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"Notwithstanding anything to the contrary herein contained the Corporation shall be at liberty to terminate this agreement forthwith upon at any time after the happening of any of the following events namely: (a) (b) (i) if the dealer shall deliberately contaminate or tamper with the quality of any of the corporations products. " | contractclause |
�37.1.3 The Authority shall, if there be Senior Lenders, send a copy of its notice of Intention to issue a Termination Notice referred to in Clause 37.1.2 to inform the Lenders Representative and grant 15 (fifteen) days to the Lenders' Representative, for making a representation on behalf of the Senior Lenders stating the intention to substitute the Concessionaire in accordance with the Substitution Agreement. In the event the Authority receives such representation on behalf of Senior Lenders, it shall, in its discretion, either withhold Termination for a period not exceeding 180 (one hundred and eighty) days from the date of such representation or exercise its right of Suspension, as the case may be, for enabling the Lenders' Representative to exercise the Senior Lenders' Right of substitution in accordance with the Substitution Agreement: Provided that the Lenders' Representative may, instead of exercising the Senior Lenders' right of substitution, procure that the default specified in the notice is cured within the aforesaid period of 180 (one hundred and eighty) days, and upon such curing thereof, the Authority shall withdraw its notice referred to above and restore all the rights of the Concessionaire : Provided further that upon written request from the Lenders' Representative and the Concessionaire, the Authority shall extend the aforesaid period of 180 (one hundred and eighty) days by such further period not exceeding 90 (ninety) days, as the Authority may deem appropriate." Clause 37.2 dealt with termination for "Authority Default", i.e. any default on the part of NHAI. (iv) Clause 37.3 dealt with "Termination Payment". Sub- clauses 37.3.1, 37.3.2 and 37.3.3, thereunder, merit reproduction, thus: "37.3.1 Upon Termination on account of a Concessionaire Default during the Operation ,the Authority shall pay to the Concessionaire , by way of Termination Payment, an amount equal to 90% (ninety per cent) of the Debt Due less Insurance Cover, provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due. For the avoidance of doubt, the Concessionaire hereby acknowledges that no termination Payment shall be due or payable on account of a Concessionaire Default occurring prior to COD. 37.3.2 Upon Termination on account of an Authority Default, the Authority shall pay to the Concessionaire, by way of Termination Payment, an amount equal to: (a) Debt Due; and (b) 150% (one hundred and fifty per cent) of the Adjusted Equity. 37.3.3 Termination Payment shall become due and payable to the Concessionaire within 15 (fifteen) days of a demand being made by the Concessionaire to the Authority with the necessary particulars, and in the event of any delay, the Authority shall pay interest at the rate equal to 3% (three percent) above the Bank Rate on the amount of Termination Payment remaining unpaid; provided that such delay shall not exceed 90 (ninety) days. For the avoidance of doubt, it is expressly agreed that Termination Payment shall constitute full discharge by the Authority of its payment obligations in respect thereof hereunder. | contractclause |
.8 Termination 2.8.1. By the client The Client may, by not less tan sixty (60 days) written notice of termination to the Consultants may terminate this agreement provided that such notice is given after occurrence of any of the events specified in paragraph (a) through (f) of this clause 2.8.1.
a. If the PMC fails to remedy a failure in the performance of their obligations hereunder, as specified in notice of suspension pursuant to Clause 2.7 hereinabove, within thirty (30) days of receipt of such notice of suspension or within such further period as the Client may have subsequently approved in writing. b. If the PMC is in material breach of its obligations pursuant to this Agreement and has not remedied the same within forty five (45)days (or such longer period as the PMC may have subsequently approved in writing) following the receipt by the Client of the PMC's notice specifying such breach. c. If the PMC becomes insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary. d. If the PMC fails to comply with any final decision reached as a result of Settlement of Dispute proceeding pursuant pvr 72 sonawane-rng-rane-SRA-final.doc to clause 8 hereof.
e. If the PMC submit to the Client a statement which has a material effect on the rights, obligations or interest of the Client and which the PMC knows to be false.
f. If, as a result of Force Majeure, the PMC is unable to perform a material portion of the Services for a period of not less than ninety (90) days.
g. If the Dharavi Redevelopment Project for which the PMC is engaged is not implemented and/or stopped and abandoned by the State Government due to any change in law or litigation or for any reason whatsoever.
h. If it is found that the PMC has accepted any arrangement, jobs, services, favour or engaged by the Developer, Contractor who has bid for the project. | contractclause |
Clause 13-Termination 13.1 Termination of Agreement:
(a) In addition to the other provisions in this Agreement, Transporter may serve a notice of its intention to terminate this Agreement which the Transporter believes is the cause of the Event of Default upon the occurrence and continuation of any of the following event (each a "Shipper Event of Default"), unless any such event occurs as a result of a breach by the Transporter of its obligations under this Agreement or by an event of Force Majeure or, except as provided for in Clause 12:
i. the shipper fails to pay when due any amounts owed to the Transporter under this Agreement for which shipper has received the fortnightly invoice and where such failure continues for not less than 30 (thirty) days following the date on which such payment is due:
ii. the shipper fails to issue, extend, replenish or replace any shipper LC and Bank Guarantee as per Exhibit-E within the time period specified in this Agreement.
iii. The Shipper commits any other material breach of its obligations under this Agreement;
iv. If shipper become insolvent.
(b) In addition to the other provisions in this Agreement, Shipper may serve a notice of its intention to terminate either this Agreement which the Shipper believes in the cause of the event of default upon the occurrence and continuation of any of the following events (each a "Transporter Event of Default"), unless any such event occurs as a result of a breach by the shipper of its obligations under this Agreement or by an event of force majeure or, except as provided for in clause 12:
i. the transporter commits any material breach of its obligations under this agreement.
'ii. When, under this agreement, during any 90 (ninety) days, the shortfall quantity occurs for 5 (five) consecutive days or during any 365 (three hundred and sixty five days, the shortfall quantity occurs for consecutive 20 (twenty) days.
iii. If transporter becomes insolvent.
13.2 Termination procedure
a) Termination by the transporter i. Upon the occurrence and continuation of any shipper event of default, the transporter may deliver a notice (the "Shipper default notice") to the shipper. Following a shipper event of default, the transporter shall have the right to suspend the performance of its obligations under the agreement until such default has been cured in accordance with the provisions of this clause 13.2. Any non-performance by the transporter of its obligations under this Agreement, during such period of suspension shall not amount to a transporter event of default. | contractclause |
�18.If any sub standard of service or materials observed by our project in charge we are entitled to terminate your contract without any prior notice.� | contractclause |
"Clause 32.3: 'Concessionaire Event of Default (EOD): Upon Termination by MPRSNN on account of occurrence of Concessionaire Event of Default, the MPRSNN shall if it deems fit, subject to the rights of the lenders under the Substitution Agreement, substitute another Concessionaire to take over the Debts and subordinate Debts of the Project and maintain the facilities for the balance Concession Period. In such event MPRSNN reserves the right to substitute itself as Concessionaire. However, in the event of non-substitution of the Concessionaire as referred above, MPRSNN shall pay to the Lenders subject to the provisions in the Escrow Account (Project Construction Escrow Account and Toll Escrow Account), by way of Termination Payment an amount equal to 90% (Ninety Percent) of the Debt Due less pending insurance claims, if any. Provided that in the event some insurance claims are not admitted, then 80% of the amount of such claims shall qualify for being included in the computation of Debt Due." Termination on account of default of MPRSNN is contemplated under Clause 32.4.2, to mean as under:- "Clause 32.4.2: Termination of MPRSNN Event of Default: Upon Termination by the Concessionaire on account of an MPRSNN Event of Default, the termination payments shall be made by MPRSNN, a sum equal to: (i) Debt due less pending insurance claims, if any. Provided that in the event some insurance claims are not admitted, then 80% of the amount of such claims shall qualify for being included in the computation of Debt Due and; (ii) The entire Subordinated Debt (including interest accrued but not paid upto the date of termination and excluding debt forming part of Equity) less pending insurance claims, if any.
