waive the 'No Oral Modification Clause' impliedly by
making an oral modification to the terms of the contract. Any
amendment arising ... oral modification cannot
implicitly waive the 'No Oral Modification Clause'. However,
he opined that parties can waive the 'No Oral Modification
clause
take the shape of a concluded contract; that the
respondent did not accept the modification in writing; and the
arbitrators could not have inferred that
Yogender Kr. Sharma vs D D A on 8 August, 2023
IN THE COURT OF
further submitted that the
order by consent is not mere a contract
between the parties but is something more
because it is superadded ... consider that there
could be no novation, alternation or
modification of contract which forms part
of consent order/decree passed by the
Court
State Of Jharkhand Through The ... vs Webel Technology Limited on 2 March, 2023
Author: Anubha
possible interpretation of the contract. Any unreasonable
interpretation of the terms and considerations of the contract
would be a ground for setting aside ... necessary implication cannot support addition of a
term into the contract or modification of the Contract.
(vi) The criterion for implied term is that
contract clauses. ONGC vide these
letters also requested you to sign the contract, submit PBC and execute the
project in compliance of tender/contract clauses ... letters ONGC, as special case, has agreed to make the
modifications in the contract condition, as below:
1. To allow reimbursement of only CVD (Countervailing
contract clauses. ONGC vide these
letters also requested you to sign the contract, submit PBC and execute the
project in compliance of tender/contract clauses ... letters ONGC, as special case, has agreed to make the
modifications in the contract condition, as below:
1. To allow reimbursement of only CVD (Countervailing
respondent cannot seek the
relief of specific performance of contract or modification
of the impugned decree except by filing an appeal
learned counsel submits that the learned Arbitrator
has travelled beyond the contract of the parties and had committed
jurisdictional error while pronouncing the award ... through the work order
9
which was never modified by any modification of contract between the
parties, there was no scope for directing any additional
