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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Court: kerala Year: 2011 Page 1 of about 96 results (0.024 seconds)

Jan 19 2011 (HC)

Hydro-tech,engineers and Contractors Vs. State of Kerala

Court : Kerala

Decided on : Jan-19-2011

Reported in : ILR2011(1)Ker817

..... in the arbitration and conciliationact, 1996 (central act 26 of 1996) or in any other law for the time being in force or in anyjudgment, ..... of1872) or in the arbitration act, 1940 (central act10 of 1940) or ..... the act shall be deemed to have come into force on14th november, 1997. section 3 of the awards act provides forcancellation of arbitration clauses and revocation of authorityof arbitrator. section 3 is extracted below for convenience. "3. cancellation of arbitration clauses andrevocation of authority of arbitrator :- (1) notwithstanding anything containedin the indian contract act, 1872 (central act 9 ..... the project director was requested to indicate the convenient dates. mutual discussion is contemplated under clause 24.1 of the conditions of contract act forming part of the agreement. however, no discussion took place. the applicant invoked the arbitration clause contained in clause 24.2 of the conditions of .....

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Sep 27 2011 (HC)

Apl (India) Pvt. Ltd. Vs. Chairman, CochIn Port Trust and Others

Court : Kerala

Decided on : Sep-27-2011

..... destruction or deterioration of goods of which he has taken charge shall, subject to other provisions of this act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872, while sub-section (7) says that after any goods have been taken charge of and a receipt ..... clearly specified therein. 42. as mentioned herein before, the various services to be rendered by the board, are stipulated under section 42 of the mpt act. by virtue of sub-section (3), notwithstanding anything contained in the section, the board may, with the previous sanction of the central government, authorise ..... the goods from the containers pursuing further steps within the stipulated time as provided under section 61 and 62 of the major port trusts act (as enhanced to 75 days as per the relevant tamp orders) while continuing to collect the ground rent charges on the containers from ..... . it was issued as an interim administrative arrangement, also alerting the course to be pursued with reference to section 150(2) of the customs act. 12. sri venkiteshwaran, the learned senior counsel, who led the arguments on behalf of the shipping agents, explaining the various provisions in different ..... the date of clearance, ground rent charges are levied and collected from the importer/consignee and that the port is not legally obliged under any act, rule or regulation to effect an expeditious destuffing of containers immediately on their arrival at the port premises. due to compelling reasons, such as .....

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Sep 27 2011 (HC)

Shastha Enterprises and Another Vs. Olam International Ltd.

Court : Kerala

Decided on : Sep-27-2011

..... institution and therefore the words institutional arbitration used in the clause was vague and uncertain and/or incapable of being made certain and void under the contract act, 1872. there, the court referred to section 7 of the act, the decision of the apex court in smt. rukminibai gupta v. collector, jabalpur and others (1980 (4) scc 556) and the decision in dayananda reddy ..... not contain the seal of either the appellant or the respondent. it is contended that under the rules of centa and also the english arbitration act, and the act, the contracting parties were free to opt for the particular legal system and the particular country as venue. it is contended that there are several agreements between the parties with and without ..... in venture global. when the apex court has laid down that application under section 34 will lie even when it is excluded by contract between the parties, the exclusion of the similar provisions in the english act by the contract between the parties without exhausting an inhouse appellate remedy would certainly not apply to oust the courts jurisdiction in india. however, we do ..... . ltd. and another v. raymon and co. (india) pvt. ltd. (air 1963 sc 90), the apex court was dealing with a case under the arbitration act, 1940. the apex court held as follows: if a contract is illegal and void, an arbitration clause which is one of the terms thereof, must also perish along with it and a dispute relating to the .....

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Dec 14 2011 (HC)

Board of Trustees of Port of CochIn Vs. Jaisu Shipping Company Private ...

Court : Kerala

Decided on : Dec-14-2011

..... to be in the nature of penalty. the law on the question of damages or compensation in such types of contracts is well settled. sections 73 to 75 in chapter vi of the indian contract act, 1872 deal with the consequences of breach of contract. whether it is compensation by way of unliquidated damages falling under section 73 or whether it is compensation by way ..... of liquidated damages falling under section 74 of the contract act or whether it is compensation consequent on anticipatory breach, the claimant ..... will only be entitled to reasonable compensation. in other words, unless actual loss or damage is proved to have resulted on account of the breach of contract or rescission of contract, as the case may be, no amount by way ..... and dredging corporation of india and the materials obtained by the ist respondent by resort to the right to information act would show that both the above contractors engaged by the appellant have not performed the work in accordance with the contracts awarded to them. thus, the appellant by its conduct, had also become disentitled to the discretionary orders of the .....

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Jan 27 2011 (HC)

Dr.Surbahmaniam Swamy Vs. State of Kerala

Court : Kerala

Decided on : Jan-27-2011

Reported in : ILR2011(1)Ker833

..... developing, since the government is increasingly assuming the rule of regulator and dispenser of social services and provider of a large number of benefits including jobs, contracts, licences, quotas, mineral rights etc. there is increasing expansion of the magnitude and range of governmental functions, as we move closer to the welfare state ..... and of each state extends to carrying on of any trade or business and also to acquire, hold and dispose of property and making of contracts for any purpose. if the state has the freedom or the authority to carry on any trade or business or acquire, hold or dispose of ..... property by entering into any contract for any purpose, to believe that the state is prohibited from carrying on any trade or business either with a religious organisation or denomination ..... every action taken by the government must be in public interest; the government cannot act arbitrarily and without reason and if it does, its action would be liable to be invalidated. if the government awards a contract or leases out or otherwise deals with its property or grants any other largess, it ..... always open to him under the law to act contrary to his self-interest or to oblige another in entering into a contract or dealing with his property. but the government is not free to act as it likes in granting largess such as awarding a contract or selling or leasing out its property. whatever .....

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Apr 07 2011 (HC)

V.K. Thankappan and Another Vs. Uthiliyoda Muthukoya

Court : Kerala

Decided on : Apr-07-2011

..... hands. it may be in the form of money, negotiable instrument or any form of security or it may be goods. section 171 of the indian contract act statutorily recognises the banker's lien. to apply the banker's lien, it is not necessary that the debt in respect of which and for the ..... is a valuable right to the banker judiciously recognized and in the absence of agreement to contrary by virtue of statutory provision under section 171 of the contract act the banker has a general lien over such securities and amounts in its possession. he has the right to use the proceeds towards adjustment of the ..... counsel submitted that the right of general lien of the banker is statutorily recognised in section 171 of the contract act and money is a species of goods over which lien may be exercised. dismissal of the suit filed by the bank on the ground of limitation is ..... over securities and that it could be exercised even for realising a barred debt. he referred to section 171 of the indian contract act, which states that bankers may in the absence of a contract to the contrary, retain, as a security for a general balance of account, any goods bailed to them. the learned ..... banker's lien contemplated under section 171 has an overriding effect on general provisions of section 174 of the contract act. in air 1996 allahabad 165, it was held as follows: "16. section 171 of the act refers to the lien of banker's etc. the right of security for general balance on account of .....

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Apr 11 2011 (HC)

M/S. Shriram Transport Finance Co. Ltd., Calicut Vs. Baby, E.C. Talipa ...

Court : Kerala

Decided on : Apr-11-2011

..... in terms of section 8(1) of the a and c act. equally would be the situation if the agreement between the parties is one that would not amount to a contract in view of section 28 of the contract act. 7. it is apposite in this context to refer to the ..... [2005 (1) arb.lr 63 (ap)]. it emerges therefrom that disputes between the parties in relation to their rights, obligations and liabilities under a contract between them could be a matter for arbitration in cases where there is an arbitration agreement. even in relation to hire purchase transaction, the arbitrability of ..... person visited with actions cannot be stultified by making reference to the provisions of the a and c act. learned counsel for the petitioners point out that in many of the cases, by contract, the parties have chosen the jurisdiction of a particular court with reference to territory and therefore, ..... the parties on the basis of the agreement between them, including the arbitration agreement. therefore, if the complaint before a judicial authority is about acts or omissions which tantamount to violations of laws, including commission of offences, the arbitration agreement is no defence to oblige the judicial authority to ..... agreements consisting of commercial transactions. the finding in tml that a suit can be maintained independent of the arbitration agreement in cases where the act complained of is per se illegal and in violation of the laws, necessarily means that the subject matter of the litigation before the judicial .....

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Apr 29 2011 (HC)

D.Ranganathan Vs. Commercial Tax Inspector and Another

Court : Kerala

Decided on : Apr-29-2011

Reported in : 2011(2)ILR(Ker)647; 2011(2)KLJ805; 2011(3)KLT22(SN)(C.No.24); 2011(2)KHC471

..... it is found that the excavator is manufactured in 2004 and the same is newly painted. hence it is suspected that it is for sale or contract work within the state. the registration number of the vehicle is also not displayed. hence, the sd and cess demanded." 2. according to the ..... the culmination of such enquiry should result in an adjudication as to whether there was actual attempt to evade payment of tax due under the act. hence it is evident that, even if there existed a reasonable suspicion regarding attempt of evasion of tax, penalty can be imposed after completing ..... are being intercepted alleging non-accompanying of required documents or alleging reasons to suspect attempt at evasion of payment of tax due under the kvat act. the petitioner is challenging the imposition of penalty on the ground that it was issued without arriving at any finding regarding existence of the ingredients ..... had not arrived at any conclusive findings to the effect that there was any attempt with respect to evasion of tax due under the kvat act. therefore the petitioner seeks to quash ext.p4. 6. a preliminary objection was raised on behalf of the respondents regarding maintainability of the writ ..... hand over the detained goods along with relevant documents to the competent authority having jurisdiction under section 47(5) and (6) of the kvat act, in order to finalise the enquiry. the competent authority was directed to conduct enquiry and to finalise the matter, after affording an opportunity of hearing .....

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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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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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