VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
D. G. Raj Highway Services – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
N. Unni Krishnan Nair. J
Heard Mr. D. Das, learned Senior Counsel assisted by Mr. G. Islam, learned counsel for the appellants. Also heard Mr. K. Gogoi, learned CGC appearing for the respondents.
2. The present Intra Court Appeal has been instituted, assailing the Judgment & Order dated 21.04.2022, passed by the learned Single Judge in WP(C)710/2022.
3. The appellant herein, who is a category-A registered lease holder of Tinsukia Division, NF Railway had submitted his bid in pursuance to an NIT dated 25.08.2021, issued by the Tinsukia Division, NF Railway for leasing of 24.00 tonne VPH by Train No. 05960/05959, Kamrup Express Special from Dibrugarh Railway Station to Howrah Railway Station and back on Round Trip basis. The bid of the petitioner, having been found to be suitable, the Senior Divisional Commercial Manager, Tinsukia, vide communication dated 08.10.2021, issued a Letter of Acceptance (LoA) in respect to the petitioner, accepting his bid for leasing of the 24 tonne VPH by Train No. 05960/05959, Kamrup Express. In terms of the said LoA, the petitioner was to furnish the Security Deposit within 15 days from the date of issue of the LoA. The petitioner was also requi
M/S Erusian Equipment & Chemicals Ltd. Vs State of West Bengal and Anr.
The court affirmed that failure to commence loading within the stipulated time justified contract termination and forfeiture of the security deposit.
Clause 8(a) stipulates that the commencement of loading has to be done within 15 days from the date of allotment of the contract.
The court established that termination of a lease contract without proper notice violates principles of natural justice and contractual obligations.
The court affirmed that failure to demonstrate actual loss precludes the forfeiture of security deposits, underscoring the principle that a breach must cause substantial damages to warrant penalties.
The main legal point established is that in contractual matters, the court may intervene to prevent arbitrariness or favoritism by the government bodies, especially if the actions violate the equalit....
Point of law: Not only is the writ jurisdiction of this Court invoked in a purely contractual matter, having no colour of public law and the writ remedy is thus not maintainable.
Government Contract – A Letter of Intent (LoL) merely indicates party’s intention to enter into a contract with other party in future and is not intended to bind either party ultimately to enter into....
The court ruled that claims for damages in breach of contract require proof of actual loss, which was not established by the plaintiffs, leading to dismissal of the appeal.
The court applied the doctrine of verba chartarum fortius accipiuntur contra proferentem to interpret the tender document against the respondent, highlighting the principle of resolving ambiguity in ....
The authority can forfeit a mining lease security deposit for non-payment of lease installments under the terms established in the lease agreement, affirming contractual obligations.
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