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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: gujarat Year: 2011 Page 2 of about 43 results (0.014 seconds)

May 12 2011 (HC)

Rfcl Limited Vs. State of Gujarat and 2

Court : Gujarat

Decided on : May-12-2011

..... the public interest.77. expression of different views and discussions in different meetings really lead to a transparent process and transparency in the decision-making process. in the realms of contract, various choices were available. comparison of the respective merits, offers of choice and whether that choice has been properly exercised are the deciding factors in the judicial review."while ..... a review of the administrative decision is permitted it will be substituting its own decision, without the necessary expertise, which itself may be fallible. the government must have freedom of contract. in other words, a fairplay in the joints is a necessary concomitant for an administrative body functioning in an administrative sphere or quasi-administrative sphere. however, the decision must ..... the favour award to afcons."13. it is in the wisdom of the respondent nos.1 and 2 to award the contract on the basis of the terms and conditions which were clearly mentioned in the tender document. we cannot act as an appellate authority and review the decision taken by the respondents. when the decision is based on tender document, ..... after an objective consideration of different options available taking into account the interest of the state and the public, then court cannot act as an appellate authority by substituting its opinion in respect of selection made for entering into such contract."14. in raunaq international ltd. v. i.v.r. construction ltd. (1999 (1) scc 492) it was observed that the .....

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May 10 2011 (HC)

ipcl Employees Association - Through General Secretary Vs Reliance Ind ...

Court : Gujarat

Decided on : May-10-2011

..... those who belong to the minority union which had objected to the same. to that extent it departs from the ordinary law of contract. the object obviously is to uphold the sanctity of settlements reached with the active assistance of the conciliation officer and to discourage an ..... those who belong to the minority union which had objected to the same. to that extent it departs from the ordinary law of contract. the object obviously is to uphold the sanctity of settlements reached with the active assistance of the conciliation officer and to discourage an ..... those who belong to the minority union which had objected to the same. to that extent, it departs from the ordinary law of contract. the object obviously is to uphold the sanctity of settlements reached with the active assistance of the conciliation officer and to discourage an ..... when dispute is referred to conciliation officer, parties can not claim absolute freedom of contract to arrive at settlement is not borne out by the statute of industrial disputes act, 1947. the industrial dispute act does not postulate any reference to conciliation officer of any industrial dispute. the conciliation ..... not signed settlement, then it hurts ego of petitioner association, which creates legal fight unnecessarily before this court. under provisions of industrial dispute act, 1947 when private settlement is permissible between parties and that private settlement is accepted by 98% employees while submitting declaration and signing undertaking .....

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May 04 2011 (HC)

Surat District Cooperative Bank Limited. and 1 Vs State of Gujarat and ...

Court : Gujarat

Decided on : May-04-2011

..... directors appointed on a whole-time basis or a managing director under section 10bb. the provisions of sections 10a and 10b override all other laws, contracts, etc. as per section 10d of the said act.it is true that the said provisions are not directly applicable to the co-operative banks, but we have noticed the power of the reserve ..... societies, co-operative societies,, primary agricultural credit societies, etc. dealing with the banking activities have been brought within the meaning of "banking companies". since then, the banking regulation act, 1949 is applicable and thereby the reserve bank of india has the power to give direction under section 35a in certain matters in the public interest, in the interest of ..... purpose of promoting economic interest of its members in accordance with the well recognized co-operative principles as embodied in the 1^st schedule to multi state co-operative societies act, 2002. the co-operative principles visualize co-operative institutions as democratic organization controlled by the members making elected representative responsible and accountable to the members. the power of ..... criteria stipulated by reserve bank. however, the existing elected directors holding their post as such directors on the date of the commencement of the gujarat co-operative societies (amendment) act, 2008, shall continue to hold their offices till the expiry of their current remaining term. "7. mr sn shelat, learned senior counsel appearing on behalf of surat district .....

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May 04 2011 (HC)

Maheshkumar Ramniklal Shah Vs Life Insurance Corporation Ltd.

