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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 2011 Page 16 of about 256 results (0.105 seconds)

Feb 17 2011 (TRI)

M/S.The Professional Couriers, Rep.by Its Branch Manager and Others Vs ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Feb-17-2011

..... filed. further the 3rd opposite party filed separate appeal against the complainant and other parties as respondents 2 and 3, in which it was stated that there is no direct contract between the complainant and 3rd opposite party received the cheque for delivery through the 2nd opposite party to be delivered to the 1st opposite party which was lost during the ..... filed by them, the complainant cannot be the consumer as against the 3rd opposite party who is not the service provider to the complainant as per the terms of consumer act. 8. in the circumstances, the district forum erroneously held that the 3rd opposite party was also liable jointly and severally along with the 1st and 2nd opposite parties to pay ..... a6. in exhibit a3 dated 20.2.04, the complainant was requested to obtain duplicate of the instrument. hence it is clear that the opposite parties 1 and 2 have acted upon to their best in the matter. 7) while considering the district forums order, the district forum has directed the opposite parties to pay the entire cheque amount of rs ..... and the drawer bank has returned the cheque as dishonored to the concerned banks opposite parties 1 and 2, which was lost before reaching 1st opposite party who has to act on behalf of the customer, the complainant who is holding account with this branch. so it is clearly proved that the loss of cheque was only at the hands of .....

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Sep 05 2011 (TRI)

Hellan Sagayamony Vs. the Commanding Officer, Madras Regiment and Othe ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Decided on : Sep-05-2011

..... . 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 : ..... duty (iv) electrocution while on duty, etc (v) accidents during participation in organized sports events/adventure activities/ expeditions/training. category d: death or disability due to acts of violence/attack by terrorist, antisocial elements, etc whether on duty other than operational duty or even when not on duty. bomb blasts in public places or transport, ..... or own forces in operational areas near international borders or the line of control. (f) war like situations, including cases which are attributable to/aggravated by: (i) extremists acts, exploding mines etc., while on way to an operational area (ii) battle inoculation training exercises or demonstration with life ammunition. (iii) kidnapping by extremists while on operational duty ..... . (g) an act of violence/attack by exremists, anti-social elements etc while on operational duty (h) action against extremists, antisocial elements, etc. death/disability while employed in the aid .....

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Apr 18 2011 (TRI)

N. Babu Vs. the Commandant, Madras Engineering Group and Centre and Ot ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

Decided on : Apr-18-2011

..... . 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 ..... or own forces in operational areas near international borders or the line of control. (f) war like situations, including cases which are attributable to/aggravated by- (i) extremist acts, exploding mines etc, while on way to an operational area. (ii) battle inoculation training exercises or demonstration with live ammunition. (iii) kidnapping by extremists while on operational duty ..... on duty (iv) electrocution while on duty, etc (v) accidents during participation in organised sports events/adventure activities/expeditions/training. category d death or disability due to acts of violence/attack by terrorist, antisocial elements, etc whether on duty other than operational duty or even when not on duty. bomb blasts in public places or transport, ..... . (g) an act of violence/attack by extremists, anti-social elements etc while on operational duty. (h) action against extremists, antisocial elements, etc. death/disabiltiy while employed in the aid .....

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Dec 30 2011 (TRI)

Standard Chartered Bank Ltd., Gundlays Centre Vs. B. Ananthanarayanan ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Dec-30-2011

..... a monthly renewal policy, forgetting the fact the original policy was early policy. therefore, the repudiation under ex.a23 is against the undertaking or the contract entered into between the parties, which was properly considered by the district forum, fixing deficiency, in which finding we are unable to find any error, ..... , it is for the complainant to give consent, or authorization, as per the policy in advance, and it is for the opposite parties to act accordingly, as per the terms and conditions of the policy, since it is said automatic, subject to availability of the funds in the accounts of ..... policy, his right was infringed. if they have acted diligently, policy would have been issued atleast w.e.f 1.9.2001, as conceded by the 2nd opposite party, and for taking treatment thereafter ..... warranting our interference. thus, by the acts committed by the opposite parties, in not helping the account holder in a coordinated way, that the complainant was willing to pay the premium to the ..... the 2nd opposite party, and the complainant has been penalized by way of paying huge expenditure, without any insurance, due to the carelessness and negligence acts on the part of the opposite parties, for which they should be directed to pay the amount, since they have committed negligence, as well as .....

