Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Court: kerala Year: 2011 Page 8 of about 96 results (0.149 seconds)

Sep 06 2011 (HC)

ismayil Vs. Fathima and Another

Court : Kerala

Decided on : Sep-06-2011

..... succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of personal law, marriage, dissolution of marriage, including talaq, ila zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and ..... to the learned counsel, though only indirectly, declares the obligation of men to maintain women. men who are protectors and maintainers of woman are bound to ensure that all acts for the physical, mental and moral requirements of women under their charge are discharged. that is the conduct expected from a muslim under the holy quran, submits counsel. ..... that the concept shall carry identical meaning and content to all sections of persons in the secular republic. 22. sec.3(b) of the hindu adoptions and maintenance act which we have already extracted above clearly indicates the parliaments understanding of the concept of maintenance, in its application to the hindus. the hindu father and the ..... shall be no obligation to justify the direction for payment of marriage expenses under the muslim personal law (shariat). we extract sec.2 of the muslim personal law (shariat) application act below: 2. application of personal law to muslims. notwithstanding any customs or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate .....

Tag this Judgment!

Aug 24 2011 (HC)

CochIn Shipyard Limited Represented by Its Deputy General Manger Vs. t ...

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!

Jul 26 2011 (TRI)

Regional Manager Lic of India Ltd, Unit-ii, Kollam and Another Vs. Uth ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Jul-26-2011

..... endowment assurance policy with the knowledge and consent of the respondent/complainant. we have already considered the terms and conditions of p1 ashadeep policy. the parties to the said insurance contract are bound by the terms and conditions of the policy. a perusal of p1 ashadeep policy certificate and the terms and conditions incorporated in the said policy would not give ..... to deficiency in service and unfair trade practice. the complainant is entitled to get the aforesaid genuine grievance redressed at the hands of the agencies constituted under the consumer protection act, 1986. so, this commission is pleased to direct the appellants/opposite parties to keep the original ashadeep ii policies as alive and to render all services to the complainant by ..... parties (lic of india) in repudiating the insurance claim preferred by the complainant under ashadeep policy bearing no.781547082 issued by the lic of india and also due to the act of the lic of india in changing the ashadeep policy endowment type plan with effect from 28.7.03. it was also alleged that the complainant suffered mental agony and ..... in the original policy. it is further to be noted that p1 policy certificate was issued subject to the terms and conditions of the said policy. there was a binding contract between the insured and the insurer. they were governed by the terms and conditions incorporated in the said insurance .....

Tag this Judgment!

Jun 16 2011 (TRI)

Dr. P.R. Venugopal and Another Vs. K.S. Raju

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Jun-16-2011

..... this diagnosis is confirmed only retrospectively (see williams op.cit at page 420). another criteria noted in the above text book is painful uterine contractions accompanied by one of the following: 1.ruptured membranes 2.bloody ??show 3. complete cervical effacement (ibid at p.420)). all the same we find that the fact that foetal ..... noted in ext.b1 case sheet it is not possible to conclude that the complaints wife was having the onset of labour uterine contractions that bring about demonstarable effacement and dilation of cervix which is the required condition. the same does not easily aid the clinician in determining when labour has actually begun because ..... for the complainant that the extent of two fingers meant an expansion of 4 cm. the cervical dilation of 3 to 5 cm or more, in the presence of uterine contractions can be taken to reliably represented the threshold for active labour c williams at p142 section 4 labour and delivery. we find that just on the basis of the observations ..... from the normal rate of 140/minute the same was immediately reported to the first opposite party and on examination she was found to be in active labour with uterus acting periodically. the head of the baby was engaged showing satisfactory progress. notwithstanding the foetal heart rate was slow (rate 100/120/minute). she was showing satisfactory progress with cervix fully .....

Tag this Judgment!

Nov 08 2011 (HC)

In Re., M.V. Jayarajan

Court : Kerala

Decided on : Nov-08-2011

..... the administration of justice by fouling its source and stream. we accordingly, find him guilty of having committed criminal contempt within the meaning of sec. 2 (c) of the act. the respondent was escalatingly indulging in scandalisation by invectively making scurrilous, offensive, vicious and malicious onslaught on the higher judiciary and that too beyond condonable limits. this conduct of the ..... statement of allegations or in the charge. it was further observed that the proceedings of the advocate general granting consent should also reflect the ingredients of section 13 of the act, if ultimately the contemnor is to be punished. in that case the division bench, after finding the contemnors guilty of criminal contempt expressed its inability to impose a ..... was found that the consent of the advocate general was a pre-requisite. this makes all the difference. there is no case for the respondent that the division bench acted on extraneous considerations by keeping the petition filed by advocate rehim pending for eventually taking suo motu action. we, therefore, turn down the contention that the earlier dismissal of ..... of kerala in w.p.(c) no. 19253 of 2010 banning roadside meetings, you committed criminal contempt within the meaning of sec. 2 (c) of the contempt of courts act, 1971 by making discreditable and denigrating remarks against the judges who rendered the above judgment, by publically saying that unfortunately some (language) (fools, idiots) are making laws sitting in .....

Tag this Judgment!

Jun 22 2011 (HC)

O.P. Balachandra Kaimal Vs. State of Kerala, Represented by Dy. Superi ...

