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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Court: kerala Year: 2011 Page 2 of about 96 results (0.032 seconds)

Jun 22 2011 (TRI)

The Manager, Bajaj Alliance General Insurance Co. Ltd. and Another Vs. ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Jun-22-2011

..... is the real owner of the vehicle vide the sale of goods act and indian contract act. the cp act does not annihilate his rights under the civil law vide sec. 3 of the cp act. it is also pointed out that the motor vehicle act does not prohibit sale by virtue of the provisions of the sale ..... ) 1 scc 221] that the insured will not be entitled to compensation from the insurer for damage to the transferred vehicle in the absence of specific contract with the insurer covering the risk for the damage to the vehicle. 7. the counsel for the respondent/complainant has stressed the fact that the opposite ..... no. 17 of india motor tariff. the tariff advisory committee is a statutory body and its regulations are binding and statutory in nature. the privity of contract is only between m/s friends global travels, new delhi and bajaj alliance insurance company. the complainant has no insurable interest over the vehicle. it is ..... damages through its surveyor. but the opposite party repudiated the claim by letter dated 31-05-2007 for the reason that there is no privity of contract between the complainant and the opposite party. the fact of the transfer of the vehicle has been intimated by the prior owner at the time of ..... of goods act and deny title to the person who has purchased the goods .....

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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 .....

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Jun 28 2011 (HC)

M/S. the National Insurance Company Ltd. Vs. Sindhu P.T. and Others

Court : Kerala

Decided on : Jun-28-2011

..... took place prior to the date of the accident. 3. the claimants contended and the commissioner accepted that section 157 of the motor vehicles act does operate and thereby the transferee steps into the shoes of the transferor/insured person. consequently, the insurer is liable to discharge the liability ..... assurance company ltd. (air 1996 sc 586) to contend that invocation of section 157 is limited to third party risks under the motor vehicles act only. a careful reading of the facts reveals clearly that the contention which was repelled by the supreme court was that the comprehensive policy of ..... the certificate and the policy of insurance in regard to the transfer of insurance." 8. the language of section 157 of the motor vehicles act is very clear. where transfer of a motor vehicle takes place, then, notwithstanding the fact that the transfer has not been specifically noted in ..... insurance. precisely to avoid such problems and difficulties of the third party victims, we find an express stipulation under section 157 of the motor vehicles act, 1988 which introduces the concept of deemed transfer of the policy of insurance. we extract section 157 below:- "transfer of certificate of insurance.-(1 ..... the purpose of chapter xi. insurer and insured are the first and second parties to the contract of insurance and the victims who are covered by section 147 are the third parties to the contract of insurance. such liability in respect of the third party/driver is compulsorily insurable. 7. .....

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Jun 29 2011 (HC)

T. Appu Vs. the Dvl.Mgr.National Insurance Co.Ltd.

Court : Kerala

Decided on : Jun-29-2011

..... a decree is passed accordingly. 32. we have considered the substantial questions law raised by the appellant/plaintiff in the second appeal touching upon section 56 of indian contract act. we are unable to agree with the contentions raised by the appellant in this regard, since, in our view, in the facts and circumstances of the case ..... questions of law have been raised in the second appeal: "1. whether the courts below were right in finding that section 56 of the contract act had no application to the facts of the case? 2. whether the interpretation placed by he courts below of the terms of the ..... break of fire was in contemplation of the parties and hence there is no frustration of contract?" 10. in the other suit filed by the appellant/plaintiff for realization of money, the insurance company, while admitting issuance of a fire insurance policy for ..... before the munsiff court contending inter alia that he was not at all liable to pay the balance bid amount, since he was frustrated from completing the contract due to reasons beyond his control. the suit was resisted by the forest and revenue recovery authorities contending that the plaintiff was liable to pay the balance ..... contract between the parties contained in exhibit a1 are sustainable in law? 3. whether the courts below were right in finding that the out .....

