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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: kerala Year: 2011 Page 3 of about 96 results (0.051 seconds)

Nov 23 2011 (HC)

Sujatha Vs. Mariayamma Xavier and Others

Court : Kerala

Decided on : Nov-23-2011

..... or building or both granted by the administrative general, official trustee or official receiver. going by the plain meaning of section 3 of the act it appears to me that notwithstanding anything contained in the decree in favour of respondents/landlords, they are interdicted from evicting petitioner from the ..... aside having failed, petitioner cannot contend in the executing court that she is a kudikidappukari entitled to the protection of section 3 of the act. learned counsel pointed out that in such situations the rule of constructive res judicata based on might and ought, theory under explanation iv ..... a member of any scheduled caste or scheduled tribe. according to the learned counsel, the non-obstante clause in section 3 of the act is sufficient to show that notwithstanding that respondents have obtained a decree for eviction in their favour, that decree cannot be executed as petitioner ..... hence is not liable to be evicted from the said homestead and land in view of section 3 of the kerala prevention of eviction act, 1966 (for short, the act). learned munsiff negatived the contention holding that petitioner has not obtained purchase certificate from the land tribunal (for short, the tribunal), ..... . 21. now i shall come to the question whether section 3 of the act is applicable? the said provision reads: prevention of eviction. -- notwithstanding anything to the contrary contained in any other law or in any contract, custom or usage, or in any judgment, decree or order of court, .....

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Oct 14 2011 (HC)

Kerala State Private Bus Operators Federation Vs. Insurance Regulatory ...

Court : Kerala

Decided on : Oct-14-2011

..... policy holders in matters concerning assigning of policy, nomination by policy holders, insurable interest, settlement of insurance claim, surrender value of policy and other terms and conditions of contracts of insurance; (c) specifying requisite qualifications, code of conduct and practical training for intermediary or insurance intermediaries and agents; (d) specifying the code of conduct for surveyors ..... business; (f) promoting and regulating profession organizations connected with the insurance and re-insurance business; (g) levying fees and other charges for carrying out the purposes of this act; (h) calling for information from, undertaking inspection of, conducting enquiries and investigations including audit of the insurers, intermediaries, insurance intermediaries and other organizations connected with the insurance business ..... conditions that may be offered by insurers in respect of general insurance business not so controlled and regulated by the tariff advisory committee under section 64u of the insurance act, 1938 (4 of 1938). (rest omitted as not relevant) section 14(2)(i) would show that in addition to the general powers contained in sub-s.( ..... be offered by insurers in respect of general insurance business not so controlled and regulated by the tariff advisory committee (second respondent) under s.64u of the insurance act, 1938. the learned counsel for the appellants would submit that by virtue of s.64uc, it is the authority of the 2nd respondent to issue orders from .....

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Nov 24 2011 (TRI)

Sheela and Others Vs. Lic of India, Rep. by the Zonal Manager and Othe ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Nov-24-2011

..... committee rejected the complaint and the same was communicated on 11.12.2004. it is contended that the assured was an educated man capable of forming a contract. the opposite parties are not liable to honour such a claim. 8. the 5th opposite party /development officer has filed separate version denying the allegations in ..... recommending lives for insurance. in the letter issued by the divisional manager dtd. 20.1.2005, it has been held that the development officer has acted in a manner prejudicial to the interests of the corporation. it is pointed out that he should have made all reasonable enquiries with regard to the ..... accepting the proposal. 7. the l.i.c. is entitled to repudiate the claim and declare the policy void as per section 45 of the insurance act, 1932. the complainant had taken up the matter with divisional manager, chennai and the matter was considered by the claim review committee consisting of a retired ..... caused to him on 6.3.2002. the assured died by drowning due to an accident. 3. the complainants are in very poor circumstances. the act of the opposite parties repudiating the claim is illegal. it is further alleged that the opposite parties 5 and 6/development officer and agent respectively are the ..... in the form for joining in the policy. the 6th opposite party/agent was fully aware of the above fact. he brought a proposal form and acting as the agent of the l.i.c. enquired and collected the details and asked the deceased to put his signatures where ??x marks are put .....

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Sep 01 2011 (HC)

A.C. Bhnunni @ Valluvanattukara Vs. the Commissioner, Hindu Religious ...

