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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: karnataka dharwad Year: 2011 Page 1 of about 12 results (0.017 seconds)

Sep 07 2011 (HC)

M/S. V.S. Lad and Sons and Others Vs. Sociedade De Fomento Industrial ...

Court : Karnataka Dharwad

Decided on : Sep-07-2011

Reported in : 2012(3)KCCR1986

..... determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the indian contract act, 1872 (9 of 1872). (5) no compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint: provided, that where the ..... plaint permitting the plaintiff to incorporate the alternative relief for a decree for payment of compensation in the suit filed for specific performance of the contract warrants interference by this court in exercise of the power under article 227 of the constitution of india?" 12. at the outset, it ..... up in this connection. he invites the attention of the court to articles 54 and 55 of the limitation act to contend that as per plaintiffs own showing the contract was broken during november 2005 and therefore if at all a fresh suit were to brought by the plaintiff, ..... the period of limitation of three years prescribed for filing the suit seeking compensation for breach of the contract. he draws the attention of the court to section 3 of the limitation act, 1963 to contend that any suit instituted after the period of limitation is liable to be dismissed ..... prayer. the relevant provisions contained in section 21 of the specific relief act, 1963, can be usefully referred in this connection. "21. power to award compensation in certain cases.- (1) in a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach, either in .....

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Feb 28 2011 (HC)

The Divisional Manager Vs. Prakash and Another

Court : Karnataka Dharwad

Decided on : Feb-28-2011

..... to be used for he carriage of passengers for hire or reward and includes a maxicab, a motorcab, contract carriage and stage carriage. a contract carriage is defined in sub-section 7 of section 2 of the act, which means a motor vehicle which carries a passenger or passengers for hire or reward and is ..... for the appellant that the insurance company is not liable to indemnify the insured in terms of the defence it can take under section 149 of the act, is an untenable, illogical and frivolous argument. 9. it is rather surprising, nay, shocking that the insurance company which faces such litigation day in and ..... examine this argument, one has to necessarily look into the definition of transport vehicle, as is found in sub-section 47 of section 2 of the act reading that it means a public service vehicle and a goods carriage, an educational institution bus or a private service vehicle. a public service vehicle is ..... to drive an autorikshaw/motorcab and he vehicle of this description can be fitted into clause-g of sub-section 2 of section 10 of the act, which provides that an endorsement in respect of the motor vehicle of specified description should be mentioned in the licence; that the drivers licence ..... engaged under a contract, whether expressed or implied for the use of such vehicle as a vehicle for the carriage of number of passengers .....

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Mar 15 2011 (HC)

V.G. Gokhale Vs. the Chief Engineer/Const./East, South Western Railway ...

Court : Karnataka Dharwad

Decided on : Mar-15-2011

Reported in : 2012(3)KCCR77(SN)

..... at annexure-v to the petition, pointing out that the demand for appointment of arbitrator was also not justified in terms of the contract and therefore did not choose to act on the request of the contractor. 4. a further reminder by the contractor as per his communication dated 22.09.2010, copy ..... the decision of general manager, as sec. 11 proceedings are neither in the nature of such appeal nor can this court substitute the terms of the contract between the parties by incorporating a particular clause in the agreement between the parties. 14. the arguments of mr. budihal, learned counsel that as ..... is within the scope of excepted matters that is not accepted from the scope of arbitration is left to the discretion of one of the contracting parties namely general manager of the railways and when once such an accepted nominated authority namely general manager has opined that the subject matter is ..... appearing on behalf of the petitioner submission of mr. budihal, learned counsel, is that the general manager of the railways, a party to the contract by himself could not have decided as to whether the matter should go to the arbitration tribunal or not and also as to whether it is a ..... -r to the petition and also called upon the respondents to appoint an arbitration tribunal in terms of clause 64 of the general conditions of the contract, to adjudicate the claims of the contractor raised in his communication dated 22.09.2009. 3. the respondent-railways replied as per communication dated 16 .....