Provided that in the event some insurance claims are not admitted, then 80% of the amount of such claims shall qualify for being included in the computation of Debt Due and;
(iii) 100% (One Hundred Per Cent) of the Equity (subscribed in cash and actually spent on the Project but excluding the amount of Grant/Subsidy referred to in Clause 23) if such Termination occurs at any time during two years commencing from the Commencement Date and for each successive years thereafter, such amount shall be adjusted every year to fully reflect the change in WPI during such year, and the adjusted amount so arrived at shall be determined. | contractclause |
TERMINATION AND CONSEQUENCE OF TERMINATION: 33. Notwithstanding anything contained herein, School reserves the right to terminate the services of the Contractor, as School may deem proper, for reason of Contractor not carrying out its obligations set-out in this Agreement and/or for reason of any material breach of this Agreement, and Contractor agrees to pay School the damages resulting out of disruption of Transport Services in case of such termination. The Contractor shall be said to materially breach the Agreement if it fails to provide the level of services prescribed in this Agreement including but not limited to the following defaults: a. Failure to maintain a 99% success rate at adhering with the timelines as per the rosters provided by School to pick up and drop the students. For these purposes, the performance of the Contractor will be assessed every quarter. b. Failure to maintain the Buses (i.e. Contractor Buses and School Buses) as stated in this Agreement; c. In the event of any accident resulting in injury or death of any student or employee of School; d. In the event the Buses are overloaded beyond the legally permissible capacity of the buses; e. In the event the Transport Personnel engaged by the Contractor do not fulfil the 'Minimum Conditions for Transport Personnel' set out in the Agreement; f. In the event of breach of any other 'Conditions of Service' set out in this Agreement; g. Any failure to comply with any and all statutory obligations; and h. Failure to maintain insurance. 34. This Agreement can be terminated by the School by giving two months written notice to the Contractor. The Contractor can terminate this Agreement only in the event the School is in breach of its obligation pertaining to payment of Contractor Fee subject to the Contractor providing prior two months written notice to the School. 35. Upon termination for any reason whatsoever, Contractor shall be liable to refund outstanding amount of advance received from School." | contractclause |
"Clause 13-Termination 13.1 Termination of Agreement: (a) In addition to the other provisions in this Agreement, Transporter may serve a notice of its intention to terminate this Agreement which the Transporter believes is the cause of the Event of Default upon the occurrence and continuation of any of the following event (each a "Shipper Event of Default"), unless any such event occurs as a result of a breach by the Transporter of its obligations under this Agreement or by an event of Force Majeure or, except as provided for in Clause 12: i. the shipper fails to pay when due any amounts owed to the Transporter under this Agreement for which shipper has received the fortnightly invoice and where such failure continues for not less than 30 (thirty) days following the date on which such payment is due: ii. the shipper fails to issue, extend, replenish or replace any shipper LC and Bank Guarantee as per Exhibit-E within the time period specified in this Agreement. iii. The Shipper commits any other material breach of its obligations under this Agreement; iv. If shipper become insolvent. (b) In addition to the other provisions in this Agreement, Shipper may serve a notice of its intention to terminate either this Agreement which the Shipper believes in the cause of the event of default upon the occurrence and continuation of any of the following events (each a "Transporter Event of Default"), unless any such event occurs as a result of a breach by the shipper of its obligations under this Agreement or by an event of force majeure or, except as provided for in clause 12: i. the transporter commits any material breach of its obligations under this agreement. ii. When, under this agreement, during any 90 (ninety) days, the shortfall quantity occurs for 5 (five) consecutive days or during any 365 (three hundred and sixty five days, the shortfall quantity occurs for consecutive 20 (twenty) days. iii. If transporter becomes insolvent. 13.2 Termination procedure a) Termination by the transporter i. Upon the occurrence and continuation of any shipper event of default, the transporter may deliver a notice (the "Shipper default notice") to the shipper. Following a shipper event of default, the transporter shall have the right to suspend the performance of its obligations under the agreement until such default has been cured in accordance with the provisions of this clause 13.2. Any non-performance by the transporter of its obligations under this Agreement, during such period of suspension shall not amount to a transporter event of default. | contractclause |
"Termination: Notwithstanding anything contained hereinabove this contract can be terminated by WEBEL with three months' notice in writing on account of the failure of the Government of Jharkhand to reimburse the minimum committed monthly revenue as specified above. The IT Ministry can terminate this contract with three months' notice in the event of any change in the statutes of the State and/or any policy shift. In the event of any such termination the IT Ministry is liable to reimburse to WEBEL, a sum equivalent to 6(Six) month's revenue as compensation. In the event of the contract being terminated in advance WEBEL will not be liable to transfer the facilities so established to the IT Ministry." | contractclause |
32.4 Termination for MSRDC Event of Default. CARBP371.17.doc 32.4.1 The Concessionaire may after giving 90 (ninety) days notice in writing to MSRDC terminate this Agreement upon the occurrence and continuation of any of the following events (each a MSRDC Event of Default) unless any such MSRDC Event of Default has occurred as a result of Concessionaire Event of Default or due to Force Majeure Event. (1) MSRDC is in breach of this Agreement and such breach has a Material Adverse Effect on the Concessionaire and MSRDC has failed to cure such breach or take effective steps for curing such breach within 90 (ninety) days of receipt of notice in this behalf from the Concessionaire (2) MSRDC repudiates this Agreement or otherwise evidences an irrevocable intention not to be bound by this Agreement (3) MSRDC or GOM or any Government Agency have by an act of commission or omission created circumstances that have a Material Adverse Effect on the performance of its obligations by the Concessionaire and have failed to cure the same within 90 (ninety) days of receipt of notice by MSRDC in this behalf from the Concessionaire (4) MSRDC has delayed any payment that has fallen due under this Agreement if such delay exceeds 90 (ninety) days. | contractclause |
"37.3.1 Upon Termination on account of a Concessionaire Default during the Four laning of Bhubaneswar-Puri Section from Km 0.00 to Km 59.00 of NH-203 in the 116 State of Orissa to be executed as BOT (Toll) project on DBFOT pattern under NHDP Operation Period, the Authority shall pay to the Concessionaire, by way of Termination Payment, an amount equal to 90% (ninety per cent) of the Debt Due less Insurance Cover; provided that if any insurance claims forming part of the Insurance Cover are not admitted and paid, then 80% (eighty per cent) of such unpaid claims shall be included in the computation of Debt Due. For the avoidance of doubt, the Concessionaire hereby acknowledges that no Termination Payment shall be due or payable on account of a Concessionaire Default occurring prior to COD. 37.3.2 Upon Termination on account of an Authority Default, the Authority shall pay to the Concessionaire, by way of Termination Payment, an amount equal to: (a) Debt Due; and (b) 150% (one hundred and fifty per cent) of the Adjusted Equity." | contractclause |
"6. Only on the completion and full payment of the entire consideration amount, the sale deed shall be executed and registered in the name of the company.
xxx xxx xxx 8(a) Without prejudice to the rights of the State Bank of India or any other financing agency approved by the Government as first mortgagees, Government have a second charge on the land, buildings, plant and machinery which shall be converted into a first charge when the obligation of the financing agencies are liquidated.
8(b) If the Financing Institutions were to advance more than 60% of the value of the land, building, machinery and structure, prior agreement of the Government will be required.
xxx xxx xxx
13. The company shall bear, pay and discharge all existing and further amounts, duties, imposing and out-going of whatsoever rates, taxes imposed or charged upon the premises or upon the occupier in respect thereof from the date of taking possession.
*** *** ***
(s) Till such time as the ownership of the property is transferred to the Company in the manner mentioned above the property shall continue to remain the property of the Government. | contractclause |
"Clause 6.9 The Applicant understands that the Company have the right to raise finance from any bank/financial institution/body Corporate and for this purpose it can create equitable mortgage or charge or hypothecation on the leased land and the construction thereon in process or on the completed construction, in favour of one or more such institutions. However,�the company will ensure that any such charge, if created, is vacated before execution of the indenture of Conveyance of the said premises in favour of the applicant/allottee." | contractclause |
"The Mortgagors shall sell the flats from time to time under the building agreement, they will at once notify that fact to the Bank in�writing and cause every such sum of money received as sale consideration therefrom in repayment of the Bank's loan by depositing the said sale consideration in the said account No.4200 with Gunbow Street Branch of the Bank, moreover that Mortgagors shall ensure that all its Flat Purchasers shall draw all the cheques/Pay Orders/Demand Drafts in favour of "Motwani Builders Account No.4200" being the designated account of the Bank, as also ensure that all receivables from this project of "Fairmont Towers" shall be deposited in the said designated account. That Mortgagor Builder shall insert such a clause in their Standard Agreement to be executed with various Flat/shop/garage purchasers and get the same approved by the Legal Consultants of the Bank." | contractclause |
Whereas the SELLERS agreed to sell the property to the PURCHASER for a sale consideration of Rs. 1,25,000/- (Rupees One lakh and twenty five thousand only) and the PURCHASER also agreed to purchase the same.
Now this agreement witnesseth as follows:
The PURCHASER has paid a sum of Rs. 25,000/- as advance, the receipt of which sum the SELLERS acknowledge The PURCHASER agreed to pay the remaining sale consideration within a period of six months from this day of agreement to the SELLERS and to bear the cost of stamp duty. On receipt of the balance sale consideration, the SELLERS agreed to execute sale deed pertaining to the property free from all encumbrances to the PURCHASER or to his nominee.
If the SELLERS fail to complete the Sale, the advance amount shall be forfeited.
If the PURCHASER is ready and willing to complete the Sale and the SELLERS refuse or delay to execute Sale, the PURCHASER is at liberty to proceed before the Court of law and to get the sale completed and to get possession of the property through Court under the Specific Relief Act., holding the SELLERS liable for the loss.� Further, on 8 March 1990, the appellants issued a receipt for an additional sum of Rs. 10,000 as advance from the respondent:
�On this day of 8th March 1990 we received a sum of Rs. 10,000/- (Rupees Ten thousand only) from you in the PART C presence of the witnesses for our urgent family expenses in addition to the advance amount received under the sale agreement dated 07.02.1990.� | contractclause |
�That the lessor will on the written request of the lessee made two calendar months before the expiry of the terms hereby created, and if there shall not at the time of such request by any existing breach or non-observance of any of the covenants on the part of lessee herein before contained, grant to it a tenancy of the demised premises for a further term of twenty years from the expiration of the said term at the rent of Rs. 50/- per month and containing the like covenants and provisos as are herein contained including a clause for renewal for the further term of twenty years at 10% increase in rental and containing the like covenants and provisos as are herein contained so as to give the lessee in its option two further renewals each of twenty years.�
| contractclause |
"17. LENDER has the right to appropriate any moneys paid by the BORROWERS as per order of priorities to be decided at the sole discretion of the LENDER and the LENDER has power to appropriate such moneys first against all amounts due to the LENDER which is secured by the mortgage of deposit of title deeds including the instalments not due, all interest and other amounts due to the LENDER. 18. BORROWERS hereby agree to redeem the simple registered mortgage by resort to the provisions of Section 69 of the Transfer of Property Act and only after the BORROWERS have satisfied in full all amounts due and outstanding, secured under the mortgage of deposit of title deeds including instalments not due, all interest and other amounts due to the LENDER." | contractclause |
�3.The Vendor hereby declares that the said land agreed to be sold is free from any encumbrance, attachment, charge or other claims, rights and demands, and is not affected by any notice or scheme of acquisition or requisition and that the Vendors have among themselves the full power and absolute authority to sell and deal with the said land. The Vendor shall at his own expense effectually indemnify and keep indemnified the purchasers from and against all claims, demands, losses, damages, cost and expenses, if any and whatsoever, sustained, incurred or suffer by the Purchaser, on account of any defect in the title of the Vendor or any change or encumbrance or any scheme of acquisition or requisition affecting the land hereby contracted to be sold. | contractclause |
Whereas the SELLERS agreed to sell the property to the PURCHASER for a sale consideration of Rs. 1,25,000/- (Rupees One lakh and twenty five thousand only) and the PURCHASER also agreed to purchase the same.
