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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: kerala Year: 2011 Page 6 of about 96 results (0.025 seconds)

Nov 14 2011 (TRI)

Anil Ravindran Vs. Bank of Indian, Thuravoor Branch

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Nov-14-2011

..... . according to the complainant the above cheques were also encashed but not credited in his account and when the final cheque after the execution of the contract works was sent to the bank and when the complainant approached the bank to collect the balance outstanding he was told that his account has become non ..... account. it is the case that as per the power of attorney executed in favour of the opposite party bank, the cochin port trust for whom contracts works were executed by the complainant were to forward the cheques to the opposite party bank and the opposite party bank is to get it encashed ..... credited the account would not have become npa. the bank in the meantime proceeded against him under the sarfeasi act. the matter is now pending before the debt recovery tribunal (drt). the complaint is filed seeking compensation. 3. in cc.5/10 the matter in dispute ..... performing assets (npa) from 31.3.99. on application filed under the right to information act the complainant came to know that the above cheques were infact encashed by the opposite party bank but not credited in the cash credit account. if so ..... received by him on 2.8.2008 in response to his application under the right to information act. subsequently he moved the payee bank and as per ext.a4 letter in response to the petition under the rti act he came to know that the above cheques were encashed by the bank and that the .....

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Aug 20 2011 (TRI)

The Accountant General, Office of the Accountant General(Aande), Kozhi ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Aug-20-2011

..... parties. it is submitted by the learned counsel that the honble supreme court has held that services rendered ??free of charge ? or under a contract of personal service would be excluded from the purview of the consumer protection act. inviting our attention to the decision of the honble supreme court in ??state of orissa vs. divisional manager,lic and another ? (1996 (8 ..... the honble national commission in the case cited has clearly stated that gpf amounts, if not paid, cannot be subject matter for adjudication under the provisions of the consumer protection act. in the instant case also we find that the said decision is very much applicable. we find that the order of the forum below is without any jurisdiction and hence ..... . the 1st opposite party contended that the complaint was not maintainable as there was no consumer relationship between the complainant and the opposite parties as envisaged under the consumer protection act. however the details of the provident fund account and other relevant details were also furnished by the opposite parties in their version. 4. the evidence consisted of the oral testimony .....

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Sep 29 2011 (HC)

New India Assurance Company Ltd. Vs. Balakrishnan and Others

Court : Kerala

Decided on : Sep-29-2011

Reported in : 2011(4)ILR(Ker)311; 2011(4)KLJ374; 2011(4)KHC203; 2011(4)KLT412

..... conditions, namely: (i) a condition excluding the use of the vehicle- (a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or (b) for organized racing and speed testing, or (c) for ..... driving licence. 83. we have construed and determined the scope of sub-clause (ii) of sub-section (2)(a) of s.149 of the act/minor breaches of licence conditions, such as want of medical fitness certificate, requirement about age of the driver and the like not found to have been ..... (d) light motor vehicle; (e) transport vehicle; (f) road roller and (g) motor vehicle of other specified description. the definition clause in s.2 of the act defines various categories of vehicles which are covered in broad types mentioned sub-section (2) of s.10. they are goods carriage, heavy goods vehicle, heavy passenger motor ..... would apply the rule of main purpose and the concept of fundamental breach to allow defences available to the insurer under s.149(2) of the act. (emphasis supplied) 6. it will be apposite straight away to refer to the relevant observations in paragraphs 82 and 83 of swaran singhs case (supra ..... did not accept the contention of the appellant/insurance company that the appellant is entitled to avoid liability under section 149(2) a(ii) of the act. inasmuch as the owner/driver was not duly licenced, it was contended that the appellant was entitled to recover the amount under the proviso the section .....

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Jun 02 2011 (HC)

James Punnapuzha Vs. Sabitha Rahim and Others

Court : Kerala

Decided on : Jun-02-2011

..... deposit of the admitted arrears and for consequential orders including summary order of eviction under section 12(3). to that ia, the revision petitioner tenant filed counter contending that the contract rent is not rs. 2292/- per mensem as alleged by the landlord and that the same is only rs.1311/- per mensem. it was also contended that a substantial amount ..... importance arises in this revision filed by the tenant challenging the judgment of the rent control appellate authority confirming a summary order of eviction passed under section 12(3) of act 2 of 1965 by the rent control court. 2. we are adverting to the facts only to the extent necessary for deciding this revision. the revision petitioner tenant was sought .....

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Dec 30 2011 (TRI)

M/S. Singsons Electronics (Defunt) Represented by Its Ex-manager D. Su ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Dec-30-2011

..... contract between the opposite party and the complainant in the matter. hence opposite party prayed for dismissal of the complaint. 5. the forum below heard both parties and perused the entire ..... endorsement in the bill is as per the scheme envisaged and announced by the manufacturer. the opposite party who stands in the capacity of agent is not liable for the acts of the principal, that it was a direct transaction between the consumer and the manufacturer and the cheque was also issued by the manufacturer and the opposite party is in ..... any alleged deficiency in service, that complainant failed to proceed against additional opposite parties who had drawn and issue cheque to the complainant under sec. 138 of the negotiable instruments acts or by filing civil suit, that complainant has no cause of action for the dishonor of the cheque as against opposite party, that there is no privity of .....

