Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 2011 Page 4 of about 256 results (0.061 seconds)

Feb 28 2011 (HC)

The Puducherry Slum Clearance Board Vs.

Court : Chennai

Decided on : Feb-28-2011

..... is referred to.11. the said definition came up for consideration by the supreme court in more than one decision. when a similar language is found under the contract labour abolition and regulation act, 1970, the supreme court in sail v. national union waterfront workers reported in 2001 (7) scc 1 dealt with the definition of the word "appropriate government". ..... .s.i.corporation can always convince the government that the benefits granted by an applicant is neither substantially similar nor superior to the benefits provided under the e.s.i.act. therefore, the second question must be answered against the petitioner.17. with reference to the third question, even during the pendency of various correspondence between the parties and ..... governments were held to be the appropriate governments for the regional offices and the warehouses situated in various states wherein the demand for regularisation of the services under the clra act had arisen.63.the propositions in sail1 are to be seen on this background viz. that merely because the government companies/corporations and societies are discharging public functions and ..... company/undertaking, an instrumentality of the government, carrying on an industry, the criteria to determine whether the central government is the appropriate government within the meaning of the clra act, is that the industry must be carried on by or under the authority of the central government and not that the company/undertaking is an instrumentality or an agency of .....

Tag this Judgment!

May 09 2011 (TRI)

The Post Master, Salem Head Post Office and Others Vs. G.A. Porkodi an ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : May-09-2011

..... per the reported judgement in air 2007 gujarat 72 and 4 (2006) page 216 nc in which it is stated as follows :- ?? ??consumer protection act, 1986 ?? section 2(1)(g) ?? nsc 6th issue rules, 1989 ?? rules 4, 11 ?? contract act, 1872 ?? sections 72, 73 ?? securities ?? nscs ?? issuance of certificates in contravention of rules ?? entitlement to interest ?? nscs issued to town area ..... not refusing to issue nscs, opposite parties guilty of deficiency in service ?? liable to compensate complainant for loss occasioned on such account ?? provisions of sections 72, 73 of act of 1872 attracted opposite party liable to pay principal amount ?? towards compensation, no option but to award sum equivalent to inerest payable on maturity of nscs. ? ??mahila sewa sahakari ..... award passed by the opposite parties. the complainants counsel also relied upon ruling reported in 1998 (1) cpj page 107 (nc) in which it is stated as follows :- ?? consumer protection act 1986 ?? sections 14(1)(d) ?? compensation ?? national saving scheme ?? post office deposits ?? interest ?? national saving scheme rules, 1987 ?? rules 3 and 4 ?? post office savings bank general ..... bank ltd. v. chief post master and ors. spl. civil appln. no.11574 of 2006 d/- 10-8-2006. government savings certificates act (46 of 1959), s.12 ?? kisan vikas .....

Tag this Judgment!

Apr 29 2011 (TRI)

The Sub Postmaster and Another Vs. the Special Officer

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Apr-29-2011

..... reported in air 2007 gujarat 72 and 4 2006 cpj 216 (nc) were also cited in which it is stated as follows :- ??consumer protection act, 1986 ?? section 2(1)(g) ?? nsc 6th issue rules, 1989 ?? rules 4, 11 ?? contract act, 1872 ?? sections 72, 73 ?? securities ?? nscs ?? issuance of certificates in contravention of rules ?? entitlement to interest ?? nscs issued to town area in contravention ..... rules and not refusing to issue nscs, opposite parties guilty of deficiency in service ?? liable to compensate complainant for loss occasioned on such account ?? provisions of sections 72, 73 of act of 1872 attracted opposite party liable to pay principal amount ?? towards compensation, no option but to award sum equivalent to inerest payable on maturity of nscs. ? ??mahila sewa sahakari bank ltd ..... those deposits were wrongly received against the rules and asked for the option to receive the amount with the savings bank interest rate and thereby the 1st opposite party had acted in the fraudulent manner and by keeping the deposit for 5 years to 6 years and after demanding the amount made a request for collecting the amount with the ..... . v. chief post master and ors. spl. civil appln. no.11574 of 2006 d/- 10-8-2006. government savings certificates act (46 of 1959), s.12 ?? kisan vikas patra rules (1988), .....

Tag this Judgment!

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 .....

Tag this Judgment!

Oct 29 2011 (HC)

O.Nagendran Defendant Vs. Arulmigu Meenakshi

Court : Chennai

Decided on : Oct-29-2011

..... not specifically agreed upon as to whether the lease is yearly or monthly. if the parties by a contract have indicated the duration of lease, then section 106 of transfer of property act 1882 will have no application whatsoever, as opined by this court. the existence of a valid lease is ..... of law is involved in this case.30. section 106 of the transfer of property act 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 contrary, a lease of immovable property for ..... respondent/plaintiff, at this juncture, appropriately and appositely, correctly and convincingly would place reliance on the amended section 106 of the transfer of property act and submit that even though in the termination notice only 10 days time was granted for the defendant to vacate the premises, in fact, the ..... plaintiff that the respondent/plaintiff is a temple and it being a religious institution exempted from the purview of tamilnadu buildings (lease and rent control) act, 1960 and the appellant/second defendant and his deceased father(first defendant) being in arrears of rent for 24 months from april 1992 to ..... of the second appeal, this court has framed the following substantial question of law for rumination: whether notice under section 106 of transfer of property act is valid or invalid and how there be a decree without going into the validity of the notice6. the contentions, discussions and finding on point .....

