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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: karnataka Year: 2011 Page 1 of about 173 results (0.019 seconds)

May 30 2011 (HC)

Mr. G.A.Mansoor Alam Khan, Son of G.Abdul Gafoor Khan. Vs. State Bank ...

Court : Karnataka

Decided on : May-30-2011

..... the supreme court in the state bank of saurashtra's case (supra) was rendered on the strength of the protection afforded to a surety under section 141 of the indian contract act, 1872. we have held hereinabove, that the aforesaid provision is inapplicable to the controversy in hand. keeping in mind the factual position canvassed before us. we are satisfied, that the judgment ..... advanced at the hands of the learned counsel for the petitioner, based on the provisions of the indian contract act. 1872, cannot be of any assistance to the petitioner. 6. insofar as the reliance on the judgment rendered by the supreme court in state bank of saurashtras case (supra) is concerned ..... which exisid against the principal debtor, other than the guarantee executed by the petitioner. it is only on such omission, that under the mandate of section 141 of the indian contract act, 1872, the surety's rights can stand protected. no such foundational facts have been brought to our notice. in the aforesaid view of the matter, we are satisfied, that the contention ..... hands of the learned counsel for the petitioner, it is not possible for us to accept the proposition canvassed at his hands. a perusal of section 139 of the indian contract act, 1872 relied upon by the petitioner reveals, that omission at the hands of the creditor will discharge the liability of a surety. the aforesaid omission has been defined as, an omission .....

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Sep 02 2011 (HC)

Srinath Hegde, Bangalore and Others Vs. Bangalore Development Authorit ...

Court : Karnataka

Decided on : Sep-02-2011

..... petitioners claim right, title and interest to the subject land being voided in terms of section 23 of the indian contract act, 1872; that recognizing or encouraging such purchasers even while subject lands are already notified for acquisition under the bda act, is not only to encourage such speculators but transaction being opposed to public policy, no credence should be given to ..... by the writ petitioners, but the writ petitions should be dismissed. 38. it is urged by the learned aga that in terms of provisions of section 23 of the contract act, transaction being opposed to public policy or voided and therefore petitioners do not acquire any title in respect of subject land and such persons should not be heard in ..... notifications issued thereunder; that they being in the position of speculators, who have acquired right, title and interest, notwithstanding issue of notifications under the provisions of the bda act for acquisition of lands, cannot claim any right, title or interest better than the erstwhile owners and if the erstwhile owners themselves have not questioned the notifications or actions ..... quoting the government circular is no assurance to this court. it is precisely because the officials have violated the statutory provisions, rules and regulations by embarking upon overnight demolition acts without proper notice and opportunity to the petitioners, the commissioner of bda and the secretary to government were directed to appear before the court to make them realize the .....

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Aug 05 2011 (HC)

V. Govindappa Since Deceased by L.Rs. and Others Vs. Karnataka State F ...

Court : Karnataka

Decided on : Aug-05-2011

..... as to their liability to the corporation at that particular time. 16. sections 126, 128, 129 and 130 of the contract act, 1872, being relevant, read as follows: 126. contract of guarantee, surety, principal debtor and creditor,- a contract of guarantee is a contract to perform the promise, or discharge the liability, of a third person in case of his default. the person who ..... 1996 showing the outstanding amount in the loan account of the industrial concern to be realized from the guarantors to the loan transaction. guarantors liability depends upon the terms of contract. ex.p-15 being a continuing guarantee, the principal amount being due and payable, the guarantors also remained liable. the guarantors did not repudiate their liability towards the ..... be either oral or written. 128. suretys liability.- the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract. 129. continuing guarantee.- a guarantee which extends to a series of transactions is called a continuing guarantee. 130. revocation of continuing guarantee.- a continuing guarantee may at any ..... in the petition filed before the learned district judge at kolar. 3. material facts of the case are: the petitioner is a financial corporation established under section 3 of the act. the 1st respondent is a private limited company, respondents 2 to 7 are its directors. the 1st respondent through its direction, respondents 2 and 3/appellants, came forward .....

