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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 2011 Page 5 of about 256 results (0.046 seconds)

Feb 01 2011 (TRI)

Hdfc Standard Life Insurance Vs. Sujatha and Others

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Feb-01-2011

..... i (2010) cpj page 137 national consumer disputes redressal commission, new delhi, in which it was held as follows :- ??consumer protection act, 1986 ?? section 21 ?? life insurance ?? concluded contract ?? policy underwritten and dispatched after death of proposer, without knowledge of death ?? acceptance of proposal never communicated during lifetime of proposer ?? ..... thereby there was no acceptance of proposal by the appellant/insurance company and in the circumstances it is obvious that there is no contract of insurance between the parties fulfilled and thereby there cannot be any claim on behalf of the proposer or alleged insured. 8. ..... insurance and depositing the first premium with insurance company does not create a binding contract unless it had accepted the proposal. as far as our case is concerned the proposal made by the deceased sadhasivam on 27.1 ..... of india vs. raja vasireddy komalavalli kamba and ors. air 1984 sc 1014 it is held : ?? the general rule is that the contract of insurance will be concluded only when the party to whom an offer has been made accepts it unconditionally and communicates his acceptance to ..... could not be communicated to (deceased) proposer ?? no concluded contract of insurance exists between parties ?? no relief entitled. ? 7. in all those rulings it is pointed out mere filling in proposal for .....

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Dec 13 2011 (HC)

Tvs Berg Limited Vs. Commissioner of Income Tax

Court : Chennai

Decided on : Dec-13-2011

..... other words, it has been the contention of the revenue that the assessee has no right over the property as it was acting as an agent for executing the contract on the direction of the foreign company. relying on the judgement of the honble supreme court in petron engineering construction (p) ..... former personally and not through the medium of others. for the reasons discussed above, we have come to the conclusion that, under the contracts in question, the assessee had made available technical information to the foreign government for use outside india and had also rendered technical services to ..... main condition of the agreement between the assessee and the foreign company was that the assessee will act as an agent of the foreign company by having 40% share in the total contract and will act as a supervisor by having all other benefits in the joint venture. therefore, according to ..... the revenue, assessee acted only as a contractor to the foreign company by sending the drawings and designs ..... ltd., and another vs. central board of director taxes and others [1989 (175) itr 573], it was contended that the assessee was not entitled for deduction under section 80-o of the act .....

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Feb 23 2011 (HC)

A.Kaleelur Rahman Vs. A.Barkath and anr.

Court : Chennai

Decided on : Feb-23-2011

..... of the construction of kalyana mandapam. (iv) the plaintiff has put great loss and hardship to the first defendant by act of non-performance of his part of contract. the first defendant never handed over the possession of the suit property to the plaintiff. the first defendant is in peaceful ..... deed dated 29.03.2001. as rightly pointed out by the learned counsel for the first respondent/first defendant that there is no privity of contract between the appellant/plaintiff and the second respondent/second defendant. after considering the sale deed under ex.a3, he entered into sale agreement under ..... in proper perspective and dismissed the suit on the ground that the appellant/plaintiff was not always ready and willing to perform his part of contract. hence he preferred this appeal and prayed for allowing this appeal. (iv)refuting the same, the learned counsel for the first respondent/first ..... raised by the respondents/defendants, dismissed the suit on the ground that the appellant/plaintiff is not ready and willing to perform his part of contract. (ii) the first limb of the argument advanced by the learned counsel for the appellant/plaintiff is that the first respondent/first defendant herein ..... , mere plea though specifically made in the suit for specific performance under section 16(c) of the specific relief act, the plaintiff is ready and willing to perform his part of contract would be sufficient but that must be proved by acceptable evidence. in para-41 of the same citation, it .....