Court : Kerala

Decided on : Jun-22-2011

..... e) under explanation 2 would show that if a revenue officer is entrusted with public money and is either directed by law or bound by a contract, express or implied, with the government, to pay into a certain treasury all the public money which he holds and he dishonestly appropriates the money ..... appellant had remitted the misappropriated amount with 14% interest in march, 1995. therefore, the learned counsel canvassing attention to section 16 of the pc act sought for deleting the fine awarded by the trial court. the subsequent remittance of the money misappropriated is not at all a reason to delete the ..... conviction is based upon cogent evidence. no interference is warranted. the sentence awarded is only the minimum prescribed under section 13(2) of the pc act. relying upon paragraph 10 of the decision in mohiuddin v. state of maharashtra [1995(3)scc 567] it was submitted by the learned counsel ..... to my notice by the learned counsel appearing for the appellant. 36. offence under section 13(1)(c) of the prevention of corruption act would arise if any public servant dishonestly or fraudulently misappropriated or otherwise converted for his own use any property entrusted to him or under his control ..... was working as village officer in veliyancode village and as such eh would be a public servant coming under section 2(c) of the pc act. 5. pw10, then commissioner of land revenue, would depose that after verifying the investigation report and the connected documents he issued ext.p13 order .....

Tag this Judgment!

Jun 01 2011 (HC)

K. Gopakumar Vs. the Guruvayoor Devaswom Managing, Committee Rep by th ...

Court : Kerala

Decided on : Jun-01-2011

Reported in : 2011(3)KLT7; 2011(3)KLJ69

..... including security. therefore, those belongings are also have to be kept safely. 3. while the petitioner says that the 5th respondent, being a co-operative society, cannot be granted the contract to run the footwear counters and cloak rooms, we see from ext.p1 invitation of tenders that tenders were invited from "malayalam". we understand the said provision as inviting tenders ..... is a tender notice. according to the petitioner, he is the second highest bidder. he impeaches the eligibility of the 5th respondent, which is the highest bidder to get the contract. 2. ext.p1 is an invitation of tenders in connection with the running of footwear counters in the east and west nadas and cloak room in the east nada of ..... . obviously, all these would apply only to natural persons and not juristic persons. not only that, even as pointed by the petitioner, going by the terms of the guruvayoor devaswom act, 1978, persons, who get involved in the administration of guruvayoor temple and its affairs even through the government, have to be hindus and have faith in hindu religion. faith is .....

Tag this Judgment!

Aug 22 2011 (HC)

Federal Bank Ltd., Aluva Vs. the Regional Provident Fund Commissioner

Court : Kerala

Decided on : Aug-22-2011

..... 2010 sc 1511) in para 9 while referring to the award of compound interest, it was held as follows: compound interest can be awarded only if there is a specific contract, or authority under a statute, for compounding of interest. there is no general discretion in courts or tribunals to award compound interest or interest upon interest. evidently, herein, as already ..... to his credit in the fund (e)(ii) where a member is transferred from a covered factory or other establishment to another factory or other establishment not covered under the act, but is under the same employer. clause 72(1) relates to payment of provident fund which states as follows: 72. payment of provident fund. (1) when the amount standing ..... the regional provident fund commissioner, kerala. 17. by ext.p4, the bank informed the first respondent about the formation of the trust and obtaining of approval under the income tax act and requested for various actions at the end of the first respondent including transfer of provident fund contributions by employees and bank and the accumulations thereon, the total amounts contributed ..... on its rolls. earlier, the branches of the petitioner bank were confined within the state of kerala. it was covered by the employees provident fund and miscellaneous provisions act, 1952 (for short the act). the bank was remitting the contribution to the concerned provident fund authorities. after the bank started to open branches outside the state of kerala, the provisions of the .....

Tag this Judgment!

Aug 12 2011 (HC)

Thadiyantevida Nazeer and Others Vs. State of Kerala, Rep. by the Depu ...

Court : Kerala

Decided on : Aug-12-2011

..... -2010 is undoubtedly a speaking order. 12. it is pertinent to note that the prosecution has no case that shammy firoz examined as p.w.1 had breached the contract between him and the state by resiling from the conditions of pardon. even in the case of a breach sec. 308 cr.p.c., the legislature has advisedly reposed ..... reflected in the second proviso to sec. 21(5) of the n.i.a. act. 7. if, in the alternative, the order dated 2-09-2011 is to be treated as an interlocutory order then sec. 21(3) is an express bar to ..... the order dated 02-09-2010 and such appeal cannot be entertained after the extended period of limitation. a perusal of sec. 19 of the n.i.a. act will show the concern for expeditious trial which has to be given precedence over the trial of any other case. it is the above time bound dispensation which is ..... a, 153 a and 324 read with sec. 34 i.p.c. and sections 16 (1) (b), 18 and 23 of the unlawful activities (prevention) act, 1967 and sec. 3 of the explosive substances act, 1908. two cases were registered as crime nos. 80 of 2006 and 81 of 2006 of kasaba and nadakkavu police stations, kozhikode. 13-06-2006 - the ..... m.p. 135 of 2011. it was inter alia contented that the special court constituted under the n.i.a. act 2008 was a court of session in view of sec. 16 of the n.i.a. act as per which the special court had the power to take cognizance of the offences without the accused being committed to it .....

Tag this Judgment!

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 .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //