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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 2011 Page 3 of about 256 results (0.050 seconds)

Mar 24 2011 (HC)

M/S.Besant Raj International Limited Vs. M/S.Vishwa Bharathi Textiles ...

Court : Chennai

Decided on : Mar-24-2011

..... they had agreed that the professional fee payable to the appellant would be 1% instead of 2%. case of appellant is that as per the contract, appellant acted as financial intermediary. by contacting various source, they arranged external commercial borrowings [ecb] for 8 millions us dollars through bhf bank of germany. ..... well settled principles. considering the rival contentions and facts and circumstances, the points falling for consideration are:- (i)whether there is any concluded contract between the appellant and respondent and pursuant to which respondent is to be held liable to pay the amount;(ii)in the light of the ..... by the respondent company under sec.433(e) of companies act. obligation of the respondent is disputed not only on the ground that there was no concluded contract but also on the ground that assuming that it is a case of concluded contract, obligation arises only on availing the loan.24. ofcourse, ..... of respondent company under sec.433(e), 434 and 439 of companies act.3. respondent resisted the winding up petition contending that there was no enforceable debt payable by the respondent to the appellant and there was no contract to pay 1% of the total funds arranged. further case of respondent ..... a counter-offer; (ii) even if a concluded contract emerged, whether the claimed amount is payable or not is a bonafide dispute and as such it cannot be postulated that there is a debt within the meaning of sec.433 of companies act. examining the matter with reference to the word .....

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Mar 14 2011 (HC)

M.Devasenapathy Vs. M/S. S.G.S.India Pvt.Ltd. and ors.

Court : Chennai

Decided on : Mar-14-2011

..... of the arbitral tribunals to award interest under section 31(7)(a) is subject to the contract between the parties and the contract will prevail over the provisions of section 31(7)(a) of the act. where the contract between the parties contains a provision relating to, or regulating or prohibiting interest, the entitlement of ..... that the supplemental agreement executed on the same day would also go to show that the earlier agreement entered into between the parties has been acted upon. he would further submit that every reason submitted by the learned counsel for the appellant that the said agreement was intended to obtain ..... an arbitral tribunal awards interest under section 31(7)(a) of the act, it is given discretion in three areas to do justice between the ..... a party to the contract to interest for the period between the date on which the cause of action arose and ..... pre-award interest. where the contract does not prohibit award of interest, and where the arbitral award is for payment of money, the arbitral tribunal can award interest in accordance with section 31(7)(a) of the act, subject to any term regarding interest in the contract. 24.3 .....24.4 where .....

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Jan 13 2011 (TRI)

The Senior Service Engineer M/S. Johnson Lifts Ltd. Vs. S. Gopalakrish ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Jan-13-2011

..... provider for the bharani apartments, opposed the complainant, on the ground, with among other grounds, that there is no privity of contract, between themselves, and the complainant, and as per the definition available under consumer protection act, the complainant cannot be a consumer, that as per the instruction of the secretary of the flat owners association, they have ..... when the party to the agreement had requested to disconnect, they did so, which cannot be termed as negligent act, or deficiency, thereby praying for the dismissal of the complaint, denying other averments also. 4. the district forum, ignoring the contract between the flat owners association, and the opposite party, taking a strange conclusion, that the secretary of the ..... association, cannot act against the interest of the user, deduced a conclusion, as if the opposite party had committed deficiency, resulting ..... submission of the learned counsel for the appellant, that if at all the complainant should have proceeded only against the secretary of the association, at whose instance, a contract was entered into, between the flat owners association, represented by the secretary, with the opposite party, at whose instruction alone, they have disconnected the service connection, and .....

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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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Jun 06 2011 (HC)

Tamilnadu Electricity Board Vs. United India Insurance Co. Ltd. and or ...

Court : Chennai

Decided on : Jun-06-2011

..... the plaint shows that it was between the plaintiff and the 1st defendant, that this defendant has not independent liability, that as the privity of contract being is between plaintiff and the 1st defendant, insofar as the plaintiff is concerned, the suit against this defendant is not maintainable and that ..... of the insurer. the insured cannot claim anything more than what is covered by the insurance policy. that being so, the insured has also to act strictly in accordance with the statutory limitations or terms of the policy expressly set out therein.15.(d) in suraj mal ram niwas oil mills (p ..... indemnity, that inspite of the repeated requests of the defendant to preserve the right of recovery by issuing a notice under section 10 of carriers act, which was not complied with by the plaintiff, that the plaintiff was reminded to take suitable steps by various letters by the defendant but the ..... hence the contention that there was a valid policy in force is incorrect, especially in the light of section 64.v-b of the insurance act. the plaintiff has suppressed the material particulars inasmuch as non-declaration of correct value of the consignment, which amounts to suppression of material particulars, ..... accepted advance premium and the premium for the entire risk covered, the 1st defendant is estopped from taking shelter under the provisions of the insurance act, that as the 1st defendant did not come forward to settle the lawful claim made by the plaintiff, the plaintiff issued lawyer's notice .....

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Feb 11 2011 (HC)

S. Usha Vs. the General Manager and ors.

Court : Chennai

Decided on : Feb-11-2011

..... statutory or public body will not by itself affect the principles to be applied. the disputes about the meaning of a covenant in a contract or its enforceability have to be determined according to the usual principles of the contract act. every act of a statutory body need not necessarily involve an exercise of statutory power. statutory bodies, like private parties, have power to ..... agree with the observation of the high court that since the obligations imposed by the contract on the contracting parties come within the purview of the contract act, that would not make the contract statutory. clearly, the high court fell into an error in coming to the conclusion that the contract in question was statutory in nature.11. a statute may expressly or impliedly confer power ..... made under the proviso to section 8-d(1).16. firstly, the contract between the parties is a contract in the realm of private law. it is not a statutory contract. it is governed by the provisions of the contract act or, maybe, also by certain provisions of the sale of goods act. any dispute relating to interpretation of the terms and conditions of such a ..... .: (a) whether the forfeiture of security deposit is without authority of law and without any binding contract between the parties and also contrary to section 5 of the contract act; and (b) whether the writ petition is maintainable in a claim arising out of a breach of contract. question (b) should have been first answered as it would go to the root of the .....

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Feb 11 2011 (HC)

M/S.Raghavendra Construction Company Vs. the General Manager and ors.

Court : Chennai

Decided on : Feb-11-2011

..... of interest in claim no.11, railways filed petition under section 34 of the arbitration and conciliation act, 1996. the award was challenged on the ground that under clause 16(2) of general conditions of contract, no interest was payable on the amounts due to the contractor and that under section 31(7)( ..... doubtful whether the observation in engineers-de-space-age ((1996) 1 scc 516) in a case arising under the arbitration act, 1940 that the arbitrator could award interest pendente lite, ignoring the express bar in the contract, is good law. but that need not be considered further as this is a case under the new ..... a) of the arbitration and conciliation act, 1996, the arbitral tribunal is entitled to award interest only if there was no contract to the contrary.4. the learned single judge held that clause 16(2) of general conditions of contract bars a claim of interest on the amounts payable to ..... not be of assistance to decide the validity of grant of interest under the new act. the logic in engineers-de-space-age ((1996) 1 scc 516) was that while the contract governed the interest from the date of cause of action to date of reference, the arbitrator had the discretion to ..... act where there is a specific provision regarding award of interest by the arbitrator.the same reasoning applies to the .....

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Mar 07 2011 (HC)

M.Kittusamy Gounder and ors. Vs. C.V.Karthikeyan

Court : Chennai

Decided on : Mar-07-2011

..... .44. learned senior counsel appearing for the appellants/defendants submitted that the respondent/plaintiff was not always ready and willing to perform his part of the contract as per section 16 of the specific relief act. to substantiate his argument, he relied on the decision of the apex court reported in 2010 (10) scc 512 (man kaur v. hartar singh sangha), wherein ..... , it will be noticed that in a suit for specific performance it is mandatorily required by section 16 of the specific relief act to plead readiness and willingness of the plaintiff to perform his part of the contract. the court, before acting under order 8 rule 10 (cpc) has to scrutinise the facts set out in the plaint to find out whether all ..... the requirements, specially those indicated in section 16 of the specific relief act, have been complied with or not. readiness and willingness of the plaintiff to perform his part of the contract is a condition precedent to the passing of a decree for specific performance in favour of the plaintiff."(b) 1997 (3 ..... the personal bar to enforcement of a specific performance by persons enumerated in section 16 of the act. a person who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him (other than the terms the performance of which has been .....

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Aug 29 2011 (TRI)

M.V. Sellumuthu, Prop.M.V.S.Nagar Annex Vs. T.K. Uppiliappan and Anoth ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Aug-29-2011

..... reasons, as rightly submitted by the learned counsel for the appellant, the complainant is not a consumer and there was no service undertaking or contract between the parties and the non-execution of the sale deed cannot be considered as deficiency in service but incorrectly recorded by the district forum ..... come forward with this complaint. 3. the opposite party denied the allegations of the complainant and as per the agreement for breach of contract the complainant should approach the civil court and this forum has no jurisdiction and the other claims are not maintainable the complaint to be ..... vs. r.p.sharma compensation and claim in respect of breach of contract under the consumer protection act 1986 under sec.17 does not constitute consumer dispute. the matter was purely in the realm of breach of contract and it did not constitute a consumer dispute as envisaged by the provision ..... reported ii (1993) cpj 679 under the consumer protection act 1986 sec 17 of the complaint ?? breach of contract ?? complaint filed alleging breaching of contract of remedy available in civil courts and held on the question ??whether there is breach of contract if that is so what are the damages suffered ..... of the consumer protection act. the complainant should have been referred to pursue his ordinary remedy by way of instituting .....

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Oct 31 2011 (HC)

V.John Lawrenso Vs. the Management of Tamil Nadu

Court : Chennai

Decided on : Oct-31-2011

..... counter affidavit. even otherwise, when an industrial establishment, if the standing orders are certified in terms of the industrial employment (standing orders) act, 1946, no new term of appointment or contract can be read into those standing orders cannot be got over. it is necessary to refer to a judgment of the supreme court in ..... the supreme court held that while the standing orders are in force, it is not permissible for the employer to introduce new terms into the contract of service. such new contract of service will have no application. in paragraph 8, it was held as follows:8.if a prior agreement, inconsistent with the standing orders ..... a regular basis or a person employed for doing whole-time job is a workman and the one employed on temporary, part time or contract basis on fixed wages or as a casual employee or for doing duty for fixed hours is not a workman.8.in the order of the appointment ..... to paragraph 13 of the said judgment, which reads as follows:13.the source of employment, the method of recruitment, the terms and conditions of employment/contract of service, the quantum of wages/pay and the mode of payment are not at all relevant for deciding whether or not a person is a workman ..... to observe that the definition of workman also does not make any distinction between full-time and part-time employee or a person appointed on contract basis. there is nothing in the plain language of section 2(s) from which it can be inferred that only a person employed on .....

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