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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: kerala Year: 2011 Page 7 of about 96 results (0.038 seconds)

Jul 15 2011 (HC)

Dr. N.K. Mohammed Basheer and Others Vs. C.K. Ahmed Kutty

Court : Kerala

Decided on : Jul-15-2011

..... his personal interest conflicts with his duty and unless authorized by the companys articles he must not vote as a director or any contract or arrangement in which he is directly or indirectly interested. standard articles give effect to that rule of equity. reference is also made ..... informed respondent over telephone that he has entered into an agreement for purchase of the property as per proposal with the vendor (van ingen), acting in trust for the respondent in a fiduciary capacity. respondent got letter dated october 14, 2004 (produced with the plaint) from the first ..... shares as prayed for in the plaint, he is entitled to the declaration of trust and a consequential injunction restraining petitioners from doing any act affecting the said trust and the benefit that respondent is to get from the said trust. learned senior advocate has placed reliance on various ..... statement in the plaint to be barred by law. reference was made on behalf of the petitioners to the relevant provisions of the foreign exchange management act, 1999 (for short the fema) and the regulations framed thereunder to contend that respondent being a non resident india (for short, nri) ..... and from creating documents with respect to the suit property or any portion thereof, from selling, cutting or removing timber therefrom and from committing act of waste therein, a consequential mandatory injunction directing petitioners to take such steps as are legally necessary to bring in and incorporate respondent as .....

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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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Jul 21 2011 (HC)

Sapna Maria Gomez Vs. the University of Kerala, Represented by Its Reg ...

Court : Kerala

Decided on : Jul-21-2011

..... quota. pursuant to annexure a notification, the selection committee conducted interview and prepared the select list, a copy of which is obtained by the appellant under the right to information act. ext.p1 is the proceedings of the selection committee dated 10/10/2009 wherein separate select lists were prepared for appointments under merit quota and under community quota. candidates with .....

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Oct 19 2011 (HC)

Basheer M.M. and Another Vs. State of Kerala, Represented by Its Secre ...

Court : Kerala

Decided on : Oct-19-2011

..... . against starting new retail outlets nearby areas, appellants have no right to oppose the same. further finding of the learned single judge is that if there is any breach of contract of any provision, express or implied, the remedy of the appellants is only before civil court, that too, for damages and not against setting up of new petroleum outlets. we ..... given allotments on certain priorities for starting retail business in petroleum wherein there is implied guarantee that the omcs. which are public sector companies which made the allotments, will not act detrimental to the interest of the existing dealers. it is worthwhile to note that article 46 provides for economic upliftment of the downtrodden, particularly of the scheduled caste and scheduled ..... are unable to uphold any of the finding because in our view, the petroleum act and rules have inherent limitations, the most important of which is that omcs, should not indiscreetly start retail petroleum outlets leading to loss for themselves which in turn is adverse ..... provided is 0.50 kilo litres. the learned single judge, however, rejected the norms prescribed by the government for the reason that state government has no authority under the petroleum act and rules to prescribe any norms for setting up or permitting new retail outlets. so far as the noc to be issued by the district collector under rule 144 of .....

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Jul 05 2011 (HC)

K.M. Basheer Moulavi and Others Vs. Kerala State Industrial Developmen ...

Court : Kerala

Decided on : Jul-05-2011

..... the condition laid down in the tender notification. at that stage, obviously, the amount being earnest money did not arise as there was no concluded contract. but after the appellant became the successful bidder offering to purchase the property for an amount of rs.15 crores which bid was accepted by ..... regarding the purchase of immovable property. the question which fell for consideration before the supreme court was regarding the interpretation of certain clauses of the contract and whether the amount deposited by the purchaser pursuant to the agreement of sale is to be treated as earnest money or not. at paragraph ..... to make a recovery such as the one proposed by the state of u.p. was conferred under section 77 of the u.p. excise act. the supreme court opined that such a right could not be enforced against the respondent therein on the ground that, on the facts of the ..... rs.15 crores for the purchase of the assets of salih industrial enterprises (p) ltd., taken over by ksidc under section 29 of the sfcs act, situated in sy.no.2741/1, 2, 3, 4 and 2742/a in chenganassery village, trivandrum taluk, powere house road, trivandrum in your favour ..... house road, thiruvananthapuram. such take over was made in exercise of the power conferred on the respondent under section 29 of the state finance corporation act obviously on the ground that the abovementioned salih industrial enterprises defaulted in repayment of certain loans due to the respondent corporation. subsequent to the take over, .....

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Mar 21 2011 (HC)

Rajaji Mathew Thomas Vs. the Election Commission of India

Court : Kerala

Decided on : Mar-21-2011

Reported in : ILR2011(1)Ker30

..... kerala in favour of another party known as "tecom" was required to be deferred in view of the issuance of the election notification. the decision to enter into such a contract was taken long prior to the election notification, but the documentation could not be completed in view of the various factors specified in the judgment. dealing with the said case ..... another v. the chief election commissioner, new delhi and others (air 1978 sc 851) the supreme court held that article 324 is a 'reservoir of power for the commission to act for the avowed purpose of pushing forward, but not divorced from a free and fair election'. the question once again fell for consideration of the supreme court in two cases .....

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Sep 30 2011 (HC)

A.V. Joseph Vs. Joshy T. Joseph

Court : Kerala

Decided on : Sep-30-2011

..... formal deed is yet to be made. that argument of the defendant is hence overruled. 11. where no provision is made in the contract between the partners, as to duration of their partnership or for the determination of their partnership, it is a partnership at will. such a partnership could be ..... ext.a1. the operation of the contract between the parties as contained in ext.a1 can, in no manner, be treated as under any state of suspension or adjournment mainly by saying that a ..... they would have thought necessary for different purposes before authorities relating to taxation, labour etc. the legal incidences necessary to result in a partnership exist in the contract entered into between the parties as per the terms of ext.a1 and the effect of that partnership runs therefrom and on the basis of the terms of ..... of ext.a1 agreement dated 16.4.2000. it is an agreement between the plaintiff and the defendant. neither party has a case that it is not a contract. 8. the preamble to ext.a1, among other things clearly states that the first party, i.e., the defendant, is the licence holder doing business of ..... , therefore hold that ext.a1 itself constitutes a partnership and that the said firm came into being by the act parties resulting in the contract, terms of which are clearly stated in ext.a1. the date of effect of that partnership cannot be postponed to any future date merely on .....

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Jun 17 2011 (HC)

Alex Paul Vs. State of Kerala

Court : Kerala

Decided on : Jun-17-2011

..... or other valuable consideration; (ii)a transfer of property in goods (whether as goods or in some other form) involved in the execution of works contract; (iii)a delivery of goods on hire-purchase or any system of payment by instalments; (iv)a transfer of the right to use any ..... for production and sale of goods. however, pursuant to the constitutional amendment expanding the scope of "sale" covering various transactions, the cst act was amended by act 20 of 2002 wherein the definition of sale is recasted as following: "sale" with its grammatical variations and cognate expressions, means any transfer ..... of goods and sale of such goods in the course of execution of works contract. so much so, contractors answer the description of processors of goods within the meaning of section 8(3)(b) of the act and we therefore feel they are entitled to avail concessional rate for purchase of ..... of goods which are for sale in the course of execution of works contract, whether as goods or in some other form. it is by virtue of this provision, the petitioner applied for registration under the act which was in fact granted to him with an endorsement in the certificate ..... of property in goods by one person to another for cash or deferred payment or for any other valuable consideration, and includes.- (i)a transfer, otherwise than in pursuance of contract .....

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Jun 29 2011 (HC)

Philipose Vs. State of Kerala

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 .....

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Oct 24 2011 (HC)

Delhi Telecom India (P) Ltd. Vs. S.i. of Police

Court : Kerala

Decided on : Oct-24-2011

..... the case at hand it is evident that the petitioner company is neither a service provider nor a infrastructure provider, but they are only a contracting company constructing tower no behalf of the infrastructure provider. therefore we are not proposing to enter upon any finding as to whether the infrastructure provider ..... establishment of any telegraph is intended for use of a licenced service provider, such establishment or maintenance or working can only be construed as an act for and on behalf of the licenced service provider. therefore, the contention is that, once the service provider is licenced under s.4 the ..... company which had undertaken the work of erection of a telecom tower is not under any obligation to get licence under s.4 of the telegraph act unless they establish, maintain or operate a telegraph. 6. further question arises as to whether the infrastructure provider, m/s. indus towers ltd. ..... length. contention of sri.aslam is to the effect that ext.p5 registration cannot be considered as a licence contemplated under s.4 of the telegraph act, and without there being any such valid licence the petitioner company is not entitled to establish, maintain and work a telegraph. per contra, sri. ..... of site plan and that no installation permission was obtained from the 3rd respondent panchayat under s.233 (1)(b) of the kerala panchayat raj act required for establishment of any machinery. 4. arguments of sri.krishna prasad s, learned counsel for the petitioner and sri.m.p.m.aslam, .....

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