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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: andhra pradesh Year: 2011 Page 2 of about 103 results (0.072 seconds)

Dec 03 2011 (HC)

Malireddy Buthiramanna Dora and anr. Vs. Dasari Veerabhadra Rao and an ...

Court : Andhra Pradesh

Decided on : Dec-03-2011

..... if the plaintiff has not taken any steps to discharge his part of the obligation, as provided for under the contract, the prohibition contained under section 16(c) of the act gets attracted. one of the indicators to know whether or not the plaintiff in a suit of this nature is ..... "readiness" is a situation, where the plaintiff is supposed to have adequate financial resources, for discharge of his part of the obligation, under the contract. however, even if the plaintiff in a particular suit is possessed of adequate means, from the beginning, it cannot be said that the requirement under ..... such an indication is made in unequivocal terms. all the same, the time that is agreed to between the parties for conclusion of the contract, particularly in respect of urban properties, needs to be taken into account while exercising the discretion. the detailed observation made by their lordships in ..... willing to perform his part of contract, is his conduct or the steps taken by him to ensure that the ..... act') stipulates the manner, in which the court must exercise its discretion, while handling the suits for specific performance. though the remedy is discretionary in nature, such discretion must be guided by objective reasons and must not be exercised arbitrarily.9. it is too well known that time cannot be treated as the essence of contract .....

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Feb 04 2011 (HC)

Umakanth Padhi Vs. Poornachandra Padhi

Court : Andhra Pradesh

Decided on : Feb-04-2011

..... that there is absolutely no convincing evidence placed by the revision petitioner in proof of his acquiring title to the schedule mentioned property under oral contract of sale from the respondent and thus, concurrently held that the denial of title by the respondent revision petitioner is not a bona fide. ..... the dispute relating to title of the schedule mentioned premises has no substance. the rent controller and the appellate authority have jurisdiction under the act to go into the question of title for the limited purpose of ascertaining whether there existed any landlord and tenant relationship and also to find ..... be subject to the result of the suit, pendency of the suit does not debar the rent courts for exercising their jurisdiction under the rent control act. another learned single judge of this court in kedar bhatia v. lingarkar panduranga rao (since died) and others after reviewing the various judgments on ..... in a situation like this, the law does not contemplate that the matter shall not be decided by the courts under the rent control act till the title dispute is settled by the competent civil court.11. reliance is placed by the learned counsel appearing for the revision petitioner ..... landlord filed eviction petition against the tenant under section 10(2)(i), 10 (c) of a.p. buildings (lease, rent and eviction) control act. in response to the eviction petition filed by the landlord on the ground of willful default and also for his bona fide requirement for residential purpose, .....

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Mar 14 2011 (HC)

Andhra Pradesh Beverages Corporation Ltd. Vs. M/S. Ibm Global Services ...

Court : Andhra Pradesh

Decided on : Mar-14-2011

..... claim made by one party is denied by the other party. in the instant case, even according to the applicant, a dispute out of the contract dated 16.6.1999 was raised by notice dated 3.1.2003 whereunder the applicant demanded the respondent company to refund rs.43 lakhs within 30 ..... arbitration clause was invoked by issuing notice dated 21.6.2005 and the present application for appointment of arbitrator under section 11 (5) of the act came to be filed on 14.6.2010.8. having regard to the above said admitted facts, it is contended by the learned counsel for ..... cannot be settled mutually, shall be settled finally by arbitration in bangalore, india under and in accordance with the provisions of the arbitration and conciliation act, 1996 or any statutory modification or re-enactment thereof." 7. alleging that the respondent committed breach of terms and conditions of the said agreement, ..... further contended that the purported notice for arbitration is liable to be declared as invalid and nullity since the nominated arbitrator had not consented to act as an arbitrator. it is also contended that the application is barred by limitation since even according to the applicant, the agreement was terminated on ..... software provided by it. however there was no progress, though two years had elapsed. hence the present application under section 11 (5) of the act for appointment of arbitrator.5. in the counter-affidavit filed by the respondent while denying the receipt of the notice dated 21.6.2005, it is .....

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Aug 02 2011 (HC)

Uppalapati Vijaya Lakshmi Vs. Cherukuri Lokanadha Rao (Died) Per L.Rs ...

