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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: kerala Year: 2011 Page 9 of about 96 results (0.057 seconds)

Nov 10 2011 (HC)

Dr. Joy P. Chungath, Represented by Power of Attorney Holder, Alfo Joy ...

Court : Kerala

Decided on : Nov-10-2011

Reported in : 2012(1)KLJ745; 2012(1)ILR(Ker)977; 2012(1)KLT608

..... building. 17. in para-14 of the plaint, it is specifically stated that cause of action of the suit arose within ernakulam village where the contract entered into and where negotiations took place. 18. the counsel for the respondent further argued that the business has not been commenced at ernakulam and ..... it cannot, however, take away a statutory right with which any person under a statute has been clothed or set at naught the working of an act by becoming an hindrance in the interpretation of the same 25. relying on the above decision and other decisions, in dipak chandra ruhidas v. chandrankumar ..... above, it is manifest that the object of an explanation to a statutory provision is a) to explain the meaning and intendment of the act itself. b) where there is any obscurity or vagueness in the main enactment, to clarify the same as to make it consistent with the dominant ..... ), it is not disputed that corporation referred to in section 20 meant not only a statutory corporation but also a company registered under the indian companies act. 23. in bihta co-operative development and cane marketing union ltd. v. bank of bihar (air 1967 sc 389), the supreme court observed thus ..... a consultant (pediatric and hospital service) at kochi and represented by his power of attorney holder. the defendant is a company incorporated under the companies act and having its registered office at firosh nagar, mumbai. 3. facts: the facts relevant in the context of issue involved in this appeal can briefly .....

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Aug 02 2011 (HC)

Puthucode Juma-ath Committee, Palakkad, Represented by Its Secretary M ...

Court : Kerala

Decided on : Aug-02-2011

..... it was held: whenever any body of persons having legal authority to determine questions affecting rights of subjects, and having the duty to act judicially act in excess of their legal authority they are subject to the controlling jurisdiction of the kings bench division exercised in these writs. the ..... as to when the authority can be said to be discharging quasi judicial functions. the court held as follows: 8. quasi-judicial acts are such acts which mandate an officer the duty of looking into certain facts not in a way which it specially directs but after a discretion, in ..... itself is administrative, dictated by policy and expediency. but the procedure is subject to the principles of natural justice, which require the minister to act fairly towards the objectors and not (for example) to take fresh evidence without disclosing it to them. a quasi judicial decision is therefore an ..... submitted by mutawallis and to arrange for auditing of account of wakfs; (g) to appoint and remove mutawallis in accordance with the provisions of this act. (h) to take measures for the recovery of lost properties of any wakf; (i) to institute and defend suits and proceedings relating to wakfs ..... further, learned counsel for petitioners would contend that both the board and the tribunal have not considered the position flowing from section 69 of the act. 15. per contra, learned counsel for the contesting respondents would submit that the circumstances leading upto the passing of order dated 9.4.1977 .....

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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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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

..... misleading advertisement the aggrieved consumer. taking into consideration of the totality of circumstance the forum below fixed liability against all opposite parties as per the settled position of law of contract all are jointly and severally liable for the negligence and carelessness done by any of the parties. 6. the opposite party prefers this appeal under this direction it argued on ..... 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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Dec 21 2011 (TRI)

K. Reghunathan Vs. M/S Kotak Mahindra Primus Ltd. and Another

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Dec-21-2011

..... not dispose off the vehicle. the complainant applied to the rto/2nd opposite party seeking for issuing certificate for using the vehicle for home use as the validity of the contract carriage permit has expired. the 2nd opposite party insisted for the noc from the 1st opposite party. it is alleged that the complainant has sustained financial loss due to the ..... ext.p2 letter dated 21.6.03 in response to the letter of the financier demanding payment of rs.7090/- it is admitted that his source of income was from contract work with government departments and that the payment from the government departments often came very late which in turn had on certain occasions caused bouncing of cheques due to shortage ..... card. but he produced a letter from the manager, customer care centre to show that letter dated 20.10.0.05 was delivered to the addressee. the rto could have acted on the basis of the above. hence evidently there is lapse on the part of the 2nd opposite party. but being a statutory authority we find that the complainant cannot ..... is noted by the lok ayukta that noc from financier is necessary for conversion of a vehicle from one class to another under section 51(6) of the motor vehicle act. the rto has directed the complainant to send a registered letter to the financier requesting to issue noc and produce acknowledgment card as the complainant had not produced the acknowledgment .....

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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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Oct 25 2011 (TRI)

M/S. New Bharat Tyres India (P) Ltd. Vs. Kurian Abraham and Another

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Oct-25-2011

..... the 1st opposite party or to the 2nd opposite party to pay the amount spent for repairs. 3. the 1st opposite party in the version contended that there was no contract between the complainant and the 1st opposite party. there was no policy issued in favour of the complainant or that the complainant had not changed the policy in his name ..... whereby the accident and damage to the vehicle had occurred. hence it is his very case that the forums finding that the 2nd opposite party is vicariously liable for the acts of his employee which resulted is loss to the complainant is only to be upheld. he has also prayed for the dismissal of the appeal with compensatory costs. 7. on .....

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Oct 20 2011 (TRI)

Sai Engineering and Trading Company Reptd. by C.V.Ganesh and Another V ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Oct-20-2011

..... second opposite party was not bound to register an fir for missing of the property outside his jurisdiction. the third opposite party filed written version stating that there was no contract of insurance between the complainants and the third opposite party and it is not liable to indemnify the complainants. thus, the third opposite party also prayed for dismissal of the ..... fact that the commercial concern purchased mobile handset cannot be taken as a ground to hold that the said commercial concern is not a consumer coming under the consumer protection act. it is a well settled position that there must be direct nexus between the service availed and the commercial activity of the commercial unit or concern. in this case, 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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May 25 2011 (TRI)

Justus Simon, Senior Dealer and Another Vs. Ramachandran Pillai G. and ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : May-25-2011

..... is volatile. the case of the complainant that he was totally misled appears incorrect in the light of the fact that he has signed in ext.p3 contract notes. in the circumstances, we find that the findings of the forum are based on a totally wrong premise. hence the order of the forum is ..... shares the person can also engage in future trading which has been done by the complainant as evident from the signature of the complainant in ext.p3 contract notes. it is specifically mentioned in each of the ext.p3 series that the transactions are done as per the order of the client which has ..... has transacted the shares as per the instruction of the complainant. the details of the transactions carried out on behalf of the complainant is reflected in the contract notes issued to the complainant and the same are duly acknowledged by the complainant. the complainant carried out trading through the opposite party for the period ..... + 2 days and if any short position (shortage of shares) arises, auction will be conducted on t + 3 basis as submitted earlier. the broker issues contract note and trade confirmation statement to the client on daily basis. in the auction for short selling of shares, the bill for the auction will also be issued ..... purchase the shares only on the instructions of the client. the broker is only facilitating the purchase and sales. ext.p3 series of contract note contains the signature of the complainant. as per ext.p3 series there are transactions up to 26-02-2007. ext.p3 series are the .....

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