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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Court: kerala Year: 2011 Page 10 of about 96 results (0.032 seconds)

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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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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Dec 23 2011 (HC)

M/S. Reliance Security Agency, Prem Buildings, Near Sndp Union Office, ...

Court : Kerala

Decided on : Dec-23-2011

Reported in : 2012(3)KLT40(SN)(C.No.41); 2012(3)KLJ108

..... security personnel deployed to cater to the requirements of the service receivers, for which the service receivers effect the payment to the service providers, as per the terms of the contract. the 'master and servant' relationship is between the security agency and the security personnel engaged and not between the service receivers and the security personnel. the service providers like ..... the madras high court in respect of 'security agencies', which stands against the petitioners. 7. service tax, which is an indirect tax,was introduced in india vide the finance act, 1994 (act 32 of 1994), which was legislated by the parliament under the residual entry, ie., entry no.97 of list 1 of seventh schedule of the constitution of india. section 65 ..... by providing security personnel or otherwise and includes the provision of services of investigation, detection or verification of any fact or activity. by virtue of the very nature of the act , the tax burden is to pass on to the beneficiary and as such the petitioners cannot be stated as aggrieved in any manner, submits the learned central government counsel. ..... to be the members of the said association. in fact, the said association is stated as registered under the provisions of the travancore- cochin (literary, scientific and charitable societies) registration act. the grievance is mainly with regard to the steps taken by the respondents to mulct the liability towards service tax upon the members of the association under various heads; by .....

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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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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 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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