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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Court: kerala Year: 2011 Page 3 of about 96 results (0.053 seconds)

Jul 29 2011 (HC)

Punjab National Bank Rep. by Its Chief Manager Vs. the Consumer Disput ...

Court : Kerala

Decided on : Jul-29-2011

..... , housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;" under section 12 of the act, the cdrf has jurisdiction to entertain a complaint in relation to any service provided or agreed to be provided. section 3 of the said ..... other proceedings against the respondents 2 and 3, pursuant to a notice issued by the petitioner under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (sarfaesi act), for recovery of loan amounts due under a loan given to the respondents 2 and 3, on the ground that the respondents 2 and 3 have made out ..... the above referred judgments of the supreme court would make it very clear that the securitisation and reconstruction of financial assets and enforcement of security interest act is a special act while companies act is a general law. in such circumstances, with regard to enforcement of a security asset under section 34 of the securitisation and reconstruction of financial assets and ..... purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers disputes and for matters connected therewith. section 2 (o) of the said act defines 'service' thus: "service" means service or any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection .....

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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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Aug 02 2011 (HC)

Commissioner of Income Tax Vs. T.O. Abraham and Another

Court : Kerala

Decided on : Aug-02-2011

..... credits in the joint account of shri. gopinath and his wife and the return filed and payment of tax by shri. gopinath, assessments were made under s.69 of the act on the excess amount paid by the respondents over the value accounted in the sale deeds by the respondents in the purchase of property. 4. in the case of shri ..... filed by the revenue is whether the tribunal was justified in cancelling assessments on the respondent assessees made on unexplained investment under s.69 of the income tax act (hereinafter referred to as the act for short). 2. we have heard learned standing counsel appearing for the appellant revenue and learned counsel appearing for the assessee, shri. t. o. abraham. even though ..... department has filed separate appeals for restoration of the assessments. 6. learned standing counsel appearing for the revenue referred to the provisions of the fera act, which in s.67 incorporates the provisions of the customs act, 1962, namely s.107, s.108, s.138b, and submits that the statements recorded have evidentiary value. in this case, admittedly, shri. gopinath the eldest ..... member of the family, who contracted the sale of the property with the respondents clearly gave statement in his own handwriting stating that the land involved was .....

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Aug 03 2011 (HC)

Eldho Kuruvilla Vs. K.G. Abraham and Others

Court : Kerala

Decided on : Aug-03-2011

Reported in : 2012(3)KLJ228

..... advance sale consideration given to the petitioners and other defendants in the suit. in the plaint, first respondent alleged that he was constrained to rescind the contract on account of lack of marketable title for the property agreed to be conveyed and since the original owners of the property were non existent. petitioners ..... the stand that he was made to believe that it is made suitable for construction of a hotel and that it is only later invoking the rti act that he learned that it is a cardamom estate. question nos.14 and 15 in my view are not relevant for a decision. 14. the ..... first respondent, he was made to believe that the property agreed to be sold is suitable for construction of a hotel and later, invoking provision of rti act he learned that it is cardamom plantation. in the replication, in answer to the counter claim, he contended that the property which is the subject matter ..... to him, as per the information given to him was suitable for construction of a hotel but, he learned from the information collected under the rti act that it is a cardamom estate. it is contended that according to the first respondent he could not have entered into an agreement for purchase of ..... suitable for construction of a hotel but, later as against the information that was given to him he learned under the right to information act (for short, "the rti act") that the properties proposed to be sold are cardamom estate or agricultural land. it was also pointed out by him in paragraph 13 of .....

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Aug 12 2011 (HC)

Jeena Vs. Satheesh Babu.K. and Others

Court : Kerala

Decided on : Aug-12-2011

..... regulatory directions, we do not think that would in any way offend the law. nor can it be contended that freedom of contract cannot be fettered by such a stipulation in the act or the rules. remuneration disproportionate to work is conceptually sin, exploitation or atleast impropriety. it is ethically anathema to a professional ..... in the matter. i) the m.a.c.t has jurisdictional competence to award costs in claims under sections 163a and 166 of the motor vehicles act. ii) the jurisdiction to direct costs is purely discretionary; but tribunals must apply their mind on the question in all cases. there must be a ..... that the procedure contemplated under rule 196 can certainly be followed satisfactorily before the free copy is issued under section 168(2) of the m.v.act. our direction to the tribunals to follow the principles under rules 195 and 196, we are satisfied, shall not in any way offend the mandate ..... to award cost even in the absence of a specific statutory provision. we do first of all note that under section 168 of the m.v.act, the primary mandate to the tribunal is to determine the amount of compensation which appears to be just. we have absolutely no hesitation to agree ..... of cost. the counsel were requested to research and offer assistance. it is pointed out that there is no specific provision either in the motor vehicles act or in the central or state rules justifying or authorizing tribunals to issue a direction for payment of costs. our attention has been drawn to section .....

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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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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 .....

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Sep 01 2011 (HC)

A.C. Bhnunni @ Valluvanattukara Vs. the Commissioner, Hindu Religious ...

Court : Kerala

Decided on : Sep-01-2011

..... now stands provides for the constitution of the board namely malabar devaswom board. the chief executive officer of the board is the commissioner appointed under section 8 c of the act. the act also provides for the appointment of the deputy commissioner, area committee and temple advisory committees. it also stipulates the powers, functions and duties of the respective bodies. the power ..... hereditary trustee. section 57 empowers the deputy commissioner to settle certain disputes and maters. section 100 empowers the state government to make rules to carry out the purpose of the act. it also stipulates the matters in regard to which the rules could be made. 27. in the decision reported in bhanunni v. commissioner, hindu religious and charitable endowments (admn.) ..... trustees thereof. (a) for persistent default in the submission of budgets, accounts, reports or returns, or (b) for willful disobedience of any lawful order issued under the provisions of this act by the state government, the commissioner or deputy commissioner, the area committee or the assistant commissioner, or (c) for any malfeasance, misfeasance, breach of trust or neglect of duty in ..... . is constituted by a notification of the government under s.7 of the h.r. and c.e. act. it is a body corporate, having perpetual succession and common seal, with power to acquire, hold and dispose of properties and to enter into contracts and may sue and be sued in its name,. its constitution is in terms of the statutory provision .....

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Sep 01 2011 (HC)

Kerala Co-operative Milk Marketing Federation Ltd. Vs. State of Kerala

Court : Kerala

Decided on : Sep-01-2011

..... the election commission for implementing the resolution. 5. the managing director of the federation forwarded a copy of the said resolution along with letter no.14/mmg/1872 dated 2.5.2011 to the government. the said letter reads as follows: no.14immgi1872 dated 2nd may, 2011 principal secretary, agriculture (dairy) department ..... agreement it is inter alia stipulated that the state undertakes not to take any action to restrict the power of the co-operative institutions to act in accordance with sound economic and financial practices, to fix the price for their products, the price paid for milk collected from their members ..... be increased only with the concurrence/approval of the government and that the register of dairy co-operatives is empowered under the provisions of the act and the kerala co-operative societies rules, 1969 (hereinafter referred to as the rules for short) to interfere with the decision taken by ..... or the selling price of milk, that the high range dairy co-operative society, chengulam, a primary dairy co-operative society registered under the act, is selling milk at `30/- per litre, that other similar societies are also selling milk at higher prices and that the registrar of dairy ..... the state. s.9 of the act stipulates that the registration of a society shall render it a body corporate by the name under which it is registered, having perpetual succession and a common seal and with power to hold property, enter into contracts, institute and defend suits and other .....

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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 .....

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