Court : Chennai
Decided on : Sep-02-2010
..... body of an insurance policy was thoroughly explored by mr justice pigeon in the reasons for judgment which he delivered on behalf of the majority of this court in canadian indemnity co. v. walkem machinery & equipment ltd.12 in the course of these reasons at p. 5 he adopted the views expressed by mr justice freedman, in a dissenting opinion in ..... , thus, bring to a large number of families the only ray of light at the end of the tunnel.32. in other words, what would also be covered by the contract of insurance vis-`-vis the beneficent statutory provisions like sub-section (2) [sic (1)] of section 149 of the said act would be when a death or bodily injury has ..... vehicles act, 1939 which has also since been repealed and replaced by the motor vehicles act, 1988.22. concededly, different types of insurance covers are issued containing different nature of contracts of insurance. we are, however, in this batch of cases mainly concerned with third-party right under the policy. any condition in the insurance policy, whereby the right of the ..... to correct injustice effecting a statutory assignment of the rights of the assured to the injured person as prior thereto the right of a person to be indemnified under a contract of insurance against claims made against him by persons whom he might have injured was one personal to himself, and there was no privity of any sort between the injured .....Tag this Judgment!
Court : Chennai
Decided on : Jul-30-2010
..... acted only with mala fide intention. obviously, this court feels that there is no prima facie material to show either officers of ongc responsible for awarding the short term contract to vmbl, or the officers who were responsible in salvage operation had mala fide intention. had the vessels successfully moved the oil and reached the destination, everything would have ..... request for ongc that set up barge movement. ministry of petroleum and natural gas gave direction to ongc to develop the facility of barge movement. (ii) short term contract: finalisation of the parties on the basis of tenders already invited would take time and meanwhile there were practical compulsion for movement of oil by resorting to short term measures ..... ).16. this court considered the submissions and perused the records. from the statement of witnesses, in brief, it appears that a proposal was initiated for a long term contract for transporting crude oil from one port to another and task force was constituted consisting some of the accused. the task force decided and recommended that the contractor should have ..... of ongc, second accused-general manager (finance and administration) ongc, third accused general manager (maintenance) ongc, 10th accused -group general manager, ongc recommended and awarded a short term contract for sea transportation of crude oil to 15th accused vmbl company without following any tender procedure or consolidating other prospective bidder in the open tender. the fourth accused, v.k .....Tag this Judgment!
Court : Chennai
Decided on : Jul-22-2010
..... counsel appearing for the appellant and the learned counsel appearing for the first respondent.17. before going into the rival contentions, it is necessary to see the clauses in the contract, particularly with reference to clause on arbitration, which reads as follows:"clause 19.0 arbitration: if any dispute or difference of any kind whatsoever shall arise between the purchaser ..... and thereby, dismissed the original petition. aggrieved by the same, the present civil miscellaneous appeal has been filed. 11. learned counsel appearing for the appellant took me through the contract clauses to point out that clause 19 of the important commercial conditions relating to arbitration is very specific that the contractor who raised a dispute, has to have a settlement ..... of limitation as well as the finding on delay attributed to the first respondent. the petitioner contends that the cancellation of liquidated damages is contrary to clause 19 of the contract.9. by order dated 02.03.2005, the principal subordinate judge of vridhachalam rejected original petition no.60 of 1997. this resulted in the appellant preferring an appeal in ..... contractors so that they are refrained from continuing such practice. in the circumstances, the tribunal levied token liquidated damages, being 10% of the maximum liquidated damages provided in the contract as by way of liquidated damages. hence, deducting 10%, the tribunal held that the respondent is entitled to have the payment of a sum of rs.14.436 lakhs only .....Tag this Judgment!
