Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 2011 Page 10 of about 256 results (0.068 seconds)

Nov 04 2011 (HC)

State Rep by Vs. K.P. Jai Xavier

Court : Chennai

Decided on : Nov-04-2011

..... misconduct by the accused would not arise. the version of witness no.21 indicates that the work was done as per the specifications contained in the contract. the court may also record a finding to that effect. there would be no ground for ignoring nor discarding his evidence. hence there is no ..... engineer and junior engineer respectively in tirunelveli municipal corporation. 8th accused is managing partner of the contractor firm viz., sreepathy associates, erode, who had taken the contract for formation of the bus stand. a4 to a7 are the employees of private engineering consultancy. it is the allegation that a1 to a3 were entrusted with ..... a ground to suspect his report.2.(e) the case of the prosecution is that the work was not done as per the conditions of the contract so the earth has not sunk in the course of this 3 . years wold not establish the fact watering and compaction were done during the execution ..... allegations contained in the police report and in the statement of witnesses and the documents i.e., the measurements books and other documents relating to the contract work done in the new bus stand would show that the entries made in relation with the measurements of works done stage by stage in the ..... section 13(2) r/w 13(1) (d) of prevention of corruption act, 1988.11. it is the first and foremost contention of the revision petitioner that the work was not done as per the specification contained in the contract that when the earth was filled in the site for every 15 cm, the .....

Tag this Judgment!

Nov 14 2011 (TRI)

M/S. Appu Hotels Limited Vs. M/S. Ion Exchange Services Ltd.

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Nov-14-2011

..... lever was increased in february 2007 which was continued up to september 2007 due to technical and thorough knowledge of the opposite party. as per the contract spares are to be supplied by the complainant and in the month of august 2008 the complainant was suggested for replacement of some critical spares in ..... in those circumstances the complainant cannot blame or allege any deficiency of service in annual maintenance of the r.o as per the terms of the contract dated 26.9.06 and the complainant also failed to file any technical report regarding the r.o plant to establish that because of the ..... the opposite party has committed any deficiency of service regarding the maintenance of r.o plant installed by the complainant in the premises as per the terms of the contract agreement dated 26.9.06 ? 2) whether the complainant is entitled the claim as prayed for ? 3) to what relief ? 6. point no.1 ..... their proof affidavits and documents of both sides are marked as exhibit a1 to a13 and exhibit b1 to b5. 4. exhibit a1 xerox copy of contract agreement between the complainant to the opposite party dated 26.9.06. exhibit a2 xerox copy of minutes of the meeting by the complainant and the ..... day for consideration, this commission made the following order.) a.k. annamalai, presiding member judicial 1. the complaint filed under section 17 of the consumer protection act- 1986 : complainant is a 5 star hotel having his brand name lee royal meridian, chennai and in the hotel premises at no.1, gst road, .....

Tag this Judgment!

Dec 02 2011 (HC)

Daystar Television Network Pvt Ltd. Vs. Word of God Fellowship and anr ...

Court : Chennai

Decided on : Dec-02-2011

..... the first respondent. 28. the learned senior counsel for the appellant argued that there is no reason for the first respondent to terminate the contract. even the alleged financial irregularities now pointed out by the first respondent is after the filing of the present original side appeal and there ..... his service as true service to god and at free of cost. later on, since the earlier indian representative was not functioning properly, the contract with him was terminated and the appellant was appointed as indian representative by the first respondent. it is pertinent to point out here that the ..... is the registered owner of the trade mark and so long as the registration continues, the first respondent has no legal right to terminate the contract. as proprietor of the registered trade mark, the appellant has every right to utilise the registered trade name. the learned senior counsel for the ..... and return it to the first respondent. as per the letter of termination, the appellant would cease to have any authority to enter into contract for telecast of programmes of daystar television network. in and by such letter of termination, the appellant was also required to pay to the ..... an application under section 9 of the arbitration and conciliation act, whatever is applicable under order 39 rule 1 and 2 of cpc will also be applied. in that particular facts and circumstances, the honourable supreme court held that since the contract was terminated, there will be a limited injunction restraining .....

Tag this Judgment!

Nov 14 2011 (HC)

The Madurai Paddy Commission Vs. the Commissioner and anr.

