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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 2011 Page 8 of about 256 results (0.046 seconds)

Dec 13 2011 (HC)

M/S.Hindustan Aeronautics Ltd Vs. the State of Tamil Nadu

Court : Chennai

Decided on : Dec-13-2011

..... facts of the case are as under:- the assessee is a government of india undertaking engaged in the execution of a turnkey works contract for the tamil nadu electricity board for erecting and commissioning a captive power plant, during the relevant assessment year viz., 1991-92. the ..... according to the assessee, the assessing authority before imposing penalty could have considered the explanation and levied penalty under section 16(2) of the tngst act. further, according to the assessee, the authorities below have not at all considered the explanation and there is no finding that there is wilful non ..... to filing of incorrect and incomplete return and thereby levy of penalty under section 16(2) read with section 12(5)(iii) of the tngst act is warranted and accordingly, confirmed the order of the assessing officer. the assessee has given detailed objections before reopening of the assessment dated 16. ..... such imposition. from a reading of the above provisions, it is clear that penalty could be levied under section 16(2) of the tngst act, only when the assessing officer satisfy that the escape from the assessment is due to wilful non-disclosure of assessable turnover by the dealer. in ..... and circumstances of the case and rightly held that the assessee collected additional sales tax, which is violation of the provisions of additional sales tax act. therefore, levy of penalty is justified. further it is contended that there is wilful suppression of turnover, therefore, the order passed by the .....

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Sep 14 2011 (TRI)

R. Sheeba Vs. the Secretary, Nelveli Primary Agricultural Co-op. Bank ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Sep-14-2011

..... by the registrar of co-operative societies, dated 6.6.03 in which it is stated that in order to implement the scheme specific instructions were given to invoke the contract act whenever the depositors refused to renew the high cost deposits at the current rate by giving them one month notice and refund as the deposits or to renew with reduced ..... the opposite party in this case purposely in order to avoid their liabilities or slackness in this regard. 8. in those circumstances, even though the opposite parties are bound to act upon the circulars of the higher officers that too within the limits prescribed under the circulars which were not followed they cannot claim that the complainant is entitled only for ..... of interest is payable only at 9% and the maxium period of deposit is only for 3 years and thereby the banks are advised to take necessary steps and to act accordingly. 7. further the opposite party relied upon the order passed by the district forum at nagercoil regarding the same type of matter in c.c.no.25/2008 as .....

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Nov 11 2011 (HC)

The General Manager Vs. the Assistant Commissioner of Labour

Court : Chennai

Decided on : Nov-11-2011

..... petitioner society is not aware of the legal implications of the tamil nadu payment of subsistence allowance act and the rules, 1981. section 5 of the act 43 of 1981, the act specifies if any better privileges are conferred by an employer by way of any contract, custom or usage, which are more favourable to an employee, then those terms will prevail regarding subsistence ..... producers union represented by the general manager. in this writ petition, they have challenged an order of the first respondent authority constituted under the tamil nadu payment of subsistence allowance act, 1981 (act 43 of 1981) made in p.u.no.4 of 2007 dated 13.11.2007.2. by the impugned order, the first respondent computed a sum of rs.1 ..... , if the enquiry is prolonged for the reasons directly attributable to the employee, then the subsistence allowance payable can be reduced to 50%. under section 3(2) of the act, if an employee accepts any other employment during the period of his suspension in any establishment other than the establishment in which he is working, then the employer was not ..... allowance. it only means that if the terms or rate offered by the employer are less favourable, they did not be given effect to.9. as per 3rd proviso to section 3(1) of the tamil nadu payment of subsistence allowance act, 1981 .....