Now this agreement witnesseth as follows:
The PURCHASER has paid a sum of Rs. 25,000/- as advance, the receipt of which sum the SELLERS acknowledge The PURCHASER agreed to pay the remaining sale consideration within a period of six months from this day of agreement to the SELLERS and to bear the cost of stamp duty. On receipt of the balance sale consideration, the SELLERS agreed to execute sale deed pertaining to the property free from all encumbrances to the PURCHASER or to his nominee.
If the SELLERS fail to complete the Sale, the advance amount shall be forfeited.
If the PURCHASER is ready and willing to complete the Sale and the SELLERS refuse or delay to execute Sale, the PURCHASER is at liberty to proceed before the Court of law and to get the sale completed and to get possession of the property through Court under the Specific Relief Act., holding the SELLERS liable for the loss.� Further, on 8 March 1990, the appellants issued a receipt for an additional sum of Rs. 10,000 as advance from the respondent:
�On this day of 8th March 1990 we received a sum of Rs. 10,000/- (Rupees Ten thousand only) from you in the PART C presence of the witnesses for our urgent family expenses in addition to the advance amount received under the sale agreement dated 07.02.1990.� | contractclause |
�And also, in consideration of the yearly lease rent hereby reserved and the covenants provisions� and agreement herein contained and on the part of the Lessee. to be respectively paid observed and performed, the Lessor doth hereby demise on lease to the lessee! that plot of land numbered as Group Housing Plot No.GH-5/B, Sector-137, In the NOIDA, Distt. Gautam Budh Nagar (U.P.) contained by measurement 22,565.77 Sq. mtrs. be the same a little more or less and bounded:
On the North by : As per Site On the South by : As per Site On the East by : As per Site On the West by : As per Site And the said plot is more clearly delineated and shown In the attached plan and therein marked red.
TO HOLD the said plot (hereinafter referred to as the demised premises with their appurtenances up to the lessee for the term of 90 (ninety) years commencing from 30, JULY, 2010 except and always reserving to the Lessor.
a) A right to lay water mains, drains, sewers or electrical wires under or above the demised premises, if deemed necessary by the Lessor in developing the area.
b) The Lessor reserves the right to all mine and minerals, claims, washing goods, earth oil, quarries, over & under the allotted plot and full right and power at the time to do all acts and things which may be necessary or expedient for the purpose of searching for working and obtaining removing and enjoy the same Without providing or leaving any vertical support for the surface of the residential plot or for any building for the lime being standing thereon provided always that the lessor shall make reasonable compensation to the Lessee for all damages directly occasioned by the exercise of such rights. To decide the amount of reasonable compensation the decision of the Lessor will be final and binding on the Lessee.
(II) AND THE LESSEE DOTH HEREBY DECLARE AND CONVENANTS WITH THE LESSOR IN THE MANNER FOLLOWING: .
a) Yielding and paying therefore yearly in advance during the said term unto the lessor In the month of MARCH for each year the yearly lease rent indicated below: -
(i) Lessee has paid Rs. 46,14,699;96 say Rs.46,14,700,00 as lease rent being 1% of the plot premium for the first 1O years of lease period.
(ii) The lease rent may be enhanced by 50% after every 10 years i.e., 1.5 times of the prevailing lease rent.
(ii) The lease rent shall be payable In _advance every year. First such payment shall fall due on the date of execution of lease deed and thereafter, every year, on or before the last date of previous financial year.
(iv) Delay In payment of the advance lease rent will be subject to Interest @14% per annum compounded half yearly on the defaulted amount for the defaulted period.
(v) The lessee has the option to pay lease rent equivalent to 11 years @ 1 % of the premium of the plot per year as 'One Time Lease Rent unless the Lessor decides to withdraw this facility: On payment of One Time Lease Rent, no further annual lease rent would be required to be paid for the balance lease� period. This option may be exercised at any time during the lease period provided the lessee has paid the earlier lease right due and lease rent already paid will not be considered� in One Time Lease Rent option.
b) The Lessee shall be liable to pay all rates, taxes, charges and assessment leviable by whatever name called for every description in respect of the plot of land or building constructed thereon assessed or Imposed from time to time by the lessor or any Authority/ Government. In exceptional circumstances the time of deposit for the payment due may be extended by_the lessor. But in such case of extension of time an interest@ 14% p.a. compounded every half yearly shall be charged for the defaulted amount for such delayed period. In case lessee fails to pay the above charges it would be obligatory on the part or Its members/ sub lessee to pay proportional charges for the allotted areas.
c) The Lessee shall use the allotted plot for construction of Group Housing, however, the lessee shall be entitled to a lot the dwelling unit on sublease basis to its allottee and also provide space for facilities like Roads, Parks etc. as per their requirements, convenience with the allotted plot, fulfilling requirements or building bye-laws and prevailing and under mentioned terms and conditions to the lessor. | contractclause |
"13. Delays Due to Force Majeure In the event of causes of Force Majeure occurring within the agreed delivery terms, the delivery dates can be extended by the Purchaser on receipt of application from the Seller without imposition of penalty. Only those causes which depend on natural calamities wars and national strikes which have duration of more than seven consecutive calendar days and Government Acts and other direct legislative enforcement are considered the causes of Force Majeure. The Seller must advise the Purchaser by a registered letter duly certified by the local Chamber of Commerce or statutory authorities, the beginning and the end of such cases of delay immediately, but in no case later than 10 days from the beginning and end of each cause of such Force Majeure condition defined above." | contractclause |
12.3 Force Majeure �Force Majeure� means any event or circumstance or combination of events and circumstances including those stated below that wholly or partly prevents or unavoidably delays an Affected Party in the performance of its obligations under this Agreement, but only if and to the extent that such events or circumstances are not within the reasonable control, directly or indirectly, of the Affected Party and could not have been avoided if the Affected Party had taken reasonable care or complied with Prudent Utility Practices: i. Natural Force Majeure Events: act of God, including, but not limited to lightning, drought, fire and explosion (to the extent originating from a source external to the Site), earthquake, volcanic eruption, landslide, food, cyclone, typhoon, tornado, or exceptionally adverse weather conditions which are in excess of the statistical measures for the last hundred (100) years, ii. Non-Natural Force Majeure Events: Direct Non-Natural Force Majeure Events Nationalization or compulsory acquisition by any Indian Government Instrumentality or any material assets or rights of the Seller or the Seller�s contractors; or The unlawful, unreasonable or discriminatory revocation of, or refusal to renew, any Consent required by the Seller or any of the Seller�s contractors to perform their obligations under the Project Documents or any unlawful, unreasonable or discriminatory refusal to grant any other consent required for the development/ operation of the Project, provided that an appropriate court of law declares the revocation or refusal to be unlawful, unreasonable and discriminatory and strikes the same down; or Any other unlawful, unreasonable or discriminatory action on the part of an Indian Government Instrumentality which is directed against the Project, provided that an appropriate court of law declares the revocation or refusal to be unlawful, unreasonable and discriminatory and strikes the same down. Indirect Non � Natural Force Majeure Events Any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action; or Radio active contamination or ionising radiation originating from a source in India or resulting from another Indirect Non Natural Force Majeure Event excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the site by the affected party or those employed or engaged by the affected party; or Industry wide strikes and labor disturbances having a nationwide impact in India. | contractclause |
"8.3 Force Majeure Events": (a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party affected by such delay or failure, including the occurrence of any of the following: (i) Acts of God; (ii) Typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, plague or other natural calamities; (iii) Strikes, work stoppages, work slowdowns or other labour dispute which affects a Party's ability to perform under this Agreement; (iv) Acts of war (whether declared or undeclared), invasion or civil unrest; (v) Any requirement, action or omission to act pursuant to any judgment or order of any court or judicial authority in India (provided such requirement, action or omission to act is not due to the breach by the SPD or CESCOM of any Law or any of their respective obligations under this Agreement); (vi) Inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; (emphasis supplied) (vii) Fire, Earthquakes, explosions, accidents, landslides; (viii) Expropriation and/or compulsory acquisition of the Project in whole or in part; (ix) Chemical or radioactive contamination or ionizing radiation; or (x) Damage to or breakdown of transmission facilities of either Party; | contractclause |
"8.b Force Majeure: " That, however, if the handing over of possession of the plot is delayed for reasons of "Force Majeure" or circumstances beyond the control of the Developers or because of any notice or order of the Government, including slow down strike, civil commotion or by reason of war, enemy or terrorist action or an act of God, delay in the grant of completion certificate by the Government and/or any other public or competent authority, the Developers shall be entitled to a reasonable extension of time in the agreed date for delivery of possession of the plot." | contractclause |
4.3 PROCESS TO BE CONFIDENTIAL Judgment of Appeal Nos. 292 & 323 of 2018 Information relating to the examination, evaluation and comparison of bids and recommendations shall be treated confidential and shall not be disclosed to entities or any other person. | contractclause |
"Licensee shall keep secret and confidential and use its best endeavours to prevent disclosure of the Know-How and to limit access thereto such of its employees or such others (including permitted sub-licensees under Clause 13) as reasonably require the same for the purpose for which the Know-How is stated in Clause 3 to be supplied and without prejudice to the extent of the foregoing obligation shall in particular take all measures by contract and otherwise which a prudent, determined and reasonable owner of the rights in the Know-How acting in his own interests and desiring to protect such rights, would take to ensure that the Know-How is not disclosed by those to whom disclosure is made in accordance with the provisions of this clause." | contractclause |
28. Confidentiality -28.1 Information relating to the evaluation of Bids and recommendation of Contract award, shall not be disclosed to Bidders or any other persons not officially concerned with such process until information on Contract award is communicated to all Bidders in accordance with ITB 42. | contractclause |
14.1 Arbitration Procedure - Any dispute controversy, claims or disagreement of any kind whatsoever between or among the Parties in connection with or arising out of this Agreement or the breach, termination or invalidity or the execution or interpretation hereof ('Dispute') shall be referred to and finally resolved by arbitration. The arbitration proceedings shall be governed by the Rules of Arbitration and Conciliation of the International Chamber of Commerce by a panel of three arbitrators to be designated as per the said Rules. The parties commit to honour the arbitration award as soon as issued. This Agreement and the�rights and obligations of the Parties shall remain in full force and effect pending the award in such arbitration proceeding, which award, if appropriate, shall determine whether and when any termination shall become effective. | contractclause |
"26.3 A request for interim relief made by a party to a judicial authority prior to the constitution of the Tribunal, or in exceptional circumstances thereafter, is not incompatible with these Rules.? [Rule 30.3 of SIAC Rules, 2016 is similarly worded to Rule 26.3 quoted above.] | contractclause |
They relied on Clause 44 of the agreement which reads as under : "All or any disputes arising out of, or touching upon, or in relations to the terms of this agreement, including the interpretation and validity of the terms thereof, and the respective rights and obligations of the parties shall be settled amicably by mutual discussion, failing which, the same shall be settled through arbitration." | contractclause |
The Tender Paper ELCORE contains the subclause 1.2 .54 which provides under subclause (k) the �Venue for Arbitration shall be the place from which the Letter of Acceptance of Tender is issued or such other place as the purchaser at his discretion may determine.� | contractclause |
Under clause 18 of the agreement, the parties have agreed to have the jurisdiction of the Courts of the State of Delhi as Court of jurisdiction. The said clause reads thus: "18. Governing Law: This agreement shall be governed by and construed in accordance with the laws of Republic of India and the parties hereto unconditionally submit to the exclusive jurisdiction of the Courts of the state of Delhi." | contractclause |
"ARTICLE 10 -�Disputes and Arbitration 10.1 The parties shall amicably settle any disagreement or dispute which may arise between them. In any case that the dispute cannot be settled amicably, then it shall be submitted to the International Chamber of Commerce in Geneva (Switzerland). | contractclause |
"6. Only on the completion and full payment of the entire consideration amount, the sale deed shall be executed and registered in the name of the company.