Court : Chennai

Decided on : Nov-14-2011

..... the division bench held that normally in the writ petition under article 226 of the constitution no mandamus will lie to enforce any specific performance of a contract. hence, the order passed by the learned judge was set aside.6. aggrieved by that order of the division bench, the petitioner preferred an slp ..... round of litigation.18. the agreement was signed between the traders and the marketing committee. having agreed to the terms of the contract they cannot reside from it. it is rather unfortunate that the petitioner having lost the first round of battle started a second round of battle ..... the supreme court when dismissing the slps.17. in fact, in paragraph 8 of that counter affidavit, the secretary had clearly stated that the bilateral contract and the clauses were not presented in the writ petition, meaning thereby the proper facts were not mentioned by the petitioner at the time of earlier ..... petition averment that as if the fixation of price as arbitrary and the contractual clause as unilateral is unsustainable and incorrect. in fact the bilateral contract and its clause has not at all been properly presented in the writ petition. the writ petitioner with open mind has consented to and agreed ..... not in dispute that the high court issued a writ of mandamus. it is also not in dispute that the direction of the high court was acted upon. the principle of res judicata, as is well known, would apply in different proceedings arising out of the same cause of action but .....

Tag this Judgment!

Feb 25 2011 (HC)

S.R.G.Thayal and ors. Vs. the Secretary to Government and ors.

Court : Chennai

Decided on : Feb-25-2011

..... acceptance of benefits.- estoppel is frequently based upon the acceptance and retention, by one having knowledge or notice of the facts, of benefits from a transaction, contract, instrument, regulation which he might have rejected or contested. this doctrine is obviously a branch of the rule against assuming inconsistent positions. as a general principle, one who knowingly accepts ..... to set it aside.' " 27.in america estoppel by acceptance of benefits is one of the recognised situations that would prevent a party from taking up inconsistent positions qua a contract or transaction under which it has benefited. american jurisprudence, 2nd edn., vol.28, pp.677-80 discusses "estoppel by acceptance of benefits" in the following passage: "estoppel by the ..... reasons set out by us hereinabove, we have no hesitation in holding that the appellant was not entitled to question the terms of the migration package after unconditionally accepting and acting upon the same."22.therefore, following the ratio laid down by the honourable apex court in the above said decision, referred supra, this court is of the view that, these ..... the validity of that defence must be tried upon principles substantially equitable. two circumstances, always important in such cases, are, the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far as it relates .....

Tag this Judgment!

Aug 17 2011 (HC)

S.R.Trust and ors. Vs. S.Ramesh

Court : Chennai

Decided on : Aug-17-2011

..... natural justices and grant of such order would amount to abuse of power vested in court - no right would flow from such order or from any contract or from any act done in pursuance of such mandatory injunction. 14.the learned counsel for the respondent further argued that the learned i additional subordinate court, madurai has original and pecuniary ..... conformity with order 39 rule 3 - order of lower court granting ex parte interim injunction set aside. 13.in another judgment in the case of the railway co-op. labour contract society ltd vs. union of india reported in 1995(ii) ctc 38. the relevant portion of this judgment reads as follows:- civil procedure code 1908 - order 39 rule 1 - exparte ..... given subsequently - subsequent order giving reasons would bear the same date of original order. specific relief act 1963 - section 39 - civil procedure code 1908 - order 39 rule 1 and 2 - mandatory injunction - natural justice - court granting mandatory injunction pending suit directing public authorities to award contract - such mandatory injunction without notice and hearing to defendants is nullity being in violation of principles of ..... mandatory injunction - exparte mandatory injunction obtained in application pending suit directing public body to enter into contract by party playing fraud and without notice to defendants. such exparte order is null and void and has no validity in law .....

Tag this Judgment!

Jun 27 2011 (TRI)

Commissioner of Customs (imports), Chennai Vs. Ravi Enterprises and Ot ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

Decided on : Jun-27-2011

..... seas buyers. for recovery of the dues from the buyers, in respect of a sale executed on the basis of a high seas sale agreement/contract, the high seas sellers cannot coerce the customs authorities to release the seized goods to them particularly when both the seller and buyer are located ..... overseas by shri biren shah, when the fraud was detected. hence the officer is well within the provision of section 30 (3) of the customs act to reject the request for amendment, even if it had moved by the steamer agent ---. the adjudicating authority erred in not following the above legal position ..... the commissioner of customs (seaport-export), while deciding the issue of extension of seizure period for the impugned consignments under section110(a) of the customs act, 1962. ix) the adjudicating authority erred in not rejecting the contention of the high seas sellers that m/s.ravi enterprises and m/s.shree ..... the above legal position. v) the adjudicating authority erred in not appreciating the definition of the term importer given under section 2 (26) of customs act, 1962 in true spirit. section 2 (26) states that importer, in relation to any goods at any time between their importation and the time ..... of customs (seaport-exports) extended the period for issue of show cause notice in respect of seized goods under section 110 (2) of the customs act, 1962 by another six months. before the commissioner (imports), the high seas sellers raised the plea that although they had sold the mulberry raw silk .....