Court : Chennai
Decided on : Sep-08-2010
..... -section (4) with the proviso thereunder and sub-section (5) which are intended to cover specified contingencies mentioned therein to enable the insurer to recover the 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 against the insured by relegating ..... ) of the motor vehicles act, 1939. furthermore, it is one thing to say that the insurer will be entitled to avoid its liability owing to breach of terms of a contract of insurance but it is another thing to say that the vehicle is not insured at all. if the submission of the learned counsel for the petitioner is accepted, the ..... scc 297, the supreme court examined the liability of the insurance company vis-a-vis the owner and held that the liability of the insurance company would arise both from contract as well as from statute. elaborately considering the insurer's contractual liability as well as statutory liability vis-a-vis the claims of third parties, the supreme court held as ..... entitled to recover any such sum from the insured if the insurer were not otherwise liable to pay such sum to the insured by virtue of the conditions of the contract of insurance indicated by the policy. ......25. the position can be summed up thus:the insurer and the insured are bound by the conditions enumerated in the policy and the .....Tag this Judgment!
Court : Chennai
Decided on : Jan-22-2010
..... be permitted to take the special examination. when the government in its wisdom, has restricted this benefit only to those candidates who are in service after termination of the contract, receiving direct payment from the government', we see no reason to cause our further interference into the matter, since the government is completely within its power to fix the ..... valuable services to the field of education, continuously all these years and the government has restricted this benefit only to those candidates who are in service after termination of the contract, receiving direct payment from the government'. these employees are working all these years and have spent their best part of life in imparting education to the students, probably ..... in-service candidates by way of special qualifying examination was a one time measure to help those computer instructors, who had been continued even after the expiry of the original contract. the division bench, therefore, upheld the decision of the state government to consider the case of 772 computer instructors, who were not holding the b.ed. qualification. they ..... instructors on a consolidated remuneration of about rs. 2,000/- (later revised to 2,600/-) per month. for engaging these instructors, the government of tamil nadu entered into a contract with electronics corporation of tamil nadu (elcot for short) to engage such suitable persons. elcot made available such computer instructors to the state. the computer instructors were posted in .....Tag this Judgment!
Court : Chennai
Decided on : Sep-30-2010
"what's in a name that which we call a rose, by any other name would smell as sweet"1. would have been acceptable to shakespeare, but certainly not to wipo. today everything is in a name, if the name had acquired significance as a trademark. william murray, first earl of mansfield observed in morgan vs. jones, that "most of the disputes in the world arise from words". background of the litigation on hand2. the case of the plaintiff, as reflected in the plaint, is that it is a company rendering online matrimonial services, using internet as a vehicle/platform. the plaintiff has several matrimonial web portals including 15 regional portals, catering to the needs of millions of indians living in india and outside. mr.janakiraman murugavel, promotor/ founder director of the plaintiff adopted a host of trademarks and obtained registration thereof. the plaintiff-company also adopted a few trademarks and obtained registration thereof in its own name. by virtue of a deed of assignment dated 16.6.2006, the trademarks registered in the name of mr.j.murugavel were assigned in favour of the company by name bharat matrimony.com pvt. ltd. in the year 2008, the name of the company was changed to consim info pvt. ltd., which is the plaintiff herein.3. therefore, by virtue of the deed of assignment and by virtue of the registrations made in its own name, the plaintiff-company has become the proprietor of the registered trademarks, listed in column no.3 of the following table, with the .....Tag this Judgment!
Court : Chennai
Decided on : Jan-29-2010
..... to prove their stand that the workmen have absented themselves from duty or that they had stayed away from work, thereby violating the terms of contract. the inspector can take adverse inference about the conduct of the management. ultimately, the authority constituted under the act is entitled to take a ..... explanation 2 to section 3 clearly says that the said section will have an over-riding effect over any award, agreement, settlement, instrument or contract of service whether made before or after commencement of the act. explanation 2 was amended by the tamil nadu act 44/85 and was made ..... those days during which he was in the employment of the employer and for which he had been paid wages either under express or implied contract of service or by compulsion of statute, standing orders etc. the learned counsel for the management would urge that only those days which are mentioned ..... such maternity leave does not exceed twelve weeks.[explanation ii.--for the purposes of this section, 'law' includes any award, agreement, settlement, instrument or contract of service whether made before or after the commencement of this act.]4.5. the inspectors appointed under section 4 of the act are empowered to enforce ..... their resistance to disease. there is also a change in their diet. women and children employed on work given to the maistry on a contract basis have to work unduly long hours and even instances of corporal punishment of children by the maistries with a view to extracting more work .....Tag this Judgment!