xxx xxx xxx 8(a) Without prejudice to the rights of the State Bank of India or any other financing agency approved by the Government as first mortgagees, Government have a second charge on the land, buildings, plant and machinery which shall be converted into a first charge when the obligation of the financing agencies are liquidated.
8(b) If the Financing Institutions were to advance more than 60% of the value of the land, building, machinery and structure, prior agreement of the Government will be required.
xxx xxx xxx
13. The company shall bear, pay and discharge all existing and further amounts, duties, imposing and out-going of whatsoever rates, taxes imposed or charged upon the premises or upon the occupier in respect thereof from the date of taking possession.
*** *** ***
(s) Till such time as the ownership of the property is transferred to the Company in the manner mentioned above the property shall continue to remain the property of the Government. | contractclause |
"Clause 6.9 The Applicant understands that the Company have the right to raise finance from any bank/financial institution/body Corporate and for this purpose it can create equitable mortgage or charge or hypothecation on the leased land and the construction thereon in process or on the completed construction, in favour of one or more such institutions. However,�the company will ensure that any such charge, if created, is vacated before execution of the indenture of Conveyance of the said premises in favour of the applicant/allottee." | contractclause |
"The Mortgagors shall sell the flats from time to time under the building agreement, they will at once notify that fact to the Bank in�writing and cause every such sum of money received as sale consideration therefrom in repayment of the Bank's loan by depositing the said sale consideration in the said account No.4200 with Gunbow Street Branch of the Bank, moreover that Mortgagors shall ensure that all its Flat Purchasers shall draw all the cheques/Pay Orders/Demand Drafts in favour of "Motwani Builders Account No.4200" being the designated account of the Bank, as also ensure that all receivables from this project of "Fairmont Towers" shall be deposited in the said designated account. That Mortgagor Builder shall insert such a clause in their Standard Agreement to be executed with various Flat/shop/garage purchasers and get the same approved by the Legal Consultants of the Bank." | contractclause |
Whereas the SELLERS agreed to sell the property to the PURCHASER for a sale consideration of Rs. 1,25,000/- (Rupees One lakh and twenty five thousand only) and the PURCHASER also agreed to purchase the same.
Now this agreement witnesseth as follows:
The PURCHASER has paid a sum of Rs. 25,000/- as advance, the receipt of which sum the SELLERS acknowledge The PURCHASER agreed to pay the remaining sale consideration within a period of six months from this day of agreement to the SELLERS and to bear the cost of stamp duty. On receipt of the balance sale consideration, the SELLERS agreed to execute sale deed pertaining to the property free from all encumbrances to the PURCHASER or to his nominee.
If the SELLERS fail to complete the Sale, the advance amount shall be forfeited.
If the PURCHASER is ready and willing to complete the Sale and the SELLERS refuse or delay to execute Sale, the PURCHASER is at liberty to proceed before the Court of law and to get the sale completed and to get possession of the property through Court under the Specific Relief Act., holding the SELLERS liable for the loss.� Further, on 8 March 1990, the appellants issued a receipt for an additional sum of Rs. 10,000 as advance from the respondent:
�On this day of 8th March 1990 we received a sum of Rs. 10,000/- (Rupees Ten thousand only) from you in the PART C presence of the witnesses for our urgent family expenses in addition to the advance amount received under the sale agreement dated 07.02.1990.� | contractclause |
�That the lessor will on the written request of the lessee made two calendar months before the expiry of the terms hereby created, and if there shall not at the time of such request by any existing breach or non-observance of any of the covenants on the part of lessee herein before contained, grant to it a tenancy of the demised premises for a further term of twenty years from the expiration of the said term at the rent of Rs. 50/- per month and containing the like covenants and provisos as are herein contained including a clause for renewal for the further term of twenty years at 10% increase in rental and containing the like covenants and provisos as are herein contained so as to give the lessee in its option two further renewals each of twenty years.�
| contractclause |
"17. LENDER has the right to appropriate any moneys paid by the BORROWERS as per order of priorities to be decided at the sole discretion of the LENDER and the LENDER has power to appropriate such moneys first against all amounts due to the LENDER which is secured by the mortgage of deposit of title deeds including the instalments not due, all interest and other amounts due to the LENDER. 18. BORROWERS hereby agree to redeem the simple registered mortgage by resort to the provisions of Section 69 of the Transfer of Property Act and only after the BORROWERS have satisfied in full all amounts due and outstanding, secured under the mortgage of deposit of title deeds including instalments not due, all interest and other amounts due to the LENDER." | contractclause |
�3.The Vendor hereby declares that the said land agreed to be sold is free from any encumbrance, attachment, charge or other claims, rights and demands, and is not affected by any notice or scheme of acquisition or requisition and that the Vendors have among themselves the full power and absolute authority to sell and deal with the said land. The Vendor shall at his own expense effectually indemnify and keep indemnified the purchasers from and against all claims, demands, losses, damages, cost and expenses, if any and whatsoever, sustained, incurred or suffer by the Purchaser, on account of any defect in the title of the Vendor or any change or encumbrance or any scheme of acquisition or requisition affecting the land hereby contracted to be sold. | contractclause |
Whereas the SELLERS agreed to sell the property to the PURCHASER for a sale consideration of Rs. 1,25,000/- (Rupees One lakh and twenty five thousand only) and the PURCHASER also agreed to purchase the same.
Now this agreement witnesseth as follows:
The PURCHASER has paid a sum of Rs. 25,000/- as advance, the receipt of which sum the SELLERS acknowledge The PURCHASER agreed to pay the remaining sale consideration within a period of six months from this day of agreement to the SELLERS and to bear the cost of stamp duty. On receipt of the balance sale consideration, the SELLERS agreed to execute sale deed pertaining to the property free from all encumbrances to the PURCHASER or to his nominee.
If the SELLERS fail to complete the Sale, the advance amount shall be forfeited.
If the PURCHASER is ready and willing to complete the Sale and the SELLERS refuse or delay to execute Sale, the PURCHASER is at liberty to proceed before the Court of law and to get the sale completed and to get possession of the property through Court under the Specific Relief Act., holding the SELLERS liable for the loss.� Further, on 8 March 1990, the appellants issued a receipt for an additional sum of Rs. 10,000 as advance from the respondent:
�On this day of 8th March 1990 we received a sum of Rs. 10,000/- (Rupees Ten thousand only) from you in the PART C presence of the witnesses for our urgent family expenses in addition to the advance amount received under the sale agreement dated 07.02.1990.� | contractclause |
�And also, in consideration of the yearly lease rent hereby reserved and the covenants provisions� and agreement herein contained and on the part of the Lessee. to be respectively paid observed and performed, the Lessor doth hereby demise on lease to the lessee! that plot of land numbered as Group Housing Plot No.GH-5/B, Sector-137, In the NOIDA, Distt. Gautam Budh Nagar (U.P.) contained by measurement 22,565.77 Sq. mtrs. be the same a little more or less and bounded:
On the North by : As per Site On the South by : As per Site On the East by : As per Site On the West by : As per Site And the said plot is more clearly delineated and shown In the attached plan and therein marked red.
TO HOLD the said plot (hereinafter referred to as the demised premises with their appurtenances up to the lessee for the term of 90 (ninety) years commencing from 30, JULY, 2010 except and always reserving to the Lessor.
a) A right to lay water mains, drains, sewers or electrical wires under or above the demised premises, if deemed necessary by the Lessor in developing the area.
b) The Lessor reserves the right to all mine and minerals, claims, washing goods, earth oil, quarries, over & under the allotted plot and full right and power at the time to do all acts and things which may be necessary or expedient for the purpose of searching for working and obtaining removing and enjoy the same Without providing or leaving any vertical support for the surface of the residential plot or for any building for the lime being standing thereon provided always that the lessor shall make reasonable compensation to the Lessee for all damages directly occasioned by the exercise of such rights. To decide the amount of reasonable compensation the decision of the Lessor will be final and binding on the Lessee.
