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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 2011 Page 13 of about 256 results (0.046 seconds)

Sep 27 2011 (TRI)

National Insurance Co. Ltd. and Others Vs. the Secretary and Correspon ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Sep-27-2011

..... having been created by the statute, cannot be over-ridden by the terms of the contract of insurance between the parties. s.96(2) of the act, does not include violation of the terms of the permit relating to plying in certain geographical area ? . this principle ..... the liability of the insured to the 3rd parties, the insurer cannot take this kind of defense, further observing ??if there is a breach of contract on the part of the insured the insurer could proceed against the insured, but as far as the third party risks are concerned, the liability ..... thereby prayed for the dismissal of the complaint. 5. the district forum, while evaluating the matter, not approaching the case legally, based upon the insurance contract, approaching the case, more or less on other consideration, came to a conclusion, that there was no willful violation of permit condition, as well as ..... damage, on humanitarian grounds, or something like that, for which no jurisdiction was given under the act. the terms and conditions of the policy, as well as the permit being the terms of the contract agreed between the parties, that should be construed strictly and there is no question of elongating ..... was invented by the complainant, as if this vehicle was used to pickup the students, who stranded due to breakdown of another bus, justifying their act under ex.a12, which itself is an monumental proof for the violation of the permit, as well as policy condition. 11. the learned counsel for .....

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Jan 31 2011 (TRI)

Royal Sundaram Alliance Insurance Co. Ltd., Rep. by Executive-claim S. ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Jan-31-2011

..... collected the above said amount, which cannot be termed, as deficiency in service since there was no privity of contract between the complainant and the first opposite party, though they are in the network of the third opposite partys hospital, willing to accept the card on ..... partys hospital, incurring expenses are all not in dispute and only point that arise for consideration is, whether the third opposite party had committed any negligent act, amounting to deficiency in service, in not honouring the bill, on the basis of the policy, for which, the key is ex.a2 or ..... negligence, curing the problem, they have charged rs.32,034/- under ex.a4. when the first opposite party, has not committed any deficiency or negligent act, when the second and third opposite parties have not paid the amount, as per the health card for the service rendered by them, they have ..... canvass any deficiency, for not paying the amount since the repudiation was in order, as per the terms and conditions, which cannot be termed as negligent act also. thus, they also prayed for the dismissal of the complaint. 5. the first opposite party namely, the second respondent in this appeal, is ..... policy called ??cashless policy ? ended in vain, resulting not only over stay in the hospital, but also, causing mental agony. by the negligent and deficiency acts committed by the opposite party, the complainant was put to mental agony, for which, he is entitled to a sum of rs.50,000/-, in addition .....

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Dec 20 2011 (HC)

L.Kannaki Vs. the Secretary to Government and ors.

Court : Chennai

Decided on : Dec-20-2011

..... and shall be revised, repealed or extended as necessary. (emphasis supplied) 38.these principles which are contained in article 11, reproduced above, have to be read into the contract of service between the municipal corporation of delhi and the women employees (muster roll); and so read these employees immediately become entitled to all the benefits conceived under the maternity ..... benefit act, 1961................. 26.since i have come to the conclusion that the petitioner was unjustly denied maternity leave and employment, when she reported to duty, after delivery of a child ..... impugned order, based on the reply affidavit filed by the respondents. it is submitted that the petitioner, being a casual labourer, is not entitled to the benefits under the act. thus, the learned government advocate sought for dismissal of the writ petition. 17.i have considered the submissions made on either side and perused the materials available on record. ..... . but the respondents did not choose to reply to the representations made by the petitioner. it is submitted that as per section 5(2) of the maternity benefit act, 1961 (shortly the act), a woman employee, who has rendered service more than 80 days, is entitled to maternity leave. hence, denying maternity leave from 05.05.1996 and denying employment .....

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Apr 01 2011 (TRI)

Srei Infrastructure Finance Ltd., and Others Vs. S.Natarajan

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Apr-01-2011

..... consumer within the meaning of sec.2(1)(d) of the consumer protection act. the district forum failed to appreciate that the case of the appellant and the transaction between the complainant and the appellants is purely a contract of hire purchase and any dispute that arise under the contract which is referred to arbitration. under the hire purchase agreement, the hirer has ..... repossession of the vehicle which cannot be refused or denied by the opposite parties as the complainant was deprived of utilization of his vehicle and the opposite parties failed to act as per the law regarding seizure of vehicle as pointed out in 1 (2007) cpj page 200 magma leasing limited vs. bharat singh and in another case in , orix auto .....

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Oct 31 2011 (HC)

The Commissioner Vs. the Presiding Officer

Court : Chennai

Decided on : Oct-31-2011

..... 33, the labour court / tribunal has power to find out whether the termination is in truth, substance and innocuous and bona fide exercise of contract and the employer cannot get away merely describing the termination as simple in the letter of discharge. in this context, it is necessary to refer ..... imposed by the state government, regular recruitment was not possible. therefore, the resolution dated 27-4-1995 was passed for engaging the appellant on contract basis.26. in furtherance of the aforesaid resolution, the respondent engaged the appellant, who was already in its employment, as a clerk for a ..... period of six months on contract basis on a consolidated salary of `1000 per month. at the end of six months, the respondent passed another resolution dated 30-11- ..... recruitment of consolidated wages. in dealing with the case, the supreme court observed that engagement of contract basis will not take them away from the purview of the section 2(oo) of the industrial disputes act, and such an appointment, in the absence of approval by the state government, will not ..... present writ petitions came to be filed. by the impugned award, the labour court had exercised its power under section 11a of the industrial disputes act and set aside the discharge orders given by the petitioner. it directed the municipality to reinstate the contesting respondents with continuity of service. but .....