Court : Andhra Pradesh

Decided on : Aug-02-2011

..... evidently, in a suit for specific performance, the court has to find whether the plaintiff was ready and willing to perform the part of the contract and as to whether it is equitable to grant such a relief. the essential requirement is readiness and willingness and also the nature of the ..... . rajendra kantilal dalal v. bombay builders co. (p) ltd.2 10. in this case, it is to be noted that the enforceability of the contract against the subsequent transferee or purchaser under agreement of sale in the suit of the plaintiff depends upon the equitable relief of specific performance granted in his favour ..... the enforceability of the same. 6. the points that arise for consideration are: 1. whether the plaintiff is entitled for the specific performance of the contract of sale? 2. whether the judgment and decree passed by the learned district judge, krishna district at machilipatnam is legal and sustainable? 3. to what ..... a transferee for value who has paid his money in good faith and without notice of the original contract; 8. it is also not in dispute that under section 22 of the act, the refund of the earnest money can be granted in case, specific performance is not granted. 9. the ..... to be taken note of. section 19 (a) and (b) of the act reads as follows: 19. relief against parties and persons claiming under them by subsequent title:- except as otherwise provided by this chapter, specific performance of a contract may be enforced against- (a) either party thereto; (b) any other person .....

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Jan 19 2011 (HC)

Raj Kumar Khatri, S/O.Motilal Vs. the Deputy Commissioner of Transport

Court : Andhra Pradesh

Decided on : Jan-19-2011

..... 3-a (1) and (2) were struck down. the high court also restrained the state authorities from recovering any tax from the owners of contract carriages, which were kept, but were not being used. the appeal by the state was allowed in a decision reported as state of gujarat ..... emphasis supplied) 27. the state of gujarat amended the bombay motor vehicles tax act (which was made applicable to gujarat) by act no.2 of 2001 amending/inserting section 3-a, which enabled levy and collection of tax on contract carriages used or kept for use in the state. the challenge to the ..... office. the petitioner produced sufficient evidence to show this, but the same was not considered by the first respondent. under the provisions of the taxation act, and the andhra pradesh motor vehicles taxation rules, 1963 (the taxation rules), advance life tax has to be paid at the time of the ..... vires of section 3(3) of punjab passengers and goods taxation act, 1952. the said provision subjected the passengers and goods carried by a motor vehicle on a joint route to tax. the owners of the vehicles operated contract carriages between delhi and jammu. in the course of the journey, ..... the vehicles traveled through the state of haryana on nh-1, and the state levied tax on passengers and goods under the impugned section 3(3) referred to hereinabove. the supreme court dismissed the writ petitions observing as under.23. in the motor vehicles taxation acts .....

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Dec 23 2011 (TRI)

Praveen Kumar Reddy Sirupa Vs. Study Overseas India Pvt. Ltd. and Anot ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Dec-23-2011

..... only the ??disclosed ? agent of respondent no. 2. the provisions of the contract act, 1872, clearly provide that an agent is not liable for the acts of a disclosed principal subject to a contract to the contrary provided in section 230 of indian contract act. the liability if any, to the appellant was that of respondent no. 2 ..... reported in 60 (1995) dlt 522 (sc)=ii (1995) bc 372 (sc)=air 1995 sc 1766, the supreme court held that parties to a contract may agree to vest jurisdiction in one court when two or more courts are competent to entertain the matter. in navdeep singh v. i.i.t.t. ..... competent courts which can entertain a suit consequent upon a part of the cause of action having arisen there within, if the parties to the contract agreed to vest jurisdiction in one such court to try the dispute which might arise as between themselves the agreement would be valid. in m/ ..... of the offer letter dated 27.6.2008 and has conveniently omitted the other pages thereof. the said offer letter, inter alia states that all contracts and agreements are governed by english law and the jurisdiction of the english courts. the appellant accepted the offer of respondent no.2 and enrolled for ..... the m.sc. public health course with university of bedfordshire, england, u.k. in september 2008 thus, signifying a concluded contract between the appellant and respondent no. 2. the contract was entered into, concluded and conducted solely in england. the respondent no. 2 submits that the courts of india do not .....

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Mar 30 2011 (HC)

M/S.Bilasraika Sponge Iron Pvt. Ltd. Vs. M/S.Devi Trading Company.

Court : Andhra Pradesh

Decided on : Mar-30-2011

..... permission of the court. noticing the error committed an application was filed by the foreman and director of the plaintiff company to permit him to act as a representative of the company and to prosecute the suit. the said application was dismissed by the lower court. in revision, this ..... of rule 32 are to be construed as mandatory and the non-compliance thereof as a factor vitiating the entertainment of an application by a party acting on behalf of another under authorization. 18. sri b.v. subbaiah, learned senior counsel however (as already noticed) contended that the provisions of ..... 6 cpc and to pursue remedies thereagainst. this appeal is therefore maintainable as an appeal against an order passed under section 9 of the 1996 act. this issue is answered accordingly and in favour of the appellant. issue: (b) demonstrably the respondent has not complied with the provisions of ..... (1) when a party appears by any agent, other than an advocate, the agent shall, before making of or doing any appearance, application, or act, in or to the court, file in court the power of attorney, or written authority, thereunto authorizing him or a properly authenticated copy thereof together with ..... in london against the appellant, a claim founded on disputes arising out of a contract with the appellant, dated 09-11-2009. in the circumstances an application seeking interim measures, under section 9 of the 1996 act could be instituted. section 9 consecrates jurisdiction on a court (inter alia the principal .....

