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Anonymous   28 June 2022 at 20:50

Rise international pvt. ltd. v. divine creations pvt. ltd.

Rise International Pvt. Ltd.
v.
Divine Creations Pvt. Ltd.

1. Ms. Rose Merry is the Director and General Manager of Rise International Pvt. Ltd. which is an event management company. It primarily stages promotional events for corporate clients.
2. Mr. Great Nicholas is a Director and shareholder of Divine Creations Pvt. Ltd., a popular manufacturer of confectionary. Divine Creations is particularly well-known for its “Jelly Button” chocolates which are multicoloured, button-shaped chocolates having a unique taste similar to that of dark chocolates.
3. Symphony Technologies Inc (ST) is a multinational corporation with a reputation for developing cutting edge consumer electronics.
4. In February 2022, ST engaged Rise International services to assist the launch of a new product to the Hindian market- Impromptu, a new holographic AI assistant, which is claiming to bring into life a new level of interactivity, intelligence and personalization. The release of ST’s products are highly anticipated and details of the product launch event were a tightly held secret.
5. The Event was scheduled for June 1st, 2022 at the ‘Happy Marriott’ hotel at Indraprastha, capital city of Hindistan. Apart from organising and managing the Event, Rise International agreed to create:
a) 9,000 gift bags for attendees;
b) Ensure that each gift bag contained a 100 gram packet of JB’s, among other things; and
c) Ensure that the JB’s matched the ST company colours of red and green.
6. The onset of Covid-19 and the Hindistan Government’s lockdown measures had a devastating impact on Divine Creations. In the most recent financial year, it’s sales decreased by more than 75% and Divine Creations recorded a substantial loss. The ‘Riches Times’ Newspaper ran an article in April 2022 entitled “ Divine Creations to cut 300 jobs after sales fall off cliff’’.
7. Ms. Rose exchanged several emails with Mr. Great to determine whether Divine Creations was able to supply two tonnes of JB’s in time for the Event. During a phone conversation:
a) Ms. Rose asked whether Mr. Great would be able to fulfil the order?
b) Mr. Great laughed and stated that they have been in business for 50 years and that they aren’t going anywhere.
c) Ms. Rose replied, “Will you guarantee that?’’
d) Mr. Great said, “Sure thing. I’d bet my life on it.”
8. Ms. Rose felt confident that Mr. Great was in a position to fulfil the proposed order and deliver the JB’s on time.
9. Therefore, Mr. Great with the assistance of Adv. Denny prepared a draft contract of sale which was emailed to Ms. Rose.
10. Ms. Rose reviewed the draft contract and proposed several changes, including the addition of a clause that read: “A director who signs this agreement for or on behalf of a party to this agreement guarantees its performance and is personally liable as if the signatory was the party.”
11. Ms. Rose provided no explanation for the inclusion of this clause and it went unnoticed by Mr. Great.
12. On March 1st, 2022, Ms. Rose and Mr. Great entered into an agreement, pursuant to which Mr. Great agreed to supply and package 2 tonnes of JB’s in 100 gram packaging. The parties’ agreement was recorded in a written contract, which was duly executed.
13. On May 25th, 2022, Mr. Great notified Ms. Rose that he was experiencing supply difficulties and could not deliver until June 12th, 2022.
14. On May 26th, 2022, Ms. Rose sent a letter terminating the Contract as time was of essence in this contract.
15. Mr. Great denies any breach and says that the termination was itself a repudiation of the Contract.
16. Ms. Rose claims damages against Divine Creations for the delay in delivery and seeks to recover the purchase price.
17. Hence, the parties are before the District Court of Indraprastha for getting the appropriate relief and justice.

(Please note that Indraprastha is the capital of Hindistan and that the laws of Hindistan are in pari materia to that of India.)


ISSUES:
1.Whether the District Court of Indraprastha has the jurisdiction to decide the present matter or the matter should be referred for arbitration?
2. Whether Divine Creations Pvt. Ltd. has breached the Contract?
3. Whether Rise International Private Limited is liable to be compensated?