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Mar 07 2011 (HC)

Dada and Others Vs. Basavaraj Revanasiddappa Hipparagi and Others

Court : Karnataka Dharwad

Decided on : Mar-07-2011

Reported in : 2012(3)KCCR2135

..... for the unsuccessful defendant who has suffered a decree would have been to avail one revision petition in terms of section 18 of the court of small causes act. on the other hand, availability of one regular appeal and a regular second appeal being an advantage to the defendant, the ground urged in this appeal is ..... u/s 106 and it is only in the situations under which the lease in the absence of written contract or local usage has to be determined and comes to an end which are indicated u/s 111 of the tp act. therefore, the first contention does not merit acceptance. 6. the second contention relating to framing or ..... 2. submission of sri.ravi s. balikai, learned counsel for the appellants is that firstly the quit notice issued u/s 106 of the transfer of property act is not tenable, that the notice in the instant case should have been one u/s 111 particularly as it was the admitted case of the plaintiffs that ..... jurisdiction as the learned judge was exercising jurisdiction as a court of civil judge, (junior division) functioning under the provisions of the karnataka civil courts act, 1964 whereas the suit should have been instituted before the court of small causes under the provisions of the karnataka small causes courts ..... act, 1964, as the subject matter of the suit namely the annual rent for the premises being a meager sum of rs.240/- and that as .....

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Mar 23 2011 (HC)

Sonutai @ Sonabai Vs. the Secretary, Government of India, New Delhi an ...

Court : Karnataka Dharwad

Decided on : Mar-23-2011

Reported in : 2012(3)KCCR1872

..... claimed this lady had married the person after coming to know that the plaintiff herself had contracted marriage with some third person. these are all in the realm of 'ifs' and 'buts'. the application filed by the fifth defendant was to ..... dated 23-9-1995 being a bona fide proceeding, article 14 of the limitation act, as has been submitted by the learned counsel for the appellant-plaintiff, has application and therefore the plaintiff will be entitled for arrears of ..... the factum that the plaintiff was before a wrong forum does not necessarily save limitation, unless it is so enabled by the provisions of limitation act. institution of pandsc proceedings by the plaintiff for getting a legal heir certificate, particularly in the wake of the communication from the third defendant ..... pension to the widows of former soldiers or defence personnel is not disputed, but conceded, but discontinued on the basis of a complaint alleging certain acts to the plaintiff as complained by the fifth defendant, who is virtually in the position of a second wife to the soldier, though it is ..... to her. 8. with these developments, plaintiff was advised to go before civil court by filing a petition under section 372 of the indian succession act, 1925 in pandsc no.2 of 20o6 for getting a suitable succession certificate. 9. however, plaintiff having realized that said proceedings were not productive for .....

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Jun 21 2011 (HC)

Spic Southern Petrochemicals Industries Corporation Ltd. Vs. M/S A.K. ...

Court : Karnataka Dharwad

Decided on : Jun-21-2011

..... sufficient cause for delay in filing the complaint. 22. the rigour under section 3 of the limitation act bars the legal remedy, the enforceability of the right accrued whether under a contract or under any other situation. whereas the proviso in negotiable instrument act guarantees the legally recoverable debt. by the incorporation of the proviso, the legislative intent is further clarified ..... after the period of limitation; (ii) if the complainant satisfies the court that there is sufficient cause in making complaint within the said period. 21. section 3 of the limitation act reads as under: bar of limitation (1) subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the ..... ) observed that no principle of interpretation of statues is more firmly settled than the rule that the court must deduce the intention of parliament from the words used in the act. applying such a rule, this court observed in s.narayanassamy vs. g. pannerselvam(4) that where the statues meaning is clear and explicit, words cannot be interpolated. what ..... safeguard and is required to be made for avoiding harassment to the hones drawers. 11. proviso to section 142 is added under amendment brought in to the negotiable instrument (amendment) act,2002. section 142 after amendment reads as follows: 142. cognizance of offences. notwithstanding anything contained in the code of criminal procedure,1973 (2 of 1974), - (a) no court .....

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Apr 06 2011 (HC)