(II) AND THE LESSEE DOTH HEREBY DECLARE AND CONVENANTS WITH THE LESSOR IN THE MANNER FOLLOWING: .
a) Yielding and paying therefore yearly in advance during the said term unto the lessor In the month of MARCH for each year the yearly lease rent indicated below: -
(i) Lessee has paid Rs. 46,14,699;96 say Rs.46,14,700,00 as lease rent being 1% of the plot premium for the first 1O years of lease period.
(ii) The lease rent may be enhanced by 50% after every 10 years i.e., 1.5 times of the prevailing lease rent.
(ii) The lease rent shall be payable In _advance every year. First such payment shall fall due on the date of execution of lease deed and thereafter, every year, on or before the last date of previous financial year.
(iv) Delay In payment of the advance lease rent will be subject to Interest @14% per annum compounded half yearly on the defaulted amount for the defaulted period.
(v) The lessee has the option to pay lease rent equivalent to 11 years @ 1 % of the premium of the plot per year as 'One Time Lease Rent unless the Lessor decides to withdraw this facility: On payment of One Time Lease Rent, no further annual lease rent would be required to be paid for the balance lease� period. This option may be exercised at any time during the lease period provided the lessee has paid the earlier lease right due and lease rent already paid will not be considered� in One Time Lease Rent option.
b) The Lessee shall be liable to pay all rates, taxes, charges and assessment leviable by whatever name called for every description in respect of the plot of land or building constructed thereon assessed or Imposed from time to time by the lessor or any Authority/ Government. In exceptional circumstances the time of deposit for the payment due may be extended by_the lessor. But in such case of extension of time an interest@ 14% p.a. compounded every half yearly shall be charged for the defaulted amount for such delayed period. In case lessee fails to pay the above charges it would be obligatory on the part or Its members/ sub lessee to pay proportional charges for the allotted areas.
c) The Lessee shall use the allotted plot for construction of Group Housing, however, the lessee shall be entitled to a lot the dwelling unit on sublease basis to its allottee and also provide space for facilities like Roads, Parks etc. as per their requirements, convenience with the allotted plot, fulfilling requirements or building bye-laws and prevailing and under mentioned terms and conditions to the lessor. | contractclause |
"3.0 - ASSIGNMENT AND SUBCONTRACTING:
3.1 - Assignment:
The Contractor shall not, except with the previous consent in writing of the Company, transfer or assign their obligations or interests in the Contract or any part thereof in any manner whatsoever."
3.2 - Conditions for Subcontracting:
Concerning the works and facilities covered by the Contract having to be executed and commissioned on turnkey basis by the Contractor, the following conditions shall apply as regards subcontracting of any portion of the work entrusted to the Contractor.
(i) In case of plant, equipment and allied requirement to be procured, installed and commissioned on the platform structure for the purpose of receiving, processing, pumping, compressing, etc., and also any other facilities to be provided thereon, the Contractor shall, subject to the limitations imposed on him with regard to the makes/manufacturer of certain plant and equipment specifically stipulated to be procured against this Contract, be free to sublet the work to the manufacturers/authorized agents of the respective plant and equipment for procurement of the necessary supplies. In respect of those stipulated items referred to above, the Contractor shall not arrange alternative makes other than those agreed already for procurement without the prior written consent of the Company." | contractclause |
.Clauses I (i) and (j) of the lease deed dated 18.10.2000 deals with the obligation of the parties on the expiration on determination of the lease which reads as under:-
�(i)The Lessee shall at the expiration or sooner determination of the said term yield up and deliver peaceful and vacant possession of the demised premises and in the event of any installation, erection, alteration or http://www.judis.nic.in C.S.No.628 of 2018 and Tr.C.S.No.560 of 2019 substitution having been made thereon or underneath the surface restore the same to their original state and conditions in which the same has been demised. All buildings, structures, installations, fittings, fixtures and reaction of whatsoever kind and nature whether in, upon or underneath the demised premises shall during the said term and at the expiry thereof entirely belong to and revert to the Lessee who shall be entitled to take away the same provided that the demised premises are restored in their original state and condition. The Lessor will not have any right title or interest thereon nor shall they be entitled to appropriate or retain the same or any part thereon.
(j)The Lessee has paid to Lessor Rs.1,08,000/-
(Rupees One Lakh and Eight Thousand Only) sum equivalent to 12 months rent by DD No.826885 dated 22.09.2000 drawn on State Bank of India, Thousand Lights Branch, as an advance which will be returned to the Lessee on the determination of the lease. The Lessor acknowledge the receipt of the said amount.
PROVIDED ALWAYS AND IT IS AGREED AND DECLARED that at the expiration of the said term of 20 (twenty) years this lease will be renewed for a further period of 20 years on mutually agreed terms from the expiration of the said term hereby granted unless the Lessee shall prior to the expiration of the last mentioned term give to the Lessor one calender month a previous notice in writing of their intention not to take any renewed lease.�
20.Clause III (b) of the Lease deed dated 18.10.2000 gives preemptive right of purchase to the Lessee. The said clause reads of below:-
�b) The Lessee shall by three months previous notice in writing to the Lessor have the first option to purchase from the Lessor free from encumbrances the reversionary right title estate and interest of the Lessor in the demised premises and upon marketable title being made and deducted thereto at the rate prevailing per square feet of the actual area of the demised premises.� | contractclause |
The relevant clauses of the lease deed are as follows: -2. The tenancy will commence by the 16th of December 1981 and after the expiry of first four years the rent would be revised to Rs.3.70 paise per sq ft, per month and would be revised by 10% on the first of the expiry of every four years. In case permanent electricity connection is not provided by 16/12/1981 then the rent will be charged from the date the permanent connection is given. 3. The tenants shall be entitled to make alterations in the tenanted premises in accordance with the plan to be approved by the Municipal and/or other authorities but shall restore the same in the same conditions if the tenants vacate the premises on their own. In case of any illegal construction or alterations violating the laws of DDA or municipal corporation, the penalty, if any, levied would be paid by the Tenants.? 4. The tenants shall be entitled to use the said tenanted premises for commercial purposes and/or for the purpose of running their offices and/or carrying on business therein. 5. The Tenants, if they of their own decided to vacate the premises, will be entitled to remove all fixtures, fittings or additional equipment brought in by them by way of air-conditioning or for any other purposes in the tenanted premises. The Landlords will not in any manner claim any ownership for retaining all those fixtures and fittings and additional materials brought in by the Tenants in the tenanted premises and will not in any manner cause any difficulty in their removal by the Tenants. 6. (iii) The Tenants will have the right to use the whole or any part of the tenanted premises during the tenancy for companies, firms, trusts, associates of the Tenants. However, the responsibility of paying the rent will be of the Tenants under this Dead. 7. The Landlords do hereby covenant with the Tenants in the manner followings: (a) the tenants paying the rent and other charges and outgoings hereby reserved on the days and in the manner hereinbefore mentioned and observing and performing all covenants and conditions herein contained and on their part to be observed and performed shall peacefully and quietly held, occupy and enjoy the tenanted premises and the said fittings and fixtures free from all disturbances by the Landlords or any person or persons rightfully claiming from, under on in trust for the Landlords. (b) To bear and pay the Municipal rates and taxes, house-taxes any imposition by DDA or other authority or authorities in respect of the tenanted premises during the said term of tenancy.? | contractclause |
"6. The Second party shall have the right to assign and/or sublease the property. However, the lease will be terminated at the end of ten years subject to clause 4, under which the lease can be extended on mutually agreed terms. However, the Second Party shall have the right to terminate the lease at any time by giving 3 months notice in writing." | contractclause |
"Renewal. In case the "Second Party" desires to extend the terms of the "Agreement" beyond a total period of nine (9) years, it shall be on the mutually acceptable terms and conditions to be renegotiated afresh. In the event the "Second Party" and the "First Party" are unable to arrive, conclude and execute a fresh "Agreement", in writing, on mutually acceptable terms prior to the expiry of the (9) year period, the "Second Party" shall discontinue the use and occupation of the said Building and the "First Party" shall be entitled to enter upon the same without any objection on the part of the "Second Party". | contractclause |
Clause 4 on ownership, which reads as under: "The Equipment shall at all times remain the sole and exclusive property of the Lessor and the Lessee shall have no right, title or interest therein except as Lessee. The agreement further states that during the currency of the lease, the lessee shall insure the subject of lease and protect it from any risk. Clause 10 of the agreement states that without the prior written consent of the lessor, the lessee shall not make any alterations, additions or improvements to the equipment and all additions, replacements, attachments and improvements of whatever kind or nature made to the equipment shall be deemed to be parts of the property of the lessor and shall be subject to all the terms and conditions of the agreement. Clause 13 speaks about the surrender of the lease equipment upon the expiration of earlier termination of the lease agreement. It also gives the option for renewal on year to year basis on mutually agreed terms and conditions. Clause 15 deals with payment by lessor and Clause 20 is to the effect of the expiration of the lease, which stipulates that on expiration of the lease term, if the lessee fails to deliver the equipment to the lessor in accordance with any direction given by the Lessor, the lessee shall be deemed to be the monthly tenant of the equipment and upon the same terms expressed in the agreement and the tenancy should be terminated by the lessor immediately upon default committed by the lessee by serving seven (7) days notice. Clause 19 speaks about the default clause and the termination by default under Clause 24. Clause 33 speaks about the Assignment rights stating that no title or right in the property shall be passed to the lessee except the lease rights expressly granted to the lessee. It also stipulates that plates or other marking shall be fixed indicating that the lessor is the owner thereof and that the lessee would not remove the same. Upon termination of the lease period, the lessee shall immediately return the said property to Lessor in as good condition and received less normal wear, tear and depreciation. Clause 34 speaks about the Modification to rental payments during lease tenor. One of the Clauses under this head reads as follows: ....................."Without prejudice to the above, it is hereby agreed that at the option of the LESSOR the Lease Agreement will be reviewed if there is any material changes in the provisions of the Income Tax Act regarding leasing transaction. This review will also include, apart from changes in the rentals, cancelling of the Lease Agreement and replacing it with Hire Purchase transaction on mutually agreed terms. It is further agreed that if the LESSOR is refused allowances or their claims are disallowed by the Income Tax Authorities on account of the failure on the part of the LESSEE to furnish any particulars/declaration required for this purpose, the LESSEE shall reimburse the LESSOR tax, interest, penalty or any outgo accruing or arising to the LESSOR on this account." | contractclause |