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Oct 28 2011 (HC)

The Commissioner Vs. K.Balu and ors

Court : Chennai

Decided on : Oct-28-2011

..... 33, the labour court / tribunal has power to find out whether the termination is in truth, substance and innocuous and bona fide exercise of contract and the employer cannot get away merely describing the termination as simple in the letter of discharge. in this context, it is necessary to refer ..... imposed by the state government, regular recruitment was not possible. therefore, the resolution dated 27-4-1995 was passed for engaging the appellant on contract basis.26. in furtherance of the aforesaid resolution, the respondent engaged the appellant, who was already in its employment, as a clerk for a period ..... of six months on contract basis on a consolidated salary of `1000 per month. at the end of six months, the respondent passed another resolution dated 30-11-1995 ..... of consolidated wages. in dealing with the case, the supreme court observed that engagement of contract basis will not take them away from the purview of the section 2(o)(o) of the industrial disputes act, and such an appointment, in the absence of approval by the state government, will not ..... retrenchment compensation at the same time pleading that it will not come under the definition of retrenchment under section 2(oo) of the industrial disputes act, they cannot prevent the labour court from scrutinising the real action taken by the municipality. especially, in the context of strike followed by the .....

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Apr 25 2011 (TRI)

The Medical Officer, Government Hospital, Attur , Salem District and O ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Apr-25-2011

..... of welfare schemes of the government. in those circumstances as per the definition under sec.2 (o) of consumer protection act 1986 under the terms ??service does not include the rendering of any service free of charge or under a contract of personal service. hence the district forum failed to consider all those aspects and other points raised by opposite parties and .....

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Nov 02 2011 (HC)

G.Poosathurai Vs. the District Collector

Court : Chennai

Decided on : Nov-02-2011

..... .8.99 para no 11, it is stated that water bodies in panchayat or panchayat union fish forming right should be given by open auction, and the contract period for five years. every year the contract amount should be raised 10% to the previous year. upset lease amount is to be determined by the panchayat or panchayat union consultation with concerned inspector ..... .the government order referred to dated 16.08.1999 in paragraph 4 which is a statutory rule framed by the state government under section 242 of the tamil nadu panchayats act, 1994 in respect of lease and licensing of fishery rights in water sources vested and regulated by village panchayats and panchayat union councils rules 1999. under the said rules, more ..... .04.1982.3.it is not clear as to how far the said government order can be enforced in the light of the subsequent enactment of the tamil nadu panchayats act, 1994. under section 133, the government is empowered to transfer to the village panchayat or to the panchayat union council, the protection and maintenance of any irrigation work, the management .....

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Oct 18 2011 (TRI)

Halfa Trading L.L.C., Sultanate of Oman, Rep. by Its Managing Director ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Oct-18-2011

..... received the entire amount for the same. the opposite party sent the goods on 19.9.07, but failed to finish the installation of the work as per contract and not rectified the defects for the machineries already installed. the opposite party left the muscut on 7.5.07 and the complainant requested for supply of the accessories ..... of machine does not mean that machinery used for commercial purpose ?? complainant a consumer proved. ? (3) iii 2007 (cpj) 219 (nc) in which it is stated as follows :- ??consumer protection act, 1986 ?? sec.2(1)(d) ?? consumer ?? commercial purpose ?? printing press ?? defective ?? deficiency in services proved ?? hence revision ?? contention of o.p., complainant not consumer, amount paid by ..... livelihood- complainant, a consumer ? (2) ii (2010) cpj page 330 in which it is stated as follows :- ??(ii) consumer protection act,1986 ?? section 2(1)(d) ?? consumer ?? commercial purpose ?? contention, dryer machine purchased for commercial purpose, rejected ?? mere allegation that complainant suffering loss of rs.1,000 per day ..... be entertained. the learned counsel for the complainant relied upon the ruling reported in, (1) i (2010) cpj 49 in which it is stated as follows :- ??(ii) consumer protection act, 1986 ?? section 2(1)(d) ?? consumer ?? self employment ?? contention, projector used for commercial purpose, not acceptable ?? evidence on record proves that projector purchased by complainant for earning .....

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Aug 24 2011 (TRI)

CaptaIn (Honorary) K.V. Devasia (Retd) Vs. Union of India, Rep by Its ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Decided on : Aug-24-2011

..... not on duty. category b death or disability due to causes which are accepted as attributable to or aggravated by military service as determined by the competent medical authorities. disease contracted because of continued exposure to a hostile work environment, subject to extreme weather conditions or occupational hazards resulting in death or disability would be examples. category c ? ? ? ? ? ? .. category d ? ? ? ? ? ? .. ..... of an individual who on account of misconduct or inefficiency is reverted to a lower rank subsequent to the date on which the wound or injury was sustained or disability contracted, the rank for assessment of service and disability elements of pension shall be the rank held on the date of invaliding from service. ?? so, as per regulation 180 ?? (a) ..... , which clearly states as follows:- ??180.the rank for the purpose of assessment of service element and disability element of disability pension, shall be the substantive rank or higher paid acting rank, if any, held by the individual, on any of the following dates, whichever is most favourable_ (a) the date of discharge/invalidment from service or, (b) the date ..... made by justice aca adityan) 1. this application has been transferred from the principal bench under section 27 of the armed forces tribunal act 2007. 2. the applicant, who was discharged from service on 31.08.1992 under army act section 13(3) i(i)(a), after getting the release of service pension and disability element of pension, is standing before us .....

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