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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: chennai Year: 2011 Page 9 of about 256 results (0.046 seconds)

Oct 14 2011 (HC)

The Director Vs. the Regional Provident Fund Commissioner

Court : Chennai

Decided on : Oct-14-2011

..... judicial in nature and it can go into all the issues raised here. it is wrong to contend that there is no remedy under the act. 9. when an act provides for a statutory appeal remedy, it is not open to the petitioner institute to ignore the provision and rush to this court and that ..... w.a.nos.833 to 835 of 2010. the division bench after relying upon another division bench order with reference to scope of 7-a of the act, allowed the appeals with a direction to the respondents to pass order afresh, within a period of three months. the department was also directed to return ..... writ petition challenge is to the order, dated 22.07.2011 passed under section 7(a) of the employees' provident funds and miscellaneous provisions act, 1952 (hereinafter referred as the act). by the impugned order, the petitioner's institute was directed to pay a sum of rs.18,08,816.70/- towards the payment in ..... the period from 5/1989 to 2/1998, within 7 days, failing which they are liable to be proceeded with execution proceedings and they also liable to pay damages under section 14-b of the act and ..... favour of the employees engaged by m/s.alagappapuram labour contract cooperative society, karaikudi, the third respondent in w.p.(md).no.8498 of 2011 for .....

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Mar 04 2011 (HC)

T.Chakrapani and ors. Vs. Union of India and ors.

Court : Chennai

Decided on : Mar-04-2011

..... fees for the construction etc of the national highway. sections 14 and 15 of the national highways authority of india act, 1988 allowed the authority to enter into and perform any contract necessary for the discharge of its functions under this act. we, thus, fail to comprehend as to how upon transfer of the right to build, maintain, manage and ..... does not render a statute unconstitutional. even otherwise, a claimant would be entitled to challenge the arbitrator's award by invoking the provisions of section 34 of arbitration and conciliation act, 1996. thus, the aforementioned submissions, in our considered opinion, do not render the impugned enactment, arbitrary, illegal or ultra vires of any provisions of the constitution of india ..... property. section 8 prescribes the principles and method for determining compensation with respect to property but does not provide for payment of solatium or interest. the vires of this act, more particularly the provisions of section 8, were impugned on the ground that failure to provide for payment of solatium and interest violated article 14 of the constitution. ..... the hon'ble punjab and haryana high court as under: "the aforementioned arguments, in our considered opinion, are inherently flawed. the central government acquires land under the national highways act, 1956 for a public purpose, namely, for the national highway authority of india, to develop, manage, maintain and operate national highways. what the national highway authority does with .....

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Dec 22 2011 (HC)

Rajambal Vs. the Inspector General (Registration) and ors.

Court : Chennai

Decided on : Dec-22-2011

..... rendering a fraudulent order void and non-existent. this principle in a different manner is also adumbrated in section 21 of general clauses act, 1897 (central act no.x of 1897). under the said provision, an authority who has power to issue, inter alia orders has also power to ..... . sections 25, 34 and 80.---that prescribed fee or fine has not been paid. {xvii. section 230(a) of the income tax act, 1961 (act 43 of 1961).--that the prescribed certificates from the income tax officer has not been produced. xviii. section 10 of the tamil nadu land ..... registrar of pondicherry to withhold the registration of any sale transaction in respect of certain lands. after taking note of the provisions of the act and the pondicherry registration rules, i held that the inspector general of registration does not have the power to enlarge the scope of the ..... . in other words, the state act is given an overriding effect upon other ..... act or in the registration rules, for the registration of a document. but section 5(1) of the tamil nadu patta pass book act, 1983, mandates it and section 21 of the act states that the provisions of this act, shall have effect, notwithstanding anything inconsistent therewith, contained in any other law, custom or usage or contract .....

