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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 2011 Page 7 of about 256 results (0.069 seconds)

Feb 17 2011 (HC)

Tasmac Transport and ors. Vs. the Government of Tamil Nadu and ors.

Court : Chennai

Decided on : Feb-17-2011

..... this court dismissed the said writ petition by citing regulation 30 of the employees provident fund scheme, 1952 to the effect that even liability arising out of employees engaged through contract vests with the principal employer. therefore, there is no scope for interfering with the impugned notice. when once the stand of the respondent tasmac is that the loading and ..... "10. in that case, the supreme court had specifically directed the government to see to it that the employees are covered by the various labour enactments including the provident fund act. in case where the government engages the employees by out-sourcing the work, it was directed that they must make appropriate safeguards for covering those uncovered employees under various labour ..... those employees are engaged on self employment basis. it must be noted that the employees engaged by the tasmac are squarely covered by the employees provident fund and miscellaneous provisions act, 1952 and it was covered by the notification issued by the circular dated 30.04.1962. if once the principal employer is covered then any employees engaged by the ..... unloading workers are not engaged by them, safeguard need be made insisting their respective contractors to get themselves registered under the provident fund act as a separate employer, for the purpose of contributing the amounts towards epf, in respect of labour engaged by them.7. the circumstances pleaded by the petitioners have raised .....

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Feb 28 2011 (HC)

Hari And Company Vs. St. Antony's Traders And Anr.

Court : Chennai

Decided on : Feb-28-2011

..... damage is caused by physical contact of the ship, such as in collision. but damage can also be caused to property by breach of contract or acts of commission or omission on the part of the carrier or his agents or servants by reason of the negligent operation and management of the ..... maritime tort, such as a negligent collision or personal injury, but also for salvage services, for general average contributions, and for breach of certain maritime contracts."21. d.r.thomas on "maritime liens" stated it to represent a small cluster of claims which arise either out of services rendered to a ..... if in any such cause the plaintiff do not recover twenty pounds, he shall not be entitled to. the term has not been statutorily defined in the act of 1861. in liverpool case, the supreme court extracted various definitions of "necessaries" which we may usefully refer to:- "79. the term "necessaries" ..... and courts entrusted with the administration and enforcement of its provisions are specifically stated. the high court is defined under section 3(15) of merchant shipping act, 1958. the detention of a foreign ship is authorised in terms of sections 443 and 444. sections 443 and 444 relate to detention by reason ..... england without the strict formalities of law, considering only the truth of the fact and the equity of the case". after the indian high courts act of 1861, the high courts of judicature of calcutta, madras and bombay superseded the supreme court. by the letters patent of 1862, the admiralty .....

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Feb 28 2011 (HC)

N.Chinnavan Vs. the Management and anr.

Court : Chennai

Decided on : Feb-28-2011

..... treated as employees and entitled to get gratuity, which is more favourable, either in terms of award, agreement or contract. section 14 of the payment of gratuity act also states that the provisions of payment of gratuity act or any rule made thereunder shall have a overriding effect notwithstanding anything inconsistent therewith containing in entitlement other than the payment ..... into service. the following passage found in paragraph 11 of the said judgment is relevant, which may be usefully reproduced below:- ''11. section 2(e) of the payment of gratuity act, 1972, defines 'employee' as follows:-''employee" means any person (other than an apprentice) employes on wages, in any establishment, factory, mine, oil-field plantation, port, railway ..... defined in section 2(e) of the payment of gratuity act, 1972, alone is applicable and section 2(s) of the industrial disputes act, 1947, cannot be applied for deciding the ..... of gratuity act or any instrument or contract. therefore, the second respondent gave a specific finding that the definition of employee as .....

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Apr 01 2011 (HC)

The National Insurance Co. Ltd. Vs. Jayaraman, and anr.