Mahadevappa and Others Vs. Chikkappa Shivappa Kali and Others

Court : Karnataka Dharwad

Decided on : Apr-06-2011

Reported in : 2012(3)KCCR1897

..... even about the existence or otherwise of the agreement dated 7.6.1975 and consequently had refused to grant the decree for specific performance of the contract notwithstanding answering issues 1 and 2 in favour of the plaintiff and being of the view that the additional issue was required to be answered in ..... and the decree passed in o.s.no.28/1980 on the file of the munsiff and jmfc., laxmeshwara, decreeing the suit filed for specific performation of contract or for refund of earnest money.) 1. this second appeal by the plaintiff in os no.28 of 1980 a suit for specific performance of agreement ..... by the agreement of sale? iv) whether the plaintiff further proves that he is ready and willing to perform part of his contract and defendant no.1 is avoiding his part of contract? v) whether defendant no.1 prove that the agreement of sale is fraudulent and that he has executed a receipt for ..... claiming that they were the tenants earlier, in fact estopps the plaintiffs from claiming any relief particularly within the scope of section 20 of the specific relief act. 19. in fact, one of the reasons given by the learned judge in the trial court is that it is not a fit case for ..... plaintiffs readiness and willingness to perform his part of the contract on the premise that the first defendant was avoiding to perform his part of the contract. however, issue no.5 as to whether first defendant proves the agreement was a result of fraudulent act on the part of the plaintiff against the first defendant .....

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Mar 01 2011 (HC)

Smt. Mariyambi Ghorikhan Pathan Vs. Gangadhar M. Gosavi and Another

Court : Karnataka Dharwad

Decided on : Mar-01-2011

..... insurance company is quite proper. however, mr.kayakamath, with regard to the cross-objection filed by the insurance company submits that when the insurance company had repudiated the contract, there was no privity between the insured and the insurer and therefore the tribunal is in error in making the award enforceable against the insurer and insured jointly and ..... liability on the insurer as can be seen from the provisions of the act and not merely to meet such liabilities which are contractual. when taking out a policy to cover the minimum risk which the owner has to meet in the event ..... stepped in, sought permission of the tribunal to defend the proceeding in place of the insured by filing an application u/s 170 of the motor vehicles act, (for short the act) which came to be ordered and filed not only its objection statement but also lead evidence to demonstrate that due to the reason of the cheque issued ..... in a legally valid manner. 12. taking out a policy to cover the risk of the owner has been made compulsory under the provisions of the act and therefore has come into existence as a class of policy known as statute policy. a statute policy goes much beyond a contractual policy and imposes the ..... (prayer: this appeal is field u/s. 173(1) of mv act against the judgment and award dated 07.02.2004 passed in mvc.no.54/2001 on the file of the member, amact, sirsi, partly allowing the claim .....

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Mar 09 2011 (HC)

The Sr. Divisional Manager Vs. Dodda Durgappa and Others

Court : Karnataka Dharwad

Decided on : Mar-09-2011

Reported in : 2012(2)KCCR1328

..... reasonable to infer that other claims which the insured faces in law, whether as is provided under the motor vehicles act, 1988 or even otherwise, are all risks which are required to be covered if not by statute, but by contract and therefore there is absolutely no merit in the contention urged by the learned counsel for the appellant and in fact ..... in the very policy are as under: limits of liability: under section-ii-i(i) death of or bodily injury in respect of any one accident: as per motor vehicles act 1988. under section-ii-i(i) damage to third party property in respect of one claim or series of claims arising out of one event: rs.750,000. 8. while ..... hand, sri t hanamareddy, learned counsel for the respondents, who has entered caveat on behalf of the respondents, points out that it is not as though the policy was mere act policy but that it was a comprehensive policy and the insurer had collected premium of rs.3,106/- in all, which included the third party claim premium rs.1,530 ..... (prayer: this misc first appeal is filed under section 173 (1) of m.v.act, 1988, against the judgment and award dated 02.03.2010 passed in mvc no.123/2009. on the file of the prl. district and sessions judge cum member, mact, bellary, .....

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Mar 09 2011 (HC)

The Divisional Manager, New India Assurance Co. Ltd., Bellary, Now Rep ...

Court : Karnataka Dharwad

Decided on : Mar-09-2011

Reported in : 2012ILR(Kar)2329

..... is liable to make good the compensation awarded in favour of the claimant by reimbursing the owner in terms of not only the contract of policy but also in the light of the provisions of section 147 of the act. in a situation of this nature, when the contemporaneous records does throw light on the event namely the accident on 10.07 ..... . such are the submissions made by sri.laxman b. mannoddar, learned counsel appearing for the insurance company in this appeal under section 173(1) of the motor vehicle act (for short the act), while the accident occurred on 10.07.2005, the complaint itself came to be lodged after about 65 days after the incident are all pointed out to be factors ..... (prayer: this appeal is filed u/s.173 (1) of the m.v. act, against the judgment and award dated 16.11.2010 passed in mvc no.466/2007 on the file of the member, mact-iii, bellary, awarding the compensation of rs.6, .....

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