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Mar 24 2011 (HC)

N.C.Alexander Importer and Exporter Vs. the Chief Commissioner of Cust ...

Court : Chennai

Decided on : Mar-24-2011

..... of the respondents, in the present writ petition, cannot be accepted.4. he had also submitted that, as per the provisions of sections 74 and 78 of the indian evidence act, 1872, the documents produced by the petitioner, before the respondents, should be presumed to be true and authentic. the respondents cannot suspect the veracity of such documents, without having sufficient evidence ..... cash, and on furnishing a personal bond for the balance amount, is arbitrary and inappropriate.5. per contra, the learned counsel appearing for the respondents had submitted that the original contract, based on which the petitioner had imported the goods in question, does not seem to be genuine in nature. there are many discrepancies found in the documents produced by the ..... of the respondents that the petitioner is under invoicing the goods in question, while importing them, has not been sufficiently substantiated, with acceptable evidence. thus, it is clear that the act of the respondents, in detaining the goods in question, without releasing the same, is mala fide in nature. the request made on behalf of the respondents that an order may ..... the bona fides of the business transactions of the petitioner, who has been carrying on the business, in importing of apples from other countries, for many years. the respondents are acting at the behest of certain persons, who are competitors in the business of importing of apples, as that of the petitioner. as such, the baseless allegations made in the counter .....

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Nov 18 2011 (HC)

S.Kajamohideen Vs. Tenkasi Municipality

Court : Chennai

Decided on : Nov-18-2011

..... filed and further that ex.a.9 agreement dated 16.05.2000 has not been registered and as per ex.a.1 auction notice conditions, the respondent/plaintiff has to act and in ex.a.1 auction notice, the condition is that the agreement has to be registered as per clause 13 of ex.a.1 auction notice and the agreement ..... /defendant has not been accepted by the respondent/plaintiff (municipality). therefore, the auction of the appellant/defendant is not legally valid. as per section 69 of the tamil nadu municipality act, there is no agreement between the parties. the suit filed by the respondent/plaintiff is not maintainable as framed. the plaint filed by the respondent/plaintiff is to be dismissed ..... remain in possession thereof for the duration of the period of lease, unless it is determined in accordance with contract or statute, as opined by this court.(xxv) according to clause (f) and (g) of section 111 of the transfer of property act, a lease of an immovable property can be determined by expressed or implied surrender.(xxvi) when in an unregistered .....

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Jul 12 2011 (TRI)

The District Collector Ariyalur and Another Vs. K. Malairaja and Other ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Jul-12-2011

..... the district forum had exceeded its jurisdiction, unwantedly, unnecessarily which can be seen from the nature of the complaint also, further. 6. the reliefs available under the consumer protection act, are generally restricted one, though the reliefs are in addition to the reliefs available under other laws. only certain categories of persons are permitted to tap the doors of the ..... sendurai natham s.no.260/11 c2, 260/11c and furnish fmb effecting sub division of that particular area under section 3 coupled with sec.23 of patta pass book act 1983, after conducting summery enquiry under rule 4(3) and (4) of tamil nadu patta pass book rules 1987, within 60 days. the tahsildar who was functioning at senthurai ..... district forum had jurisdiction, to find out whether the opposite parties had committed deficiency, then issue direction, if case is maintainable, as empowered under sec.14 of the consumer protection act, nothing more, whereas the district forum issued directions, which read: ??the present tahsildar sendurai is directed to issue patta to the complainant containing to the area of his possession ..... kind of position was considered, in the above quoted judgement, in paragraph 13, where it is observed ??but the act does not intend to cover discharge of statutory function ? , though that case relates to examination conducted by the university. there is no contract between the opposite parties, and the complainant also. there is no question of malfeasance and misfeasance. this being the .....

