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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: chennai Year: 2015 Page 1 of about 36 results (0.038 seconds)

Dec 21 2015 (HC)

N. Sivakumar Vs. Puducherry Housing Board, represented by its Chairman ...

Court : Chennai

Decided on : Dec-21-2015

..... in nisha singhal. vs. m.p. housing board, bhopal and others (air 1996 mp 212), wherein, it was held that in view of the specific stipulation in the terms of contract, if at all any extra price was demanded for increase in cost of raw material or cost of construction, the notice in that behalf ought to have been served on ..... , impose terms and conditions which were not part of the offer and which were based upon unilateral issuance of office orders, but not communicated to the other party to the contract and which were not even the subject-matter of a public notice. apart from the fact that the parties rightly or wrongly proceeded on the basis that the demand by ..... the time schedule for revision came into consideration in delhi development authority and another vs. joint action committee, allottee of sfs flats and others ((2008) 2 scc 672), wherein, the contract was statutory and governed by the provisions thereof. it was observed by the supreme court that the superior court ordinarily would not interfere in the price fixation, particularly, in a ..... in the first round of advertisement is being attempted to be achieved, after allotment of flats. the re-determination of cost is unjustifiable, unreasonable and beyond the terms of the contract. 11. in oppugnation, mr. t.p. manoharan, learned counsel for the respondents would submit that the land in question was acquired by the respondent-housing board way back in 1998 .....

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Jan 30 2015 (HC)

K.Sripriya Vs. The Commissioner

Court : Chennai

Decided on : Jan-30-2015

..... r-3 and ex.r-4 were not issued, still as per aslhing case supra, the acceptance of letters by the authorities was unnecessary for putting an end to the contract. the contract might be terminated unilaterally by the contractor himself. at the cost of repetition, it is reiterated that ex.r-1 and ex.r-2 were placed promptly before the ..... 7 shall cease to hold his office, if he - (a) ... ... ... ... ... ... (b) ... ... ... ... ... ... (c) ... ... ... ... ... ... (d) subject to the proviso to clause (c)of sub-section 49, acquires any interest in any subsisting contract made with, or work being done, for the council except as a shareholder (other than a director) in a company. provided that no meeting from which the chairman or a ..... and dictates of desiya murpokku dravida kazhagam. neither the second respondent nor his wife nor father nor any other person in the family have acquired any interest in any subsisting contract with the municipality. 3.(b) even before the elections in the municipal council, wife and father of the second respondent have submitted their letters of termination from approved contractors ..... elected as councillor from a political party desiya murpokku dravida kazhagam. neither second respondent's wife nor his father nor any other person in his family have acquired any subsisting contract with the municipality. the wife and father of second respondent submitted letter for termination from the approved contractors list in the municipality on 10.10.2006 and they were .....

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Jan 30 2015 (HC)

K.Kannan Vs. The Sub Inspector

Court : Chennai

Decided on : Jan-30-2015

..... r-3 and ex.r-4 were not issued, still as per aslhing case supra, the acceptance of letters by the authorities was unnecessary for putting an end to the contract. the contract might be terminated unilaterally by the contractor himself. at the cost of repetition, it is reiterated that ex.r-1 and ex.r-2 were placed promptly before the ..... 7 shall cease to hold his office, if he - (a) ... ... ... ... ... ... (b) ... ... ... ... ... ... (c) ... ... ... ... ... ... (d) subject to the proviso to clause (c)of sub-section 49, acquires any interest in any subsisting contract made with, or work being done, for the council except as a shareholder (other than a director) in a company. provided that no meeting from which the chairman or a ..... and dictates of desiya murpokku dravida kazhagam. neither the second respondent nor his wife nor father nor any other person in the family have acquired any interest in any subsisting contract with the municipality. 3.(b) even before the elections in the municipal council, wife and father of the second respondent have submitted their letters of termination from approved contractors ..... elected as councillor from a political party desiya murpokku dravida kazhagam. neither second respondent's wife nor his father nor any other person in his family have acquired any subsisting contract with the municipality. the wife and father of second respondent submitted letter for termination from the approved contractors list in the municipality on 10.10.2006 and they were .....

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Oct 29 2015 (HC)

K.J. Saravanan Vs. The Chief Secretary to Government of Tamil Nadu and ...