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Dec 13 2011 (HC)

C.S.S. Corp Private Limited Vs. Space Matrix Design Consultants

Court : Chennai

Decided on : Dec-13-2011

..... the bill of quantities (boq) are indicative and may vary based on the site conditions. these bill of quantities shall not form part of the contract. however, the certification for payments shall be made based on the agreed rate per sq. ft. basis and as per the agreed milestone achievements ..... specific averment that appellant is having obstructive conduct or that acting in a manner to defeat the award, no interim order directing furnishing security could be passed. appellant is stated to be a reputed concern ..... would result in grave injustice to the party seeking protection. the statutory discretion given to the court under section 9(ii)(b) of the act must be exercised judicially in accordance with the established legal principles and having regard only to the relevant considerations. in the absence of any ..... interim mandatory injunction are governed by well known rules and it is difficult to imagine that the legislature while enacting section 9 of the act intended to make a provision which was dehors the accepted principles that governed the grant of an interim injunction. same is the position regarding ..... respondent is entitled to get the interim protection. learned judge allowed the application [a.no.2661 of 2011] filed under section 9 of the act directing the appellant to furnish security for rs.4,56,22,368/-, failing which ordered attachment. being aggrieved by the direction to furnish security, .....

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Jul 06 2011 (HC)

S.Sundarapandian Vs. the Tamil Nadu Minerals Ltd. and anr.

Court : Chennai

Decided on : Jul-06-2011

..... does not amount to granting extension. appropriate orders have to be passed by the competent authority, on the application. without there being any extension of contract, the petitioner has no legal or statutory right to seek for any interim orders from this court. the interim order granted on 08.06.2011 ..... period of lease, without any legal or statutory basis on the determination of the contract period agreed upon by the parties. courts cannot enlarge the period by granting interim orders. 18.at this juncture, it is also to be ..... obligations, the petitioner has no legal or statutory right to claim the continuance or squat over the quarry site, without there being any extension of contract and any interim order permitting the petitioner to remove the quarry materials by deploying the machineries in the site would virtually amounting to extending the ..... of the writ petitioner that a specific promise has been made and acting on the promise, the petitioner had acted and consequently put to hardship. law is well settled that mere averments do not stand the test of proof. the contract period has expired on 12.03.2011. the writ petition has ..... been filed on 28.04.2011, after the expiry of the period. when the terms and conditions of the contract .....

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Nov 21 2011 (HC)

Saravanan Vs. Subramaniya Mudaliyar

Court : Chennai

Decided on : Nov-21-2011

..... after the issuance of the said notice, the suit was filed and as per the current law as found embodied in the amended section 106 of the transfer of property act, nothing could be found fault with the procedure adopted by the plaintiff long after 15 days, so to say after the expiry of almost a month and a half, the ..... for the defendant would submit that there was no issue framed relating to the validity or otherwise of the termination notice issued under section 106 of the transfer of property act.14. i recall and recollect the maxim judicis est judicare secundum allegata et probata. [it is the proper role of a judge to decide according to the allegations and proofs ..... and also suggesting the following substantial questions of law: (a) without giving any finding whether the plaintiff has given proper notice as contemplated under sec 106 of transfer of property act, can the court decree a suit for eviction filed by the plaintiff? (b) whether the judgment and decree of the first appellate court is perverse as it had merely reproduced ..... , at the stage of second appeal, would not arise.15. section 106 of the transfer of property act, is also reproduced hereunder for ready reference:section 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 agricultural or manufacturing .....

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Mar 30 2011 (HC)

M/S.Conveyors India Fabricators P.Ltd, and anr. Vs. Venturetech Soluti ...

Court : Chennai

Decided on : Mar-30-2011

..... on the ground that even though the suit is relating to immovable property situated outside the jurisdiction of the court, the question whether there was recession recession of the contract and whether contract came to an end are the questions to be decided only in the suit. the order of the learned single judge reads as under:".... 5. admittedly, two ..... alienation of the property by the appellants and also returning the advance cheque. alleging that the respondent/plaintiff is always ready and willing to perform its part of the contract and that any government's liability can be cleared by performance of the sale transaction and that appellant/defendant is attempting to frustrate the agreement entered into between the ..... of 2005 for permeant injunction against virgo industries (engineers) p.ltd., seeking the following prayers:"(a) granting a permanent injunction restraining the defendant, its men, agents, servants or persons acting on its behalf from in any manner alienating, encumbering or dealing with the plaint schedule property, to any third party other than the plaintiff; (b) directing the defendant to ..... of 2005 in respect of plot no.65 for permanent injunction seeking the following prayers: "(a) granting a permanent injunction restraining the defendant, its men, agents, servants or persons acting on its behalf from in any manner alienating, encumbering or dealing with the plaint schedule property, to any third party other than the plaintiff; (b) directing the defendant to .....