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Mar 30 2011 (HC)

M/S.Bilasraika Sponge Iron Pvt. Vs. M/S.Devi Trading Company

Court : Andhra Pradesh

Decided on : Mar-30-2011

..... permission of the court. noticing the error committed an application was fled by the foreman and director of the plaintiff company to permit him to act as a representative of the company and to prosecute the suit. the said application was dismissed by the lower court. in revision, this ..... of rule 32 are to be construed as mandatory and the non-compliance thereof as a factor vitiating the entertainment of an application by a party acting on behalf of another under authorization. sri b.v. subbaiah, learned senior counsel however (as already noticed) contended that the provisions of rule ..... 6 cpc and to pursue remedies thereagainst. this appeal is therefore maintainable as an appeal against an order passed under section 9 of the 1996 act. this issue is answered accordingly and in favour of the appellant. issue: (b) demonstrably the respondent has not complied with the provisions of ..... (1) when a party appears by any agent, other than an advocate, the agent shall, before making of or doing any appearance, application, or act, in or to the court, file in court the power of attorney, or written authority, thereunto authorizing him or a properly authenticated copy thereof together with ..... in london against the appellant, a claim founded on disputes arising out of a contract with the appellant, dated 09-11-2009. in the circumstances an application seeking interim measures, under section 9 of the 1996 act could be instituted. section 9 consecrates jurisdiction on a court (inter alia the principal .....

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Mar 30 2011 (HC)

M/S.Bilasraika Sponge Iron Pvt.Vs M/S.Devi Trading Company

Court : Andhra Pradesh

Decided on : Mar-30-2011

..... permission of the court. noticing the error committed an application was fled by the foreman and director of the plaintiff company to permit him to act as a representative of the company and to prosecute the suit. the said application was dismissed by the lower court. in revision, this ..... of rule 32 are to be construed as mandatory and the non-compliance thereof as a factor vitiating the entertainment of an application by a party acting on behalf of another under authorization. 14.sri b.v. subbaiah, learned senior counsel however (as already noticed) contended that the provisions of ..... 6 cpc and to pursue remedies thereagainst. this appeal is therefore maintainable as an appeal against an order passed under section 9 of the 1996 act. this issue is answered accordingly and in favour of theappellant.issue: (b) demonstrably the respondent has not complied with the provisions of rule ..... (1) when a party appears by any agent, other than an advocate, the agent shall, before making of or doing any appearance, application, or act, in or to the court, file in court the power of attorney, or written authority, thereunto authorizing him or a properly authenticated copy thereof together with ..... in london against the appellant, a claim founded on disputes arising out of a contract with the appellant, dated 09-11-2009. in the circumstances an application seeking interim measures, under section 9 of the 1996 act could be instituted. section 9 consecrates jurisdiction on a court (inter alia the principal .....

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Mar 04 2011 (HC)

Chodi Mahalakshmi Vs. Koppada Sathiraju and Others

Court : Andhra Pradesh

Decided on : Mar-04-2011

..... not proved then it is not a valid payment under the agreement and not in performance of the obligation under the contract. if dw.2 is to be benefited by any act by himself, the endorsement made on ex.a-1 will not therefore be a valid enforceable payment against the first defendant ..... upon such document must further establish that executant affixed his signature after knowing the contents thereof. in fact, it was also a case dealing with specific performance of contract. further more, in a judgment reported in ramji dayawala & sons (p) ltd., v. invest import (6) it was held as under:- "undoubtedly, mere ..... granting specific performance is legal and sustainable?points:- 12. the learned counsel for the appellant contends that there is no proof of execution of the contract of sale by the defendants and mere admission of the signatures is no proof of the execution of the document or the contents of the ..... on the plaintiff. aggrieved by the said judgment, the present appeal is filed.11. now the points that arise for consideration are:-1. whether the contract of sale pleaded by the plaintiff is true, valid and binding on the first defendant?2. whether the judgment and decree passed by the lower ..... refund of the sale consideration of rs.78,000/-.4. the first defendant filed a written statement denying the allegations in the plaint about the contract of the sale and receipt of the consideration. the defendant never executed the alleged agreement of sale. the possession of the plaintiff in the suit .....

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