Court : Kerala

Decided on : Sep-01-2011

..... now stands provides for the constitution of the board namely malabar devaswom board. the chief executive officer of the board is the commissioner appointed under section 8 c of the act. the act also provides for the appointment of the deputy commissioner, area committee and temple advisory committees. it also stipulates the powers, functions and duties of the respective bodies. the power ..... hereditary trustee. section 57 empowers the deputy commissioner to settle certain disputes and maters. section 100 empowers the state government to make rules to carry out the purpose of the act. it also stipulates the matters in regard to which the rules could be made. 27. in the decision reported in bhanunni v. commissioner, hindu religious and charitable endowments (admn.) ..... trustees thereof. (a) for persistent default in the submission of budgets, accounts, reports or returns, or (b) for willful disobedience of any lawful order issued under the provisions of this act by the state government, the commissioner or deputy commissioner, the area committee or the assistant commissioner, or (c) for any malfeasance, misfeasance, breach of trust or neglect of duty in ..... . is constituted by a notification of the government under s.7 of the h.r. and c.e. act. it is a body corporate, having perpetual succession and common seal, with power to acquire, hold and dispose of properties and to enter into contracts and may sue and be sued in its name,. its constitution is in terms of the statutory provision .....

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Jul 20 2011 (HC)

S. Abdul Salam and Others Vs. Union of India Represented by Its Secret ...

Court : Kerala

Decided on : Jul-20-2011

..... to curb this menace and to attain "uniformity and certainty" that a conscious decision was taken by all the 'high contracting parties' in the concerned international conventions, to which india is also a party, finally culminating in the carriage by air act, 1972 , as amended. the scope of the legislation has to be respected accordingly; more so when the purpose of ..... receipt of the amount obtained under the personal accident insurance policy and hence the contract had become void, in view of fraud played on the respondents. 34. after discussing the relevant provisions of the act/rules, it was observed that section 5 of the act specifically excluded the fatal accidents act and also contained a 'non-obstante clause' providing for payment of compensation in ..... observed that even the fatal accidents act did not contain any provision, so as to invoke a 'set off' in respect of the amount payable under a different cause of action arising out of the personal accident insurance policy. the signing of warsaw pact on 12.10.1929 by the signatories/countries (termed as high contracting parties) with a view to codify ..... the rules in vogue in different countries and to have common or uniform rules relating to liability for the damages by common carriage involving international carriage by air, as amended by the hague protocol 1955 and the incorporation of 'first' and 'second schedules' respectively under the indian carriage by air act 1934, replaced .....

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May 24 2011 (HC)

M/S. Mahindra and Mahindra Ltd., Rep. by Its Power of Attorney Holder ...

Court : Kerala

Decided on : May-24-2011

Reported in : 2011(2)KLJ613; 2011(2)ILR(Ker)804; 2011(2)KLT1040; 2011CrLJ3791; 2011(2)KHC582

..... specified in the schedule. (2) all reference in any enactment or in any notification, rule or order made under any enactment, or in any contract, deed or other instruments, for the time being in force, to a value expressed in terms of any unit of weight, measure or numeration ..... weight, measure or number. the prosecution proposed to be initiated against the petitioners is under section 41 of the standards of weights and measures (enforcement) act, 1985. the heading of section 41 is "penalty for contravention of section 11". section 11 deals with prohibition of quotations, etc. otherwise than in ..... in accordance with the standard weight or measure." section 41: "41. penalty for contravention of section 11:- except where he is permitted under the standards act so to do, whoever, in relation to any goods or things which are sold, transferred, distributed or delivered, or any service rendered:- (a) quotes ..... or number." section11: "11. prohibition of quotations, etc., otherwise than in terms of standard weight or measure:- except where he is permitted under the standards act so to do, no person shall, in relation to any goods or things which are sold, transferred, distributed or delivered, or any service rendered-- (a ..... 10. it is true that section 79 of the standards of weights and measures act, 1976 provides that all references in any enactment or in any notification, rule or order made under any enactment, or in any contract, deed or other instruments, for the time being in force, to a value .....

