Court : Kerala
Decided on : Nov-19-2011
..... the dispute between them shall be tried in one of such courts is not contrary to public policy. such an agreement does not contravene section 28 of the contract act. in paragraph 31, the court quotes from halsburys laws of england as follows: 31. in halsburys laws of england, (4th edn.), reissue ..... also, inter alia, held as follows: 24. upholding the contention and considering the provisions of the code as also of the contract act, this court stated: (scc p.288, para 4): by clause 13 of the agreement it was expressly stipulated between the parties that the ..... jurisdiction of a foreign court; indeed in such cases the english courts do permit invoking their jurisdiction. thus, it is clear that the parties to a contract may agree to have their disputes resolved by a foreign court termed as a neutral court or court of choice creating exclusive or non-exclusive ..... matter, they are called courts of available or natural jurisdiction. the growing global commercial activities gave rise to the practice of the parties to a contract agreeing before hand to approach for resolution of their disputes thereunder, to either any of the available courts of natural jurisdiction and thereby create an ..... other than the court where the property is situate can entertain such suit. hence, even if there is an agreement between the parties to the contract, it has no effect and cannot be enforced. 35. in setrucherlu ramabhadraraju v. maharaja of jeypore a suit was instituted in the subordinate court for .....Tag this Judgment!
Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on : Jun-22-2011
..... is the real owner of the vehicle vide the sale of goods act and indian contract act. the cp act does not annihilate his rights under the civil law vide sec. 3 of the cp act. it is also pointed out that the motor vehicle act does not prohibit sale by virtue of the provisions of the sale ..... ) 1 scc 221] that the insured will not be entitled to compensation from the insurer for damage to the transferred vehicle in the absence of specific contract with the insurer covering the risk for the damage to the vehicle. 7. the counsel for the respondent/complainant has stressed the fact that the opposite ..... no. 17 of india motor tariff. the tariff advisory committee is a statutory body and its regulations are binding and statutory in nature. the privity of contract is only between m/s friends global travels, new delhi and bajaj alliance insurance company. the complainant has no insurable interest over the vehicle. it is ..... damages through its surveyor. but the opposite party repudiated the claim by letter dated 31-05-2007 for the reason that there is no privity of contract between the complainant and the opposite party. the fact of the transfer of the vehicle has been intimated by the prior owner at the time of ..... of goods act and deny title to the person who has purchased the goods .....Tag this Judgment!
Court : Kerala
Decided on : Sep-19-2011
Reported in : 2011(4)KLJ193; 2011(4)KHC383
..... not performed. learned munsiff also found that though appellant is entitled to forfeit the advance amount, it could only be subject to the provisions of section 74 of the indian contract act and appellant did not establish that he sustained any loss and therefore the respondents are entitled to realize rs.40,000/- paid as advance. a decree was granted permitting the .....Tag this Judgment!
Court : Kerala
Decided on : Jul-18-2011
Reported in : 2011(3)KLT85(SN)(C.No.85); 2011(3)KHC316
..... the loss and consequences for bonafide acts done by the agent in the course of purchase or sale made by ..... affected by him on behalf of his principal; or (iv) to have acted for a fictitious or non-existent principal." we do not think the above statutory provision is in conflict with contract of agency covered by the indian contract act. the fundamental condition of agency arrangement is that the principal will take ..... and the declaration is to the effect that the selling dealer is not the last purchaser liable to pay tax. under the scheme of the act and rules, unless the purchaser who issued form 25 resells the goods to another dealer in kerala and obtain form 25 issued by such dealer ..... rate. cocobeans is admittedly an item taxable at the point of last purchase in the state as provided in the first schedule to the kgst act. even though petitioner claimed that the purchase is made through agents to whom commission only was paid, the assessing officer noticed that the petitioner' ..... for the petitioner submitted that the test of sale provided under explanation 5 to section 2(xxi) of the kgst act is not satisfied. explanation 5 to section 2(xxi) of the act sets out the circumstances under which transaction between agent and principal is treated as sale. the said explanation reads as .....Tag this Judgment!
Court : Kerala
Decided on : Sep-23-2011
Reported in : 2011(4)ILR(Ker)196; 2011(4)KLT134(FB); 2011(4)KLJ93; 2011(4)KHC40; 2012AIR(Ker)27
..... proceedings. it seems to be a misnomer. in fact it is the initial action which is brought before forum as prescribed under the act, raising grievance against the action or measures taken by one of the parties to the contract. it is the stage of initial proceedings like filing a suit in civil court. as a matter of fact proceedings under section ..... act, 1993 or any other law for the time being in force. (emphasis supplied). any law for the time being in force ..... , the prevention of unreasonable eviction of tenants from buildings and for the control of rents. sub-section (1) of section 11 of the rent control act provides that notwithstanding anything to the contrary contained in any other law or contract a tenant shall not be evicted, whether in execution of a decree or otherwise, except in accordance with the provisions of this ..... . it is also apposite to refer to section 37 of the securitisation act. section 37 states that the provisions of the act or the rules made thereunder shall be in addition to, and not in derogation of, the companies act, 1956, the securities contracts (regulation) act, 1956, the securities and exchange board of india act 1992, the recovery of debts due to banks and financial institutions .....Tag this Judgment!
