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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Court: kerala Year: 2011 Page 8 of about 96 results (0.113 seconds)

Oct 01 2011 (TRI)

M/S. Asian Paints Limited Vs. K.A. Abootty Haji Crescent Traders

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Oct-01-2011

..... complainant/borrower for realization of the loan amount due from him. the counsel for the appellant has also relied on section 132 of the indian contract act to support the case of the appellant that the appellant is empowered to proceed against the respondent/ complainant. it was also argued that there ..... contra evidence. thus, the forum below can be justified in finding that the complainant is a consumer coming within the ambit of the consumer protection act, 1986. 10. the forum below has directed the appellant/opposite party to return the colour world machine which was taken from the complainant for ..... complaint in cc.21/08. the appellant/opposite party has taken the contention that the complainant is not a consumer under the consumer protection act as he purchased the machine for commercial purpose. it is to be noted that the complainant has categorically averred that he purchased the colour world ..... was no deficiency of service and that the complainant is not a consumer coming within the ambit of the consumer protection act. thus, the appellant/opposite party prayed for setting aside the impugned order passed by the forum below and for dismissal of the complaint in cc ..... thereby the machine was repossessed by the opposite party and that the complainant is not a consumer coming within the ambit of the consumer protection act, 1986. it is also contended that the opposite party entered into re-purchase agreement with the citi bank and thereby came into the shoes .....

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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 20 2011 (TRI)

Sai Engineering and Trading Company Reptd. by C.V.Ganesh and Another V ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Oct-20-2011

..... second opposite party was not bound to register an fir for missing of the property outside his jurisdiction. the third opposite party filed written version stating that there was no contract of insurance between the complainants and the third opposite party and it is not liable to indemnify the complainants. thus, the third opposite party also prayed for dismissal of the ..... fact that the commercial concern purchased mobile handset cannot be taken as a ground to hold that the said commercial concern is not a consumer coming under the consumer protection act. it is a well settled position that there must be direct nexus between the service availed and the commercial activity of the commercial unit or concern. in this case, the .....

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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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Oct 25 2011 (TRI)

M/S. New Bharat Tyres India (P) Ltd. Vs. Kurian Abraham and Another

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Oct-25-2011

..... the 1st opposite party or to the 2nd opposite party to pay the amount spent for repairs. 3. the 1st opposite party in the version contended that there was no contract between the complainant and the 1st opposite party. there was no policy issued in favour of the complainant or that the complainant had not changed the policy in his name ..... whereby the accident and damage to the vehicle had occurred. hence it is his very case that the forums finding that the 2nd opposite party is vicariously liable for the acts of his employee which resulted is loss to the complainant is only to be upheld. he has also prayed for the dismissal of the appeal with compensatory costs. 7. on .....

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Nov 08 2011 (HC)

In Re., M.V. Jayarajan

Court : Kerala

Decided on : Nov-08-2011

..... the administration of justice by fouling its source and stream. we accordingly, find him guilty of having committed criminal contempt within the meaning of sec. 2 (c) of the act. the respondent was escalatingly indulging in scandalisation by invectively making scurrilous, offensive, vicious and malicious onslaught on the higher judiciary and that too beyond condonable limits. this conduct of the ..... statement of allegations or in the charge. it was further observed that the proceedings of the advocate general granting consent should also reflect the ingredients of section 13 of the act, if ultimately the contemnor is to be punished. in that case the division bench, after finding the contemnors guilty of criminal contempt expressed its inability to impose a ..... was found that the consent of the advocate general was a pre-requisite. this makes all the difference. there is no case for the respondent that the division bench acted on extraneous considerations by keeping the petition filed by advocate rehim pending for eventually taking suo motu action. we, therefore, turn down the contention that the earlier dismissal of ..... of kerala in w.p.(c) no. 19253 of 2010 banning roadside meetings, you committed criminal contempt within the meaning of sec. 2 (c) of the contempt of courts act, 1971 by making discreditable and denigrating remarks against the judges who rendered the above judgment, by publically saying that unfortunately some (language) (fools, idiots) are making laws sitting in .....

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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 10 2011 (HC)

Dr. Joy P. Chungath, Represented by Power of Attorney Holder, Alfo Joy ...

Court : Kerala

Decided on : Nov-10-2011

Reported in : 2012(1)KLJ745; 2012(1)ILR(Ker)977; 2012(1)KLT608

..... building. 17. in para-14 of the plaint, it is specifically stated that cause of action of the suit arose within ernakulam village where the contract entered into and where negotiations took place. 18. the counsel for the respondent further argued that the business has not been commenced at ernakulam and ..... it cannot, however, take away a statutory right with which any person under a statute has been clothed or set at naught the working of an act by becoming an hindrance in the interpretation of the same 25. relying on the above decision and other decisions, in dipak chandra ruhidas v. chandrankumar ..... above, it is manifest that the object of an explanation to a statutory provision is a) to explain the meaning and intendment of the act itself. b) where there is any obscurity or vagueness in the main enactment, to clarify the same as to make it consistent with the dominant ..... ), it is not disputed that corporation referred to in section 20 meant not only a statutory corporation but also a company registered under the indian companies act. 23. in bihta co-operative development and cane marketing union ltd. v. bank of bihar (air 1967 sc 389), the supreme court observed thus ..... a consultant (pediatric and hospital service) at kochi and represented by his power of attorney holder. the defendant is a company incorporated under the companies act and having its registered office at firosh nagar, mumbai. 3. facts: the facts relevant in the context of issue involved in this appeal can briefly .....

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