Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Court: kerala Year: 2011 Page 9 of about 96 results (0.102 seconds)

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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, .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //