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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 2011 Page 6 of about 256 results (0.049 seconds)

Nov 02 2011 (HC)

V.Subramanian and ors. Vs. Union of India and ors.

Court : Chennai

Decided on : Nov-02-2011

..... banks are amenable to writ jurisdiction, it does not mean every action of such banks can be called in question for a judicial review by this court. in matters of contract, unless the orders are wholly arbitrary or unreasonable, the court will decline to exercise its jurisdiction. in this context it is necessary to refer to a judgment of the supreme ..... were launched against him, either in the criminal law on in any other proceedings, section 3(viii) of the scheduled castes and the schedule tribes (prevention of atrocities) act, 1989 makes such acts as offences. even in case of malicious prosecution, the petitioner can work out his remedy by approaching the appropriate forum. but, it must be noted that under section 22 ..... say that the public sector banks having regard to the provisions of the banking companies (acquisition and transfer of undertakings) act, 1970 should discharge their functions keeping in mind the larger public interest but ordinarily in the matter of enforcement of contract, they are to be governed by the terms thereof, which would not be amenable to writ jurisdiction of the high ..... in the country from across various specialisms and geographical regions of india. it was the first national professional valuation society to be established in 1968 (registered under the societies registration act xxi of 1860) with branches in the majority of states of india. it has the global status of premier valuation organization with current membership reaching over 20,000 valuers.iov .....

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Apr 27 2011 (TRI)

N. Mahaveerchand Dugar Vs. M/S. Coronet Construction (India) Pvt. Ltd. ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Apr-27-2011

..... as inadmissible, are not binding upon the parties since not concluded in the absence of acceptance of the agreement, we cannot enforce the terms of the contract, and so, the complainant is not entitled to deliver of possession of the flat, said to have been undertaken, to be constructed and handed over ..... of action against the law is taken, then there is no purpose in prescribing the period of limitation under the act. a person can wait, according to his choice from the date of contract and issue a notice after 10 years, if that is to be taken as saving point of limitation, there ..... for helping the forum misused by the complainant, for the recovery of the money, for which, the forum was not established, under the consumer protection act. thus, viewing the case from all possible and proper angles, we are of the considered opinion, that the complainant is neither a consume,r nor ..... agreement between the parties for construction of the flat and handing over, supported by consideration the non-delivery of the flat, cannot be construed as negligent act or deficiency in service, praying for the dismissal of the complaint. 4. the opposite party in the additional written version, would contend that even as ..... is no meaning in prescribing the limitation under the act. in certain cases, the cause of action may arise, after the contractual .....

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Feb 10 2011 (TRI)

K. Minakshi Sundaram Vs. the General Manager, Bank of India

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Feb-10-2011

..... is also baseless and improper understanding of law. no law prohibits or bars the bank from exercising the general lien, as available under the contract act, even in respect of barred debt. the question, whether a claim is barred or not, will come, when the creditor sues for ..... or not renewing the transaction periodically will not give any relief, to the complainant and under the guise, there was no effective contract or loan agreement, when the loan itself was admitted, not discharged, and the complainant is not entitled to escape. so the submissions ..... benefit on the debtor as contemplated by the section ? . though the limitation act is not made applicable to the consumer protection act since main defence of the complainant was, the debt or the contract was barred by time, and therefore, the opposite party cannot exercise the general ..... not contain necessary required particulars, to attract the consumer dispute. in this view, further concluding, that the complainant failed to establish the negligent act, and deficiency in service, dismissed the complaint, on 28.01.2010, which is challenged on various grounds by the complainant, in this ..... lien and to repudiate the same alone, we have pointed out the supreme court rulings as placed before us. 15. in the case of a consumer dispute, we are concerned mainly, in this kind of case, the service availed or hired for consideration followed by negligent act .....