Tag this Judgment!

Nov 23 2011 (TRI)

V. Marine Engineering Contractor, V. Marine Shipyard Vs. M/S. National ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Nov-23-2011

..... . 3. the opposite party denied the allegations of the complaint in their written version and contended that complaint is not maintainable as per the contract of insurance the complainant is entitled for indemnity in respect of all the sums insured shall become liable to pay by reason of the legal ..... hence the opposite party not in a position to settle the claim. 7. further it is contended as per clause no.6 of the contract insurance offered by the insurer complainant is entitled for indemnify in respect of all sums which the assured shall become liable to pay by reason ..... service and unfair trade practice and for costs. 2. the gist of the complaint in brief are as follows :- complainant dealing marine engineering contract having insurance policy with the opposite party for the perils of vessels insured with the opposite party under policy no.500601/22/11/0007/98-99 ..... is contended that the relevant policy of insurance being specialized policy necessitated the approval of tariff advisory committee apex body then in force under insurance act 1938 for rating, grant and approval of such policies of insurance for grant of claim its approval and ratification is required and when it was ..... for consideration, this commission made the following order.) a.k.annamalai, presiding member judicial 1. the complaint filed under section 17 of the consumer protection act- 1986 :- complainant filed complaint claiming direction for payment of rs.5,22,662.55 with 18% interest and rs.1,00,000/- towards damages .....

Tag this Judgment!

Feb 02 2011 (HC)

J.Joshuva Vs. the Revenue Divisional Officer

Court : Chennai

Decided on : Feb-02-2011

..... respondent has in fact arrived at a conclusion, viz., the respondent has quantified the penalty amount even without deciding the issue.7. it is his further submission that when the contract itself has come to an end in the year 1999, based on certain reports of the year 1999, nearly after three years the show cause notice is issued and at ..... proper application was filed before the regional transport authority. such an interference on the part of any authority upon whom the act does not confer any jurisdiction, is wholly unwarranted in law. it violates the constitutional scheme. it interferes with the independent functioning of a quasi judicial authority. a permit, if ..... the fourth respondent filed the application before the chief minister straightaway. office of the chief minister communicated the order of the chief minister, not once but twice. respondent no. 2 acted thereupon. it advised the regional transport authority to proceed, after obtaining a proper application from respondent no. 4 in that behalf. this itself goes to show that prior thereto no ..... geologist (mines), tirunelveli himself has no jurisdiction to inspect the mines, survey and measure the mines, since under section 24 of the mines and minerals (development and regulation) act, 1957 (for short, "the act"), it only authorises the central government or any person authorised by it to inspect the mines or by the state government by general order and the assistant geologist .....

Tag this Judgment!

Mar 04 2011 (HC)

M.A. Shivakumaran and ors. Vs. Sundaram Finance Ltd.

Court : Chennai

Decided on : Mar-04-2011

..... units to the complainant company for sale and sought financial assistance under hire purchase scheme. on the basis of such representation, the complainant company agreed to enter into hire purchase contract. the resolutions of the company showed that there is no lien over the machinery and the chartered accountant also issued a certificate that there is no lien on this machinery ..... the fact remains that when they have produced such certificate there was already a lien in the property. it is submitted that under secs.125 and 126 of the companies act the charges were already notified and the complainant is deemed to have noticed such charges. the decision relied on by the learned senior counsel by the petitioner relates to a ..... charge in favour of idbi only during the course of execution of proceedings, is not true. the learned senior counsel submitted that under secs.125 and 126 of the companies act, the complainant was presumed to have knowledge of the earlier charges duly registered with the registrar of companies. the learned senior counsel also submitted that the case of the complainant ..... is extending hire purchase, loan and leasing facility on vehicles, machinery, equipment to individuals and corporate companies. sri rajeswari mills limited at gudiyatham taluk is a company incorporated under companies act and the petitioners 1 to 3 are the directors of the company and the 4th petitioner is the chartered accountant. the said company is having two units, one at gudiyatham .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //