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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: kerala Year: 2011 Page 1 of about 96 results (0.032 seconds)

Dec 14 2011 (HC)

Board of Trustees of Port of CochIn Vs. Jaisu Shipping Company Private ...

Court : Kerala

Decided on : Dec-14-2011

..... to be in the nature of penalty. the law on the question of damages or compensation in such types of contracts is well settled. sections 73 to 75 in chapter vi of the indian contract act, 1872 deal with the consequences of breach of contract. whether it is compensation by way of unliquidated damages falling under section 73 or whether it is compensation by way ..... of liquidated damages falling under section 74 of the contract act or whether it is compensation consequent on anticipatory breach, the claimant ..... will only be entitled to reasonable compensation. in other words, unless actual loss or damage is proved to have resulted on account of the breach of contract or rescission of contract, as the case may be, no amount by way ..... and dredging corporation of india and the materials obtained by the ist respondent by resort to the right to information act would show that both the above contractors engaged by the appellant have not performed the work in accordance with the contracts awarded to them. thus, the appellant by its conduct, had also become disentitled to the discretionary orders of the .....

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Sep 27 2011 (HC)

Apl (India) Pvt. Ltd. Vs. Chairman, CochIn Port Trust and Others

Court : Kerala

Decided on : Sep-27-2011

..... destruction or deterioration of goods of which he has taken charge shall, subject to other provisions of this act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872, while sub-section (7) says that after any goods have been taken charge of and a receipt ..... clearly specified therein. 42. as mentioned herein before, the various services to be rendered by the board, are stipulated under section 42 of the mpt act. by virtue of sub-section (3), notwithstanding anything contained in the section, the board may, with the previous sanction of the central government, authorise ..... the goods from the containers pursuing further steps within the stipulated time as provided under section 61 and 62 of the major port trusts act (as enhanced to 75 days as per the relevant tamp orders) while continuing to collect the ground rent charges on the containers from ..... . it was issued as an interim administrative arrangement, also alerting the course to be pursued with reference to section 150(2) of the customs act. 12. sri venkiteshwaran, the learned senior counsel, who led the arguments on behalf of the shipping agents, explaining the various provisions in different ..... the date of clearance, ground rent charges are levied and collected from the importer/consignee and that the port is not legally obliged under any act, rule or regulation to effect an expeditious destuffing of containers immediately on their arrival at the port premises. due to compelling reasons, such as .....

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Jan 19 2011 (HC)

Hydro-tech,engineers and Contractors Vs. State of Kerala

Court : Kerala

Decided on : Jan-19-2011

Reported in : ILR2011(1)Ker817

..... in the arbitration and conciliationact, 1996 (central act 26 of 1996) or in any other law for the time being in force or in anyjudgment, ..... of1872) or in the arbitration act, 1940 (central act10 of 1940) or ..... the act shall be deemed to have come into force on14th november, 1997. section 3 of the awards act provides forcancellation of arbitration clauses and revocation of authorityof arbitrator. section 3 is extracted below for convenience. "3. cancellation of arbitration clauses andrevocation of authority of arbitrator :- (1) notwithstanding anything containedin the indian contract act, 1872 (central act 9 ..... the project director was requested to indicate the convenient dates. mutual discussion is contemplated under clause 24.1 of the conditions of contract act forming part of the agreement. however, no discussion took place. the applicant invoked the arbitration clause contained in clause 24.2 of the conditions of .....

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Sep 27 2011 (HC)

Shastha Enterprises and Another Vs. Olam International Ltd.

Court : Kerala

Decided on : Sep-27-2011

..... institution and therefore the words institutional arbitration used in the clause was vague and uncertain and/or incapable of being made certain and void under the contract act, 1872. there, the court referred to section 7 of the act, the decision of the apex court in smt. rukminibai gupta v. collector, jabalpur and others (1980 (4) scc 556) and the decision in dayananda reddy ..... not contain the seal of either the appellant or the respondent. it is contended that under the rules of centa and also the english arbitration act, and the act, the contracting parties were free to opt for the particular legal system and the particular country as venue. it is contended that there are several agreements between the parties with and without ..... in venture global. when the apex court has laid down that application under section 34 will lie even when it is excluded by contract between the parties, the exclusion of the similar provisions in the english act by the contract between the parties without exhausting an inhouse appellate remedy would certainly not apply to oust the courts jurisdiction in india. however, we do ..... . ltd. and another v. raymon and co. (india) pvt. ltd. (air 1963 sc 90), the apex court was dealing with a case under the arbitration act, 1940. the apex court held as follows: if a contract is illegal and void, an arbitration clause which is one of the terms thereof, must also perish along with it and a dispute relating to the .....

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Dec 09 2011 (HC)

Fertilisers and Chemicals Travoncore Limited Vs. K.A. Ayyappan Pillai, ...

Court : Kerala

Decided on : Dec-09-2011

..... to 4 also supported and supplemented the submissions, as aforesaid with reference to the materials on record. 9. the scope of engagementwith reference to the provisions under the contract labour (regulation and abolition) act, 1970 has been well explained by the constitution bench of the apex court in steel authority of india ltd. v. national union water front workers (2001 (7) ..... of the management. 2. respondents 1 to 6 were admittedly the workers of a society, functioning in the name and style as udyogamandal labour contract co-operative society, (a society registered under the kerala co-operative societies act/rules), engaged for the purpose of branding/stenciling gunny bags purchased by the petitioner company (which is a govt. of india enterprise) from ..... they existed before and after the amendment in 1986, have been discussed in detail. if there was a notification prohibiting the contract labour under section 10 of the act, whether the employees would get automatic regularization, was also a matter considered by the bench and it was held, among other points, that even in such a case, ..... was held that, in the absence of a notification under section 10 of the contract labour (regulation and abolition) act, 1970 prohibiting the employment of contract labour in the operation of cargo handing work, the workmen employed as contract labourers were not entitled to claim absorption and that the contract labourers were not direct employees of the appellant therein. in a still recent case .....

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Jan 27 2011 (HC)

Dr.Surbahmaniam Swamy Vs. State of Kerala

Court : Kerala

Decided on : Jan-27-2011

Reported in : ILR2011(1)Ker833

..... developing, since the government is increasingly assuming the rule of regulator and dispenser of social services and provider of a large number of benefits including jobs, contracts, licences, quotas, mineral rights etc. there is increasing expansion of the magnitude and range of governmental functions, as we move closer to the welfare state ..... and of each state extends to carrying on of any trade or business and also to acquire, hold and dispose of property and making of contracts for any purpose. if the state has the freedom or the authority to carry on any trade or business or acquire, hold or dispose of ..... property by entering into any contract for any purpose, to believe that the state is prohibited from carrying on any trade or business either with a religious organisation or denomination ..... every action taken by the government must be in public interest; the government cannot act arbitrarily and without reason and if it does, its action would be liable to be invalidated. if the government awards a contract or leases out or otherwise deals with its property or grants any other largess, it ..... always open to him under the law to act contrary to his self-interest or to oblige another in entering into a contract or dealing with his property. but the government is not free to act as it likes in granting largess such as awarding a contract or selling or leasing out its property. whatever .....

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Dec 09 2011 (HC)

The Aerens Gold Souk International Ltd. and Others Vs. M/S. Parthas Te ...

Court : Kerala

Decided on : Dec-09-2011

..... with the power of the court to refer parties to arbitration where there is an arbitration agreement. hudson in 'buildings and engineering contract' at page 1579 in criticism of sec.5 of the act wrote: "it would be seen that there has been a wide- spread movement by influential interest in the arbitration process against control by the courts, supported by many ..... executed between the parties contain arbitration clauses. it is relevant to note that under sec.16(1)(a) of the act, an arbitration clause which forms part of a contract shall itself be treated as an agreement independent of other terms of the contract. petitioners filed i.a. no.3287 of 2010 in the suit requesting for arbitration before they submitted their first ..... agreements with interest at the rate of 18% per annum alleging that first petitioner committed breach of the contracts. 3. petitioners filed i.a. no.3287 of 2010 in the suit under section 8 of the arbitration and conciliation act, 1996 (for short, "the act") claiming that anchor i and ii, agreements (marked as annexures-a and b, agreements in the civil revision ..... 3 of order ii of the code unites the various causes of actions arising from the independent contracts in one suit, it is not as if the power of court under sec.8 of the act to direct parties to arbitration with respect to those contracts which contain arbitration clause is taken away by such joinder of causes of action. i am inclined .....