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Feb 15 2011 (TRI)

National Insurance Co. Ltd., Rep. by Its Branch Manager Vs. S.M.S. Exp ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Feb-15-2011

..... and the underwriters will, in addition to any loss recoverable hereunder, reimburse the assured for any charges properly and reasonably incurred in pursuance of these duties ? . under the sea carriers act, a claim against the carrier should be filed within an year, and upon lapse of such period, the liability of carrier would stand extinguished. this proposition of law, is not ..... on either side, and by going through the documents, as well as the written submissions, we are of the considered opinion, that the 1st opposite party alone had committed negligent act, amounting to deficiency in service, in not honouring the terms and conditions of the policy, and in this view, the final conclusion of the district forum is to be confirmed ..... claim under the policy. despite several personal contact, through letters, including legal notice, calling upon the 1st opposite party to settle the claim, they failed, thereby committed not only negligent act, but also deficiency in service. even till today, the claim was not settled, or even repudiated. under the said circumstances, since the complainant suffered not only monetary loss, but also ..... proceed against the carrier, and according to the learned counsel for the appellant i.e., due to the act of the insured, and in this view, there is a condition violation, and therefore the non-settlement of the claim cannot be faulted. the contract between the complainant and the 1st opposite arty, is not unilateral, whereas bilateral, and it is binding upon .....

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Jan 12 2011 (HC)

A and F Overseas Trade Limited Vs. Regional Director and anr.

Court : Chennai

Decided on : Jan-12-2011

..... relation to kerala sales tax act in central bank of india v. state of kerala and others reported in 2009 (4) scc 94. the following passages found ..... as well as non-statutory and secured as well as unsecured debts including a mortgage or pledge. sub-section (2) was designedly inserted in the act for ensuring that the provident fund dues of the workers are not defeated by prior claims of secured or unsecured creditors. this is the reason why ..... to continue to discharge duties without any payment of wages and this also cannot be the intention of the legislature. if the purpose of the said act of 1985 is to rehabilitate the company itself, the same cannot mean that the workmen are to be compelled to continue without payment of wages ..... the petitioner.4.opposing the stand of the petitioner, in the counter affidavit, it is stated that since the petitioner is disputing their liability under the esi act, they must file an appropriate petition under section 75 before the esi court and the writ remedy is not available. on the question of application ..... 11(2) of the epf act. therefore, the reasoning found in maharashtra state cooperative bank limited case will squarely apply to the case on hand. 8.further, the supreme court had also made a distinction between the statutory dues and dues to be recovered in terms of a contract, vide its judgment in .....

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Feb 15 2011 (HC)

The Management of Magus Customer Dialog Private Limited Vs. the Deputy ...

Court : Chennai

Decided on : Feb-15-2011

..... labelled as a conveyance allowance, it will form part as an additional remuneration and will come under the exclusion provided under section 2(22) of the act.12. in paragraph 13 of sundarama clayton's case (cited supra), the division bench had observed as follows:-"13. ... the conveyance allowance paid to ..... . further in the sundaram clayton's judgment, the court dealt with the definition of the term 'wages' found under section 2(22) of the esi act and thereafter gave its own interpretation as to how the conveyance allowance cannot be construed as wages.10. it is necessary to refer to the definition of ..... that even after the explanation offered, if any orders are passed, the same can be challenged only by a dispute raised under section 75 of the esi act before the appropriate esi court. hence, prayed for dismissal of the writ petition.7. taking the last argument, mr.s.ravindran representing m/s.t ..... the conveyance along with the salaries. the value of conveyance is less than 25% on basic salary and hence it is not chargeable under the esic act." it is after this correspondence, the impugned notice came to be issued.4. subsequent to the impugned notice, the petitioner issued a legal notice to ..... the term 'wages' under section 2(22) of the esi act, which is as follows:-"'wages' means all remuneration paid or payable, in cash to an employee, if the terms of the contract of employment, express of implied, were fulfilled and includes any payment to an employee in .....

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Feb 28 2011 (HC)

S.Thangasamy Vs. the Employee's State Insurance Corporation And Anr.

Court : Chennai

Decided on : Feb-28-2011

..... date of employment of the employee concerned.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 ..... 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 ..... harrisons malayalam ltd.3 that being the position, the date of payment of contribution is really not very material. in fact, section 38 of the act casts a statutory obligation on the employer to insure its employees. that being a statutory obligation, the date of commencement has to be from the ..... been employed by him."since the petitioner had reached the age of superannuation as on 11.03.2003, he is entitled for benefits under the esi act as well as the regulations framed thereunder.6. the respondent esi corporation had filed a counter affidavit dated nil (october 2010). in paragraphs 7 ..... he got his services confirmed on 01.01.1980. it was claimed that he is covered by the provisions of the employees' state insurance act, 1948 (for short esi act). however, the petitioner was dismissed from service on 21.05.1999. the dismissal of the petitioner became the subject matter of challenge in .....

