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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Court: allahabad Year: 2011 Page 1 of about 75 results (0.023 seconds)

Jan 21 2011 (HC)

Vijai Singh Vs. Samar Singh and Another

Court : Allahabad

Decided on : Jan-21-2011

..... sufficient cause for not preferring the appeal or making the application within such period. 29. savings. (1) nothing in this act shall affect section 25 of the indian contract act, 1872. (9 of 1872.) (2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from ..... question of extending the time could therefore arise. we therefore think that the high court misdirected itself in referring to section 5 of the limitation act." 6. thereafter there are several other authorities of the supreme court taking similar view. the two latest authorities of the supreme court reported in ..... or making the application within such period." the collector to whom the application was made was not a court, though section 15 of the act vested him with certain specified powers under the code of civil procedure; also, the kind of application that was made had no time limit ..... 5 could be invoked in connection with the application made on october 17, 1965 by the first respondent. under section 5 of the limitation act an appeal or application '' may be admitted after the prescribed period if the appellant or applicant satisfies the court that he had sufficient cause for ..... 2. this writ petition is directed against order dated 29.10.1997 passed by district registrar, jalaun in an appeal under section 72 of registration act 1908 samar singh vs. vijai singh. through the impugned order 3 months and 24 days delay in filing appeal has been condoned. the sale .....

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Dec 22 2011 (HC)

Harihar Cold Storage Vs. P V V N L. and Another

Court : Allahabad

Decided on : Dec-22-2011

..... charges is unexceptionable in a contract of this nature wherein the board is entrusted with the duty of generation, transmission and supply of electrical energy, has in order to fulfil its obligation laid down lines ..... to have incurred expenses to get the transformer repaired at their own costs which is required to be adjusted against the outstanding bills raised by the licensee. under the electricity act and electricity code, 2005, it is they duty of the licensee to get the transformer repaired within a period of 15 days. it does not contemplates that the ..... consumer shall be prepared. (b) where licensee discovers that connection has been re-connected unauthorisedly after temporary disconnection, licensee may initiate action as per provisions of section 138 of the act." 17. according to the respondents, cause of disconnection is non-payment of november, 2005. the case of the petitioner is that the electricity supply remained disconnected on account of ..... urban rate scheduled once the supply of electricity was made from the rural feeder, for which there is a different scheduled?" 7. there is no dispute that the electricity act provides for recovering minimum consumption charges from the consumer irrespective of the fact that the energy has not been consumed by the petitioner. any stipulation for payment of minimum guaranteed .....

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Nov 04 2011 (HC)

M/S. Acurite Contractors and Engineers Vs. Allahabad Agricultural Inst ...

Court : Allahabad

Decided on : Nov-04-2011

Reported in : 2012AIR(NOC)113

..... committee intimating the applicant that the committee had earlier requested the applicant's representative to submit rates of different items used by the applicant in carrying out or completing the contract but as the rates have not been furnished as promised, the same may now be furnished within three days to facilitate the committee's work. the applicant himself in ..... to amount admissible to the applicant under the said contracts. the said dispute was resolved and a memorandum of understanding (in short 'mou') was arrived at between the parties on 19.12.2006 wherein the balance amount admissible to the ..... consultancy work has filed this application for appointment of arbitrator. the above application has been field on the allegations that the applicant was awarded various contracts by the respondents namely allahabad agricultural institute (in short 'institute') for construction as per the rates prescribed and even for consultancy work. however, some dispute arose with regard ..... act reads as under:- arbitration agreement:- (1) in this part, arbitration agreement means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship whether contractual or not. 2. an arbitration agreement may be in the form of an arbitration clause in a contract .....

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Oct 19 2011 (HC)

M/S. Modern Rice Mill Vs. Mvvnl and Another

Court : Allahabad

Decided on : Oct-19-2011

..... agreement with erstwhile u.p. state electricity board (hereinafter referred to as 'upseb') for supply of electrical load of 45 kilo watt (60 horse power) which is known as "contracted load" under the statute. a digital electronic computerized meter was installed at petitioner's premises vide sealing certificate dated 8.2.2005 installing electric meter bearing no. upe 53367/ebm ..... petition). the ee vide letter dated 8.9.2006 advised the petitioner to approach superintending engineer by filing an appeal. since appeal lie before the commissioner under section 127 of act, 2003, the petitioner filed memo of appeal (annexure 9 to the writ petition) before the commissioner, bareilly. it appears that the appellate authority sought comments from ee which ..... original meter. (iv) if the assessing officer reaches to the conclusion that unauthorised use of electricity has taken place (as defined under explanation to section 126 of the electricity act, 2003), it shall be presumed that such unauthorized use of electricity was continuing for a period of three months immediately preceding the date of inspection in case of domestic and ..... one third of the amount assessed by the assessing officer, with the licensee and encloses documentary evidence of such deposit with the appeal. note: section 145 of the electricity act provides that no civil court shall have the jurisdiction to entertain any suit or proceeding in respect of any matter, which an assessing officer, or an appellate authority appointed, .....

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Oct 14 2011 (HC)

M/S. Mohit Paper Mills Ltd. and Another Pvvnl and Others

Court : Allahabad

Decided on : Oct-14-2011

..... is reasonably suspected of having committed an offence of theft of electricity punishable under this act, a sum of money by way of compounding of the offence based on contracted load as specified in the act. same as in column (2) iv. the payment of the sum of money ..... electricity to the quantum of 1500 kva. this 1500 kva is the sanctioned and agreed load termed as 'contracted load' under statute. 'presently pashimanchal vidhyut vitran nigam ltd., a company incorporated under companies act (hereinafter referred to as 'pvvnl'), a subsidiary company of u.p. power corporation ltd. (hereinafter ..... amount. the aforesaid clause as initially made, was replaced by commission's notification dated 11.8.2006 but after the amendment of act 2003 by act no. 26 of 2007 it underwent amendment by notification dated 27.3.2008/14.6.2008 with effect from 14.6.2008. ..... restoration of supply of electricity, tampering, distress or damage to electrical plant, electric lines or meter, entry of distribution licensee or any person acting on his behalf for disconnecting supply and removing the meter, entry for replacing, altering or maintaining electric lines or electrical plant or meter. 50 ..... generate confidence else the consequential proceeding based solely on defective inspection may also fail. 87. the assessment, provisional or final, is contemplated by the act, 2003 on the basis of "best judgment assessment" of the assessing officer. the term "best judgment assessment" according to which the assessing officer .....

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Sep 30 2011 (HC)

Re: in the Matter of Matrimonial Disputes Vs. State of U.P. and Others

Court : Allahabad

Decided on : Sep-30-2011

Reported in : 2012(3)KLT49(SN)(C.No.50)

..... compensation for causing injuries (including mental torture). "custody orders" (section 21) for custody of the child to the woman (including visiting rights) for the respondent. criminal proceedings under this act have been allowed only as a last resort, under section 31 when the respondent commits a breach of a protection order, or where at the stage of framing charges for ..... rights include "protection orders" (section 18) prohibiting the respondent from committing any act of violence, visiting the place of work, operating the common bank locker, making telephonic contact etc. "residence orders" (section 19), which restrain the respondent from dispossessing a woman from ..... . 498-a ipc was made compoundable with the permission of the court.a good option for providing recompense to the maltreated woman is "the protection of women from domestic violence act, 2005" which provides for a gamut of civil rights for the aggrieved woman who has entered into a domestic relationship with a man, with or without marriage. such civil ..... when an aggrieved wife approaches the police for relief, because she has been subjected to cruelty. if the matter is unduly prolonged in the mediation process, the delay could act as a shield to protect the accused from facing the penalty of law, causing frustration and bitterness for the aggrieved wife. notice should as far as possible be served personally .....

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Sep 21 2011 (HC)

State Bank of Patiala Vs. the Chair Person Drat and Others

Court : Allahabad

Decided on : Sep-21-2011

..... . considering the authorities above, wherein various judgments of the apex court and other high courts cited on behalf of the parties to argue that act 1963 ought not be applied to the proceedings under section 17(1) have been discussed threadbare, and distinguished, with which i find myself in ..... of debts due to banks and financial institutions act, 1993 (51 of 1993) or any other ..... on 10.3.2007. it is said that no objection/ representation was filed by mortgagors before the bank under section 13(3) of the act 2002. however, alleged representation/objection given on 8th march 2007 was rejected by the bank on 22nd march 2007. the borrowers thereafter filed another ..... laws not barred. the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the companies act, 1956 (1 of 1956), the securities contracts (regulation) act, 1956 (42 of 1956), the securities and exchange board of india act, 1992 (15 of 1992), the recovery ..... law for the time being in force. 17. the word debt recovery tribunal mentioned and used in section 17 of act .....