Court : Gujarat

Decided on : May-04-2011

..... law. any order or communication which entails civil consequences resulting into depriving the person of a legal right or even ordinary right accrued under the provisions of the statute or contract and such order or communication is passed by the authority within meaning of article 12 of the constitution of india, non-disclosure of reasons in such order amounts negation of ..... besides the point and not an issue, the basic approach of the learned single judge while interpreting clause 16 is also against well settled principle of interpreting clauses of insurance contracts and the law in this regard laid down by the apex court. learned counsel would next contend that the learned single judge erred in holding that it was absolute ..... attached to the policy document conferred absolute discretion in favour of insurance company to revive or reinstate lapsed/dis-continued policies.(b) that subject matter of dispute was pertaining to contract/agreement and, therefore, the petitioner had an efficacious and alternative remedy of filing a suit for damages and(c) that the petitioner had not disclosed his income by producing ..... life insurance corporation act are applicable.8. so far as decisions of the apex court with regard to maintainability of the writ petition under article 226 of the constitution of india and exercise of powers by the court with regard to an dispute raised in a petition filed by the contracting private parties either challenging the terms of the contract or any conditions .....

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May 10 2011 (HC)

Medical Officer Vs Dashrathsinh Gajubha Zala

Court : Gujarat

Decided on : May-10-2011

..... but must necessarily comprehend all those days during which he was in the employment of the employer and for which he had been paid wages either under express or implied contract of service or by compulsion of statute, standing orders, etc. the learned counsel for the management would urge that only those days which are mentioned in the explanation ..... set for considering whether the respondent had offered compensation to the appellant before discontinuing his engagement/employment, which amounts to retrenchment within the meaning of section 2(oo) of the act. in his statement, the appellant categorically stated that before discontinuing his service, the respondent did not give him notice pay and retrenchment compensation. shri ram chander, who appeared ..... health center when there was additional work available. respondent workman was relieved from work as work was not available. therefore, respondent raised an industrial dispute under machinery of industrial disputes act, 1947 which was referred to for adjudication to labour court, surendranagar, registered as reference (lcs) no. 24 of 2004. statement of claim was filed by workman against ..... -15, since the workmen in the aforestated cases were daily wagers, their services stand terminated in terms of contract of employment, thus the ground that they are not covered by the definition of retrenchment as defined after 1984 amendment of industrial disputes act, 1947, cannot be accepted. in the case of u.p. state sugar corporation ltd. v. om .....

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May 10 2011 (HC)

M/S. L.K.Trust Vs Edc Ltd. and ors

Court : Gujarat

Decided on : May-10-2011

..... petition is filed against order permitting withdrawal of writ petition. right from the beginning, the case of the appellant is that there was a concluded contract between the appellant and the respondent no. 1 and, therefore, the respondent no. 1 could not have accepted proposal of the respondent no. 3 ..... and the right of the respondent no. 3 of redemption stood extinguished by its conduct as envisaged under section 60 of the transfer of property act, 1882. acting upon the said opinion board of directors of respondent no.1 passed a resolution dated november 24, 2006 deciding that the respondent no. 1 ..... respondent no. 3 was of the view that its right of redemption of the mortgaged property under section 60 of the transfer of property act (`t.p. act' for short) was not defeated by mere agreement to sell the property between the respondent no. 1 and the appellant nor by the ..... mortgaged with respondent no.1, were attached and possession thereof was taken over legally in an action under section 29 of the state financial corporation act, 1951, and, therefore, the right to redeem the mortgaged property available to the respondent no.3 was clearly lost. the learned counsel for the ..... producing the said resolution before the court on april 9, 2008 and (e) helping the respondent no. 3 to withdraw the writ petition, indicate acts which are pulpably and manifestly contrary to judgment of this court reflecting grossest abuse of the process of law and, therefore, petitions filed by the appellant .....

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Oct 11 2011 (HC)

Principal Chief Engineer Vs. Manibhai and Brothers (Sleeper) and Anoth ...

