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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 2011 Page 11 of about 256 results (0.046 seconds)

Nov 22 2011 (HC)

The Commissioner and anr. Vs. S. Nithyanantham

Court : Chennai

Decided on : Nov-22-2011

..... proceeding taken against the employee.34. in v.p.gindroniya vs. state of madhya pradesh reported in air 1970 sc - 1494, the honourable supreme court has held that as the contract of employment is subsisting during the suspension, the employee is therefore, entitled to full pay and allowances for the period which must be paid to him, after reinstatement. therefore, for ..... during which he was kept under suspension.36. to apply the principle of estoppel, there must be an allegation and evidence to establish that 'a' made a representation to 'b' acting thereupon be altered his position to his prejudice as per the decision baburam v. basdeo reported in air 1982 allahabad- 414, at special page no.418. certainity is essential to ..... has been placed under suspension?(b). whether or not the period of suspension shall be treated as duty as per fundamental rules?33. the fundamental rules enjoins a duty to act in accordance with the basic concept of justice and fair play. also, in m.gopalkrishna naidu vs. state of madhya pradesh reported in air 1968 sc - 240, the honourable supreme .....

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Dec 20 2011 (HC)

Anbarasu Vs. the Deputy Superintendent of Police and ors.

Court : Chennai

Decided on : Dec-20-2011

..... articles cannot be believed. the properties, allegedly recovered from the accused, have not been identified as stolen properties, and thus, the presumption under section 114(a) of the indian evidence act, 1872, is not available for the prosecution. (x). the accused have not taken any false plea, as it is projected by the learned public prosecutor. had it been the conspiracy to ..... no bombs planted by terrorists killing completely innocent people, men, women and children in dozens with sickening frequency. there were no private armies. there were no mafia cornering huge government contracts purely by muscle power. there were no reports of killings of social activists and whistle-blowers. there were no reports of custodial deaths and rape and fake encounters by police ..... alne will not constitute a conspiracy. as defined in section 120(a) of the indian penal code, essentially, conspiracy requires an agreement between the accused to do an illegal act or an act which is not illegal itself but is done by illegal manner. but, in this case, though there are evidences to the effect that these two accused were moving together ..... during test identification parade is only a corroborative piece of evidence. there are cases, where, even in the absence of test identification parade, the courts have shown inclination to act upon such identification made for the first time in court. there is no strait-jacket formula that the identification made for the first time in the court, without there had .....

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Jun 06 2011 (HC)

Mohamed Mujeebur Rahman Vs. the State of Tamil Nadu and ors.

Court : Chennai

Decided on : Jun-06-2011

..... section (2) of section 46; or(h) is interested , directly or indirectly, in a subsisting lease in respect of any wakf property, or in any contract made with, or any work being done for, the wakf or is in arrears in respect of any sum due by him to such wakf; or(i) ..... 42. the question to be considered on the facts of the present case is as to whether it is the wakf board which has to act under act 43 of 1995 in respect of the wakf created by way of will based on which a scheme has been framed by the civil court ..... expression any person interested therein, shall, in relation to any property specified as wakf property in the list of wakfs published after the commencement of this act, shall include also every person who, though not interested in the wakf concerned, is interested in such property and to whom a reasonable opportunity had ..... wakf boards from mere instruments of administrative supervision to creative organs for educational, social, economic and cultural renaissance. even after the passing of the said act, it was felt that the powers are periodically given by way of amendments to the nominated boards to interfere and intervene in the matters relating exclusively ..... postponed indefinitely, it will be hit by the rule against perpetuities. it was these contradictions which resulted in the passing of the mussalman wakf validating act, 1913 defining the term wakf to mean the permanent dedication by a person professing the mussalman faith of any property for any purpose recognised by the .....

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Jun 06 2011 (HC)

Bharat Sanchar Nigam Limited Vs. M/S. Wipro Net Ltd.

Court : Chennai

Decided on : Jun-06-2011

..... or upon the happening of a specified contingency.three yearswhen the time specified arrives or the contingency happens.55for compensation for the breach of any contract, express or implied not herein specially provided for.three yearswhen the contract is broken or (where there are successive breaches) when the breach in respect of which the suit is instituted occurs or (where the ..... 2004) 13 scc 14 [accountant general (a&e) and another]3. air 1998 kerala 31 [godan namboothiripad v. kerala financial corporation, vellayambalam and others]11. article 112 of the limitation act reads thus:articledescription of the suitperiod of limitationtime from which period begis to run112any court [except a suit before the supreme court inthe exercise of its original jurisdiction] by or ..... the definition of the terms central government and state government have been defined. hence, it is apposite for this court to take aid of the definition clause in general clauses act, 1897, in which section 3(8), central government has been defined as follows:- 3(8). central government shall-(a) in relation to anything done before the commencement of the ..... would not make the plaintiff as central government. in order to possess the status central government, it should come within the purview of section 3(8) of the general clauses act, aforementioned. even though it is constituted under special statute at the behest of the central government, the plaintiff would not acquire the status of central government. hence, i .....

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Jan 19 2011 (HC)

M/S.Vishwa Infrastructures and Services Pvt. Ltd. Vs. the Chief Engine ...