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Apr 27 2011 (TRI)

K.Palani, Proprietor Vs. A. Munusamy

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : Apr-27-2011

..... gujarat state co-operative marketing limited 1993(2) cp2 31 (32) 1993 and as per those rulings the contractual agreement for construction of building and breach of contract is not consumer dispute and also relied upon the rulings of this state commission reported in iii (2000) cpj 332 in the case of smt. m.p. ..... and findings cited above as in our case also it is clearly established as per exhibit a2 it is only an agreement of contract between the parties for construction of building and the disputes relating to the breach of contact will not fall under the consumer dispute as per sec.2(1 ..... basis of mutual agreement between the parties entered as per exhibit a2 on contractual basis and in view of the breaches alleged by both sides regarding the contract work, it is clear that the complainant case could not be a consumer dispute as per sec.2(1)(c)and the opposite party has also ..... opposite party in the sense of not completing the construction of the shops and then leasing out of the same to the complainant. for such breach of contract the action lies by way of civil remedy before a competent forum and definitely not before this commission. ? 7. in view of the above rulings ..... )(e) and sec 2(d) (i) and (ii) of consumer protection act and the remedy for the complaint lies before some other forum. we feel that the district forum passed an erroneous order in the absence effective defense by the .....

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Mar 11 2011 (HC)

T.T.G.industries Ltd. and ors. Vs. State

Court : Chennai

Decided on : Mar-11-2011

..... person , or to support any claim or title, or to cause any person to part with property or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed. making a false document is defined under section 464 i.p.c. dishonest ..... disposal should be in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract which the person has made, touching the discharge of such trust."it has also referred to observation made in an earlier judgment chelloor mankkal narayan ..... the said case, nepc india ltd. had hypothecated its two aircrafts to the indian oil corporation for securing payment for the fuel supplied under a contract. in the said contract itself a clause was incorporated to the effect that nepc india would not assign, sell, pledge, charge, underlet or otherwise encumber or part ..... direction of law prescribing the mode in which such trust is to be discharged or of any legal contract, express or implied which he has made touching the discharge of such trust, or the act of willfully suffering any other person so to do. therefore, to constitute a criminal breach of trust ..... with the possession, custody or beneficial interest in respect of the two aircrafts without the previous consent of ioc in writing. nepc also undertook not to do any act .....

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May 05 2011 (TRI)

Bharat Automobiles, Rep. by Its Manager Vs. Chitradevi Transports, Rep ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on : May-05-2011

..... sending of goods through the carrier agency by paying necessary charges for the service rendered by the carrier agency is only a contract for service and not for his commercial purpose with the opposite party even though those goods are intended for commercial nature. the learned ..... opposite parties lorry service by paying charges for the service rendered by the opposite party as freight charges he has availed the service as ??contract for service ? and he has not sold the things or spare parts to the opposite parties for the purpose of commercial business and ..... be considered. 9. the learned counsel for appellant in this regard argued that the district forum without understanding difference for ??service for contract ? and ??service in contract ? wrongly construed that the consignment of goods by the complainant was for the purpose of commercial activity and held that the complainant ..... . the district forum held that the complainant activities by sending the goods are for commercial purpose and thereby invoking provisions of consumer protection act for relief may not be sustainable one and thereby the complainant failed to establish that there was deficiency of service and the pleading of ..... barred by section 24-a of the consumer protection act, 1986. ? iii. ??when a person entrusts goods to a common carrier and the carrier accepts the same, there is a ??contract for service. ? when the goods are not delivered as per the contract, there is a deficiency in service. ? in the .....

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