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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Court: kerala Year: 2011 Page 7 of about 96 results (0.098 seconds)

Sep 19 2011 (HC)

Rajan Vs. Padmavathy Gopalan Nair and Another

Court : Kerala

Decided on : Sep-19-2011

Reported in : 2011(4)KLJ193; 2011(4)KHC383

..... not performed. learned munsiff also found that though appellant is entitled to forfeit the advance amount, it could only be subject to the provisions of section 74 of the indian contract act and appellant did not establish that he sustained any loss and therefore the respondents are entitled to realize rs.40,000/- paid as advance. a decree was granted permitting the .....

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Sep 20 2011 (HC)

M/S. S and S Enterprises Vs. V. Vasanthan and Others

Court : Kerala

Decided on : Sep-20-2011

..... executed no relief based on such agreements is sought in the writ petition. the reliefs are entirely based on exts. p1, p2 and p4 contracts entered on behalf of the state of kerala, but not on behalf of any authority under any one of the laws passed by the ..... state of kerala. the executive engineer (nh), kollam has been appointed as highway administration. the control of national highway (land and traffic) act, 2002, empowers the highway administration to exercise such powers and discharge such functions as may be necessary for the upkeep and maintain of national ..... the case may be, stand transferred to the national highways authority. 12. s.3 of the control of national highways (land and traffic) act, 2002 contemplates the establishment of a body or authority, known as "highway administration" and also authorises the government of india to specify the jurisdiction ..... is declared that r2 and r3 do not have control over national highways and state highways passing permission as contemplated under s.272 of the municipalities act, 1994 is required for erecting or displaying advertisements along (with) the national highways administered by the 4th respondent. (2) it is also ..... right over national highways and state highways passing through the municipal corporation and as such no permission contemplated under s.272 of the municipality act, 1994 is required to erect or display advertisements along the national highway. (iii) a declaration that ext. p13 agreement entered into between .....

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Sep 22 2011 (TRI)

O. Sivanandan Vs. C.K. Kumaran

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Sep-22-2011

..... of necessary party. 7. the appellant/opposite party contended that the respondent/complainant is not a consumer under the consumer protection act. 1986. admittedly, the complainant entrusted the contract work with the opposite party in the year 2002 and the said work was completed on 10.06.2002. the appellant/opposite ..... water proof work done has nothing to do with earning of profit. the complainant availed the service of the opposite party for doing the contract work of water proofing inorder to prevent leakage of water in the complainants house. the said service availed by the complainant can not be ..... the appellant/opposite party has also undertaken the work of plastering. it is further to be noted that a1 certificate would also show that the contract of chemical leak proofing work was undertaken by the opposite party without the consent or convince of the manufacturer, roofit mix water proof plaster s ..... concluded that the complainant who availed the service of the opposite party is a consumer as defined under section 2(1)(d) of the consumer protection act, 1986. hence these points are found against the appellant/opposite party. 11. points 3 and 4 :- respondent/complainant availed the service of the ..... version denying the alleged deficiency in service. he took the contention that the complainant is not a consumer coming within the ambit of consumer protection act and that the complaint is bad for non joinder of the manufacturer of ??roofit mix water proof plaster s.p. 506 ? that the .....

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Sep 23 2011 (HC)

Sithara D/O. Thulaseedharan Pillai Vs. Harikrishnan Nair S/O. Unnikris ...

Court : Kerala

Decided on : Sep-23-2011

Reported in : 2011(4)KLT492; 2011(4)KLJ570; 2011(4)ILR(Ker)528; 2011(4)KHC375

..... in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the indian evidence act, 1872. going by section 15, it is sufficient that a memorandum of the substance of what the witness deposes is recorded. the flexibility of procedure as ..... on the face of any challenge to the material produced. this is part of the wisdom emanating from section 14 of the family courts act. in the absence of any contra evidence and pleadings or any challenge to the credibility of ext. a2, the family court ought not to ..... authorised under section 10(3) is also noteworthy. the rules in the evidence act governing admission of primary evidence and secondary evidence would be of guidance as tool of fair procedure only when such a tool become necessary for application ..... court held that the particulars of the prior marriage of the respondent are not specifically pleaded and ext.a2, being only a photostat copy, cannot be acted upon. 4. appellant, as pw1, spoke about her information as to the previous marriage of the respondent. her testimony is unchallenged. her plea in ..... then had a spouse living. if her allegations are established, she is entitled to the relief in view of section 5(i) of the hindu marriage act, 1955. the family court dismissed her application. hence this appeal. 3. respondent remained ex-parte in the family court. appellant deposed as pw1. she .....

