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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Court: kerala Year: 2011 Page 1 of about 96 results (0.064 seconds)

Dec 14 2011 (HC)

Board of Trustees of Port of CochIn Vs. Jaisu Shipping Company Private ...

Court : Kerala

Decided on : Dec-14-2011

..... to be in the nature of penalty. the law on the question of damages or compensation in such types of contracts is well settled. sections 73 to 75 in chapter vi of the indian contract act, 1872 deal with the consequences of breach of contract. whether it is compensation by way of unliquidated damages falling under section 73 or whether it is compensation by way ..... of liquidated damages falling under section 74 of the contract act or whether it is compensation consequent on anticipatory breach, the claimant ..... will only be entitled to reasonable compensation. in other words, unless actual loss or damage is proved to have resulted on account of the breach of contract or rescission of contract, as the case may be, no amount by way ..... and dredging corporation of india and the materials obtained by the ist respondent by resort to the right to information act would show that both the above contractors engaged by the appellant have not performed the work in accordance with the contracts awarded to them. thus, the appellant by its conduct, had also become disentitled to the discretionary orders of the .....

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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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Jan 19 2011 (HC)

Hydro-tech,engineers and Contractors Vs. State of Kerala

Court : Kerala

Decided on : Jan-19-2011

Reported in : ILR2011(1)Ker817

..... in the arbitration and conciliationact, 1996 (central act 26 of 1996) or in any other law for the time being in force or in anyjudgment, ..... of1872) or in the arbitration act, 1940 (central act10 of 1940) or ..... the act shall be deemed to have come into force on14th november, 1997. section 3 of the awards act provides forcancellation of arbitration clauses and revocation of authorityof arbitrator. section 3 is extracted below for convenience. "3. cancellation of arbitration clauses andrevocation of authority of arbitrator :- (1) notwithstanding anything containedin the indian contract act, 1872 (central act 9 ..... the project director was requested to indicate the convenient dates. mutual discussion is contemplated under clause 24.1 of the conditions of contract act forming part of the agreement. however, no discussion took place. the applicant invoked the arbitration clause contained in clause 24.2 of the conditions of .....

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Dec 30 2011 (TRI)

M/S. Singsons Electronics (Defunt) Represented by Its Ex-manager D. Su ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Dec-30-2011

..... misleading advertisement the aggrieved consumer. taking into consideration of the totality of circumstance the forum below fixed liability against all opposite parties as per the settled position of law of contract all are jointly and severally liable for the negligence and carelessness done by any of the parties. 6. the opposite party prefers this appeal under this direction it argued on ..... contract between the opposite party and the complainant in the matter. hence opposite party prayed for dismissal of the complaint. 5. the forum below heard both parties and perused the entire ..... endorsement in the bill is as per the scheme envisaged and announced by the manufacturer. the opposite party who stands in the capacity of agent is not liable for the acts of the principal, that it was a direct transaction between the consumer and the manufacturer and the cheque was also issued by the manufacturer and the opposite party is in ..... any alleged deficiency in service, that complainant failed to proceed against additional opposite parties who had drawn and issue cheque to the complainant under sec. 138 of the negotiable instruments acts or by filing civil suit, that complainant has no cause of action for the dishonor of the cheque as against opposite party, that there is no privity of .....

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Dec 30 2011 (TRI)

M/S. Singsons Electronics (Defunt) Represented by Its Ex-manager D. Su ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Dec-30-2011

..... contract between the opposite party and the complainant in the matter. hence opposite party prayed for dismissal of the complaint. 5. the forum below heard both parties and perused the entire ..... endorsement in the bill is as per the scheme envisaged and announced by the manufacturer. the opposite party who stands in the capacity of agent is not liable for the acts of the principal, that it was a direct transaction between the consumer and the manufacturer and the cheque was also issued by the manufacturer and the opposite party is in ..... any alleged deficiency in service, that complainant failed to proceed against additional opposite parties who had drawn and issue cheque to the complainant under sec. 138 of the negotiable instruments acts or by filing civil suit, that complainant has no cause of action for the dishonor of the cheque as against opposite party, that there is no privity of .....

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Dec 29 2011 (TRI)

Baburajan P.M., Managing Director and Others Vs. M.T. James, Director, ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Dec-29-2011

..... opposite parties to redress the grievances of the complainant, but they have not promptly discharged their liability to the complainant. instead of discharging their contractional application, opposite parties are targeting each other for the generator set for escaping from their legal liabilities. another question of law raised by the ..... 1st opposite party that the hotel is a limited company established under the companies act and the complainant is an individual and he is not anyway have the legal right to file this complaint on behalf of the complainant. ..... to the fault of the machine or due to these opposite parties. the opposite parties are not liable to compensate the complainant, since no act of these opposite parties have caused any trouble or mental agony, or financial loss or hardship to the complainant. the opposite parties have done ..... received by the 1st opposite party directly from the hotel of the complainant and the complainant is a consumer as defined in the consumer protection act. the opposite parties claim regarding sound level etc. is false. the complainant denies the allegation of mishandling of the generator set. the forum ..... to the fault of the machine or due to these opposite parties. the opposite parties are not liable to compensate the complainant, since no acts of these opposite parties have caused any trouble or mental agony, or financial loss or hardship to the complainant. there is no deficiency of .....

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Dec 23 2011 (HC)

M/S. Reliance Security Agency, Prem Buildings, Near Sndp Union Office, ...

Court : Kerala

Decided on : Dec-23-2011

Reported in : 2012(3)KLT40(SN)(C.No.41); 2012(3)KLJ108

..... security personnel deployed to cater to the requirements of the service receivers, for which the service receivers effect the payment to the service providers, as per the terms of the contract. the 'master and servant' relationship is between the security agency and the security personnel engaged and not between the service receivers and the security personnel. the service providers like ..... the madras high court in respect of 'security agencies', which stands against the petitioners. 7. service tax, which is an indirect tax,was introduced in india vide the finance act, 1994 (act 32 of 1994), which was legislated by the parliament under the residual entry, ie., entry no.97 of list 1 of seventh schedule of the constitution of india. section 65 ..... by providing security personnel or otherwise and includes the provision of services of investigation, detection or verification of any fact or activity. by virtue of the very nature of the act , the tax burden is to pass on to the beneficiary and as such the petitioners cannot be stated as aggrieved in any manner, submits the learned central government counsel. ..... to be the members of the said association. in fact, the said association is stated as registered under the provisions of the travancore- cochin (literary, scientific and charitable societies) registration act. the grievance is mainly with regard to the steps taken by the respondents to mulct the liability towards service tax upon the members of the association under various heads; by .....

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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 .....

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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 .....

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