Dr.mahendra Kabra   25 June 2022 at 18:02

Wish to complaint against notary goi commits offenses.

My opponent is a notary GoI , she with others commits series of criminal offenses against us. we are badly harassed...need to raise the complaint !
looking for the lawyer who is experienced in this field.
pl guide
Thanks

Anonymous   25 June 2022 at 17:48

Transfer of registered society

Please guide how a registered society with branches all over India can be divided to different units.
Can Primary schools upto class 5 which are recognised/aided/unaided by respective state education depts and other recognised vocational schools also be transfered to different society?

Mehta   22 June 2022 at 21:07

Paid full fee still advocate is not co-operating

I have paid full fee in advance, still my advocate is not attending my calls & whatsapp messages. Advise me in such case what should I do. Is there any association which can help me to set things right. Thanks

Anonymous   21 June 2022 at 16:37

Cash credit (c.c)

Well I want to know from the experts, I have taken a loan from bank and from 3 years I m playing my interest without any failure bank is mentally touching me like they are telling me we will stop ur CC that I m having problems in not maintaining CC then even though I have given 3 lakh FD n my land to bank they are telling FD n Paper work are not perfect my? Is if paper work is not Oki n if I have not given FD then how they approved my loan before n now when I showed them that I have given FD n Land paper after that they are telling me u are not maintained account so tell me how can I maintain my account when from 1.5 years my business was close bcz of CORONA VIRUS this year I m Manton my account but then also they are mentally Harasing me that they will recall my CC what should I do. I'm feeling very worried I live with my 1n half year child n wife n only with this business I m alive if they will close suddenly where I will go after all this also I never faild to gv my interest

Ranbir   21 June 2022 at 15:54

Wrong fund transfer

Dear sir,
I ranbir, like to state that my father has a dormant saving account in icici bank for last 10 years and he does not have interest to activate it

Few month back some icici bank official visited my house and demanded my father his signatured aadhar card and directed him that it is required for his dormant account .
My father denied and asked him the reasons for the same
The bank officials gave him the reason that wrong fund transfer has been done in his dormant account and his signatured aadhar card is required to return back the money to the person who has done wrong fund transfer

My father requested them to give a letter explaining the wrong fund transfer
And also give an acknowledgement after receiving the signatured aadhar card

But the bank officials are not willing to give any letter in regard to the same but are threatening to file FIR against my father if he does not provide his signatured aadhar card
Sir the problem is a torture for my father for last few months please help with the same

Anonymous   21 June 2022 at 14:32

Bill summery not provide by family doctor.

Dear sir
My mother is asthma patients and we are talking medicine from our family doctor on debit basis when I was employed I never keep bills pending but after corona period I was unable to pay bills, doctor provide us medicine and keeps writing treatment charges in his record book but still did not provide exact amount to pay, whenever I asked him about that he says are u paying full amt at a time . I am suspect that he is demanding more amt of charges, he did not provide his one day charges information, I am afraid that I will suffer for DC in future because my mother s case is not normal and I don't have cash in my hand for other doctor fees. Plz guide.

Anonymous   15 June 2022 at 19:31

Co-operative housing society

CO-OPERATIVE HOUSING SOCIETY IS NON-COMMERCIAL & NON PROFIT SOCIETY FOR BENEFIT OF MEMBERS AND OFFER SERVICES FOR BETTERMENT OF SOCIETY THROUGH ELECTED HONORARY MANAGING COMMITTEE HENCE OPINION REQUIRE FROM EXPERTS WHETHER GST APPLICABLE ????

Anonymous   14 June 2022 at 15:53

Job as a certified advocate

My question is even after getting my Advocate licence. I do not want to practice in court and I just want to work in a MNC company in Accounts and Finance field. So, is it possible if I can do job or tyere is restriction that after getting advocacy licence one can not do job?

Anonymous   12 June 2022 at 18:17

Harassment by neighbours

My neighbor install window a.c infront of my window .I file a complaint in police station BT they said this is not police matter .because he install in his premises.they can't do any thing what should I do