Court : Kerala
Decided on : Aug-03-2011
Reported in : 2012(3)KLJ228
..... advance sale consideration given to the petitioners and other defendants in the suit. in the plaint, first respondent alleged that he was constrained to rescind the contract on account of lack of marketable title for the property agreed to be conveyed and since the original owners of the property were non existent. petitioners ..... the stand that he was made to believe that it is made suitable for construction of a hotel and that it is only later invoking the rti act that he learned that it is a cardamom estate. question nos.14 and 15 in my view are not relevant for a decision. 14. the ..... first respondent, he was made to believe that the property agreed to be sold is suitable for construction of a hotel and later, invoking provision of rti act he learned that it is cardamom plantation. in the replication, in answer to the counter claim, he contended that the property which is the subject matter ..... to him, as per the information given to him was suitable for construction of a hotel but, he learned from the information collected under the rti act that it is a cardamom estate. it is contended that according to the first respondent he could not have entered into an agreement for purchase of ..... suitable for construction of a hotel but, later as against the information that was given to him he learned under the right to information act (for short, "the rti act") that the properties proposed to be sold are cardamom estate or agricultural land. it was also pointed out by him in paragraph 13 of .....Tag this Judgment!
Court : Kerala
Decided on : Jun-29-2011
..... of the treaty is satisfied. but, the question still arises is whether for an offence similar to one under s.138 of the act the punishment that is provided in the contracting state (united states) is for a period of more than one year. 3. though learned counsel has placed reliance on the decisions ..... to such to such authority for transmission as the central government by notification may specify in that behalf. s.105a(a) of the code defines contracting state as meaning any country or place outside india in respect of which arrangements have been made by the central government with the government of such ..... or place outside india in respect of which arrangements have been made by the central government with the government of such country or place (called the contracting state) for service or execution of summons or warrant in relation to criminal matters. in such situation the court in india shall sent summons or ..... clause (1) of that article says that an offence shall be an extraditable offence if it is punishable under the laws in both contracting states by deprivation of liberty, including imprisonment, for a period of more than one years or by a more severe penalty. as per s.138 of ..... were taken on file as c.c.nos.125 of 2004 and 126 of 2004 for offence punishable under s.138 of the negotiable instruments act (for short, the act). since all steps taken to procure presence of accused failed, learned chief judicial magistrate resorted to the procedure under ss.82 and 83 of .....Tag this Judgment!
Court : Kerala
Decided on : Jun-08-2011
Reported in : 2011(3)KLT857; 2011(3)KHC144
..... , tenants are not treated as statutory tenants. as has been noticed already, under the delhi act, tenant does not include "any person against whom order or decree for eviction has been made". it is contended by the learned counsel that the definition clause of 'tenant' under ..... supplied by us) 20. learned counsel for the respondent/tenant, while trying to highlight the slight difference in the three definition clauses referred to above, submits that under the kerala act, a tenant can continue in possession as a statutory tenant even after termination of the tenancy in his favour, whereas under the delhi and bombay enactments, especially under the former ..... by the respondent/tenant to the landlord is `.23,000/-. petitioner/landlord initiated eviction proceedings against the respondent under section 11(3) of the kerala buildings (lease and rent control) act before the rent control court, ernakulam contending that he needed the building for his own occupation to start a business. the rent control court ordered eviction after considering the evidence ..... or his predecessor who has derived title before the first day of february, 1973. 19. "tenant" under the delhi act means any person by whom or on whose account or behalf the rent of any premises is, or, but for a special contract, would be, payable, and includes a sub-tenant, or any person continuing in possession after the termination of his .....Tag this Judgment!
Court : Kerala
Decided on : Aug-24-2011
Reported in : 2011(3)ILR(Ker)904; 2011(4)KLJ276; 2011(4)KLT796; 2011(3)KHC716
..... under what conditions an employees service can be terminated and subject to what conditions of service, could well be the subject matter of a contract of employment, because conditions of service would take in the termination of services and incidentally the conditions subject to which such termination could be brought ..... that, as discernible from the 1957 rules, they have been brought out by virtue of the power vested under sections 49, 50, 112 of the factories act. 10. sections 49, 50 and 112 as mentioned above read as follows: 49. welfare officers:- (1) in every factory wherein five hundred or ..... power of the state, it is stated that the power is vested with the sated as given under sections 49 and 50 of the factories act enabling the state to make rules regarding duties, qualifications and conditions of service, etc of the welfare officers in the factories, and for granting exemption ..... of the rule 5 of the rules. 7. the first respondent has filed a counter affidavit referring to the relevant provisions of the factories act/rules and as to the scheme of the statute. issuance of the relevant proceedings by the concerned respondents has been sought to be justified, referring ..... officers employed under sub-section (1). 3. by virtue of the powers conferred on the state, under sections 49, 50 and 112 of the factories act, the government of kerala has formulated the kerala factories (welfare officers) rules, 1957, prescribing the number of welfare officers to be appointed as given .....Tag this Judgment!
Court : Kerala
Decided on : Apr-11-2011
..... in terms of section 8(1) of the a and c act. equally would be the situation if the agreement between the parties is one that would not amount to a contract in view of section 28 of the contract act. 7. it is apposite in this context to refer to the ..... [2005 (1) arb.lr 63 (ap)]. it emerges therefrom that disputes between the parties in relation to their rights, obligations and liabilities under a contract between them could be a matter for arbitration in cases where there is an arbitration agreement. even in relation to hire purchase transaction, the arbitrability of ..... person visited with actions cannot be stultified by making reference to the provisions of the a and c act. learned counsel for the petitioners point out that in many of the cases, by contract, the parties have chosen the jurisdiction of a particular court with reference to territory and therefore, ..... the parties on the basis of the agreement between them, including the arbitration agreement. therefore, if the complaint before a judicial authority is about acts or omissions which tantamount to violations of laws, including commission of offences, the arbitration agreement is no defence to oblige the judicial authority to ..... agreements consisting of commercial transactions. the finding in tml that a suit can be maintained independent of the arbitration agreement in cases where the act complained of is per se illegal and in violation of the laws, necessarily means that the subject matter of the litigation before the judicial .....Tag this Judgment!