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Apr 07 2011 (HC)

Karnataka Agro Industries Corporation Voluntarily Retired Employees We ...

Court : Karnataka

Decided on : Apr-07-2011

..... in a.i.r. 2006 sc 1420, the apex court has held that, as the matter relating to voluntary retirement is not governed by any statute, the provisions of indian contract act, 1872, therefore, would be applicable to. it is worth while to extract the law laid down by the apex court in para 11 of the said judgment, which reads thus: 11 ..... , as the matter relating to voluntary retirement is not governed by any statute, the provisions of indian contract act, 1872, therefore, would be applicable to. further, the apex court has held that, the subsequent revision of pay scale with retrospective ..... the constitution of india, the terms and conditions of service would be governed by the contract of employment. thus, unless the terms and conditions of such a contract are governed by a statute or statutory rules, the provisions of contract act would be applicable both at the formulation of the contract as also the determination thereof. by reason of such a scheme only an invitation ..... of offer is floated. when pursuant to or in furtherance of such a voluntary retirement scheme an employee opts therefor, he makes an offer which upon acceptance by the employer gives rise to a contract. thus .....

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Apr 21 2011 (HC)

The Section Officer, Hescom Ltd., and Others Vs. Smt. Parawwa and Othe ...

Court : Karnataka

Decided on : Apr-21-2011

..... 2) an agreement for the payment of compensation which has been registered under sub-section (1) shall be enforceable under this act notwithstanding anything contained in the indian contract act, 1872 (9 of 1872), or in any other law for the time being in force. 29. effect of failure to register agreement. where a ..... and others air 1968 sc 271 and was held as under: there can be no question in this case that the minimum wages act cuts across the contract between the employer and the employee and wherever applicable the employer is obliged to pay the minimum wages or take consequences of failure to ..... pay it. any employee who feels himself aggrieved by the refusal of the employer to pay the minimum wages fixed under the act has ..... place.death of sri.hanumanth sontannavar10.06.2004notice issued to the commissioner for workmen compensation by hescom under section 8(i) of workmen compensation act including a demand draft for rs. 3,38,880/-17.06.2004notice issued by commissioner for workmen compensation to the wife of deceased ..... the claimant had received the amount deposited by employer in discharge of it statutory obligation. the claimant should not debarred from the compensation under m.v. act. 5. jasuben wd/o devchandbhai parmar vs. gujarat electricity board (supra) (a) exclusion of jurisdiction of civil court will be there only if .....

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Jan 21 2011 (HC)

M/S. Engineering Projects (India) Ltd. Vs. M/S. B.K. Constructions (Bk ...

Court : Karnataka

Decided on : Jan-21-2011

..... price on the date of default but also a further sum of 10s. per ton. reference in this connection is made to ss.73 and 74 of the indian contract act, 1872 (ix of 1872), and it is said that the extra amount of 10s. per ton included in the sum of liquidated damages is against the provision of these sections and therefore the ..... the date of the default, this was per se unreasonable and was therefore bad according to the law of india as laid down in ss.73 and 74 of the contract act. 20. again the apex court in the case of fateh chand v. balkishan dass reported in air 1963 sc 1405 (v. 50 c 204) has held as under: (8) the ..... understanding, it would be totally unjustified to arrive at the conclusion that the party who has committed breach of the contract is not liable to pay compensation. it would be against the specific provisions of sections 73 and 74 of the indian contract act. there was nothing on record that compensation contemplated by the parties was in any way unreasonable. it has been ..... bkc in not completing the work in time has been proved. under s.73 of the contract act, therefore, the epi would have been entitled to damages for the breach of contract and such damages would have been the differences in the contract price and the amount with the epi had to spend in getting the work completed. but the epi has not adduced .....

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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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Mar 24 2011 (HC)

Sai Securities Vs. Karnataka State Commission for Scheduled Caste and ...

Court : Karnataka

Decided on : Mar-24-2011

Reported in : 2011(3)KantLJ536; 2011(3)KCCR2029; 2011ILR(Kar)2655

..... at vani vilas hospital, bangalore. petitioner submitted tender for providing services of janitors and security personnel. they were the successful bidders for providing service of janitors only. the contract was awarded to the petitioner for providing service of janitors and work order in the regard was issued on 07.01.2010. 3. it is alleged by the petitioner ..... tribes regarding deprivation of their rights, privileges and protection, it has to be held that the provisions of the act do not clothe the commission with right to issue an interim direction restraining execution or performance of the contract duly entered into by the government or its instrumentality with private parties like petitioner pursuant to the tender notification issued. ..... purview of the provisions of the karnataka state commission for scheduled castes and scheduled tribes act, 2002 (for short, the act). it is also brought to the notice of the commission by the petitioner that the legality and correctness of the award of contract pursuant to the tender notification in favour of the petitioner is the subject matter of ..... the tender notification issued after following the provisions of the karnataka transparency in public procurements act, 1999. any person aggrieved by such contract awarded pursuant to the tender notification is conferred a right of appeal under section 16 of the karnataka transparency in public procurements act, 1999. judicial review of the action of the authorities including that of the appellate .....

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Mar 24 2011 (HC)

M/S. L and T Komatsu Ltd., Bangalore, Rep. by Its Assistant General Ma ...

Court : Karnataka

Decided on : Mar-24-2011

..... to decide in the case i.e., whether even in a case where employer is required to run and maintain a canteen in terms of the provisions of the factories act, the contract labour working in the statutory canteen would automatically be held to be the workers of the principal employers for all intent and purpose. 68. in order to decide what ..... be entitled to the more favourable benefits in respect of that matter, notwithstanding that they receive benefits in respect of other matters under this act. (2) nothing contained in this act shall be construed as precluding any such contract labour from entering into an agreement with the principal employer or the contractor, as the case may be, for granting them rights or privileges ..... 2001, bangalore dated 1st august, 2001 in exercise of powers conferred by sub-section (1) of section 10 of the contract labour (regulation and abolition) act, 1970 (central act 37 of 1970) read with section 21 of the general clauses act, 1987 (central act 10 of 1987) the government of karnataka hereby rescinds the notification no. kae 6 lwa 97, dated 11-4-1997 with ..... the learned single judge who set aside the notification dated 1.8.2001 by which the notification issued under section 10(1) of the contract labour (regulation and abolition) act, 1970 (for short hereinafter referred to as the act) came to be rescinded and also the declaration granted by the learned single judge that statutory canteens employees are to be regularized by the .....

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Dec 01 2011 (HC)

The Commissioner Mysore City Corporation Represented by Its Commission ...

Court : Karnataka

Decided on : Dec-01-2011

..... the industrial tribunal is over the jurisdiction of the petitioner corporation in not treating s permanent employees the said respondents. therefore the respondent workman can claim no benefit under the contract labour act. 9. in the admitted facts noticed supra, the question required to be answered by the industrial adjudicator was: whether respondents 4 to 26 as represented by respondent no.3 ..... to 26 w.e.f. 2.11.2006, in view of the government order dated 2.11.2006 issued under section 10 of the contract labour (regulation and abolition act, 1970 ex.w-4. (for short the contract labour act). 7. having heard the learned counsel for the parties, perused the pleadings and examined the award impugned, it is indisputable that the petitioner corporation ..... .8.2004 to 30.6.2005 to the petitioner water works division was not examined. even otherwise the contract labourers were engaged prior to 2.11.2006 the date of order abolishing contract labour and hence the workman cannot claim benefits under the contract labour act. 8. yet again there is no dispute that m.w.1 junior engineer of the water works department ..... suffered an order of the state government under section 10 of the contract labour act in respect of its water works department w.e.f. 2.11.2006 and therefore, in law, could not have engaged contract labour for work in the said division. it is also not in dispute that venkatesh the .....

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