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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Court: chhattisgarh Year: 2011 Page 1 of about 51 results (0.013 seconds)

Dec 16 2011 (HC)

Bhagya Nidhi Exports Limited District Durg Cg and Another Vs. Chhattis ...

Court : Chhattisgarh

Decided on : Dec-16-2011

..... normally refers to an amount which the creditor has a right to recover. wharton in law lexicon defines "due" as anything owing; that which one contracts to pay to another. there is no reference in this definition as well as in the definition in black's law dictionary, 6th edn., p. 499 ..... paschimanchal (supra), it was held that "a transferee of the premises or a subsequent occupant of a premises with whom the supplier has no privity of contract cannot obviously be asked to pay the dues of his predecessor-in-title or possession, as the amount payable towards supply of electricity does not constitute a ..... cannot be called upon to clear the past arrears as a condition precedent to supply. there is no charge over the property. what matters is the contract entered into by the erstwhile consumer with the board. the board cannot seek the enforcement of contractual liability against the third party. of course, the ..... bona fides of the sale may not be relevant. the form of requisition relating to the contract is in annexure viii prescribed under clause vi of the schedule to the electricity act. they cannot make the auction-purchaser liable. it is true that it was the same premises to which reconnection ..... (supra), the supreme court held that the rules of limitation are not meant to destroy the rights of the parties. section 3 of the limitation act only bars the remedy, but does not destroy the right which the remedy relates to. though the right to enforce the debt by judicial process is .....

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Dec 13 2011 (HC)

Prakash Pannalal and Another Vs. Nalini Dholkia

Court : Chhattisgarh

Decided on : Dec-13-2011

..... complaint are gross abuse of the process of law, as the complaint has sought to convert a pure civil dispute, arising out of alleged breach of contract, into a criminal case of cheating. learned counsel for the petitioners submitted that even if the complaint along with preliminary statements of complainant witnesses and established ..... acceptability of which is essentially a matter for trial. while exercising jurisdiction under section 482 of the code, it is not permissible for the court to act as if it was a trial judge." 25. in our judgment, the above observations cannot be read to mean that in a criminal case where trial ..... required to be adopted by the high court, in following words" "10. the high court, therefore, should have posed a question as to whether any act of inducement on the part of the appellant has been raised by the second respondent and whether the appellant had an intention to cheat him from the very ..... to do if he were not so deceived. in the first class of cases, the inducing must be fraudulent or dishonest. in the second class of acts, the inducing must be intentional but need not be fraudulent or dishonest. therefore, it is the intention which is the gist of the offence. to hold ..... intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat". explanation- .....

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Dec 07 2011 (HC)

Chhattisgarh State Power Generation Company Limited Vs. a P Nirman Ltd

Court : Chhattisgarh

Decided on : Dec-07-2011

..... it is, is to be taken into consideration, the award is, on the face of it, erroneous and in violation of the terms of the contract and thereby it violates section 28(3) of the act. undisputedly, reference to the arbitral tribunal was not with regard to interpretation of question of law. it was only a general reference with regard to claim ..... respondent. in spite of all these, no improvement was seen in the attitude of the respondent. finally, on 9-3-2000, the appellant rescinded the contract. the respondent moved an application under section 11(6) of the act, 1996. learned justice shri a.s.v. moorthy (retired) was appointed as sole arbitrator by this court's order dated 2-9-2005. the ..... when the arbitrator or the umpire as the case may be, had ignored the specific terms or had acted beyond the four corners of the contract, it was open for the court in the exercise of its power under section 30 of the act to set aside the award on the ground that the arbitrator could not ignore the law or misapply the ..... terms of the contract in order to do what he thought was just and reasonable." 13. the ratio of law laid down by the hon'ble .....

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Dec 05 2011 (HC)

Ms Aarti Sponge and Power Vs. Bimal Kumar and Others

Court : Chhattisgarh

Decided on : Dec-05-2011

..... the failure is heightened given the nature of the order which they were bound to execute. they have erroneously proceeded upon principles applicable to contracts alone and have ignored the fact that the agreement between the parties had culminated in a consent order of the company law board. the plea ..... thereby could not be reopened or reargued for a different disposal of those issues. the order was passed expressly under section 402 of the companies act. doubtless in the said order the company law board speaks of `final disposal of the petition and the various interim applications". this was because ..... thereby could not be reopened or reargued for a different disposal of those issues. the order was passed expressly under section 402 of the companies act which reads: "402. powers of tribunal on application under section 397 or 398.- without prejudice to the generality of the powers of the tribunal ..... are false and fabricated. further, such allotments of shares have been made by the appellant-company in violation and contravention of the provisions of the companies act, 1956. out of three petitioners, only mr. bimal kumar agrawal (petitioner no.1) was appointed as one of the directors of the company ..... parties to present their case on merits on the company petition (cp) and all pending company applications (cas). 2. section 10-f of the companies act, 1956 reads as under : "10f. appeals against the order of the company law board. - any person aggrieved by any decision or order of the .....

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Nov 29 2011 (HC)

Parmanand and Others Vs. Kailash Chand and Others

Court : Chhattisgarh

Decided on : Nov-29-2011

..... or, (b) when the intended transferee is already in possession, he must have retained possession in part- performance of the contract, and done some act in furtherance of the contract. 3. the intended transferee must have performed his part of the contract, or must be willing to do it. 4. the rule does not affect the rights of a transferee for consideration without ..... the time of such transfer, appellants were not having knowledge of aforesaid agreement to sell. respondents have never performed part of their contract therefore, case of plaintiffs/appellants squarely covered by proviso to section 53a of the act of 1882 and rights of plaintiffs/appellants are not affected by alleged agreement to sell executed in favour of shankarlal i.e. ..... thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that the contract, though required to be registered has not been registered, or where there is an instrument of ..... continue in possession but it will not effect the right of transferee for consideration who has no notice of the contract of part performance. section 53a of the act of 1882 reads as follows:- "53a. part performance.- where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms .....

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Nov 17 2011 (HC)

Satjas Glorocks Private Ltd Vs. Bharat Aluminum Company Limited

Court : Chhattisgarh

Decided on : Nov-17-2011

..... be taken into consideration, the award is, on the face of it, erroneous and in violation of the terms of the contract and thereby it violates section 28(3) of the act. undisputedly, reference to the arbitral tribunal was not with regard to interpretation of question of law. it was only a general reference ..... 25-7-2007, despite there being no such provision in the agreement and non-supply of the bauxite by the appellant according to the provisions of the contract. thereagainst, the appellant is in appeal before us. 5. shri rahul jha, learned counsel appearing for the appellant argued that the learned district judge gravely ..... the aforesaid breaches committed by the appellant, the respondent suffered loss and damages. disputes and differences, claims and counter-claims arose between the parties out of the contract. subsequently, vide order dated 9-1-2006, passed in m.c.c.no72/2004 (m/s satjas glorocks private ltd. vs. bharat aluminum company limited), ..... the umpire as the case may be, had ignored the specific terms or had acted beyond the four corners of the contract, it was open for the court in the exercise of its power under section 30 of the act to set aside the award on the ground that the arbitrator could not ignore the ..... law or misapply the terms of the contract in order to do what he thought was just and reasonable." 16. we have .....

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Nov 16 2011 (HC)

Shakuntala Devi Parakh and Another Vs. Subhash Sabath and Another

Court : Chhattisgarh

Decided on : Nov-16-2011

..... of the overloaded passengers constitute the passengers covered by the insurance policy as permitted to be carried by the permit itself. as this court has indicated, the purpose of the act is to bring benefit to the third parties who are either injured or dead in an accident. it serves a social purpose. keeping that in mind we think that the ..... for the entire district and was earning rs.1,20,000/- per annum. the claimants being dependents/legal representatives have filed claim petition u/s 166 of the motor vehicles act for the award of a total compensation of rs. 37,00,000/- on various heads. 3. the learned claims tribunal having regard to the facts situation and material and evidence ..... sum and substance held vide paras 20 and 21 that inspite of the relevant provisions of the statute, insurance still remains a contract between the owner and the insurer and the parties are governed by the terms of their contract. the insured is covered only to the extent of the passengers permitted to be insured or directed to be insured by the ..... statute and actually covered by the contract. the insurance company can be made liable only in respect of the number of passengers for whom insurance can be taken under the act and for whom insurance has been taken as a fact and not in respect of the other passengers .....

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Nov 09 2011 (HC)

Amiya Kumar Datta Vs. Hindustan Petroleum Corporation Limited and Anot ...

Court : Chhattisgarh

Decided on : Nov-09-2011

..... complying/following the terms of lease. therefore, after 26-3-1974 status of the respondents was only of trespassers and there was no enforceable contract or agreement between the parties. from 26-3-1974 the appellant was entitled for recovery of possession and damages. while decreeing the suit, the ..... any of the conditions/covenants. before expiry of such first renewal i.e. 26-3-1974, the esso (acquisition of undertakings in india) act, 1974 (act no.4 of 1974) came into force from 13th march, 1974 and assets and liabilities were stand transferred to and vested in the central government ..... by enacting the burmah shell (acquisition of undertakings in india) act, 1976, the right, title and interest of m/s. burmah shell company in relation to its undertakings in india have been transferred and vested ..... by enacting the caltex [acquisition of shares of caltex oil refining (india) ltd. and of the undertakings in india of caltex (india) ltd.] act, 1977, the right, title and interest of caltex in relation to its undertakings in india have been transferred and vested in the central government. likewise, ..... chandulal dipchand kale2 in which aurangabad bench of the bombay high court has held that in accordance with section 5 (2) of the esso act, one time extension of lease was made compulsory for giving proper time frame to government company to make alternative arrangements if lease agreement did not .....

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Oct 21 2011 (TRI)

The Competent Authority (Claims/Omkar), H.D.F.C. Standard Life Insuran ...

Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

Decided on : Oct-21-2011

..... also come across while filling the proposal form the life to be assured was made to understand and make a declaration that ??contract of insurance would be governed by the provisions of insurance act 1938 and that the same will not commence until written acceptance of this application by hdfc standard life insurance company ltd. is ..... few photocopy of pages of the book modern law of insurance in india and tried to convince that as per provision of section 113 of the insurance act, as the premium was continuously paid for 3 years, the total aggregate sum mentioned in the policy was to be paid to the complainant. he also ..... has filed copy of several policies issued by lic in favour of various persons. he reiterated that as per guidelines of irda as well as the insurance act a grace period of 30 days is to be provided, in case the payment of premium is yearly. he has also filed photocopy of page 183 and ..... that in all life insurance policies issued by lic such condition has been mentioned and as other insurance companies are also governed by the insurance act and the regulations issued by irda same grace period must be deemed to have been provided. in absence of any specific provision to that effect in ..... the insurance act, the rules made thereunder or the regulations issued by irda, it is not possible for us to conclude that in all life insurance policies period .....

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Oct 20 2011 (TRI)

The National Insurance Company Limited Vs. Niraj Singh

Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

Decided on : Oct-20-2011

..... ? and as per blacks law dictionary, sixth edition, the word ??immediately ? means ??without interval of time, without delay, straightway, or without any delay or lapse of time. when used in contract is usually construed to mean ??within a reasonable time having due regard to the nature of the circumstance of the case. ? 7. per contra, counsel for the complainant/respondent submitted ..... , summons and/or process shall be forwarded to the company immediately on receipt by the insured. it has also been mentioned in this clause that in case of the criminal act which may be subject of claim under this policy the insured shall give immediate notice to the police and co-operate with the company in securing the conviction of the .....

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