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Oct 03 2011 (HC)

Sivasankara Pillai and Another Vs. Narayana Pillai and Others

Court : Kerala

Decided on : Oct-03-2011

..... doctrine of equity and principles of natural justice and not on privity of contract. the provision of section 92 of transfer of property act recognizes the same equity of re-imbursement as underlined in section 69 of the indian contract act that a person interested in payment of money, which another is bound by ..... under subrogation, the legal concept means substitution applied on the english law principle even earlier, inserted now as section 92 of the transfer of property act, the rights that are created in favour of a co-mortgagor as a result of discharge of debt are, so far as regards redemption, ..... could not have redeemed the mortgage by deposit of his proportional share of the mortgage money in view of section 60 of transfer of property act. defendant was admittedly the eldest member of the family and thus the karanavan. ext.a1 establishes that fact. it is therefore clear that the ..... became irredeemable and thus plaintiffs lost the right to redeem the mortgage over their proportionate share, as provided under section 27 of the limitation act and therefore held that item no.1 of the plaint schedule properties are not available for partition. learned additional district judge on re-appreciation of ..... law to pay, and who therefore pays it is entitled to be reimbursed by the other. such a payment carries with it at times an equitable charge under section 92 of the transfer of transfer act, .....

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Jun 29 2011 (HC)

T. Appu Vs. the Dvl.Mgr.National Insurance Co.Ltd.

Court : Kerala

Decided on : Jun-29-2011

..... a decree is passed accordingly. 32. we have considered the substantial questions law raised by the appellant/plaintiff in the second appeal touching upon section 56 of indian contract act. we are unable to agree with the contentions raised by the appellant in this regard, since, in our view, in the facts and circumstances of the case ..... questions of law have been raised in the second appeal: "1. whether the courts below were right in finding that section 56 of the contract act had no application to the facts of the case? 2. whether the interpretation placed by he courts below of the terms of the ..... break of fire was in contemplation of the parties and hence there is no frustration of contract?" 10. in the other suit filed by the appellant/plaintiff for realization of money, the insurance company, while admitting issuance of a fire insurance policy for ..... before the munsiff court contending inter alia that he was not at all liable to pay the balance bid amount, since he was frustrated from completing the contract due to reasons beyond his control. the suit was resisted by the forest and revenue recovery authorities contending that the plaintiff was liable to pay the balance ..... contract between the parties contained in exhibit a1 are sustainable in law? 3. whether the courts below were right in finding that the out .....

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Apr 07 2011 (HC)

V.K. Thankappan and Another Vs. Uthiliyoda Muthukoya

Court : Kerala

Decided on : Apr-07-2011

..... hands. it may be in the form of money, negotiable instrument or any form of security or it may be goods. section 171 of the indian contract act statutorily recognises the banker's lien. to apply the banker's lien, it is not necessary that the debt in respect of which and for the ..... is a valuable right to the banker judiciously recognized and in the absence of agreement to contrary by virtue of statutory provision under section 171 of the contract act the banker has a general lien over such securities and amounts in its possession. he has the right to use the proceeds towards adjustment of the ..... counsel submitted that the right of general lien of the banker is statutorily recognised in section 171 of the contract act and money is a species of goods over which lien may be exercised. dismissal of the suit filed by the bank on the ground of limitation is ..... over securities and that it could be exercised even for realising a barred debt. he referred to section 171 of the indian contract act, which states that bankers may in the absence of a contract to the contrary, retain, as a security for a general balance of account, any goods bailed to them. the learned ..... banker's lien contemplated under section 171 has an overriding effect on general provisions of section 174 of the contract act. in air 1996 allahabad 165, it was held as follows: "16. section 171 of the act refers to the lien of banker's etc. the right of security for general balance on account of .....

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