferred new lights and imposed fresh liabilities
they agreed to deliver the sugarcane in their fields in modification of the contract earlier entered into and on such delivery the property ... learned Additional Government Pleader submitted that there was no alteration modification of the contract entered into between the petitioners and the sugarcane growers
letter. As regards Clause 32 of the General Condition of contracts the following modification was mentioned in this letter:--
"you will give the percentage ... With reference to Clause 32 of the General Conditions of Contracts and the modification mentioned in para (f) of the letter forwarding the tenders
workmen, instead of individual workmen, not only for the making or modification of contracts but in the matter of taking disciplinary action against ... workmen, instead of individual workman, not only for the making or modification of contracts but in the matter of taking disciplinary action against
