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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 2011 Page 2 of about 256 results (0.061 seconds)

Apr 01 2011 (TRI)

Life Insurance Corporation of India, Rep. by Its Branch Manager and Ot ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Apr-01-2011

..... of 1938), s.45 ?? insurance policy ?? repudiation ?? deliberate wrong answer given by insured having a great bearing on contract of insurance ?? policy may be repudiated. (b) evidence act (1 of 1872) s.115 ?? estoppel ?? contract of life insurance ?? person making a wrong statement with knowledge of consequence therefor ?? estopped from pleading that even if such a fact had been disclosed, it would not ..... entitle the insurer to repudiate his liability because there is clear presumption that any information sought for in the proposal form is material for the purpose of entering into a contract of insurance. ? those rulings even though applicable in principle as general, but in view of the facts and circumstances of the case in our case, those cannot be ..... the grounds of appeal among other things it was contended that the district forum failed to know that the suppression of material facts in the proposal form would render the contract of insurance illegal void abinitio and unenforceable and erroneously allowed the complaint. 7. while considering both sides contentions, averments and other details, the admitted facts of the case of ..... of health he has given answer as ??good ? suppressing the facts that he was suffering from brain tumor and bronchial asthma. since he has violated the terms of the contract and declaration and proposal for insurance was not correct and hence the claim was repudiated. 5. on the basis of the materials placed before the district forum it had allowed .....

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Feb 18 2011 (HC)

N.C.Alexander Vs. the Chief Commissioner of Customs Custom House Narma ...

Court : Chennai

Decided on : Feb-18-2011

..... supplier had started dispatching fresh apples, as per the terms of the contract, by raising commercial invoices for the supply of 9,387 cartons of 'red delicious apple ..... seattle, washington, united states of america. such contracts are duly registered and certified as public documents, validated under the hague convention of the united nations, 1961 and it has the same meaning, as defined under section 74 of the indian evidence act, 1872.3. it has been further stated that the foreign ..... the imported goods. the petitioner has been importing the apples from the united states of america for many years and the question of undervaluing the contract price of the goods does not arise. in fact, a sum of about rupees 70 lakhs, paid by the petitioner as differential duty, ..... the constitution of india.5. the learned counsel appearing for the petitioner had submitted that, as per the well settled principles, the contract price shown in the contract, entered into between the foreign supplier and the importer, should be accepted, until clear evidence is shown that it is not the ..... sales in fruits. he has been importing apples from the united states of america for the past seven years, on the basis of the contracts entered into with the suppliers. almost all the imports of the apples had been made through chennai seaport in specially refrigerated containers, as the .....

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Mar 30 2011 (HC)

Indian Bank Employees Union. Vs. M.A.Zubaida Ammal, and ors.

Court : Chennai

Decided on : Mar-30-2011

..... of the calculation which was to make it certain should be found therein. the agreement in the present case was a typical illustration of a contingent contract within the meaning of section 31 of the contract act and became enforceable as soon as the event of redemption (by the plaintiff herself) happened. under the agreement the date for the defendants to execute the ..... . in jamshed khodaram irani v. burjorji dhunjibhai the judicial committee of the privy council observed that the principle underlying section 55 of the contract act did not differ from those which obtained under the law of england as regards contracts for sale of land. the judicial committee observed :"under that law equity, which governs the rights of the parties in cases of specific ..... have a material bearing on the first question have already been set out. section 55 of the contract act which deals with the consequences of failure to perform an executory contract at or before the stipulated time provides by the first paragraph:"when a party to a contract promises to do a certain thing at or before a specified time, or certain things at ..... early english decisions, that in the case of agreement of sale relating to immovable property, time is not of the essence of the contract unless specifically provided to that effect. the period of limitation prescribed by the limitation act for filing a suit is three years. from these two circumstances, it does not follow that any and every suit for specific performance .....