Court : Gujarat

Decided on : Oct-11-2011

..... .1 so as to justify the making an application before the council, under section 18(1) of the msmed act. 9. on the other hand, the stand of respondent no.1 is that no amount purporting to be towards liquidated damages under contract cs 156, could not have been recovered by the petitioner from the payment due to respondent no.1 under ..... petitioner has further submitted that there was no amount due as per section 17 of the msmed act, to respondent no.1. the petitioner was well within its rights in recovering liquidated damages arising from contract cs 156, from the bill of respondent no.1 under contract cs 160. it is strenuously urged that in these circumstances, respondent no.1 could not have ..... contract cs 160. as the petitioner did not pay the amount due to respondent no.1, with interest, as provided by section 17 of the msmed act, respondent no.1 has rightly made the application to the council under section 18(1) of the ..... made an application before the council under section 18 of the msmed act, as no amount was due to it. 5.3. adverting to .....

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Feb 03 2011 (HC)

Ayubkhan Hasamkhan Pathan. Vs. State of Gujarat.

Court : Gujarat

Decided on : Feb-03-2011

..... additional sessions judge, vadodara.3. counsel for the petitioner submitted that the petitioner is engaged in the work of labour contract. he had withdrawn the said amount of rs.3,65,250/- from the bank before the raid under the bombay gambling act. no useful purpose will be served in keeping such muddamal articles in custody. the trial may take long time ..... in retaining the cash seized from the petitioner. it is his case that the amount was withdrawn from the bank before the raid to use in his business of labour contract. without expressing any opinion on such contentions, i am of the opinion that subject to certain safeguards, the amount should be released by way of interim custody in favour of .....

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May 06 2011 (HC)

Rasiklal S Maradia and 1 Vs Icici Bank Limited and 1

Court : Gujarat

Decided on : May-06-2011

..... claim in the aforesaid proceedings initiated by the bank for recovery of the loan amount. therefore, even question with respect to the damages for breach of contract and/or claiming damages on the ground that the lesser loan amount was sanctioned which resulted into delay, the said question is now at large before ..... filed by the bank for recovery of loan amount and the suit is filed by the borrower before the civil court for damages for breach of contract etc., with respect to the same transaction, in that case if a joint trial is ordered that would avoid separate overlapping evidence being taken ..... submitted that even otherwise considering section 9 of the code of civil procedure r/w section 18 of the act, it cannot be said that suit filed by the borrower claiming damages for breach of contract is barred.5. shri k.m. patel, learned senior advocate appearing on behalf of the appellants-plaintiffs no ..... said that the borrower's suit and the bank's application were inextricably connected.re : question no. (ii) :12. section 17 of the debts recovery act deals with jurisdiction, powers and authority of the tribunals. sub-section (1) thereof provides that a tribunal shall exercise, on and from the appointed day, the ..... the suit filed by theappellants-plaintiffs no. 1 and 3 claiming damages for breach of contract etc., cannot be said to be and / or cannot be considered as counter claim as envisaged under section 19 of the act. it is submitted that as such the decision of the hon'ble suprme court .....

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Feb 03 2011 (HC)

JUNAGADH POWER PROJECT PVT.LTD-THRO' COMPANY SECRETARY AND ANR. Vs. ST ...

Court : Gujarat

Decided on : Feb-03-2011

1. heard mr a b gogia, learned advocate for the applicants and the learned app for the respondent-state.2. it is submitted that the dispute in question had arisen out of a contractual relationship and with regard to the alleged non-payment of salary. however, service of the complainant pursuant to the contract was terminated and no amount is outstanding and, therefore, the bank was instructed not to make payment.3. besides, the complainant has claimed salary for the notice period which would not fall within the jurisdiction of the court taking up the matters pertaining to negotiable instruments act and remedy lies elsewhere.4. considering the above, prima facie, it appears that the complainant has taken recourse of the negotiable instruments act for redressal of his grievances if any against his employer. considering the above,5. rule returnable on 07th march, 2011. ad-interim relief in terms of para 6 [c].

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