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Jun 28 2011 (HC)

M/S. the National Insurance Company Ltd. Vs. Sindhu P.T. and Others

Court : Kerala

Decided on : Jun-28-2011

..... took place prior to the date of the accident. 3. the claimants contended and the commissioner accepted that section 157 of the motor vehicles act does operate and thereby the transferee steps into the shoes of the transferor/insured person. consequently, the insurer is liable to discharge the liability ..... assurance company ltd. (air 1996 sc 586) to contend that invocation of section 157 is limited to third party risks under the motor vehicles act only. a careful reading of the facts reveals clearly that the contention which was repelled by the supreme court was that the comprehensive policy of ..... the certificate and the policy of insurance in regard to the transfer of insurance." 8. the language of section 157 of the motor vehicles act is very clear. where transfer of a motor vehicle takes place, then, notwithstanding the fact that the transfer has not been specifically noted in ..... insurance. precisely to avoid such problems and difficulties of the third party victims, we find an express stipulation under section 157 of the motor vehicles act, 1988 which introduces the concept of deemed transfer of the policy of insurance. we extract section 157 below:- "transfer of certificate of insurance.-(1 ..... the purpose of chapter xi. insurer and insured are the first and second parties to the contract of insurance and the victims who are covered by section 147 are the third parties to the contract of insurance. such liability in respect of the third party/driver is compulsorily insurable. 7. .....

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Nov 26 2011 (TRI)

The Manager, National Insurance Co. Ltd. Vs. B.A. Abdulla Kunhi and An ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Nov-26-2011

..... the vehicle after 2 weeks and thereafter the 2nd opposite party absconded along with the vehicle. we find that there is no scope for treating the above transaction as a contract as there is no consideration and hence the contention that on claim arose out of contractual liability cannot be sustained. 8. as per ext.b3 policy the company has undertaken ..... to indemnify the insurer against loss or damage of the vehicle by burglary, house breaking or theft etc. and by malicious act vide section 1(vii) of policy. evidently the act that involved comes within the amplitude of ??malicious act ? . hence the above contention of the appellant is liable to be rejected . it is seen from ext.a9 rc book that vehicle ..... the insured against loss or damage of the vehicle by burglary, house breaking or theft, by accidental external means and by malicious acts etc. the action of 2nd opposite party in the instant case is nothing but a malicious act and hence it was held that the opposite parties are liable to indemnify the complainant. 6. the counsel for the appellants has .....

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Aug 02 2011 (HC)

Commissioner of Income Tax Vs. T.O. Abraham and Another

Court : Kerala

Decided on : Aug-02-2011

..... credits in the joint account of shri. gopinath and his wife and the return filed and payment of tax by shri. gopinath, assessments were made under s.69 of the act on the excess amount paid by the respondents over the value accounted in the sale deeds by the respondents in the purchase of property. 4. in the case of shri ..... filed by the revenue is whether the tribunal was justified in cancelling assessments on the respondent assessees made on unexplained investment under s.69 of the income tax act (hereinafter referred to as the act for short). 2. we have heard learned standing counsel appearing for the appellant revenue and learned counsel appearing for the assessee, shri. t. o. abraham. even though ..... department has filed separate appeals for restoration of the assessments. 6. learned standing counsel appearing for the revenue referred to the provisions of the fera act, which in s.67 incorporates the provisions of the customs act, 1962, namely s.107, s.108, s.138b, and submits that the statements recorded have evidentiary value. in this case, admittedly, shri. gopinath the eldest ..... member of the family, who contracted the sale of the property with the respondents clearly gave statement in his own handwriting stating that the land involved was .....

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Jul 21 2011 (HC)

Proprietor, Carmel Exports and Imports Cochi Vs. Commissioner of Custo ...

Court : Kerala

Decided on : Jul-21-2011

..... if an importer, who enjoys the facility of i.e code imports certain goods in the normal course of business on the strength of a contract entered by such importer with either a consumer or a trader who eventually sells the imported goods to consumers. we do not understand what can ..... categorically made a statement that he is not able to place any such prohibition in law except s.7 of the foreign trade (development and regulation) act, 1992, which reads as follows: 7. importer - exporter code number.-- no person shall make any import or export except under an importer - ..... of the customs authorities coming to the conclusion that the value entered by the importer is not accurate, appropriate action under the provisions of the customs act can be initiated. for example, under s.11(m) such goods can be confiscated and under s.112 penalty can be levied. 111. confiscation ..... s they are the right holders. they have also submitted necessary registration certificates issued under section (2), r.65(i) of the trade and merchandise marks act, 1958 and their notice / complaint has been registered vide uprn no. a03911nbom1tm dated 11/01/2011. (b) similarly, in respect of yardley brand products, ..... three items are found to be objectionable items. according to the said communication, import of the said items amounts to infringement of the trade marks act, 1999. it appears from the said communication that the respondents received complaints from two companies, m/s.johnson and johnson ltd. and m/s.wipro .....

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Dec 29 2011 (TRI)

Baburajan P.M., Managing Director and Others Vs. M.T. James, Director, ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Dec-29-2011

..... opposite parties to redress the grievances of the complainant, but they have not promptly discharged their liability to the complainant. instead of discharging their contractional application, opposite parties are targeting each other for the generator set for escaping from their legal liabilities. another question of law raised by the ..... 1st opposite party that the hotel is a limited company established under the companies act and the complainant is an individual and he is not anyway have the legal right to file this complaint on behalf of the complainant. ..... to the fault of the machine or due to these opposite parties. the opposite parties are not liable to compensate the complainant, since no act of these opposite parties have caused any trouble or mental agony, or financial loss or hardship to the complainant. the opposite parties have done ..... received by the 1st opposite party directly from the hotel of the complainant and the complainant is a consumer as defined in the consumer protection act. the opposite parties claim regarding sound level etc. is false. the complainant denies the allegation of mishandling of the generator set. the forum ..... to the fault of the machine or due to these opposite parties. the opposite parties are not liable to compensate the complainant, since no acts of these opposite parties have caused any trouble or mental agony, or financial loss or hardship to the complainant. there is no deficiency of .....

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