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Mar 03 2011 (HC)

Mrs.K.Rajeswari and ors. Vs. M.V.Shanmugam

Court : Chennai

Decided on : Mar-03-2011

..... handover the possession. (g) as per the terms and conditions stipulated, the plaintiff is always ready and willing to perform his part of the contract. he was always demanding the defendants to go over with him to discharge the usufructuary mortgages to the tenants who occupied the properties and also to ..... unborn children, is void and even as per section 8(3) of the hindu minority and guardianship act, even if alienations are made by the natural guardian, without permission of the court of law, that contract is voidable at the instance of the minor. considering the same, i am of the view ..... contra to the written registered document. proviso 3 to section 92 of the indian evidence act shows that the existence of any separate oral agreement, constituting a condition precedent to the attaching of any obligation under any such contract, grant or disposition of the property, may be proved and so, it is ..... security for the loan obtained for rs.1,25,000/-. there is no concluded contract and since defendants 6 and 7 are minors, permission of the court is necessary under section 8 of the hindu minority and guardianship act, and without obtaining permission from the court of law, the appellants/defendants are ..... of the court under section 8 of the hindu minority and guardianship act, does not arise.29. now, this court has to decide as to whether the respondent/plaintiff was ready and willing to perform his part of the contract. the respondent/plaintiff issued notice on 28.1.2005 under ex.a .....

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Jul 05 2011 (HC)

S.Rasu(Died) and ors. Vs.

Court : Chennai

Decided on : Jul-05-2011

..... (2) lln 451, has laid down that the provident fund and e.s.i contribution do not establish the relationship of master and servants, as even in the case of contract employees, the liability to pay contribution is that of the management. 12. the workmen did not lead any admissible evidence in support of their claims. 13. only one workmen out ..... . the award is challenged by these three writ petitioners. 14. the learned labour court also placed reliance on the statutory settlement reached under section 18(1) of the industrial disputes act, which was entered between the petitioners and the contractor, and came to the right conclusion that there exists no relationship of master and servants between the petitioners and the respondent ..... of their claims, produced an agreement signed between the contractor and the company, and also placed reliance on the statutory settlement reached under section 18(1) of the industrial disputes act, which was executed between the petitioners and the contractor. 10. the learned labour court by placing reliance on the judgement of this court in the case of petroleum workers union .....

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Nov 12 2011 (HC)

D.Johnrose Vs. Chidambara Vinayagar Pillaiyar

Court : Chennai

Decided on : Nov-12-2011

..... lease agreement was denied and hence if at all the existence of the agreement is denied, the question of refusing to perform the part of the contract on the part of the plaintiffs-petitioners herein would not arise. therefore, the denial made by the plaintiffs-petitioners herein has a greater force i.e ..... as opined by this court.(xl) it is to be noted that section 53(a) of the transfer of property act contemplates a contract in writing and delivery of possession in pursuance of the said contract. if an agreement is not a true and valid one, a person cannot invoke the doctrine of part performance. continuing ..... suit:(a) a decree for declaring his possession over the suit property.a(a) that he will be given a decree for specific performance of the contract of sale enforcing the agreement dated 15.09.1959 and the further agreement dated 16.03.1963, directing the defendants 2 to 4 to execute the ..... the appellant/plaintiff is barred by plea of limitation, it is to be pointed out that article 54 of the limitation act, 1963 in respect of the suit for specific performance of a contract, the period specified is three years limitation and the time begins to run for the purpose of limitation, the date ..... similar circumstances as a shield against the landlord in proceedings for eviction instituted under the tamil nadu buildings (lease and rent control) act.it is obvious that, till the contract of sale was entered into, the petitioner only occupied the position of lessee. but, after the date of the .....

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Dec 22 2011 (HC)

Miss.Kajal Aggarwal Vs. the Managing Director

Court : Chennai

Decided on : Dec-22-2011

..... makes:- (a) a literary, dramatic or artistic work, (b) in the course of his employment by, (c) the proprietor of a newspaper, magazine or similar periodical, (d) under a contract of service or apprenticeship, (e) for the purpose of publication in a newspaper, magazine or similar periodical, and, if all the above mentioned conditions are fulfilled, and (f) there is ..... copyright in a cinema film exists in law, but section 13(4) of the act preserves the separate survival, in its individuality, of a copyright enjoyed by any 'work' notwithstanding its confluence in the film. this persistence of the aesthetic personality of the intellectual ..... drive home my point, slurring over the rule against mixed metaphor. cinema is more than long strips of celluloid, more than dramatic story, exciting plot, gripping situations and marvellous acting. but it is that ensemble which is the finished product of orchestrated performance by each of the several participants, although the components may, sometimes, in themselves be elegant entities. ..... or in any other form or media. 3. the respondent/defendant has entered appearance and filed counter contending that in december 2008, the appellant was an ordinary model and acting in ad films and respondent has used the same for the purpose of marketing and promoting their products, particularly hair oil and coconut oil. according to the respondent, there .....