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Sep 05 2011 (HC)

Leelajay Technologies Pvt. Ltd. Vs. Dr. Bhimrao Ambedkar University an ...

Court : Allahabad

Decided on : Sep-05-2011

..... the finance officer dated 20.6.2011. according to the applicant the vice chancellor himself was instrumental in cancellation of the contract/agreement. he will not be able to act fairly in the matter and therefore, the applicant by means of his notice dated 16.7.2011 requested the finance officer ..... it is settled law that court cannot interpose and interdict the appointment of an arbitrator, whom the parties have chosen under the terms of the contract unless legal misconduct of the arbitrator, fraud, disqualification etc. is pleaded and proved. it is not in the power of the party at his ..... vs. tata finance ltd. and another, 2000 (8) scc 151, bhupinder singh bindra vs. union of india and another, air 1995 sc 2464, ace pipeline contracts private limited vs. bharat petroleum corporation limited, 2007 (5) scc 304, para 21, national highways authority of india and another vs. bumihiway ddb ltd. (jv) ..... has hopelessly failed to establish any relevant fact which can lead this court to believe that vice chancellor will not be able to act independently while acting as arbitrator in respect of the dispute between the parties. from the record it is apparent that the applicant has not made any ..... said notice even after expiry of more than 30 days. the applicant has approached this court under section 11 of the arbitration and conciliation act, 1996 for appointment of arbitrator. counsel for the applicant submits that although under the agreement it was agreed between the parties that vice chancellor .....

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Aug 20 2011 (HC)

Smt. Tarannum Khatoon Vs. Branch Manager, L.i.C. of India Ghazipur and ...

Court : Allahabad

Decided on : Aug-20-2011

..... issuing the policy. the medical examiner of the corporation having examined the assured and submitted a favourable report regarding his health, the life insurance corporation cannot wriggle out of the contract by saying that it was void or voidable at its option. it is not a case where the l.i.c. of india would not have consented to the ..... contract of the insurance but for misrepresentation or suppression of material facts. the facts of the present case are distinguishable from mitthoolal nayak's case (supra). in the said case the ..... and other staff including the medical practitioner who has examined the person insured owe a responsibility to the person to whom they sell insurance and they are presumed to be acting in the interest of the corporation. the l.i.c. of india cannot disclaim the liability to make payment of assured amount under life policy no. 310786680 for the ..... acts and omissions of its development officer or medical practitioner appointed by it to examine the deceased before accepting the proposal. another judgement which has been relied upon by learned counsel .....

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Aug 08 2011 (HC)

icici Lombard General Insurance Company Ltd. Vs. Deep Chand @ Pappu an ...

Court : Allahabad

Decided on : Aug-08-2011

..... proviso thereunder and sub-section (5) which are intended to cover specified contingencies mentioned therein to enable the insurer to recover amount paid under the contract of insurance on behalf of the insured can be taken recourse to by the tribunal and be extended to claims and defences of the insurer ..... use of motor vehicles. the provisions of compulsory insurance coverage of all vehicles are with this paramount object and the provisions of the act have to be so interpreted as to effectuate the said object. (ii) an insurer is entitled to raise a defence in a claim petition ..... the summary of our findings to the various issues as raised in these petitions is as follows: (i) chapter xi of the motor vehicles act, 1988 providing compulsory insurance of vehicles against third party risks is a social welfare legislation to extend relief by compensation to victims of accidents caused by ..... to cover the bus without receiving the premium therefor. by reason of the provisions of ss.147(5) and 149(1) of the motor vehicles act, the appellant became liable to indemnify third parties in respect of the liability which that policy covered and to satisfy awards of compensation in respect thereof ..... in the accident in question, and therefore, the claimant-respondent no.1 was entitled to file claim petition under section 166 of the motor vehicles act, 1988 for getting compensation on account of the injuries sustained by him in the accident in question. issue no. 1 was accordingly decided in the .....

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