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Sep 23 2011 (HC)

N.P. Pushpangadan and Others Vs. the Federal Bank Ltd., Rep. by Its Br ...

Court : Kerala

Decided on : Sep-23-2011

Reported in : 2011(4)ILR(Ker)196; 2011(4)KLT134(FB); 2011(4)KLJ93; 2011(4)KHC40; 2012AIR(Ker)27

..... proceedings. it seems to be a misnomer. in fact it is the initial action which is brought before forum as prescribed under the act, raising grievance against the action or measures taken by one of the parties to the contract. it is the stage of initial proceedings like filing a suit in civil court. as a matter of fact proceedings under section ..... act, 1993 or any other law for the time being in force. (emphasis supplied). any law for the time being in force ..... , the prevention of unreasonable eviction of tenants from buildings and for the control of rents. sub-section (1) of section 11 of the rent control act provides that notwithstanding anything to the contrary contained in any other law or contract a tenant shall not be evicted, whether in execution of a decree or otherwise, except in accordance with the provisions of this ..... . it is also apposite to refer to section 37 of the securitisation act. section 37 states that the provisions of the act or the rules made thereunder shall be in addition to, and not in derogation of, the companies act, 1956, the securities contracts (regulation) act, 1956, the securities and exchange board of india act 1992, the recovery of debts due to banks and financial institutions .....

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Sep 26 2011 (HC)

A1 Shifa Super Speciality Hospital for Piles Vs. A1 Shifa Hospitals (P ...

Court : Kerala

Decided on : Sep-26-2011

..... the sound of one word resembles too nearly the sound of another so as to bring the former within the limits of section 12 of the trade marks act, 1938, must nearly always depend on first impression, for obviously a person who is familiar with both words will neither be deceived nor confused. it ..... evidence to show that the plaintiff has earned good will and reputation, which are entitled to be protected and also that by the act committed by the defendant, any loss has been caused to the plaintiff. these are matters for proof and not for presumption. learned counsel also drew the attention ..... is deceptive similarity. but they would go further and establish that they enjoy a good reputation and good will and also as a result of the deceptive acts said to have been committed by the defendant, they had suffered damages. in the case on hand, according to learned counsel, there is absolute want of ..... trade mark for the vindication of his exclusive right to the use of the trade mark in relation to those goods as provided under the trade marks act. the use by the defendant of the trade mark of the plaintiff is not essential in an action for passing off, but is the sine qua ..... remedy and to avail of that remedy a particular trade mark has to be registered. an unregistered trade mark gets protection under section 27 of trade marks act and passing off action was usually referred to as a common law remedy. in the decision reported in durga dutt sharma v. n.p. laboratories (a .....

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Sep 27 2011 (HC)

Apl (India) Pvt. Ltd. Vs. Chairman, CochIn Port Trust and Others

Court : Kerala

Decided on : Sep-27-2011

..... destruction or deterioration of goods of which he has taken charge shall, subject to other provisions of this act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872, while sub-section (7) says that after any goods have been taken charge of and a receipt ..... clearly specified therein. 42. as mentioned herein before, the various services to be rendered by the board, are stipulated under section 42 of the mpt act. by virtue of sub-section (3), notwithstanding anything contained in the section, the board may, with the previous sanction of the central government, authorise ..... the goods from the containers pursuing further steps within the stipulated time as provided under section 61 and 62 of the major port trusts act (as enhanced to 75 days as per the relevant tamp orders) while continuing to collect the ground rent charges on the containers from ..... . it was issued as an interim administrative arrangement, also alerting the course to be pursued with reference to section 150(2) of the customs act. 12. sri venkiteshwaran, the learned senior counsel, who led the arguments on behalf of the shipping agents, explaining the various provisions in different ..... the date of clearance, ground rent charges are levied and collected from the importer/consignee and that the port is not legally obliged under any act, rule or regulation to effect an expeditious destuffing of containers immediately on their arrival at the port premises. due to compelling reasons, such as .....