Court : Chennai
Decided on : Feb-26-2010
..... is a cashless facility. the insurance company cannot pay cash and if we issue direction to the insurance company to reimburse the claim, we would be virtually re-writing the contract which we are not entitled to.25. the tamil nadu medical attendance rules ('the rules' in short) clearly lay down the rules regarding dependents and who is entitled to ..... relied on, (a) : air 1999 sc 3252 - oriental insurance co. ltd. v. sony cheriyam, the supreme court held that:the insurance policy between the insurer and the insured represents a contract between the parties. since the insurer undertakes to compensate the loss suffered by the insured on account of risks covered by the insurance policy, the terms of the agreement have ..... violative of the rights guaranteed by the constitution.22. but, in this case, we are faced with a claim that should be decided against the terms and conditions of the contract. the relationship of the insurance company with the claimant is purely contractual. the insurance company is not bound to satisfy any claim that is not covered by the scheme. the ..... contention of the insurance company.7. learned advocate general submitted that undoubtedly the insurance company cannot be mulcted with liabilities which are not strictly within the four corners of the contract. learned advocate general further submitted that the scheme itself provides, under paragraph 9, the provisions for redressal of grievance and those beneficiaries, who are aggrieved by the non settlement, may .....Tag this Judgment!
Court : Chennai
Decided on : Mar-30-2010
..... to pay cess as per the notified enactment. the central act, 27/1996 was brought into effect from 1.3.1996. in relation to the contract work executed on behalf of the defence establishment, an appropriate government is the central government as per section 2(a) of the said act. the ..... the fourth respondent's attempt to initiate deduction will be an encroachment into the power of the state government and it will be contrary to the contract executed by them. it was also stated that while no one can quarrel about collection of amount for welfare measures, the amount proposed to be ..... for collection of cess at the rate of 2% will be an unnecessary force on them. the collection of cess at the rate of 2% on contract value will be huge.6. it was also contended that under the central act, 27/1996, section 18 provides for constitution of the board and so ..... the workers and transfer the amount to the building and other construction welfare board constituted by the state government. it was also directed that in all contract agreement, a clause must be introduced regarding the collection of cess in terms of 1996 act. therefore, the cda requested that issue should be taken ..... . its parent body is having its registered office at new delhi. the petitioner being the branch consisting of 46 members comprising of various builders undertaking contract work to military engineering service. they have come forward to challenge the order of the fourth respondent controller of defence accounts, dated 12.3.2010 .....Tag this Judgment!
Court : Chennai
Decided on : Aug-26-2010
..... further sum of rs.32,098/- paid by cheque, firstly towards payment of interest and later towards principal, as per section 60 of the indian contract act and for the outstanding amount due to be paid by the appellants/defendants d1 to d3, they are directed to pay the same along with ..... against principal. 50. added further, the right conferred by section 60 of the indian contract act can be exercised by the aggregator only at the time when he receives the payment. hence, section 60 does not give him any right to consolidate ..... apply the part-payment in the first place, to the principal would be to deprive the creditor of the benefit of which he is entitled under the contract. if a loan agreement has not provided for adjustment of payments first towards principal, then firstly it has to be adjusted against interest and only thereafter, ..... interest bearing part of the decretal amount, if any. whether a part payment should be treated towards principal or interest, the general principle, subject to any contract to the contrary is that it should be first applied to the interest and after interest, is fully paid off, the remainder, if any, will go ..... and the concerned parties only at madras and not at kamareddy in andhra pradesh and as per section 20 of the civil procedure code, the making of a contract is part of the cause of action and since ex.a2 agreement dated 01.09.1982 has been signed between the parties at madras, the .....Tag this Judgment!