Court : Chennai

Decided on : Jan-19-2011

..... has been held as follows:"article 14 of the constitution prohibits the government from arbitrarily choosing a contractor at its will and pleasure. it has to act reasonably, fairly and in public interest in awarding contract. at the same time, no person can claim a fundamental right to carry on business with the government. all that he can claim is ..... conditions of a tender document and awarding a contract of the nature of ensuring supply of high security registration plates, greater latitude is required to be conceded to the state authorities. certain preconditions or qualifications for tenders have ..... and discriminated against, to the detriment of public interest. undisputedly, the legal position which has been firmly established from various decisions of the supreme court is that government contracts are highly valuable assets and the court should be prepared to enforce standards of fairness on government in its dealings with tenderers and contractors. in the matter of formulating ..... it has been stated that the petitioner is a company, registered under the companies act, 1956. it is engaged in the business of execution of infrastructural projects, by way of turn key contracts, for water supply schemes and other works. the petitioner company has been executing contracts for the water supply boards in the various states of india and it has .....

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Mar 11 2011 (HC)

Astral Cables Limited Vs. the National Small Industries Corporation Li ...

Court : Chennai

Decided on : Mar-11-2011

..... the agreement between the plaintiff and 1st respondent dated 19.7.2000, the terms of contract are governed by u.p.public moneys (recovery of dues) act and section 3(3) and 3(5) of the act bars the civil suit. the first respondent sought for rejection of the plaint alleging that ..... sub-section (1) shall be final and shall not be called in question in any original suit, application (including any application under the arbitration act, 1940) or any reference to arbitration, and no injunction shall be granted by any court or other authority in respect of any a action ..... injunction restraining the 2nd defendant from initiating action against the plaintiff or its director under section 3 of u.p.public moneys (recovery of dues) act, 1972 in respect of the amount due by the 1st defendant.4. the 2nd respondent tneb is resisting the suit contending that the appellant ..... any action on the bills discounted by it, the 2nd defendant initiated action against the plaintiff under uttar pradesh public moneys (recovery of dues) act, 1972 and the amount claimed by the 2nd defendant was sought to be recovered as arrears of land revenue. earlier, the appellant had filed ..... and supplying cables to the electricity boards. the 1st respondent national small industries corporation (in short, "nsic") is a government company incorporated under the companies act having its registered office at nsic bhawan, near okhla industrial estate, new delhi. the 2nd respondent tamil nadu electricity board (in short, "tneb") .....

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Jan 24 2011 (TRI)

HwashIn Automotive India Private Ltd. Vs. Commissioner of Service Tax, ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

Decided on : Jan-24-2011

..... taxable service namely 5% of the net sales value of the goods and that income tax was remitted for the purpose of compliance with the provisions of the income tax act and the procedure for grossing up of amounts for the purpose of calculating income tax is as per section 195a of the income tax ..... act and that the income tax remitted on the value of taxable service is over and above the amount charged by the service provider and does not form part of the amount payable as per the contract. in this connection, they rely upon a chart showing details of gross .....

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Dec 27 2011 (TRI)

The Manager, Airtel, Santhome High Road, Chennai Vs. G. Kamarasu and O ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Dec-27-2011

..... the mobile. the complainant did not recharge it within the grace time provided. 4. the 3rd opposite party averred as follows :- the 3rd opposite party alleged that there was no contract of service between them and the complainant. the complainant failed to recharge the mobile in august 2006 and the address of the complainant at the time of enrolling himself as ..... have no jurisdiction and the dispute between the service provider and the consumer has to be decided by the arbitrator to be appointed under sec 7b of the indian telegraph act. here also the complainant complaints about the wrong disconnection due to alleged late payment for recharging for the mobile service and thereby we are of the view that the matter ..... comes under the purview of sec 7b of the indian telegraph act and in view of the honble supreme courts ruling and in view of the above position the consumer forum has no jurisdiction to entertain the complaint and in this regard .....

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Sep 08 2011 (TRI)

K.Sivashankaran Vs. M/S. Reliance Communications Ltd.

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Sep-08-2011

..... the complainant filed the complaint against the opposite party being the reliance communications ltd., a company having under the control of the trai and comes under the post and telegraph act for the purpose of service and the complainant claimed reliefs for refund of excess billing and deficiency in service relating to the change of plan term etc. but in view ..... the view that in view of the dictum of the honble supreme court the complainant has to approach concerned arbitrator to be appointed under sec.7b of the indian telegraph act by the concerned communication services to get the grievances redressed and thereby as the honble supreme court ruled the dispute between the service provider and the consumer has to be ..... has not made out the case of deficiency of service and further complaint is not maintainable for want of privity of contract between the complainant and the opposite party as on the date of filing this complaint stating that continues contract was on as if continuous process was on. 6. while the appeal is taken up for hearing and on perusal of ..... not made out the case of deficiency of service and further complaint is not maintainable for want of privity of contract between the complainant and the opposite party as on the date of filing of this complaint stating that the continues contract was on as if continuous process was on. 5. aggrieved by the order of the district forum the complainant has .....

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Sep 06 2011 (TRI)

Authorized Signatory, Icici Lombard General Insurance Co.Ltd., Vs. N. ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Sep-06-2011

..... claim, whatsoever, because every person suffers from symptoms of any disease without the knowledge of the same. the policy is not a policy at all, as it is just a contract entered only for the purpose of accepting the premium without the bonofide intention of giving any benefit to the insured under the grab of pre-existing disease. most of the ..... below allowed the complaint. new india assurance company ltd vs. shri kashinath balmukund marwadi reported in 2008 (4) cpr 95 (nc) in which it is reported as follows :- ??consumer protection act, 1986 ?? sec.12 and 17 ?? mediclaim policy ?? insured suffered heart stoke and underwent bypass surgery-claim repudiated on ground that while getting risk enhanced in second year insured suppressed material .....

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