Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract: Terms of contract vis-a-vis terms of tender |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Contract: Terms of contract vis-a-vis terms of tender/ advertisement - Binding effect of - Held: Once contract comes into existence between parties they are bound by it and not by terms of tender/advertisement - On facts, tender not containing clause regarding non-availability of modvat credit to claimant-manufacturer - While placing order, appellant added term that modvat credit availed by claimant would be passed on to it - Claimant protested but continued with contract - Hence, claimant bound by contract and has to restore modvat credit received by it to the appellant - Terms of contract were very clear and understood by claimant - Principle of sub silentio not applicable.Central Excise Rules, 1944: Rule 57A - Modvat credit - Entitlement for - Held: Appellant issued gate passes and documentary evidence for payment of excise duty on which claimant claimed benefit of modvat credit-Hence appellant is entitled to benefit of modvat credit as it had paid excise duty.On 2.6.1994, the appellant floated tenders for gumming and super calendaring work. The claimant received the order. The appellant while placing orders on 31.5.1994 added a term that the modvat credit if any, availed by the claimant would be passed on to the appellant. The claimant by its letter dated 5.6.1995 agreed to accept the order subject to withdrawal of the term relating to passing of modvat credit to the appellant.The appellant did not respond but forwarded base paper to the Claimant to carry out the work of gumming and super-calendaring of base paper. The finished goods were delivered by the claimant along with necessary documents including the gate passes for endorsement by the appellant. The claimant had been reminding them from time to time that the modvat credit is only available to the manufacturer i.e. the claimant. By letter dated 30.12.1995, the appellant informed that the modvat credit availed by the claimant would have to be transferred to the appellant. Though the claimant did not accept the same but the view of the appellant remained unchanged. Finally on 25.7.1996, the appellant informed the claimant that the modvat credit availed by the claimant after 1996 would be adjusted by deduction of the amounts payable to the claimant. Accordingly, the modvat credit availed by the claimant was deducted. Matter was referred to arbitration. Arbitrator decided in favour of claimant and awarded Rs. 50 lakhs. Single Judge of High Court and Division Bench of High Court affirmed the view of the arbitrator. Hence the present appeal. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2007 INSC 1091 |
Petitioner | The Security Printing And Minting Corporation Of India Limited And Anr. |
Respondent | M/s. Gandhi Industrial Corporation |
SCR | [2007] 11 S.C.R. 86 |
Judgement Date | 2007-10-12 |
Case Number | 4857 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |