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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Court: kerala Year: 2011 Page 5 of about 96 results (0.026 seconds)

Oct 03 2011 (HC)

Sivasankara Pillai and Another Vs. Narayana Pillai and Others

Court : Kerala

Decided on : Oct-03-2011

..... doctrine of equity and principles of natural justice and not on privity of contract. the provision of section 92 of transfer of property act recognizes the same equity of re-imbursement as underlined in section 69 of the indian contract act that a person interested in payment of money, which another is bound by ..... under subrogation, the legal concept means substitution applied on the english law principle even earlier, inserted now as section 92 of the transfer of property act, the rights that are created in favour of a co-mortgagor as a result of discharge of debt are, so far as regards redemption, ..... could not have redeemed the mortgage by deposit of his proportional share of the mortgage money in view of section 60 of transfer of property act. defendant was admittedly the eldest member of the family and thus the karanavan. ext.a1 establishes that fact. it is therefore clear that the ..... became irredeemable and thus plaintiffs lost the right to redeem the mortgage over their proportionate share, as provided under section 27 of the limitation act and therefore held that item no.1 of the plaint schedule properties are not available for partition. learned additional district judge on re-appreciation of ..... law to pay, and who therefore pays it is entitled to be reimbursed by the other. such a payment carries with it at times an equitable charge under section 92 of the transfer of transfer act, .....

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Oct 14 2011 (HC)

Kerala State Private Bus Operators Federation Vs. Insurance Regulatory ...

Court : Kerala

Decided on : Oct-14-2011

..... policy holders in matters concerning assigning of policy, nomination by policy holders, insurable interest, settlement of insurance claim, surrender value of policy and other terms and conditions of contracts of insurance; (c) specifying requisite qualifications, code of conduct and practical training for intermediary or insurance intermediaries and agents; (d) specifying the code of conduct for surveyors ..... business; (f) promoting and regulating profession organizations connected with the insurance and re-insurance business; (g) levying fees and other charges for carrying out the purposes of this act; (h) calling for information from, undertaking inspection of, conducting enquiries and investigations including audit of the insurers, intermediaries, insurance intermediaries and other organizations connected with the insurance business ..... conditions that may be offered by insurers in respect of general insurance business not so controlled and regulated by the tariff advisory committee under section 64u of the insurance act, 1938 (4 of 1938). (rest omitted as not relevant) section 14(2)(i) would show that in addition to the general powers contained in sub-s.( ..... be offered by insurers in respect of general insurance business not so controlled and regulated by the tariff advisory committee (second respondent) under s.64u of the insurance act, 1938. the learned counsel for the appellants would submit that by virtue of s.64uc, it is the authority of the 2nd respondent to issue orders from .....

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Oct 19 2011 (HC)

Basheer M.M. and Another Vs. State of Kerala, Represented by Its Secre ...

Court : Kerala

Decided on : Oct-19-2011

..... . against starting new retail outlets nearby areas, appellants have no right to oppose the same. further finding of the learned single judge is that if there is any breach of contract of any provision, express or implied, the remedy of the appellants is only before civil court, that too, for damages and not against setting up of new petroleum outlets. we ..... given allotments on certain priorities for starting retail business in petroleum wherein there is implied guarantee that the omcs. which are public sector companies which made the allotments, will not act detrimental to the interest of the existing dealers. it is worthwhile to note that article 46 provides for economic upliftment of the downtrodden, particularly of the scheduled caste and scheduled ..... are unable to uphold any of the finding because in our view, the petroleum act and rules have inherent limitations, the most important of which is that omcs, should not indiscreetly start retail petroleum outlets leading to loss for themselves which in turn is adverse ..... provided is 0.50 kilo litres. the learned single judge, however, rejected the norms prescribed by the government for the reason that state government has no authority under the petroleum act and rules to prescribe any norms for setting up or permitting new retail outlets. so far as the noc to be issued by the district collector under rule 144 of .....

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Oct 24 2011 (HC)

Delhi Telecom India (P) Ltd. Vs. S.i. of Police

Court : Kerala

Decided on : Oct-24-2011

..... the case at hand it is evident that the petitioner company is neither a service provider nor a infrastructure provider, but they are only a contracting company constructing tower no behalf of the infrastructure provider. therefore we are not proposing to enter upon any finding as to whether the infrastructure provider ..... establishment of any telegraph is intended for use of a licenced service provider, such establishment or maintenance or working can only be construed as an act for and on behalf of the licenced service provider. therefore, the contention is that, once the service provider is licenced under s.4 the ..... company which had undertaken the work of erection of a telecom tower is not under any obligation to get licence under s.4 of the telegraph act unless they establish, maintain or operate a telegraph. 6. further question arises as to whether the infrastructure provider, m/s. indus towers ltd. ..... length. contention of sri.aslam is to the effect that ext.p5 registration cannot be considered as a licence contemplated under s.4 of the telegraph act, and without there being any such valid licence the petitioner company is not entitled to establish, maintain and work a telegraph. per contra, sri. ..... of site plan and that no installation permission was obtained from the 3rd respondent panchayat under s.233 (1)(b) of the kerala panchayat raj act required for establishment of any machinery. 4. arguments of sri.krishna prasad s, learned counsel for the petitioner and sri.m.p.m.aslam, .....

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Nov 09 2011 (HC)

The Commonwealth Trust (India) Limited, Calicut, Rep. by Its Executive ...

Court : Kerala

Decided on : Nov-09-2011

Reported in : 2012(1)KLT356; 2012(1)KLJ255; 2012(1)ILR(Ker)512; 2012(1)KHC268

..... statutory requirement. 3. over and above the payment as aforesaid, the petitioner contends that, the petitioner has been effecting other statutory payments, particularly under the employees provident fund act, esi act and various other labour enactments. by virtue of the nature of the operations being pursued by the petitioner and the adverse market conditions coupled with other relevant factors, the very ..... 23. social security and social insurance; employment and unemployment the learned government pleader also submits that, the basic contention of the petitioner is that, the contribution payable under the act will amount to a tax free, for which no power is traceable to the relevant entries under the 7th schedule and as such, the amendment is without jurisdiction, ..... the law declared by this court, as per the decision rendered in sivaraman vs. state of kerala (2000 (2) klt 85), wherein it has been held that the act does not contemplate any such liability upon the dealer. the learned counsel further submits that, there is absolutely no rationale for enhancement of the contribution, in more particular, the ..... validity of the said amendment by filing this writ petition. during the pendency of the above proceedings, the ordinance was replaced by the kerala handloom workers welfare fund (amendment) act 2001, and the writ petition was got amended accordingly. 4. the respondents have filed separate counter affidavits, pointing out that, the amendment is very much within the power and .....

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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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Nov 15 2011 (HC)

Jameela Bose Vs. State of Kerala and Others

Court : Kerala

Decided on : Nov-15-2011

..... the explanation given to the words near relative in sub-s.(3). i am not inclined to accept that contention also. going by the general clauses act, the word brother-in-law which occurs in the explanation would include sister-in-law as well. for all the above reasons, i am not ..... demanded is not an arrear due on any land, that amount will become arrears due on land only when the demand notice under the revenue recovery act is served on the defaulter. i am not inclined to adopt that construction also. for recovery of amounts other than the arrears of revenue due on ..... atleast in 1999. the block development officer issued ext.r3(b) dated 18.5.2002 to the 5th respondent. s.44 of the kerala revenue recovery act reads as follows-. 44. effect of engagements and transfers by the defaulter.-(1) any engagement entered into by the defaulter with any one in respect ..... as follows: all sums found due to the government under or by virtue of the present contract shall be recoverable from the convenor and his properties, movable and immovable, under the provisions of the revenue recovery act for the time being in furtherance through the same were arrears of revenue or in any other ..... respondent transferred certain properties belonged to him in favour of the petitioner. the said property has been proceeded against under s.44 of the kerala revenue recovery act, 1968 for amounts due from the 5th respondent to the government. that is under challenge in this writ petition. the contention is that, s.44 .....

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Nov 19 2011 (HC)

The Regional Director, E.S.i. Corporation, Thrissur Vs. M/S. Mrf Ltd., ...

Court : Kerala

Decided on : Nov-19-2011

..... the dispute between them shall be tried in one of such courts is not contrary to public policy. such an agreement does not contravene section 28 of the contract act. in paragraph 31, the court quotes from halsburys laws of england as follows: 31. in halsburys laws of england, (4th edn.), reissue ..... also, inter alia, held as follows: 24. upholding the contention and considering the provisions of the code as also of the contract act, this court stated: (scc p.288, para 4): by clause 13 of the agreement it was expressly stipulated between the parties that the ..... jurisdiction of a foreign court; indeed in such cases the english courts do permit invoking their jurisdiction. thus, it is clear that the parties to a contract may agree to have their disputes resolved by a foreign court termed as a neutral court or court of choice creating exclusive or non-exclusive ..... matter, they are called courts of available or natural jurisdiction. the growing global commercial activities gave rise to the practice of the parties to a contract agreeing before hand to approach for resolution of their disputes thereunder, to either any of the available courts of natural jurisdiction and thereby create an ..... other than the court where the property is situate can entertain such suit. hence, even if there is an agreement between the parties to the contract, it has no effect and cannot be enforced. 35. in setrucherlu ramabhadraraju v. maharaja of jeypore a suit was instituted in the subordinate court for .....

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Nov 23 2011 (HC)

Sujatha Vs. Mariayamma Xavier and Others

Court : Kerala

Decided on : Nov-23-2011

..... or building or both granted by the administrative general, official trustee or official receiver. going by the plain meaning of section 3 of the act it appears to me that notwithstanding anything contained in the decree in favour of respondents/landlords, they are interdicted from evicting petitioner from the ..... aside having failed, petitioner cannot contend in the executing court that she is a kudikidappukari entitled to the protection of section 3 of the act. learned counsel pointed out that in such situations the rule of constructive res judicata based on might and ought, theory under explanation iv ..... a member of any scheduled caste or scheduled tribe. according to the learned counsel, the non-obstante clause in section 3 of the act is sufficient to show that notwithstanding that respondents have obtained a decree for eviction in their favour, that decree cannot be executed as petitioner ..... hence is not liable to be evicted from the said homestead and land in view of section 3 of the kerala prevention of eviction act, 1966 (for short, the act). learned munsiff negatived the contention holding that petitioner has not obtained purchase certificate from the land tribunal (for short, the tribunal), ..... . 21. now i shall come to the question whether section 3 of the act is applicable? the said provision reads: prevention of eviction. -- notwithstanding anything to the contrary contained in any other law or in any contract, custom or usage, or in any judgment, decree or order of court, .....

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Nov 24 2011 (TRI)

Sheela and Others Vs. Lic of India, Rep. by the Zonal Manager and Othe ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Nov-24-2011

..... committee rejected the complaint and the same was communicated on 11.12.2004. it is contended that the assured was an educated man capable of forming a contract. the opposite parties are not liable to honour such a claim. 8. the 5th opposite party /development officer has filed separate version denying the allegations in ..... recommending lives for insurance. in the letter issued by the divisional manager dtd. 20.1.2005, it has been held that the development officer has acted in a manner prejudicial to the interests of the corporation. it is pointed out that he should have made all reasonable enquiries with regard to the ..... accepting the proposal. 7. the l.i.c. is entitled to repudiate the claim and declare the policy void as per section 45 of the insurance act, 1932. the complainant had taken up the matter with divisional manager, chennai and the matter was considered by the claim review committee consisting of a retired ..... caused to him on 6.3.2002. the assured died by drowning due to an accident. 3. the complainants are in very poor circumstances. the act of the opposite parties repudiating the claim is illegal. it is further alleged that the opposite parties 5 and 6/development officer and agent respectively are the ..... in the form for joining in the policy. the 6th opposite party/agent was fully aware of the above fact. he brought a proposal form and acting as the agent of the l.i.c. enquired and collected the details and asked the deceased to put his signatures where ??x marks are put .....

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