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Sep 27 2011 (HC)

Shastha Enterprises and Another Vs. Olam International Ltd.

Court : Kerala

Decided on : Sep-27-2011

..... institution and therefore the words institutional arbitration used in the clause was vague and uncertain and/or incapable of being made certain and void under the contract act, 1872. there, the court referred to section 7 of the act, the decision of the apex court in smt. rukminibai gupta v. collector, jabalpur and others (1980 (4) scc 556) and the decision in dayananda reddy ..... not contain the seal of either the appellant or the respondent. it is contended that under the rules of centa and also the english arbitration act, and the act, the contracting parties were free to opt for the particular legal system and the particular country as venue. it is contended that there are several agreements between the parties with and without ..... in venture global. when the apex court has laid down that application under section 34 will lie even when it is excluded by contract between the parties, the exclusion of the similar provisions in the english act by the contract between the parties without exhausting an inhouse appellate remedy would certainly not apply to oust the courts jurisdiction in india. however, we do ..... . ltd. and another v. raymon and co. (india) pvt. ltd. (air 1963 sc 90), the apex court was dealing with a case under the arbitration act, 1940. the apex court held as follows: if a contract is illegal and void, an arbitration clause which is one of the terms thereof, must also perish along with it and a dispute relating to the .....

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Sep 29 2011 (HC)

New India Assurance Company Ltd. Vs. Balakrishnan and Others

Court : Kerala

Decided on : Sep-29-2011

Reported in : 2011(4)ILR(Ker)311; 2011(4)KLJ374; 2011(4)KHC203; 2011(4)KLT412

..... conditions, namely: (i) a condition excluding the use of the vehicle- (a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or (b) for organized racing and speed testing, or (c) for ..... driving licence. 83. we have construed and determined the scope of sub-clause (ii) of sub-section (2)(a) of s.149 of the act/minor breaches of licence conditions, such as want of medical fitness certificate, requirement about age of the driver and the like not found to have been ..... (d) light motor vehicle; (e) transport vehicle; (f) road roller and (g) motor vehicle of other specified description. the definition clause in s.2 of the act defines various categories of vehicles which are covered in broad types mentioned sub-section (2) of s.10. they are goods carriage, heavy goods vehicle, heavy passenger motor ..... would apply the rule of main purpose and the concept of fundamental breach to allow defences available to the insurer under s.149(2) of the act. (emphasis supplied) 6. it will be apposite straight away to refer to the relevant observations in paragraphs 82 and 83 of swaran singhs case (supra ..... did not accept the contention of the appellant/insurance company that the appellant is entitled to avoid liability under section 149(2) a(ii) of the act. inasmuch as the owner/driver was not duly licenced, it was contended that the appellant was entitled to recover the amount under the proviso the section .....

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Sep 30 2011 (HC)

A.V. Joseph Vs. Joshy T. Joseph

Court : Kerala

Decided on : Sep-30-2011

..... formal deed is yet to be made. that argument of the defendant is hence overruled. 11. where no provision is made in the contract between the partners, as to duration of their partnership or for the determination of their partnership, it is a partnership at will. such a partnership could be ..... ext.a1. the operation of the contract between the parties as contained in ext.a1 can, in no manner, be treated as under any state of suspension or adjournment mainly by saying that a ..... they would have thought necessary for different purposes before authorities relating to taxation, labour etc. the legal incidences necessary to result in a partnership exist in the contract entered into between the parties as per the terms of ext.a1 and the effect of that partnership runs therefrom and on the basis of the terms of ..... of ext.a1 agreement dated 16.4.2000. it is an agreement between the plaintiff and the defendant. neither party has a case that it is not a contract. 8. the preamble to ext.a1, among other things clearly states that the first party, i.e., the defendant, is the licence holder doing business of ..... , therefore hold that ext.a1 itself constitutes a partnership and that the said firm came into being by the act parties resulting in the contract, terms of which are clearly stated in ext.a1. the date of effect of that partnership cannot be postponed to any future date merely on .....

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