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Mar 03 2011 (HC)

A.N.Kumar Vs. Arulmighu Arunachaleswarar Devasthanam and ors.

Court : Chennai

Decided on : Mar-03-2011

..... under which a court of equity refuses to grant decree for specific performance is on the ground of unfairness. such unfairness may be either due to the terms of the contract or the conduct of the parties or other existing circumstances. the plaintiff temple has the prerogative right to protect its property for proper administration of the temple and its ..... , whose action has marred or is likely to mar the artistic appearance or the religious atmosphere of the religious institution.35. in the tamil nadu hindu religious and charitable endowments act, 1959, no express provision is made to recover possession from tenant, licensee, lessee or mortgagee, which the temple intends to take possession after terminating the lease. since no ..... has marred or is likely to mar the artistic appearance or the religious atmosphere of the religious institution.32. chapter vii of the tamil nadu hindu religious and charitable endowments act, 1959 specifically speaks about "encroachments". sections 78 and 79 provide for mechanism to remove the encroachment. they merely speak about the powers and duties of the assistant commissioner and ..... 1st defendant is that on the exercise of option, lease stands automatically extended until 24.2.2037 and that he is also entitled to the protection of city tenants protection act. since the lease automatically got extended, the 1st defendant cannot be asked to surrender possession. in the written statement, the 1st defendant has further referred to certain instances, .....

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Nov 11 2011 (HC)

The General Manager Vs. the Secretary to Government and ors.

Court : Chennai

Decided on : Nov-11-2011

..... that the workmen were not engaged throughout the year is irrelevant. for the purpose of calculating 480 days', the act only talks of 480 days' within 24 calendar months. the contract need not spread over to full two calendar years. it will be suffice if the workman completes 480 actual days ..... an industrial establishment enjoys a limited kind of protection. he may lose his employment in various contingencies which are provided under the industrial disputes act such as lay-off as provided in section 25-c, retrenchment as provided in section 25-f, transfer of industrial establishment or management ..... the workmen cannot claim any permanent status; andvi) any appointment made without the prescribed qualifications and beyond the sanctioned strength and the tamil nadu act 46 of 1981 will not be granted on them.8. the contentions raised by the petitioner management cannot be countenanced by this court for more ..... extra expenditure due to regular staff recruitment, these workmen were employed. the management will not come within the purview of the tamil nadu act 46 of 1981. the authority rejected these contentions and held that the petitioner factory is an industrial establishment coming within the definition of section ..... ' within 24 calendars, even if it was discontinuance. the explanation-1 appended to section 3(1) of the act 46 of 1981 makes the .....

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Nov 08 2011 (HC)

Vadasery Pothujana Kaitharee Nesavalar. Vs. Kaliappan and Rajagopal.

Court : Chennai

Decided on : Nov-08-2011

..... under this section.(9)(a) the period of limitation for referring a dispute under this section shall be regulated by the provisions of the limitation act, 1963 (central act, 36 of 1963) as if the dispute were a suit and the registrar, a civil court, subject to the following modifications, namely:-(i) ..... . in view of the aforesaid legal position, i hereby recognise the statutory rights of the appellant to proceed under the tamil nadu co-operative societies act, 1983, to recover the property concerned if at all the facts as stated by the appellant is true.19. with the above observations, the second ..... by proceeding as against the second respondent, that will not bind the co-operative society.15. section 90 of the tamil nadu co-operative societies act would unambiguously and unequivocally highlight and spotlight that the co-operative society, which allotted the land or house or immovable property to its member can ..... would display and demonstrate that the appellant has chosen the wrong forum. the appellant being the society, as per the contract itself, as contended by the learned counsel for the appellant, could have very well invoked the provisions of the tamil nadu co-operative societies ..... anything contained in any other law for the time being in force no order or award passed, decision or action taken or direction issued under this act by an arbitrator, a liquidator, the registrar or an officer authorised or empowered by him, the tribunal or the government or any officer subordinate to .....

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