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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Court: kerala Year: 2011 Page 6 of about 96 results (0.027 seconds)

Nov 26 2011 (TRI)

The Manager, National Insurance Co. Ltd. Vs. B.A. Abdulla Kunhi and An ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Nov-26-2011

..... the vehicle after 2 weeks and thereafter the 2nd opposite party absconded along with the vehicle. we find that there is no scope for treating the above transaction as a contract as there is no consideration and hence the contention that on claim arose out of contractual liability cannot be sustained. 8. as per ext.b3 policy the company has undertaken ..... to indemnify the insurer against loss or damage of the vehicle by burglary, house breaking or theft etc. and by malicious act vide section 1(vii) of policy. evidently the act that involved comes within the amplitude of ??malicious act ? . hence the above contention of the appellant is liable to be rejected . it is seen from ext.a9 rc book that vehicle ..... the insured against loss or damage of the vehicle by burglary, house breaking or theft, by accidental external means and by malicious acts etc. the action of 2nd opposite party in the instant case is nothing but a malicious act and hence it was held that the opposite parties are liable to indemnify the complainant. 6. the counsel for the appellants has .....

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Dec 03 2011 (HC)

Satheesh Vs. Parur Municipality

Court : Kerala

Decided on : Dec-03-2011

..... smt. anitha ravindran, learned government pleader appearing for the second respondent. the impugned order reads as follows: referring to the above sri. satheesan has applied for the grant of fresh contract carriage permit in respect of autorickshaw bearing registration mark kl 07 w 5652 with parking place at kannankulangara junction at n. paravur. the said junction is within the north paravur ..... therefore of the opinion that ext.p3 order cannot be sustained. though the learned counsel appearing for the first respondent contended with reference to s.472 of the kerala municipalities act that the municipality can insist that restrictions should be imposed on the number of permits issued with halting place in the cart stand provided by it, i am of the ..... . s.117 of the motor vehicles act and s.475 of the kerala municipalities act deal only with parking places and halting stations and not with number of permits. i am therefore of the opinion that the stand taken by the ..... in my opinion empower the local authority to say that its views regarding the number of permits to be issued under the motor vehicles act are binding on the regional transport authority. s.117 of the motor vehicles act also does not empower the local authority to contend that it has a say in the number of permits which can be issued .....

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Dec 08 2011 (HC)

Dr. B. Ashok Ias, Vive Chancellor Wayanad Dist. Vs. Chancellor, Kerala ...

Court : Kerala

Decided on : Dec-08-2011

..... of his appointment.the kerala university of health sciences act, 2010 - section 10(5)(i) 10(5)(i). the person appointed as the vice-chancellor shall, subject to the terms and conditions of his contract of service hold office for a contract period of five years from the date on which ..... he enters upon office or till he attains the age of seventy years, whichever is earlier.nationaluniversityof advanced legal studies act, 2005 -sections 27(5) and (6) ..... 27(5). notwithstanding anything contained in this act or the regulations, ..... is eschewed, no government or authority has the right to do what it pleases. the doctrine of pleasure does not mean a licence to act arbitrarily, capriciously or whimsically. it is presumed that discretionary powers conferred in absolute and unfettered terms on any public authority will necessarily and obviously ..... submissions of learned additional solicitor general have no legs to stand." actually, the said decision turned on the specific terms of section 4 of the act therein. herein, the situation is different, in the light of the specific terms of section 12(7). therefore, herein it cannot be said that .....

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Dec 09 2011 (HC)

Fertilisers and Chemicals Travoncore Limited Vs. K.A. Ayyappan Pillai, ...

Court : Kerala

Decided on : Dec-09-2011

..... to 4 also supported and supplemented the submissions, as aforesaid with reference to the materials on record. 9. the scope of engagementwith reference to the provisions under the contract labour (regulation and abolition) act, 1970 has been well explained by the constitution bench of the apex court in steel authority of india ltd. v. national union water front workers (2001 (7) ..... of the management. 2. respondents 1 to 6 were admittedly the workers of a society, functioning in the name and style as udyogamandal labour contract co-operative society, (a society registered under the kerala co-operative societies act/rules), engaged for the purpose of branding/stenciling gunny bags purchased by the petitioner company (which is a govt. of india enterprise) from ..... they existed before and after the amendment in 1986, have been discussed in detail. if there was a notification prohibiting the contract labour under section 10 of the act, whether the employees would get automatic regularization, was also a matter considered by the bench and it was held, among other points, that even in such a case, ..... was held that, in the absence of a notification under section 10 of the contract labour (regulation and abolition) act, 1970 prohibiting the employment of contract labour in the operation of cargo handing work, the workmen employed as contract labourers were not entitled to claim absorption and that the contract labourers were not direct employees of the appellant therein. in a still recent case .....

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Dec 09 2011 (HC)

The Aerens Gold Souk International Ltd. and Others Vs. M/S. Parthas Te ...

Court : Kerala

Decided on : Dec-09-2011

..... with the power of the court to refer parties to arbitration where there is an arbitration agreement. hudson in 'buildings and engineering contract' at page 1579 in criticism of sec.5 of the act wrote: "it would be seen that there has been a wide- spread movement by influential interest in the arbitration process against control by the courts, supported by many ..... executed between the parties contain arbitration clauses. it is relevant to note that under sec.16(1)(a) of the act, an arbitration clause which forms part of a contract shall itself be treated as an agreement independent of other terms of the contract. petitioners filed i.a. no.3287 of 2010 in the suit requesting for arbitration before they submitted their first ..... agreements with interest at the rate of 18% per annum alleging that first petitioner committed breach of the contracts. 3. petitioners filed i.a. no.3287 of 2010 in the suit under section 8 of the arbitration and conciliation act, 1996 (for short, "the act") claiming that anchor i and ii, agreements (marked as annexures-a and b, agreements in the civil revision ..... 3 of order ii of the code unites the various causes of actions arising from the independent contracts in one suit, it is not as if the power of court under sec.8 of the act to direct parties to arbitration with respect to those contracts which contain arbitration clause is taken away by such joinder of causes of action. i am inclined .....

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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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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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