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Oct 03 2011 (HC)

T.Sivakumar Vs. Inspector of Police

Court : Chennai

Decided on : Oct-03-2011

..... . in view of the said position, we are of the view that it will be very safe to hold that after the advent of the prohibition of child marriage act since the male contracting party to a child marriage does not attain the full status of the husband until the child attains the eligible age , like a husband of a full-fledged ..... here also, the legislature has consciously omitted the expressions 'husband' and 'wife'. in particular, in section 3 of the act, the expression 'contracting party' has been used. the term 'contracting party' is defined in section 2 (c) of the act which states that a contracting party, in relation to a marriage means either of the parties whose marriage is or about to be thereby solemnized ..... marriage declines to live in the matrimonial home and prefers to live elsewhere either with parents or with somebody else , the male contracting party will not have right to obtain a decree under section 9 of the hindu marriage act for restitution of conjugal rights. similarly, until the female [child] attains the age of 18 years, the male cannot file a petition ..... we would like to highlight to draw the attention of the legislature. sub-section 3 of section 3 of the act reads as follows:- "3. child marriages to be voidable at the option of contracting party being a child:- (1)... .... .... (2) ... .... .... (3) the petition under this section may be filed at any time but before the child filing the petition completes two .....

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Feb 01 2011 (HC)

V.Sathya Narayana, S/O V.Guruswamy and anr. Vs. Menaka @ Dillibai, W/O ...

Court : Chennai

Decided on : Feb-01-2011

..... appellants/plaintiffs kept quiet all along and further they never whispered even a word that they were ready and willing to perform their part of the contract as per section 16(c) of the specific relief act. the appellants/plaintiffs could have very well filed the present suit even after the disposal of o.s.no.3249 of 2004, which ended in ..... court any money except when so directed by the court;(ii) the plaintiff must aver performance of, or readiness and willingness to perform, the contract according to its true construction."15. section 16 of the specific relief act deals with as to what are the obligations the appellants/plaintiffs has to comply with reference to the plea and whether the plea of ..... they have not averred the same in the plaint.14. at this juncture, it is appropriate to incorporate section 16 of the specific relief act, as follows:"section 16: personal bars to relief: specific performance of a contract cannot be enforced in favour of a person--(a) who would not be entitled to recover compensation for its breach; or(b) who has ..... become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or wilfully acts at variance with, or in subversion of, the relation intended to be established by the contract; or (c) who fails to aver and prove that he has performed or has always .....

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Feb 07 2011 (HC)

M.Selvadurai Vs. the Director Personnel Block-i and ors.

Court : Chennai

Decided on : Feb-07-2011

..... gratuity is concerned. the right to receive gratuity under the provisions of the act cannot be defeated by any instrument or contract."12. the second contention whether it is only by virtue of the notification, the act will apply to the educational institutions, the question raised in this regard is no longer res integra. a ..... act."6. the controlling authority held that by taking an undertaking from the petitioner, the respondent cannot deny the statutory benefits accrued to the petitioner ..... has been introduced.5.section 14 of the payment of gratuity act reads as follows:"14. act to override other enactments, etc.- the provisions of this act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any instrument or contract having effect by virtue of any enactment other than this ..... along with section 14 of the act which says that the provisions of the act shall have effect notwithstanding anything inconsistent therein contained in any enactment or in any instrument or contract having effect by virtue of any enactment other than this act. the provisions of the act prevail over all other enactments or instruments or contracts so far a the payment of .....

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Feb 28 2011 (HC)

P.Natarajan and anr. Vs. D.Lawrence

Court : Chennai

Decided on : Feb-28-2011

..... (inderchand jain (d) through l.rs. v. motilal (d) through lrs.), wherein, the apex court held as follows: "section 16(c) of the specific relief act, 1963 mandates the discretionary relief of specific performance of the contract can be granted only in the event the plaintiff not only makes necessary pleadings but also establishes that he had all along been ready and ..... arrive at a finding as to whether the plaintiff-respondents were all along and still are ready and willing to perform their part of contract as is mandatorily required under section 16(c) of the specific relief act must be determined having regard to the entire attending circumstances. a bare averment in the plaint or a statement made in the examination-in ..... arrive at a finding as to whether the plaintiff-respondents were all along and still are ready and willing to perform their part of contract as is mandatorily required under section 16(c) of the specific relief act must be determined having regard to the entire attending circumstances. a bare averment in the plaint or a statement made in the examination-in ..... arrive at a finding as to whether the respondent-plaintiff was all along and still are ready and willing to perform his part of contract, as is mandatorily required under section 16(c) of the specific relief act, must be determined having regard to the entire attending circumstances. a bare averment in the plaint or a statement made in the examination-in .....