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Feb 24 2011 (HC)

Kasturi and Sons Ltd. Vs. Union of India Rep. and ors.

Court : Chennai

Decided on : Feb-24-2011

..... and no opinion is expressed thereon because in case of unbranded software other questions like situs of contract of sale and/or whether the contract is a service contract may arise."9. while deciding the same, there was no occasion to consider the implications of the finance act 2003 to 2006 in respect of the terms information technology and maintenance of software and the ..... has his place of business or usual place of residence in india. (b) to attract service tax, the contracted agreement need not necessarily be maintenance contract or agreement. by the circular it is only the scope of explanation to the amendment to the finance act which has been indicated and that is well within the statutory powers and therefore, the contention of the ..... in relation to maintenance or repairing or servicing of software is liable for service tax under section 65(105)(zzg) read with section 65(19) of the finance act, 1994 and hence, the circular is in supercession of earlier circulars.5. under the contract entered on 31.10.2000 with a foreign dealer for supply of software, the petitioner entered a maintenance ..... contract paying annual maintenance charges to the foreign dealer and by virtue of the impugned circular issued by the second respondent the petitioner would be bound to pay service tax in respect of maintenance of software.6. admittedly, it is under the finance act, 2007, with effect from 1.6.2007, the term .....

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Mar 01 2011 (HC)

M.Karuppusamy Vs. S.Karunaiyammal and ors.

Court : Chennai

Decided on : Mar-01-2011

..... amount of advance. the very fact that the parties intentionally incorporated such default clause clearly goes to show that they intended to lay down their rights and obligations under the contract explicitly. they, therefore, knew the terms thereof. they understood the same. there is no uncertainty or vagueness therein."30. learned counsel appearing for the appellant/first defendant further submitted that ..... called for the copy of the sale agreement, but he has not received the same. the first plaintiff has never been ready and willing to perform his part of the contract. the value of the real estate and building in and around chennimalai has fallen considerably. the claim of 12% interest is totally unsustainable. hence, the first defendant prayed for ..... , the first plaintiff is entitled to seek necessary remedy through the court of law. (d) the first plaintiff has always been ready and willing to perform his part of the contract. he approached the first defendant several times. the first defendant had been successfully evading to do so with some mala-fide intention offering some lame excuses. therefore, the plaintiff issued ..... loan. by reason thereof, the respective liabilities of the parties were fixed. in the event, the provisions of the said contract were breached, the damage which might have been suffered by one party by reason of act of omission or commission on the part of the other in the matter of performance of the terms and conditions thereof had been quantified. the .....

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Jan 28 2011 (HC)

Hallmark Industries Vs. Tahsildar and ors.

Court : Chennai

Decided on : Jan-28-2011

..... 10 and 12 had observed as follows: "10. the scheme of the act, the rules and the regulations clearly spell out that the insurance covered under the act is distinct and different from the contract of insurance in general. under the act, the contributions go into a fund under section 26 for disbursal of ..... in the petitioner employer concern at the relevant point of time and both the petitioner as well as the deceased gurumurthy were covered by the esi act. in view of this finding, the workmen compensation commissioner's order is set aside and the liability of the esi corporation will get restored. ..... rule 58(2)(b) is a very significant provision. for a person who becomes an employee for the first time within the meaning of the act, the contribution period under regulation 4 commences from the date of such employment from the contribution period current on that day and the corresponding benefit ..... the supreme court held that the provision under section 2(14) of the act cannot be compared with a normal insurance scheme and it is definite and different from the contract of the insurers. under section 38 of the esi act it is statutory obligation on the employer to insure their employee. being a ..... by the esi corporation giving a code number also stating that at the relevant time, the deceased gurumurthy was covered by the provisions of the esi act and that he was an insured person. when the statutory corporation files a counter statement giving details about the coverage, it is surprising that .....

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