Court : Chennai

Decided on : Apr-01-2011

..... vehicle to one bakthavatchalam even before the accident.12. per contra, ms.malar, the learned counsel for the first respondent/claimant contended that under sec.2(30) of motor vehicle act, the 'owner' means a person in whose name a motor vehicle stands registered and under sec.50(1)(a) the transferor is required to report fact of transfer to registering ..... scooter, the hon'ble supreme court held that since the scooterist was driving totally different class of vehicle, it is in violation of sec.10(2) of the motor vehicle act and therefore, the insurer cannot be held liable to pay compensation. but however, in view of the decision of the hon'ble supreme court in national insurance company ltd., v ..... . the defence raised by the appellant falls under the purview of sec.149(2) of motor vehicle act. since the rider of the motor cycle had no appropriate licence to ride motor cycle with gear, there was a breach of condition of the contract of insurance policy and hence, the appellant/insurance company is not liable to indemnify the insured.11. a .....

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Dec 16 2011 (HC)

V.Bhaskaran Vs. the Special Director of Enforcement and ors.

Court : Chennai

Decided on : Dec-16-2011

..... chairman or other person shall be entitled to claim any compensation for the premature termination of the term of his office or of any contract of service. (3) notwithstanding anything contained in any other law for the time being in force, no court shall take cognizance of an offence ..... fera and on receipt of those notices, it was open to the appellants to show that they had the necessary permission from the authority concerned under the act. of course, if they do not have such permission, apparently, in the case on hand, there was no such permission, they have necessarily to ..... and the import and export of currency. 8. after economic liberalisation, fera was repealed in 1999 by the government and replaced by the foreign exchange management act (fema), which liberalised foreign exchange controls and restrictions on foreign investment. it came into operation w.e.f.1.6.2000. 9. though fera was ..... of fema, giving a very short period of five days time for the appellant to reply and this indicates the manner in which the department has acted in a hurried and vindictive manner, by leaving to winds the avowed principles of natural justice and audi alteram partem, besides indicating their preconceived ideas and ..... registered under section 8(1), 9(1)(a) of fera, 1973 and under section 56(1)(i) and some other provisions of foreign exchange maintenance act, 1999 (fema in short),, the appellant has come forward to file the present writ proceedings in w.p.no.32693 of 2002 before this court, .....

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Jan 21 2011 (TRI)

The Secretary R.K. Pet Primary Agricultural Cooperative Bank R.K.Pet a ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Jan-21-2011

..... are not directly connected with the 1st opposite party, though they are the higher authorities, or supervising authorities, as the case may be. in this view, there cannot be any contract between the complainant and opposite parties 3 and 4. if the opposite parties 1 and 2 viz. rk pet primary agricultural cooperative bank, whether it is represented by the secretary ..... receipts were given. admittedly, after the period prescribed for maturity in ex.a1 viz. 6 months, amounts were also not paid, it is also admitted. therefore for the mistake, negligent act, and deficiency committed by the secretary of the rk pet primary agricultural cooperative bank, they should be held responsible, whether that amount was brought into its account or not. for ..... case filed against the then secretary is mentioned, and the fir is ex.b1. before initiating criminal proceedings against the then secretary, as contemplated under sec.81 of cooperative societies act, an enquiry was conducted, by a competent person. it seems, after enquiry, he had submitted a report, wherein the enquiry officer fixed mariappan as the person responsible for misappropriation, ..... or the special officer, as the case may, had committed any deficiency in service or negligent act, the opposite parties 3 and 4 cannot be held vicariously liable. but the complainant accusing them also, for non-refund of the matured amount, has filed the case, which .....

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Jan 28 2011 (TRI)

The New India Assurance Co. Ltd., by Its Divisional Manager Vs. P.J. S ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Jan-28-2011

..... date, there was no privity of contract between the complainant and the opposite party and on that basis, when a claim was made, it was repudiated legally, justifiably, cannot be quoted as covered ..... had taken place on 6.4.2003, that is within 10 days or we can say within 14 days, that is within the permissible time under the act. when the subsequent purchaser, had the right to transfer or informto the insurer within 14 days, before that, the accident had taken place and therefore, ..... consumer, which is sought to be set aside, mostly relying upon section 157 of motor vehicle act. it is also an admitted fact, that on the date of the accident namely 6.4.2003, there was no contract of insurance between the complainant and the opposite party though the vehicle had coverage on that date ..... that the complainant has not transfer the policy or informed the purchase of the vehicle within 14 days, as contemplated under section 157 of the motor vehicle act, 1988, and before the transaction of the policy or before taking the new policy, the vehicle met with an accident on 6.4.2003, on which ..... . in this context, we have to see, section 157 of motor vehicle act, 1988, which comes under the chapter-xi ??insurance of motor vehicle .....