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Sep 22 2011 (TRI)

O. Sivanandan Vs. C.K. Kumaran

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Sep-22-2011

..... of necessary party. 7. the appellant/opposite party contended that the respondent/complainant is not a consumer under the consumer protection act. 1986. admittedly, the complainant entrusted the contract work with the opposite party in the year 2002 and the said work was completed on 10.06.2002. the appellant/opposite ..... water proof work done has nothing to do with earning of profit. the complainant availed the service of the opposite party for doing the contract work of water proofing inorder to prevent leakage of water in the complainants house. the said service availed by the complainant can not be ..... the appellant/opposite party has also undertaken the work of plastering. it is further to be noted that a1 certificate would also show that the contract of chemical leak proofing work was undertaken by the opposite party without the consent or convince of the manufacturer, roofit mix water proof plaster s ..... concluded that the complainant who availed the service of the opposite party is a consumer as defined under section 2(1)(d) of the consumer protection act, 1986. hence these points are found against the appellant/opposite party. 11. points 3 and 4 :- respondent/complainant availed the service of the ..... version denying the alleged deficiency in service. he took the contention that the complainant is not a consumer coming within the ambit of consumer protection act and that the complaint is bad for non joinder of the manufacturer of ??roofit mix water proof plaster s.p. 506 ? that the .....

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May 31 2011 (HC)

O.R. Manoj Vs. Guruvayur Devaswom, Rep by Its Administrator and Others

Court : Kerala

Decided on : May-31-2011

..... the interim injunction of the nature granted by the court? can the right of the devaswom be curtailed when there is no privity of contract between the devaswom and the plaintiff? the answers to these questions would lead to the only conclusion that the trial court was not justified ..... cannot be granted in favour of the plaintiff, going by section 41(e) of the specific relief act which provides that an injunction cannot be granted to prevent the breach of a contract the performance of which would not be specifically enforced. 21. it would appear that the trial court ..... superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. this jurisdiction cannot be limited or fettered by any act of the state legislature. the supervisory jurisdiction extends to keeping the subordinate tribunals within the limits of their authority and to seeing that they obey ..... constraints. it cannot be exercised like a "bull in a china shop", to correct all errors of judgment of a court, or tribunal, acting within the limits of its jurisdiction. this correctional jurisdiction can be exercised in cases where orders have been passed in grave dereliction of duty or ..... the supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where the judicial conscience of the high court dictates it to act lest a gross failure of justice or grave injustice should occasion. care, caution and circumspection need to be exercised, when any of the .....

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Jul 29 2011 (HC)

Punjab National Bank Rep. by Its Chief Manager Vs. the Consumer Disput ...

Court : Kerala

Decided on : Jul-29-2011

..... , housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;" under section 12 of the act, the cdrf has jurisdiction to entertain a complaint in relation to any service provided or agreed to be provided. section 3 of the said ..... other proceedings against the respondents 2 and 3, pursuant to a notice issued by the petitioner under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (sarfaesi act), for recovery of loan amounts due under a loan given to the respondents 2 and 3, on the ground that the respondents 2 and 3 have made out ..... the above referred judgments of the supreme court would make it very clear that the securitisation and reconstruction of financial assets and enforcement of security interest act is a special act while companies act is a general law. in such circumstances, with regard to enforcement of a security asset under section 34 of the securitisation and reconstruction of financial assets and ..... purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers disputes and for matters connected therewith. section 2 (o) of the said act defines 'service' thus: "service" means service or any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection .....

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Oct 01 2011 (TRI)

M/S. Asian Paints Limited Vs. K.A. Abootty Haji Crescent Traders

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Oct-01-2011

..... complainant/borrower for realization of the loan amount due from him. the counsel for the appellant has also relied on section 132 of the indian contract act to support the case of the appellant that the appellant is empowered to proceed against the respondent/ complainant. it was also argued that there ..... contra evidence. thus, the forum below can be justified in finding that the complainant is a consumer coming within the ambit of the consumer protection act, 1986. 10. the forum below has directed the appellant/opposite party to return the colour world machine which was taken from the complainant for ..... complaint in cc.21/08. the appellant/opposite party has taken the contention that the complainant is not a consumer under the consumer protection act as he purchased the machine for commercial purpose. it is to be noted that the complainant has categorically averred that he purchased the colour world ..... was no deficiency of service and that the complainant is not a consumer coming within the ambit of the consumer protection act. thus, the appellant/opposite party prayed for setting aside the impugned order passed by the forum below and for dismissal of the complaint in cc ..... thereby the machine was repossessed by the opposite party and that the complainant is not a consumer coming within the ambit of the consumer protection act, 1986. it is also contended that the opposite party entered into re-purchase agreement with the citi bank and thereby came into the shoes .....

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