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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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Jun 29 2011 (HC)

Mudavangadan Abbas Vs. Kurrippurathodi Mayinkutty and Others

Court : Kerala

Decided on : Jun-29-2011

Reported in : 2012(3)KLT540; 2012(3)KLJ560

..... of the code of civil procedure. in the compromise petition, it was stated that the plaintiffs do not want the relief for specific performance of the contract and that the defendants had repaid the advance sale consideration paid by the plaintiffs to them. it is also stated that the parties agreed to bear ..... are not entitled to get refund of one-tenth of the court fee paid by them under section 4a of the kerala court fees and suits valuation act. the questions which arise for consideration in the present case did not arise for consideration in the aforesaid decisions. 10. for the aforesaid reasons, i ..... civil procedure to the lok adalat, the plaintiff would be entitled to get refund of the entire court fee as provided under section 16 of the court fees act, 1870. in aboobacker v. district collector (2006 (3) klt 670), the question which arose for consideration was, after the civil court having ordered refund ..... otherwise than on a reference under section 89 of the code of civil procedure, the plaintiff cannot take advantage of section 16 of the court fees act, 1870. to say that there was mediation as provided under section 89 of the code of civil procedure, it must be shown that the court ..... if so, the counsel contends that the plaintiffs are entitled to get refund of the entire court fee, as provided under section 16 of the court fees act, 1870. 5. section 89 of the code of civil procedure provides for settlement of disputes outside the court. section 89 reads as follows: 89. settlement .....

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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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Jul 18 2011 (HC)

Cadbury India Limited Vs. the State of Kerala

Court : Kerala

Decided on : Jul-18-2011

Reported in : 2011(3)KLT85(SN)(C.No.85); 2011(3)KHC316

..... the loss and consequences for bonafide acts done by the agent in the course of purchase or sale made by ..... affected by him on behalf of his principal; or (iv) to have acted for a fictitious or non-existent principal." we do not think the above statutory provision is in conflict with contract of agency covered by the indian contract act. the fundamental condition of agency arrangement is that the principal will take ..... and the declaration is to the effect that the selling dealer is not the last purchaser liable to pay tax. under the scheme of the act and rules, unless the purchaser who issued form 25 resells the goods to another dealer in kerala and obtain form 25 issued by such dealer ..... rate. cocobeans is admittedly an item taxable at the point of last purchase in the state as provided in the first schedule to the kgst act. even though petitioner claimed that the purchase is made through agents to whom commission only was paid, the assessing officer noticed that the petitioner' ..... for the petitioner submitted that the test of sale provided under explanation 5 to section 2(xxi) of the kgst act is not satisfied. explanation 5 to section 2(xxi) of the act sets out the circumstances under which transaction between agent and principal is treated as sale. the said explanation reads as .....

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Jul 20 2011 (HC)

S. Abdul Salam and Others Vs. Union of India Represented by Its Secret ...

Court : Kerala

Decided on : Jul-20-2011

..... to curb this menace and to attain "uniformity and certainty" that a conscious decision was taken by all the 'high contracting parties' in the concerned international conventions, to which india is also a party, finally culminating in the carriage by air act, 1972 , as amended. the scope of the legislation has to be respected accordingly; more so when the purpose of ..... receipt of the amount obtained under the personal accident insurance policy and hence the contract had become void, in view of fraud played on the respondents. 34. after discussing the relevant provisions of the act/rules, it was observed that section 5 of the act specifically excluded the fatal accidents act and also contained a 'non-obstante clause' providing for payment of compensation in ..... observed that even the fatal accidents act did not contain any provision, so as to invoke a 'set off' in respect of the amount payable under a different cause of action arising out of the personal accident insurance policy. the signing of warsaw pact on 12.10.1929 by the signatories/countries (termed as high contracting parties) with a view to codify ..... the rules in vogue in different countries and to have common or uniform rules relating to liability for the damages by common carriage involving international carriage by air, as amended by the hague protocol 1955 and the incorporation of 'first' and 'second schedules' respectively under the indian carriage by air act 1934, replaced .....

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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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