Tag this Judgment!

Nov 03 2011 (HC)

Ganesan Vs. Kayalvizhi and ors.

Court : Chennai

Decided on : Nov-03-2011

..... similarly, a division bench of the punjab and haryana high court in bhagwan dass v. bhishan chand drew a presumption under section 114 of the evidence act, 1872 against a party who did not enter the witness-box.18. defendant 1 himself was not a party to the transaction of sale between defendant 2 and ..... :73. taking thus the facts and circumstances of this case and particularly in view of the fact that even if a decree for specific performance of contract is granted the same may be against the interest of the co-parceners, in my opinion, it will not be proper to exercise the court's ..... in the property; if the purchaser desires to have a remedy by way of specific performance he cannot claim more than the share of the actual contracting member of the joint family and he can only obtain even that share by being prepared to pay not merely a proportionate part of the purchase ..... half the right, title and interest held by kartar lal, his vendor. the first respondent being successor in interest, becomes entitled to the enforcement of the contract of the half share by specific performance. the decree of the trial court is confirmed only to the extent of half share in the aforestated property. the ..... air 1995 supreme court 491. an excerpt from it would run thus: 15. in view of the finding that the appellant had half share in the property contracted to be sold by kartar lal, his brother, the agreement of sale does not bind the appellant. the decree for specific performance as against kartar lal .....

Tag this Judgment!

Mar 01 2011 (HC)

N.C.Alexander Vs. the Chief Commissioner of Customs and ors.

Court : Chennai

Decided on : Mar-01-2011

..... foreign supplier had started dispatching fresh apples, as per the terms of the contract, by raising commercial invoices for the supply of 16688 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 ..... 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 .....

Tag this Judgment!

Jun 06 2011 (HC)

The Management of Best and Crompton Engineering Limited Vs. A.M.Sekar ...

Court : Chennai

Decided on : Jun-06-2011

..... he was not having power to appoint or suspend or take disciplinary action against any employee or to sanction leave or to enter into contract on behalf of the company and therefore, he was neither having managerial duties nor supervisory duties. according to the employee, the management ..... he was not having power to appoint or suspend or take disciplinary action against any employee or to sanction leave or to enter into contract on behalf of the company and therefore, he was neither having managerial duties nor supervisory duties. according to the employee, the management ..... he was not having power to appoint or suspend or take disciplinary action against any employee or to sanction leave or to enter into contract on behalf of the company and therefore, he was neither having managerial duties nor supervisory duties. according to the employee, the management is ..... he was not having power to appoint or suspend or take disciplinary action against any employee or to sanction leave or to enter into contract on behalf of the company and therefore, he was neither having managerial duties nor supervisory duties. according to the employee, the management ..... contract being terminated under a stipulation in that behalf contained therein; or(c) termination of the service of a workman on the ground of continued ill-healththerefore, on the admitted contents of the letters of cessation, it is clear that the management has always considered the employees concerned as workmen under section 2(s) of the act .....

Tag this Judgment!

Jan 28 2011 (TRI)

M.Muthuramalingam Vs. the Branch Manager, Icici Bank Limited, T.Nagar ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Jan-28-2011

..... balance from the s.b. account certain amount was adjusted by the bank as lien by debiting the amount automatically without notice, which is permitted under the sec.171 of contract act under which general power of lien can be exercised and when the complainant failed to establish that there was no dues towards credit card account as per the settlement arrived .....

Tag this Judgment!

Jan 22 2011 (HC)

Rajakumar Bhagwatasaran Vs. the Collector of Chennai and anr.

Court : Chennai

Decided on : Jan-22-2011

..... the government stand independently and the words 'compensation for any loss or damage sustained by government in consequences of a breach of contract' are included therein. therefore, arrears of court-fees payable to the state government can also be recovered as if it is arrears of land revenue ..... therein is only a sum in the form of compensation for any loss or damage sustained by the government in consequences of a breach of contract and it would not cover arrears of court-fees. this explanation offered by the petitioner is wholly untenable. the words all sums due to ..... government, including compensation for any loss or damage sustained by them in consequence of a breach of contract, may be recovered in the same manner as arrears of land revenue under the provisions of this act, unless the recovery thereof shall have been or may hereafter be otherwise specially provided for. " a ..... recovered from the person or persons liable for payment as if it is an arrear of 'land revenue' under the provisions of the revenue recovery act.8. as regards the submission of the petitioner that the impugned proceedings are time-barred, the approach of the petitioner must be looked at in ..... revenue without prejudice to any other mode of recovery. thus, there may not be any impediment for the authority to resort to the mode available in the act under section 52 thereof, which reads thus:- " similar process in case of other species of revenue, advance, fees, cesses, etc. -- all arrears of .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //