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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 2011 Page 14 of about 256 results (0.052 seconds)

Nov 02 2011 (HC)

Karupayee Alias Vellaithayee Ammal. Vs. Kathariya Tharka Trust

Court : Chennai

Decided on : Nov-02-2011

..... the second appellant/second defendant in the suit property is neither legal nor proper. also, it is not binding on the respondent/plaintiff.8. there is no privity of contract between the respondent/plaintiff and the second appellant/second defendant. the second appellant/second defendant never obtained any written permission from the respondent/plaintiff to take any lease hold right ..... the suit is not maintainable, he placed reliance on the ingredients of section 106 of the transfer of property act, which reads hereunder:-106. duration of certain leases in absence of written contract or local usage.- (1) in the absence of a contract or local law or usage to the contracty, a lease of immovable property for agricultural or manufacturing purposes shall be ..... notice as per section 106 of the transfer of property act is not maintainable and the substantial question of law is answered against the respondent/plaintiff and in favour of the appellants/defendants.41. in the result, the second appeal ..... to be issued by the respondent/plaintiff to the appellants/defendants. however, in the case before us, no notice as per section 106(4) of the transfer of property act has been issued to both the appellants. therefore, this court comes to an inevitable conclusion that the suit filed by the respondent/plaintiff against the appellants/defendants without issuance of .....

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Dec 09 2011 (HC)

Bharathi Credit and Investments Private Limited Vs. S.Seeniraja Velu

Court : Chennai

Decided on : Dec-09-2011

..... the merits of the present case. (xxx)at this juncture this court pertinently points out that section 91 of the indian evidence act relates to evidence of terms of contract, grants and other disposition of properties reduced to form of document. this section forbids proving the contents of writing otherwise than by writing ..... itself. it is in reality declaring a principle of the substantive law, namely, in the case of a written contract, oral evidence is excluded when a document thus exists and more so, when the law enjoins the matter to be reduced in the form a document ..... are regularly maintained and are true etc., is not a legally valid and correct one in the eye of law especially under the indian evidence act, which enjoins that if the accounts of a company are maintained properly and if they are kept in the course of ordinary business transaction, then ..... the best evidence to prove its contents. it is true that the expression oral evidence as mentioned in section 91 and 92 of the indian evidence act includes not only one adduced by examining on behalf of such party, but also cross examination of witnesses by either side, in relation to it. ..... mohan bharathi's appointment and the present pronote outstanding amount and connecting the same and further, at the instance of iyyappan, the appellant/plaintiff is acting are all not correct. r.a.iyyappan mentioned in the notice is a person who has left from the office of the appellant/plaintiff. there is .....

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Feb 28 2011 (HC)

Rt.Rev.Aruldoss and ors. Vs. Moses Thambi Pillai and ors.

Court : Chennai

Decided on : Feb-28-2011

..... 25(3) cannot be accepted.13. on the part of the first appellant, it has been contended that the pastors are professionally qualified, trained, religious clergy, who are on contract of full time employment with the church society under an order of employment for remuneration, subject to several conditions of employment, including an action for removal from service and hence ..... by its secretary, has filed w.p.no.523 of 1982 before this court, praying to issue a writ of declaration, declaring that the provisions of the tamilnadu societies registration act (act 27/75) and the tamilnadu societies registration rules 1978 made thereunder as unconstitutional and void and inapplicable to their church. a learned single judge of this court, by the ..... . for better understanding the purpose for which the exemption has been sought for on the part of the church, we shall now extract hereunder the above referred sections of the act. "section 14: register of members -(1) every registered society shall maintain a register containing the names, addresses and occupations of its members.(2) the register of members shall, during ..... of the institutional particularly regarding spiritual and religious matters, the bishop and president of the church has requested the government to exempt the church from all the provisions of the act and the rules made thereunder, retrospectively from 22.4.1978. but finding the said request of the church not reasonable and in fact, undesirable, the government has required the .....

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Nov 23 2011 (HC)

Ms.Vishnuvardhan Paper Mills Pvt Ltd. Vs. Tamil Nadu Electricity Board ...

Court : Chennai

Decided on : Nov-23-2011

..... 28. but unfortunately for the petitioner, none of these 8 decisions relied upon by the learned counsel for the petitioner, make a reference either to the provisions of the electricity act, 2003 or to the provisions of the supply code, 2004 or the distribution code, 2004. therefore, these decisions are no more than orders granting reliefs to the petitioners therein ..... writ petitions against the demands made by the respondents and have also secured interim orders. those companies as well as the petitioner herein are body corporates incorporated under the companies act, 1956, having common seal and perpetual succession. since all of them are independent legal entities, the service connections enjoyed by them under separate agreements entered into with the respondents ..... licensee for economic loss resulting from negligence of the person to whom the electricity is supplied.12. in exercise of the powers conferred by sections 46 and 86 of the act, the tamil nadu electricity regulatory commission has issued the tamil nadu electricity distribution code, 2004, with effect from 1.9.2004. regulation 27 (1) of the said code ..... electricity is regulated by the statute, the terms and conditions of supply continue to remain in the realm of a contract. the consumers enter into agreements with the respondents and they become bound by the terms of such agreements. after the electricity act, 2003, the electricity board itself has undergone a metamorphosis. therefore, it is possible in course of time, that .....

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Nov 22 2011 (HC)

AuspIn Anpuraj Baylis Vs. the Chief Manager

Court : Chennai

Decided on : Nov-22-2011

..... say that the public sector banks having regard to the provisions of the banking companies (acquisition and transfer of undertakings) act, 1970 should discharge their functions keeping in mind the larger public interest but ordinarily in the matter of enforcement of contract, they are to be governed by the terms thereof, which would not be amenable to writ jurisdiction of the high .....

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Dec 20 2011 (HC)

D. Paranjothi Vs. the Chairman and ors.

Court : Chennai

Decided on : Dec-20-2011

..... terms of the invitation to tender are not open to judicial scrutiny and the courts cannot whittle down the terms of the tender as they are in the realm of contract unless they are wholly arbitrary, discriminatory or actuated by malice. this being the position of law, settled by a catena of decisions of this court, it is rather surprising that ..... transport infrastructure development corporation limited reported in (2010) 6 s.c.c. 303, a communication was issued by the central government in exercise of its power under the motor vehicles act and the rules made thereunder providing for certain standards in respect of new system of high security registration plates. that communication laid down guidelines for incorporating necessary conditions in nit .....

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Aug 26 2011 (TRI)

The Manager, M/S.icici Bank Limited Vs. B.Ponnuvijayan

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Aug-26-2011

..... was sent by way of demand draft after that notice. hence in those circumstances, when the complainant himself in default in payment of dues as per the hypothecation agreement and contract for the lawful action taken by the opposite party he cannot claim any relief against the opposite party. but the district forum without considering all those details and simply on ..... at termination r.1,395/- was adjusted and after that a sum of rs.10,962/- was waived up and thereby it is clearly seen that the opposite party have acted in a bonafide manner for recovery of loan and after giving intimation relating to the seizure of the vehicle and even as per the legal notice exhibit a3 it is ..... subsequently failed to pay the dues in spite of the notice the vehicle was recovered and informed through the telegram which are all admitted. the only thing that whether the acts of the opposite party would amounts to deficiency of service or unfair trade practice is the point to be considered. the complainant admitted that he had not paid the repayment .....

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Jun 30 2011 (TRI)

Golden Multi Service Club of Gtfs and Another Vs. Saraswathi and Other ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Jun-30-2011

..... any deficiency, and if at all, the complainant ought to have proceeded the claim, against the third opposite party in view of the further fact, there is no privity of contract between themselves and the complainants, or the assured, in this case namely arumugam. therefore, as agents, the first and second opposite parties have performed their duties and there is no ..... deficiency on their part, though they have acted, as authorized signatory of the third opposite party, as observed by the district forum, that does not mean that they should be held, for non-settlement of the claim by ..... challenge. 6. the third opposite party-insurance company has not challenged the order of the district forum and therefore, as contemplated under section 15 and 24 of the consumer protection act, the finding rendered against the third opposite party reached finality since separable and in this view, we are declined to disturb the finding as far as the third opposite party .....

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Mar 16 2011 (HC)

Chandragiri Construction Company Vs. the Income-tax Settlement Commiss ...

Court : Chennai

Decided on : Mar-16-2011

..... proceedings, 40 undisclosed bank accounts were detected, through which unaccounted cash was routed for investment in immovable properties in mangalore. (b) it is stated that some of the undisclosed contract receipts and investments in properties were routed through a large number of undisclosed bank accounts and on that basis, the assessees balance sheets as on 31st march of financial years ..... respectively. therefore, there is much discrepancy in the disclosure made by the petitioner, which has prompted the second respondent to file the application under section 245d(6) of the act.17. it is in the above said factual context, the first respondent issued the impugned notice. on reference to the application filed by the second respondent before the settlement ..... within reasonable time. the authority cannot neglect to do that which the law mandates and requires doing. by not issuing consequential final statement under section 11(1) of the act, the authority had failed to discharge its statutory duty. obviously, therefore, the appellant is justified in urging that such default in discharge of statutory duty by the respondents under ..... part of the assessing authority/second respondent is immaterial for, it is the first respondent who is ultimately to perform the quasi-judicial functions as per the provisions of the act to decide about the correctness or otherwise of the allegations made by the second respondent. therefore, in my considered view, the petitioner need not presuppose as if the .....

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Apr 01 2011 (HC)

V. Sivakumar. Vs. the Inspector General of Registration and anr.

Court : Chennai

Decided on : Apr-01-2011

..... declaration of v.s. murugan as the highest bidder in the auction on 30.03.2005, the said v.s. murugan had admittedly entered into a contract for assignment of his rights to purchase the property with v. sivakumar, appellant in w.a. no. 2407 of 2010. the said v. sivakumar ..... actual value of the property apart from registration charges and the registering authority is empowered to refer the matter under section 47a of the indian stamp act for determination of the correct value of the property. consequently, we find no reason to interfere with the reasoned order of the learned single judge ..... it was presented for registration. the learned government advocate also submitted that the second respondent had got powers under section 47a of the indian stamp act to refer the matter for determination of the correct market value of the property when he had reasons to believe that the market value of ..... is a court auction sale, the respondents are estopped from making any reference to refer the matter under section 47 (a) of the indian stamp act for determination of alleged correct value of the property inasmuch as there is no suppression of the correct market value or undervaluation.5. the learned ..... is styled as sale certificates, for registration, the respondents have no legal right to refer the matter under section 47 (a) of the indian stamp act for determination of the alleged correct value of the property as there is no under valuation of the property. the property was purchased by the nominee .....

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