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Nov 18 2011 (HC)

John Premkumar Vs. T.Selvam

Court : Chennai

Decided on : Nov-18-2011

..... disputed signature is that of the defendant.(c) awarding pentende lite interest at the rate of 24% interest per annum in the absence of any contract was unconscionable.14. in a bid to mince meat and shoot down, and in addition to torpedo and pulverize the contentions on the side of ..... and decree of the courts below are perverse in view of the procedure adopted by them in invoking section 73 of the indian evidence act in comparing the disputed signature of the defendant with that of the admitted signatures and concluding without giving adequate and acceptable reasons that the ..... considered in comparing the disputed signature with admitted ante litem motam signatures. the opinion of an expert as per section 45 of the indian evidence act, could either be accepted or rejected by the court, for reasons to be recorded. without resorting to such procedures, holus bolus both the courts ..... .)17. a mere poring over and perusal of those precedents unambiguously and unequivocally highlight and spotlight the fact that section 73 of the indian evidence act should be sparingly resorted to by the courts and it is quite unsafe for a judge to play the role of a handwriting expert and compare ..... frame the following additional substantial question of law: (i) whether both the courts below were justified in invoking section 73 of the indian evidence act in comparing the disputed signature of the defendant with that of his admitted signatures without giving the reason for arriving at the conclusion that the .....

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Oct 11 2011 (HC)

S.Thirumalaiappan Vs. Secretary to Government.

Court : Chennai

Decided on : Oct-11-2011

..... world war conditions. corruption, at the initial stages, was considered confined to the bureaucracy which had the opportunities to deal with a variety of state largesse in the form of contracts, licences and grants. even after the war the opportunities for corruption continued as large amounts of government surplus stores were required to be disposed of by the public servants. as ..... ) 17. it is in the light of the above, the case of the petitioner has to be considered. the contention of the petitioner that though he got convicted for various act of forgery and cheating will not amount to any anti-social activities, cannot be accepted and it has to be rejected out rightly. a criminal activity of a government servant ..... taken against him, it is open to the state government to initiate departmental proceedings, and if in those proceedings he is found guilty of misconduct, negligence or any other such act or omission as a result of which government is put to pecuniary loss, the state government is entitled to withhold, reduce or recover the loss suffered by it by forfeiture ..... 8(1)(b) was also a serious. as per note (a) appended to the said rule the term serious crime includes a crime involving an offence under the official secrets act, 1923 (19 of 1923). a government servant getting pension after retirement forfeits his right to receive pension if he commits a serious crime. hence it is unthinkable a government servant .....

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Dec 30 2011 (HC)

Y.John Murray and ors. Vs. the Registrar of Companies and anr.

Court : Chennai

Decided on : Dec-30-2011

..... , the articles of association constitute a binding contract among the members inter se. consequently, the petitioners are not entitled to challenge their removal, by way of a writ petition under article 226 of the constitution. 6. however, the ..... civil suit under section 9 of the code of civil procedure and the bar in terms of the provisions of a special enactment known as places of worship (special provisions) act, 1991, were in issue in that case before the supreme court. the decision did not arise out of writ proceedings. therefore, there was no occasion for the supreme court to ..... a majority opinion, the supreme court pointed out (i) that the protection of articles 25 and 26 was not limited to matters of doctrine or belief, but extended also to acts done in pursuance of religion, (ii) that articles 25 and 26 guaranteed all that formed an integral part of religion; (iii) that what constituted an essential part of the religion ..... later to nagercoil in 1893 where harry andrews set up a dispensary to start medical work. 5. the salvation army got registered as a guaranteed company under the indian companies act, 1913. obviously, it has a set of memorandum and articles of association. it is only persons who subscribe to its objects, who can become members of the salvation army. therefore .....

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