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Nov 11 2011 (HC)

Ms.Ekambara Eswarar Coffee Works. Vs. Varambettran.

Court : Chennai

Decided on : Nov-11-2011

..... w.1 has also stated that, he does not know whether the respondent/defendant owns a lorry or not? even in the absence of a privity of contract between the owner of the lorry and the owner of the goods, the owner of the lorry can be made liable in law for the loss/damages ..... /damage is caused to the consignments in accident, during transit and the carrier failed to rebut the presumption of negligence as per section 9 of the carriers act, 1865, then the carrier is clearly liable to pay the damages as opined by this court. further more, the burden of proving absence of negligence is ..... absolute liability of the carrier is subject to two exceptions, viz:-(i). any special contract that the carrier may choose to enter with the consumer and(ii). 'act of god'.also, the onus of proof that there is no criminal act or negligence on the part of the carrier or its agent or servants is upon ..... the appellant/plaintiff, in regard to the allegations made in the plaint.19. it is the stand of the appellant/plaintiff that the respondent/defendant not only acted as a 'broker' but he is running a lorry shed and carrying on the business.20. in any event, the learned counsel appearing for the appellant ..... 17. advancing his arguments, the learned counsel for the appellant/plaintiff, contends that the conclusion arrived at by both the courts that the respondent/defendant only acted as a broker and not in any way concerned with the delivery of the goods obviously brushing aside the evidence of p.w.1 and corroborated by .....

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Oct 31 2011 (HC)

T.V.Viswanathan Vs. M.K.Nagasamy

Court : Chennai

Decided on : Oct-31-2011

..... the same. hence, the trust being the sole beneficiary is not only liable for the repayment but is also estopped from denying its liability under the contract.26. as such, i am of the considered view that the following issues based on the aforesaid facts, would emerge in this regard: (i) ..... 3=ex.b.1 sale deed by itself would impute knowledge of the contents of the sale deed or not as per section 115 of indian evidence act (1 of 1872).k.velayudham pillai & others vs. t.velayutham pillai & others reported in (2009) 1 mlj p-74. (tnlj 1981 page 22).2 ..... the defendants could plead anything contrary to the recitals in the sale deed in view of the embargo as embodied in section 92 of the indian evidence act and more specifically, relating to payment of sale consideration? (ii) whether the principle of estoppel could be pressed into service by the defendants as against ..... and was unable to properly manage its affairs. even the appointment of receivers and the subsequent transactions entered into by the administrators appointed under the lst act had been for the purpose of furthering the business concerns of lst itself. it would be useful to refer in this connection to depuru veeraraghava reddi ..... , acting on the faith of it, resulting detriment to the actor. estoppel is often described as a rule of evidence, as indeed it may be so described. but the whole concept is more correctly viewed as a substantive rule of law. estoppel is different from contract both in its nature and consequences. .....

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Dec 22 2011 (HC)

S.Sundar and ors. Vs. the State of Tamil Nadu and ors.

Court : Chennai

Decided on : Dec-22-2011

..... continuous service during the days on which--] (i) he has been laid off under an agreement or as permitted by standing orders made under the industrial employment (standing orders) act, 1946 (central act xx of 1946) or under any other law applicable to the industrial establishment; (ii) he has been on leave with full wages, earned in the previous years; (iii ..... article 43 states that the state shall endeavour to secure, by suitable legislation, to all workers conditions of work ensuring a decent standard of life. 21. the permanent status act shall be read along with articles 42 and 43 of the constitution. reading so, the petitioners are entitled to regularisation of their services. the corporation shall make the petitioners ..... admitted that the petitioners are in continuous service for more than 30 years. therefore, the petitioners are entitled to regularisation as per section 3 of the permanent status to workmen act. 12. the judgment relied on by the learned counsel for the respondents in indian drugs & pharmaceuticals limited v. workmen, indian drugs & pharmaceuticals limted ((2007) 1 scc ..... for the purposes of this section, 'law' includes any award, agreement, settlement, instrument or contract of service whether made before or after the commencement of this act.] 10. a plantation, as defnied in plantations labour act, is covered under section 2(3)(b) of the permanent status to workmen act. it is admitted by the fourth respondent in their counter that the the plantations .....

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