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Jan 28 2011 (HC)

A.N.Arunachalam Vs. T.Sivaprakasam and anr.

Court : Chennai

Decided on : Jan-28-2011

..... .2002 and so, the trial court presumed that the appellant/plaintiff was not ready and willing to perform his part of the contract as per section 16 of the specific relief act. but the above finding of the trial court is erroneous. though it is true that six months' time was agreed upon, ..... on by the learned counsel for the appellant/plaintiff, it is appropriate to incorporate section 16 of the specific relief act, as follows:section 16: personal bars to relief:specific performance of a contract cannot be enforced in favour of a person--(a) who would not be entitled to recover compensation for its breach ..... a sale agreement.12. in this regard, it is appropriate to quote section 92 of the indian evidence act:section 92 : exclusion of evidence of oral agreement.when the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of ..... and suit can be filed within the period of three years, provided under article 54 of the limitation act, it should be performed within a reasonable time having regard to the terms of the contract prescribing a time-limit and nature of the property and the same cannot be ignored altogether on the ..... v. ramdasi devi) :"the aspects of delay which are relevant in a case of specific performance of contract for sale of immovable property are:(i) delay running beyond the period prescribed under the limitation act;(ii) delay in cases where though the suit is within the period of limitation, yet:(a) due to .....

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Mar 16 2011 (HC)

Vaduguchetty Vs. S.P.Munusamy and anr.

Court : Chennai

Decided on : Mar-16-2011

..... working hours on 24.8.2001.11. mr.s.arun kumar, the learned counsel for the 2nd respondent would submit that in terms of section 64vb of the insurance act, a contract of insurance would be valid only when the cheque issued towards payment of the premium is honoured. the learned counsel would contend that as the cheque issued for the premium ..... cover note had, in fact, been issued. if a cover note had been issued which in terms of sub section (b) of section 145 of the act would come within the purview of definition of contract of insurance; it also would come within the purview of the definition of a insurance policy. if a cover note is issued, it remains valid till ..... it was held that the said findings cannot be faulted, as the cover note having bee issued would come within purview of definition of contract of insurance in terms of section 145(b) of the motor vehicles act and when it remained valid on the date of the accident and was cancelled only after accident took place, the insurance company is liable ..... risk would not be purely contractual. we may place on record that an ordinary contract of insurance does not have a statutory flavour. the act merely imposes an obligation on the part of the insurance company to reimburse the claimant both in terms of the act as also the contract. so far as the liability of the insurance company which comes within the purview .....

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Feb 15 2011 (HC)

The Commissioner Vs. the Appellate Authority and ors.

Court : Chennai

Decided on : Feb-15-2011

..... act."6. the supreme court in katheeja bai v. superintending engineer reported in (1984) 3 scc 518 rejected a similar contention when the employer attempted to ..... far as the payment of gratuity is concerned. the right to receive gratuity under the provisions of the act cannot be defeated by any instrument or contract.37. there is no material placed before us that the employees while opting for the pension scheme at the time of their superannuation /retirement either expressly or impliedly ..... notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any instrument or contract having effect by virtue of any enactment other than this act. he argued that the provision for special contribution under regulation 37 was inconsistent with the provisions of the payment of gratuity act and therefore the latter should prevail to the exclusion of the ..... to refer to section 14 of the payment of gratuity act, which is as follows:- "14.act to override other enactments, etc.- the provisions of this act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any instrument or contract having effect by virtue of any enactment other than this .....

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