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Mar 09 2011 (TRI)

P.T.R. Palanivelrajan [Deceased] and Others Vs. British Airways, Rep. ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Mar-09-2011

..... at new york on 14.07.2003, the opposite party issued the club class tickets, instead of first class from london to chennai, thereby they have committed grave breach of contract in the return journey also. the opposite party having willfully and deliberately failed to accommodate both the complainant in first class on 11.5.2003, for their travel from chennai ..... the opposite party to postpone the return schedule from 14.05.2003 by 4 days, which was declined. the request for postponing the journey was made because of the negligent act, committed by the opposite party and therefore ordinarily they should have conceded the request made by the complainants, which they failed, thereby they have committed second deficiency in service. ..... in the club world cabin, offering to refund the difference in the cost of the ticket, which the complainants refused, which cannot be termed as willful or deliberate, warranting negligent act or deficiency in service, that the claim of the complainants under various heads are imaginary and highly excessive, thereby praying for the dismissal of the complaint. 5. in the additional ..... complainants refused to take such a course since they were possessing confirmed tickets, which were booked six months earlier, reconfirmed through the agent also. in view of the high handed act of the opposite party and highly discourteous shown to the complainants, who are senior citizens, having status, they were constrained to cancel the trip and return to home, thereafter they .....

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Nov 30 2011 (HC)

i.Arulanandam Vs. the Director of Rural Development and ors.

Court : Chennai

Decided on : Nov-30-2011

..... working as a facilitator in the vazhndhukattuvom project, kuruvikulam north part cluster, tirunelveli district. the contract appointment was given by the tirunelveli district 'vazhndhukattuvom project' society, which is a society registered under the tamil nadu societies registration act with registration no.122 of 2005. 5. a contract of appointment was given to the petitioner for a period of two years from 11.12 ..... .2006 to 11.12.2008. the contract itself came to an end. the agreement of contract of appointment as a facilitator was signed on behalf of the ..... was placed under suspension between 06.09.2008 and 28.09.2008. 7. subsequently, the petitioner had given an undertaking that he will stay in the same place of the contract. however, the third respondent by an order dated 30.01.2009 held that the review of the work was undertaken as there is no progress in the work, as per ..... is only an employee of a society cannot have a better right. the respondent society is, not amenable to the writ jurisdiction of this court, governed by the terms of contract between the parties. 10. therefore, the writ petition will stand dismissed. the interim stay already granted is vacated. consequently, the miscellaneous petitions are closed. no costs.

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Jan 10 2011 (HC)

N.C. Alexander Vs. Union of India and ors.

Court : Chennai

Decided on : Jan-10-2011

..... even on the price of identical goods contemporaneously imported into india by the same vessel had been ignored by the tribunal as seen above and the contract price was accepted as transaction value. judicial discipline dictates that i humbly tread the path lit by the pronouncements of the hon'ble tribunal and the ..... customs (appeals) in respect of similar goods covered by the same contract, the order-in-original challenged in the writ petition is set aside and the petitioner is entitled to consequential relief as per law. this writ petition ..... the order of the commissioner (appeals) will be binding on the goods imported under the present bill of entry, which is also covered by the same contract dated 31.8.2007. the valuation determined by the deputy commissioner has to be set aside.5. in view of the order of the commissioner of ..... commissioner of customs (export) in a communication dated 14.5.2010 given in response to petitioner's query dated 5.5.2010 under right to information act.4. in the present case, the petitioner challenges the order of the deputy commissioner in o-in-o no.7056/08 dated 17.1.2008, ..... and against the principles of natural justice and consequently direct the respondents to release the goods provisionally in terms of section 17 and 18 of the customs act, 1962 r/w customs valuation determination of value of imported goods) rules 2007 in respect of the imported goods (appeals) covered under the bill of .....

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Feb 17 2011 (HC)

P.Ravikumar Vs. Malarvizhi @ S.Kokila

Court : Chennai

Decided on : Feb-17-2011

..... disbelieved the certificate on the ground that the doctor was not examined to prove that he was not afflicted with hiv and therefore, the respondent could have contracted the disease from him and with a view to prove that the earlier blood test report was not obtained by practising fraud, a direction has to be ..... and held that those tests are violative of articles 20(3) and 21 of the constitution of india. the honourable supreme court in that judgment upheld the act of taking blood sample and held that that will not be violative of article 20(3) of the constitution of india. the honourable supreme court relied ..... the ground that it was not proved that the respondent proved positive to hiv during blood test and under section 13(1)(5) of the hindu marriage act, a marriage cannot be dissolved on the ground that one of the spouses is having aids and to decide the appeal, the blood test is not necessary ..... husband is the petitioner herein. he filed h.m.o.p.no.37 of 2006 for divorce under section 13(1)(5) of the hindu marriage act.2. the case of the appellant/petitioner was that he married the respondent and a child was born to them and it was found during the test ..... defined by sections 269 and 270 of the penal code. (section 269 ipc defines the offence of a "negligent act likely to spread infection of disease dangerous to life" and section 270 contemplates a "malignant act likely to spread infection of disease dangerous to life".)"11. in the judgment reported in m.vijaya v. singareni collieries .....

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Feb 28 2011 (HC)

Workmen of Rsb Transmissions (i) Limited Vs. Government of Tamil Nadu ...

Court : Chennai

Decided on : Feb-28-2011

..... determined that the workmen were employed by the contractor. the state exercises administrative power both in relation to abolition of contract labour in terms of section 10 of the 1970 act as also in relation to making a reference for industrial adjudication to a labour court or a tribunal under section 10 ..... are entitled to seek for adjudication of their dispute as that is the only remaining method available for resolving an industrial dispute under the industrial disputes act. this court is not inclined to foreclose that option to the workers represented by the trade union. if ultimately any reference is made, it ..... come in the way of the appropriate government to apply its mind for the purpose of issuance of a notification under section 10 of the 1970 act. 9.the exception to the above is, when the court finds that the appropriate government refuses (sic refusal) to make a reference of a ..... not become functus officio after submitting his failure report and he can always bring a fresh conciliation. in the absence of any prohibition under the act, the conciliation office can call the parties for further negotiation. for this purpose, he relied upon a judgment of the andhra pradesh high court ..... .7.2010. immediat6ely, within one month, they filed the writ petition with the prayer set out above. 6.under the provisions of the id act, an industrial dispute can be resolved only by two methods either by settlement or by adjudication. the settlement that can be signed between the management .....

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Mar 11 2011 (HC)

M/S.Hydroair Tectonics (Pcd) Ltd Vs. M/S.Sirupooluvapatti Common Efflu ...

Court : Chennai

Decided on : Mar-11-2011

..... if dispute between the beneficiary and the person at whose instance the bank guarantee was given by the bank, had arisen in performance of the contract or execution of the works undertaken in furtherance thereof. the bank unconditionally and irrevocably promised to pay, on demand, the amount of liability undertaken ..... to meet the requirements of achievement 500mg (tds) without colourless and the first respondent has performed its contractual obligation regarding technical specification under the contract. it also states that such a demand shall be accepted by the second respondent as a conclusive evidence that such sum is due to the ..... has been stated about the non performance of the first respondent after the minutes of the meeting held on 09.07.2008 by which the contract value was reduced to rs.22.19 crores. the appellant has specifically admitted that in the letter dated 06.09.2010. the contention of ..... for constructing the buildings and allotment of extra houses and the term of bank guarantees was extended, the contract was terminated. it is not a case of fraud but one of acting in terms of contract. it is next contended by shri g. nageshwara rao, the learned counsel for the petitioner, that ..... bank guarantee being distinct and independent from the main contract a bank cannot refuse encashment except when there is a fraud committed by the seller or where there is encashment resulting in irretrievable damage. it was further held that an act of fraud has to be proved. applying the ratio .....

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Nov 14 2011 (HC)

Ms.Jeyavel Transporters. Vs. the Warehouse Manager and ors.

Court : Chennai

Decided on : Nov-14-2011

..... petitioner through the consignee of the goods will have to file an application and the respondents 1 & 2 are only bailee and they can only act according to the instruction of the consignee. the contract between the petitioner/contractor and cwc governed by a written agreement which is having a clause for arbitration. the consignee is also entitled to file an ..... contract that no person other than a person appointed by the managing director, central warehousing corporation, new delhi as aforesaid should act as arbitrator and if for any reason that is not possible, the matter is not to be referred to arbitration ..... of this contract. such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. it is also a term of this ..... is a term of this contract that in the event of such arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, the central warehousing corporation at the time of such transfer, vacation of office or inability to act, shall appoint another person to act as arbitrator in accordance with the terms .....

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