"6.2.2.2 Renewal of Existing Leases a) The port should first verify if the land is required for its own use. If it is so required, the Port shall take possession of the land on expiry of the lease. b) If the land is not required by the port for its own use, the port should then check whether land use is consistent with the Land Use Plan. If it is so, and if renewal is provided for in the existing lease agreement, it can be renewed for a total period not exceeding thirty years including the original lease period. The lease rent/upfront premium should not be less than prevailing SoR or on market value, whichever is higher. No compensation will be payable by the port in the event of refusal to renew the lease. c) If the option for renewal is not provided for in the existing lease agreement, the port at its discretion, may decide to grant a fresh lease in favour of the existing lessee at the terms to be approved by the Board, without public auction/ tender. The lease rent/upfront premium should not be lower than the SoR duly updated or the market value as the case may be. d) Extension/renewal of any lease for the original lessee beyond 30 years would be made only after the recommendation of the Port Trust Board, recording clearly the reasons thereof, and the approval of the Empowered Committee. Such cases will be finalized by the Ministry of Shipping. e) After the expiry/termination/determination of lease and despite receiving the notice thereof, or forfeiture of lease on account of change of user, assignment etc., if the lessee continues to occupy it unauthorisedly, the lessee shall be liable to pay compensation for wrongful use and occupation at three (3) times the lease rent in accordance with the prevailing SoR till vacant possession is obtained. f) For existing leases, at the time of expiry/termination/determination of lease the provisions related to removal of structures will be applicable. If no such provisions exist, the lessee shall remove all structures at his own cost within three(3)months of expiry/termination/determination failing which these will vest with the port free from all encumbrances. If the port so decides for reasons to be recorded, it may also take over the structures on terms mutually agreed with the lease holder." | contractclause |
"(h) The Lessee shall at the expiration or sooner determination of the said term yield up and deliver peaceful and vacant possession of the demised premises. All buildings, structures, installations, fittings, fixtures, and erections of whatsoever kind, and nature whether in, upon or underneath the demised premises shall during the said term and at the expiry thereof entirely belong to and revert to the Lessee who shall be entitled to take away the same. The Lessor will not have any right, title or interest therein nor shall they be entitled to appropriate or retain the same or any part thereof. PROVIDED ALWAYS AND IT IS AGREED AND DECLARED that at the expiration of the said term of twenty years this lease will be automatically and without any further act of any of the parties hereto be renewed for a further term of twenty years from the expiration of the said term hereby granted unless the Lessee shall prior to the expiration of the first mentioned term give to the Lessor one calender month's previous notice in writing of their intention not to take any renewed lease. The renewed lease will be under and subject to the same covenants and conditions and agreements as are herein contained including the present covenant for renewal. | contractclause |
"11. Governing Law and Jurisdiction - 5 - i. This MOU shall be construed and enforced in accordance with the laws of India. ii. In the event of any dispute or difference arising at any time between the parties hereto as to the construction, meaning or effect of this Agreement or thing contained herein or the rights, duties, liabilities and obligations of the parties hereto in relation to this Agreement, the same shall be referred to a single arbitrator, in case the parties can agree upon one (1) within a period of thirty days upon being called by a party to do so and failing such agreement to three (3) arbitrators one (1) each to be appointed by GREENMOBIL and RECC and the third to be appointed by the two arbitrators so appointed. The award passed by such arbitrator(s) shall be final and binding on both the parties. | contractclause |
Termination of service: (a) Except as otherwise specified in the appointment orders, the services of an employee of the Authority may be terminated without any notice or pay in lieu of notice: (i) During the period of probation and without assigning any reasons thereof, (ii) For misconduct, (;,ii) On the completion of specific period of appointment, (iv) In the case of employees engaged on contract for a specific period, on the expiration of such period in accord- ance with the terms of appointment. (b) Where the termination is made due to reduc- tion of establishment or in circumstances other than those mentioned at (a) above, one month's notice or pay in lieu thereof will be given to all categories of employees. (c) Where a regular/temporary employee wishes to resign from his post under the Authority he shall given three/one month's notice in writing or pay in lieu thereof to the Authority provided that in special cases, the General Manager may relax, at his discretion, the condition regard- ing the period of notice of resignation or pay in lieu thereof. | contractclause |
"2. Termination. Without prejudice to any other rights, Microsoft may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the product and all of its component parts. | contractclause |
6. TRADE MARKS AND MARKETING 6.1 The trade marks, brand names, design and the get up in which the IMFL products will be sold, supplied and delivered by the UNIT and in particular and not limited to those listed in APPENDIX �C" hereto shall always be the sole property of Shaw Wallace or its associate or related companies as the case may be. 6.2 The UNIT hereby acknowledges and accepts that the UNIT never had nor has any right, title or interest therein and shall not at any time claim any right whatsoever to the use of the labels, brand names, trade marks and or get up of the IMFL products belonging to Shaw Wallace or to the nominees associates of Shaw Wallace except under written permission from Shaw Wallace. 6.3 Shaw Wallace hereby authorizes the UNIT as a licensee, under a separate agreement to manufacture, process package and sell the IMFL products of various brands of Shaw Wallace as contained in the APPENDIX �C" and such other brands as may be agreed upon from time to time for which Shaw Wallace or its associate or related or nominee company own or will own valid trademark registrations in India or otherwise which names, brands, etc. belong to or are associated with Shaw Wallace or any such other companies mentioned above. 6.4 Shaw Wallace from time to time advise the UNIT as to the marketing arrangement for IMFL of brand names belonging to Shaw Wallace or brands designated by the Shaw Wallace and the UNIT shall act in accordance with the directions of Shaw Wallace in so far as the sale of above brands of IMFL. 6.5 Nothing herein contained or implied shall be construed as precluding in any manner Shaw Wallace or its associated companies or related companies as the case may be from using or licencing the use of the said trademarks or brand names or get up on any goods including IMFL in India of elsewhere. | contractclause |
"3.1.1. the exclusive right (subject to Sub-clause 3.2) to use the Know-How to manufacture the Joints in the Licensee's Plants from components (other than the bought out components listed in Schedule 2) manufactured by Licensee or purchased by Licensee from Licensor or from a source approved by Licensor; 3.1.2 The non-exclusive right to sell the Joints in the Territory; 3.1.3 The non-exclusive right to export the Joints to all countries except (otherwise than t\with the consent of Licensor) where the Licensor or any Company in the GKN Group manufactures or has existing licensing arrangements for Joints, namely:- | contractclause |
Clause 2.2 of the BPA is relevant clause of transfer of assets i.e. both the tangible and intangible, which reads as under: 2.2 On the closing date, the seller will, in consideration of receipt of the Purchase Price from the Purchaser sell, transfer, convey, assign and deliver to the Purchaser and the Purchaser shall purchase, acquire and accept from the seller, all of sellers right, title and interest in the Assets free of all encumbrances (Save and except to the extent specifically disclosed to the Purchaser by the Seller vide the Disclosure Letter) including without limitation, the following: 2.2.1 The trademarks along with the trade names and the brand names owned by or applied for or registered in the name of the seller in relation to the products as described in Schedule 6 together with the goodwill of the business in connection with which the Trademarks are used. For the purposes of transfer of Trademarks, the Seller shall, on or before the Closing date, execute a deed of assignment in favour of the Purchaser, thereby transferring and assigning absolutely to the Purchaser the title to and any and all rights and interests in the trademarks, in the form as set forth in Schedule 7 hereto: 2.2.2 The relevant client portfolio consisting of the detailed list of wholesale stockists and all marketing and promotions information and documents in relation to the products; 2.2.3 All licenses, covenants, permissions, health registrations, approvals and concessions required from any Governmental Authority for carrying on the Allied Business asset out in Schedule 8 hereto 2.2.4 All other relevant information and technology in relation to the Allied Business including without limitation - a) The manufacturing know-how, in particular the specifications and test methods, manufacturing and packaging instructions, master formulae, validation reports, stability data, analytical methods and any other documents necessary to manufacture, control and release the Products; b) Any drug safety reports in relation to the products | contractclause |
Thereafter, in the Franchisee Agreement, there are some more clauses which require discussion and analysis which are reproduced herein below: a) Clause 5.2 "The Franchisee shall not operate, run, conduct or offer any services as are directed in Schedule A or any other cognate / allied goods / services during the term of the Agreement either directly or indirectly through itself, its directors, its promoters and/or their family members within or outside the territory except as permitted under this Agreement. b) Clause 5.3 The Franchisee will not allow the Premises used for the Franchised Business under this Agreement for undertaking any other trade or business or activities other than the Franchised Business." s c) Clause of Non-Competition Clause 17.1 Neither the Franchisee nor the individuals (a sole proprietor/ partner / associate) shall during the term of the Franchisee and FOR THREE MORE YEARS AFTER TERMINATION/EXPIRY DATE OF THE AGREEMENT: a) Carry on, own, engage in, be employed by, provide assistance to, or have any interest in any other similar or competing Franchised Business as in schedule A. If, after the termination of the Franchise Agreement, franchisee carries on the same business he shall have to pay to the Franchisor a sum of Rs. 1.00 Crore. b) Employ employees from the Franchisor or other Franchisees. c) Use or disclose Confidential Information for any purpose other than a purpose set out in this Agreement. d) Clause 17.2 says that 17.2 Neither Franchisee nor any Person bound by the restrictions of this clause may circumvent such restrictions by engaging in prohibited activity indirectly through any other person or entity. e) ANNEXURE A which is part of Franchisee Agreements is necessary to be referred to : 'FRANCHISED BUSINESS' Franchisor shall grant the Franchisee the rights, for a term of the franchise agreement, to operate franchised business of Fitness Club and Spa for men and women, to be run and operated by the Franchisee in accordance with the System and Standards under the Proprietary Marks of the Franchisor. The franchise business includes: - Gym Membership - Personal Training - Group Exercise (Aerobic, Spinning, Kick boxing, Jumba, Yoga, etc.) - Massage Therapy - Spa Packages - Nutrition Package - Business generated in the Food Cafe operated in the club. - The sale of various merchandise on offer in the club, if applicable. - Any other business activities carried out in the club, duly permitted by the Franchisor from time to time. As the franchisor is also engaged in the business of skin care, beauty care, hair care salon and if the franchisee opts to enter into this business he shall essentially be required to apply for separate franchise for salon business with the Franchisor and pay to the Franchisor the prescribed Franchise Fee separately. The Franchise business shall be executed strictly as per the Standard Operating Procedures (SOPs) prescribed by the Franchisor for the purpose, any deviation is not permitted unless the prior consent of the Franchisor is taken thereon." | contractclause |
8.5 License Restrictions. Neither you nor any End User may use the Service Offerings in any manner or for any purpose other than as expressly permitted by this Agreement. Neither you nor any End User may, or may attempt to, (a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Service Offerings (except to the extent software included in the Service Offerings are provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Service Offerings or apply any other process or procedure to derive the source code of any software included in the Service Offerings, (c) access or use the Service Offerings in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) resell or sublicense the Service Offerings. All licenses granted to you in this Agreement are conditional on your continued compliance this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Service Offerings you have used. You may only use the AWS Marks in accordance with the Trademark Use Guidelines. | contractclause |
Clause 7.2 is important and states as follows: �7.2 Unless otherwise agreed by the Shareholders, the number of Directors shall be seven (7) of whom, for so long as the Percentage Interest of the Prakash Family Shareholders is in aggregate equal to or greater than fifty point zero one per cent. (50.01%), four (4) shall be Prakash Family Directors and three (3) shall be Reuters Directors in accordance with the Articles. If the Percentage Interest of the Prakash Family Shareholders falls below such level, the number of Prakash Family Directors and Reuters Directors shall be determined in accordance with the Articles.� | contractclause |
1.7 "FRANCHISED BUSINESS" means the franchised business of Salon and Spa as per Annexure "A", to be run and operated by the Franchisee in accordance with the System and Standards under the Proprietary Marks of the Franchisor, and including the stock, sale, delivery or use of the Products if any, supplied in relation thereto by the Franchisor, as more particularly described in the Operating Manual. | contractclause |
Clause 2.2 of the Agreement deciphers the responsibility of the assessee in the Contract Territory Contract (India). Relevant parts of the clause are as under:-"2.2. Responsibility in the Contract Territory BMW India represents the interests of BMW AG in the Contract Territory. It is responsible for the sales promotion and the full utilization of the market potential for the Contract Goods in the Contract Territory. ..... Furthermore, BMW India undertakes the following functions in the Contract Territory in accordance with the laws of the contracting territory. ........ Performance of an adequate advertisement and sales promotion as well as public and media relation. ........"Clause 3 of the Agreement is also material for our purpose, which has been equally taken note of by the TPO as well in his order. Relevant parts of clause 3 read as under :- "3.1. Responsibilities for Sales and Advertising The BMW India will establish and supervise in the Contract Territory an efficient BMW distribution network for sales, service and parts supply according to the recommendations of BMW. To this end, BMW India will, in its own Page | 35 ITA no.1002&2858/Mum/2016 Diageo India Private Limited; A.Y. 11-12 name, enter into dealer contracts in accordance with law of the Contracting Territory." | contractclause |
(ii) That was a case where the contract contained an express termination clause. In the present case termination clause has been, designedly omitted. In the premises the onus is on TISCO to show that it is entitled to terminate the contract following (1968) 1 Ch. D. 139 at 147 (Buckley J.). | notcontract |
7.It is normal to have a termination clause in all such agreements. The franchiser has high stakes in the contract in as much as its goodwill and reputation of the brand name is involved. Therefore, quality control and proper marketing of the product are very important to the franchiser. The franchiser cannot be made to stick to a party which does not come up to its standards and in the process ruin its goodwill and brand name. For these reasons commercial contracts can never be in perpetuity and even if in a contract there is no termination clause, the contract will he allowed to be terminated through a reasonable notice if the power to terminate is sought to be exercised bona tide. For this reliance is placed on Decro Wall International Sa vs. Practitioners in Marketing Limited, (1971)2 All E.R. 216: In this case the agreement was oral and, therefore,there was no termination clause. The agreement was allowed to be terminated through a 12 months' notice which was considered to he a reasonable period. Here also the defendant was appointed as the sole distributor for the products of the plaintiff in England and for this purpose the defendant had made lot of investment and incurred huge expenses in advertising the product of the plaintiff in its territory. | notcontract |
4. The issue which is argued before this Court, and was also argued before the trial court, is as to whether the provisions of Sections 33 to 35 only entitle a copyright society to collect the license fee, and the appellant/plaintiff not being a copyright society hence cannot file the present suit alleging infringement of copyright because the appellant/plaintiff is not entitled to collect the license fee. The case of the respondent no.1/defendant no.1 is that only a copyright society, registered under the provision of Section 33 of the Act, is one which is entitled to grant licenses and collect license fee/royalty with respect to the copyright works which are the subject matter of the Act, and since the appellant/plaintiff is not a registered society, hence, it cannot claim license/royalty, and therefore, it also cannot sue for infringement of the copyrights and claim damages because the causes of action of injunction against infringement of copyright with the claim of damages is predicated on the aspect that the respondent no.1/defendant no.1 must make payment of license fee/royalty to the appellant/plaintiff which is not a registered copyright society under Section 33 of the Act. | notcontract |
(f) Decree for specific performance of the Development Agreement dated 19th January, 1983 be granted against the defendant in terms of Clause 16 of the said Agreement requiring the defendant to execute Deed of Lease for a period of 51 years on terms and conditions contained in the said Clause; | notcontract |
27.1 There is an unambiguous, clear and unconditional admission of the appellant with respect to the relationship of the landlord and tenant between the parties as well as the expiry of term of the registered lease deed dated 7th November, 2006 on 6th November, 2008. In the written statement before the learned Trial Court, the appellant has admitted the registered lease deed dated 7th November, 2006 between the parties, which expired on 6th November, 2008. | notcontract |
29. The plaintiffs" claim that the defendant was responsible for manufacturing, marketing, promoting and distributing plaintiffs" products under the REYNOLDS Trademarks under the License Agreement. However, this is not borne out by the express terms of the License Agreement. In terms of the License Agreement, the defendant could sell the Covered Products and use REYNOLDS Trademarks (Licensed Property) in respect of said products albeit with the prior approval of the Licensor. Clearly, the defendant manufactured the Products on its own behalf and not on behalf of the plaintiffs. The attendant risks of the business were also entirely borne by the defendant. The licensing arrangement was, essentially, to enable the defendant to use the REYNOLDS Trademarks for its products. | notcontract |
On 19.4.2006, by the even dated letter, the applicant reiterated that the non-applicant had breached the Confidentiality Clause and that the claim of the non-applicant that the data displayed on the website was not confidential under the Shareholders Agreement, is misplaced. It was asserted in para 6 of the letter that non-applicant No. 1 was making contradictory statements. It was lastly asserted: "As already explained above, since the AV Birla Group is in violation of the provisions of the Shareholders Agreement, the First Notice and the Second Notice issued by us cannot be withdrawn. Since you have failed in agreeing upon the name of the international firm of auditors we shall therefore proceed in accordance with the Shareholders Agreement to do the needful in connection with determining the Fair Market Value of IDEA shares." | notcontract |
vi) Explanation by the assessee for the modus operandi of using its own employees as contractors for carrying out the fabrication work and stating that on account of reputed customers base of the assessee and on account of the fact that the items supplied by the assessee to them were special job tailor made to the specifications of the customers for which the assessee was supplied deigns and drawings of the job from the customers which was covered under the confidentiality clause as per the terms of agreement entered into with them. | notcontract |
39. Admittedly there is an arbitration clause, parties had by express agreement agreed not to file any civil proceedings, the exclusive jurisdiction of the court for any dispute arising out of and in connection with this SHA being Chhattisgargh court, jurisdiction of the Delhi Court is excluded. These facts had not been brought to the notice of the court at the time when the ex- parte injunction had been obtained by the plaintiff in his favour, this is an active concealment. Attention has been drawn to the legal notice dated 23.11.2009 sent by the plaintiff one day prior to the filing of the suit. Para 14 to 17 clearly speak of the breaches committed by the defendant (applicant herein) in terms of the SHA i.e. relating to the confidentiality clause. It has never been the averment of the plaintiff that the SHA itself is forged or a fabricated document or that the plaintiff had not put his signatures on the said document. A mere allegation of fraud without substantiating it with any further details or instances would not by itself be sufficient to state that the said SHA has become void.
| notcontract |
13. At that stage, respondent No. 1 filed Arbitration Application Nos. 114 of 2002 and 90 of 2002 under Section 11 of the Act for appointment of the third arbitrator by asserting that in view of refusal of Shri S.N. Huddar to act as an arbitrator, it had appointed Shri S.L. Jain as a substitute arbitrator in terms of Section 15(2) of the Act and in that view of the matter respondent No. 2 was not entitled to act as the Sole Arbitrator. The designated Judge of the Bombay High Court allowed both the applications and appointed Shri Justice M.N. Chandurkar (Retired) as the third arbitrator. | notcontract |
9. An arbitration agreement does not require registration under the Registration Act. Even if it is found as one of the clauses in a contract or instrument, it is an independent agreement to refer the disputes to arbitration, which is independent of the main contract or instrument. Therefore having regard to the proviso to section 49 of Registration Act read with section 16(1)(a) of the Act, an arbitration agreement in an unregistered but compulsorily registerable document can be acted upon and enforced for the purpose of dispute resolution by arbitration. | notcontract |
14. The controversy in hand does not come to an end here as the arbitration clause under consideration has another dimension. It would be manifest on perusal of the above arbitration clause that the disputes arising between the parties at the first instance were to be mandatorily settled amicably by mutual discussion as the word used is shall in the clause and it is only on the failure of any settlement arrived at between the parties after the mutual CM(M) No.1021/2014 Page 3 of 12 discussion, the other alternative was the settlement of the disputes through arbitration. Hence, clearly the first step stipulated in the said clause is the settlement of disputes through mutual discussion and second step is the settlement through arbitration. The Forum of Arbitration was, therefore, made dependent on the outcome of the first step that is of mutual settlement. | notcontract |
The OPs are hereby jointly and severally directed to pay Rs.1,32,000 (Rs. One Lacs Thirty Two Thousand) only as charge for delay in handing over the bungalow in question as per the general terms and conditions to the complainant within 45 days from the date of this order. The Ops are further directed to pay Rs. 1,00,000/- (Rs.One Lacs ) only as compensation for mental pain, harassment and agony within 45 days from the date of passing this order, in default, it will carry an interest @9% per annum on the above mentioned amounts, i.e. charge for delay in handing the bungalow in question and compensation for mental pain, harassment and agony, for the default period. The OPs are also directed to pay Rs.5, 000/- only as litigation cost to the complainant within 45 days from the date of this order. The OPs are also directed to arrange for correction of the Deed in question in the form of Declaration Deed/Affidavit showing correction in the Deed as it is 'two storied bungalow' in place of 'one storied bungalow' which is written in the Sale Deed within 45 days from the date of this order,�in default, the complainant shall be at liberty to execute the order before this Ld. Forum as per the provisions of law. With the above mentioned observation, the complainant is thus disposed of accordingly. | notcontract |
8. However, the power and duty to award compensation does not mean that irrespective of the facts of the case compensation can be awarded in all matters at a uniform rate of 18% per annum. As seen above, what is being awarded is compensation i.e. a recompense for the loss or injury. It therefore necessarily has to be based on a finding of loss or injury and has to correlate with the amount of loss or injury. Thus, the Forum or the Commission must determine that there has been deficiency in service and/or malfeasance in public office which has resulted in loss or injury. No hard and fast rule can be laid down ... | notcontract |
the Appellant (Adani Power) is entitled to argue any 7 proposition of law, be it �force majeure� or �change in law� in support of the order dated 21.2.2014 quantifying the compensatory tariff, the correctness of which is under challenge before the Appellate Tribunal in Appeal No.98 of 2014 and Appeal No.116 of 2014 preferred by the respondents, so long as such argument is based on the facts which are already pleaded before the Central Commission. | notcontract |
46. We now formulate the essential features of the doctrine of separability. These are:
"4. It is well settled in arbitration jurisprudence that an arbitration agreement is a distinct and separate agreement, which is independent from the substantive commercial contract in which it is embedded. This is based on the premise that when parties enter into a commercial contract containing an arbitration clause, they are entering into two separate agreements viz. : (i) the substantive contract which contains the rights and Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL ARB.P. 977/2022 Page 9 of 15 Signing Date:16.12.2022 11:58:41 Neutral Citation Number: 2022/DHC/005587 obligations of the parties arising from the commercial transaction; and (ii) the arbitration agreement which contains the binding obligation of the parties to resolve their disputes through the mode of arbitration. 4.1. The autonomy of the arbitration agreement is based on the twin concepts of separability and kompetenz- kompetenz. The doctrines of separability and kompetenz- kompetenz though inter-related, are distinct, and play an important role in promoting the autonomy of the arbitral process. | notcontract |
69. In any view of the matter we may also add that if the confidentiality clause under Rule 7 would be applicable in respect of the information provided in the application by the domestic industry under Rule 5(1), the same cannot be stretched to the extent that even the determination by the designated authority as regards the normal value or the export price or the margin of dumping or even the non-injurious price of the domestic industry shall remain confidential to the extent that it will not be revealed at all to any one at any stage, but the ADD would be imposed. As already interpreted Clause 16 requires that the designated authority before giving its final findings to inform all interested parties of the essential facts under consideration which form the basis of its decision. The essential facts in our view would constitute those facts which forms the basis of the decision that the designated authority may arrive at, where such decision would also include the decision to impose the ADD and the determination of the essential parameters thereof i.e. the normal value, export Page No.# 5/11 value and margin of dumping or even the non-injurious price.
We may again add that the requirement of Rule 16 are not subjected to the confidentiality clause of Rule 7, where although Rule 7 begins with a non obstante clause, but such provision being not notwithstanding to relate only to Rule 6(2), 6(3), 6(7), 12(2), 14(4) and 17(4) and the non obstante provision does not include Rule 16. | notcontract |
14. Meaning of copyright -For the purposes of this Act, "copyright" means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:- (a) in the case of a literary, dramatic or musical work, not being a computer programme, - 25 Reliance Industries Ltd. (i) to reproduce the work in any material form including the storing of it in any medium by electronic means; (ii) to issue copies of the work to the public not being copies already in circulation; (iii) to perform the work in public, or communicate it to the public; (iv) to make any cinematograph film or sound recording in respect of the work; (v) to make any translation of the work; (vi) to make any adaptation of the work; (vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub- clauses (i) to (vi); (b) in the case of a computer programme,- (i) to do any of the acts specified in clause (a); (ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme: Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental. | notcontract |
�4.5 Additionally, while a candidate may participate in the various rounds of counselling in accordance with the specific eligibility criteria there for and various terms and http://www.judis.nic.in Page 6 of 47 W.P.Nos.7720 & 8193 of 2020 conditions for each round of counselling given below, if at any stage a candidate �freezes� his/her allotment (i.e. confirms that he/she wishes to take the seat allotted to him/her) he/she will not be permitted to participate in any subsequent rounds of counselling and shall stand exited from the counselling process. This ineligibility will also be attracted if, after opting to freeze his/her allotment, he/she either does not pay the requisite course fee or does not join the Institute concerned within the stipulated time.� The effect of the above Clause 4.5 is that a candidate with higher marks who is allotted a seat of his/her choice number five cannot take part in the second round of counselling even if any of the seats in his/her choices 1 to 4 becomes actually available for the second round of counselling. According to the petitioners if candidates who had scored higher marks and allotted seats in the first round of counselling are prevented from participating in the second round of counselling while preserving the seat allotted to them in the first round of counselling, the seats which are available in the second round of counselling or the new seats that are added in the second round of counselling would go to less meritorious candidates who were unsuccessful in getting an allotment during the first round of counselling. This leads to merit being sacrificed. http://www.judis.nic.in Page 7 of 47 W.P.Nos.7720 & 8193 of 2020 Relying upon the notification which states that fresh seats are also likely to be added during the second round of counselling the petitioners would contend that they cannot be prevented from having a go at the new seats that are made available during the second round of counselling merely because they had already been allotted a seat in the first round of counselling. Claiming that Clause 4.5 is arbitrary and it sacrifices merit the petitioners would seek a writ of certiorari quashing Clause 4.5 and direct the second respondent, National Board of Examinations to resort to the practice that was followed during the previous academic year and enable the candidates who are allotted seats in the first round of counselling to retain those seats and participate in the second round of counselling. Even during the pendency of the first writ petition the first round of counselling was completed and this necessitated the second writ petition which is for a simple mandamus forbearing the second respondent from proceeding with the second round counselling without rectifying Clause 4.5. | notcontract |
Para 1a :� That the defendant and his brother Dharam Singh were in the possession of the entire suit land in equal share. The defendant told to the plaintiff that the suit land is under the ownership of defendant and his brother Dharam Singh in equal share and same status was dictated in mortgage deed executed by defendant. The plaintiff shown faith on him and mortgage deed was executed and mortgage money was given. That's why the Mortgage deed has shown the share of ::: Downloaded on - 31/05/2018 23:03:52 :::HCHP 4 defendant as � Share in the suit land. That plaintiff is illiterate rustic villager do not have knowledge of revenue records. | notcontract |
20. On expiry of the terms of the sub-lease, the sub-lessee shall if he has duly observed all the terms and conditions, at the discretion of the sub-lessor be eligible for renewal for a further period of 70 years on the same terms and conditions except as to rent which shall be liable to such renewal to enhancement of such as should be justified according to the circumstances then prevailing. The sub-lessee shall have the first option of renewal if the same is applied for before expiry of sub-lease, after executing and registering a fresh sub-lease deed on renewal. | notcontract |
. By a Deed of Transfer of business executed on 31 st May, 2002 duly registered the 1st respondent purchased and acquired from the Hotel Corporation of India the ::: Downloaded on - 09/06/2013 13:28:14 ::: 3/140 ARBP-667.11-10.05.2013.doc business of Hotel Centaur - Juhu on "a going concern" basis for the consideration and on the terms and conditions contained therein. By an Indenture of Conveyance dated 31st May, 2002 the 1st respondent purchased and acquired from the Hotel Corporation of India the said hotel property togetherwith the moveable property for the consideration and on the terms and conditions contained therein. | notcontract |
1. To enter possession of above plot, to cultivate same in any manner he chooses, to raise and sell crops raised therein of any nature of his choice.
"Termination of agency, where agent has an interest in subject-matter - Where the agent has himself an interest in the property which forms the subject-matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest. | notcontract |