Court : Chennai

Decided on : Oct-29-2015

..... the substance of the right, not on whether they can be fitted into a particular frame-work. the right here is not peculiar to equity or contract or tort, but falls naturally within the important category of cases where the court orders restitution if the justice of the case so requires." 176. ..... undue enrichment would squarely apply in the present case and the plaintiff would be entitled to restitution. in this connection sections 70 and 72 of the indian contract act, 1872 may be referred to, which are as under:- "70. obligation of person enjoying benefit of non-gratuitous act.- where a person lawfully does ..... defendant admitted having received rupees one lakh from the plaintiff he could not retain that money on the spacious plea that there was no privity of contract between him and the plaintiff. amount of rupees one lakh had been given to him by the plaintiff as he wanted to purchase ground floor of ..... claim is maintainable both by virtue of the declaration contained in article 265 of the constitution of india and also by virtue of section 72 of the contract act. in such cases, period of limitation would naturally be calculated taking into account the principle underlying clause (c) of sub-section (1) of ..... act, both before and after the 1991 (amendment) act are constitutionally valid and have to be followed and given effect to. section 72 of the contract act has no application to such a claim of refund and cannot form a basis for maintaining a suit or a writ petition. all refund claims .....

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Nov 25 2015 (HC)

N. Borolingaiah and Others Vs. M/s. Essor Hotel (P) Ltd and Others

Court : Chennai

Decided on : Nov-25-2015

..... above cited decision, recognition of the method if capitalization of interest so as to make it a part of the principal is consistent with the contract between the parties or established banking practice does not offend the sense of reason, justice and equity. 14. in the case on hand, the ..... terms: 58. subject to the above we answer the reference in the following terms: (1) subject to a binding stipulation contained in a voluntary contract between the parties and/or an established practice or usage interest on loans and advances may be charged on periodical rests and also capitalized on remaining ..... as such principal sum ?. recognition of the method of capitalization of interest so as to make it a part of the principal consistently with the contract between the parties or established banking practice does not offend the sense of reason, justice and equity. as we have noticed, such a system has ..... be adjudged so. the principal sum adjudged would be the sum actually loaned plan the amount of interest on periodical rests which according to the contract between the parties or the established banking practice has stood capitalized. interest pendente lite and future interest (i.e. interest post-decree not exceeding ..... be construed as interfering with or limiting the power of the collector to enter into any arrangement with any person interested in the land and competent to contract in respect thereof. ? 11. in lakshmi ram bhuyan v. kari prasad bhuyan and ors. [air 2003 sc 351] it has been held in .....

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Aug 26 2015 (HC)

Muthu Meenakshi Vs. 1.Srinivasan

Court : Chennai

Decided on : Aug-26-2015

..... driving licence, the insurer cannot be allowed to avoid its liability/duties to indemnify the insured under the contract of insurance. 20.in such circumstances, as per the decision in nanjappan v oriental insurance co.ltd.and others (2003(1)l.w.77) to invoke the principle ..... her driver, the appellant is liable. that is the condition precedent as per the contract of insurance to make the insurer to pay compensation. now the policy coverage is in force, premium is in force. now on account of not holding a valid ..... licence. it is a matter between the insurer and the insured. the road user, who is a third party is not concerned with that. actually, in a contract of insurance is intended for the benefit of such third parties and that is why it is to cover third party risk. 19.now because of the negligence of ..... valid driving licence. this aspect has not been disputed by the appellant and also by the claimants and could not be by the insurance company. 17.the contract of insurance as between the vehicle owner/insured and the insurer/insurance company is a bi-party, but it is a special ..... contract. it is intended for the benefit of an unseen, unknown third party, namely, road accident victims.it introduces the concept of indemnification, namely, in case the .....

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Sep 09 2015 (HC)

R.F.L.Wilson Vs. 1.The General Managar,

Court : Chennai

Decided on : Sep-09-2015

..... sub-contractors the wages as per provision of the aforesaid act and the rules wherever applicable. the contractor shall notwithstanding the provisions of the contract to the contrary, cause to be paid the wages to labour indirectly engaged on the works including any engaged by sub- contractors in connection ..... employees employed by him either directly or through petty contractors or sub-contractors in the works. if in compliance with the terms of the contract, the contractor directly or through petty contractors or sub-contractors shall supply any labour to be used wholly or partly under the direct ..... the learned counsel for the petitioner has also invited the attention of this court to clauses 55 & 55(a) of the standard general conditions of contract, which read as follows:- ?.55.provisions of payments of wages act: the contractor shall comply with the provisions of the payment of wages act ..... with the monthly bill. but, in the instant case, the petitioner has not complied with the same; therefore, the legal obligation under the contract agreement was violated by the petitioner.8. further more, it is submitted by the learned standing counsel for the railways that the question of granting ..... petitioner was issued with letter of acceptance vide proceedings no.u/md52/ccc/tn dated 16.07.2014 for starting the work of comprehensive cleaning contract of tuticorin railway station. within fifteen days from the date of issuance of loa, the contractor shall remit performance guarantee being rs.2,39, .....

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Nov 30 2015 (HC)

V. Vinod Kumar Vs. V. Arunadevi

Court : Chennai

Decided on : Nov-30-2015

..... derogant in relation to the operation of two statutes passed in the year, section 115 of the indian evidence act (act 1 of 1982) and section 11 of the indian contract act, in khan gul v. lakha singh reported in ilr 9 lahore 701 (fb), the court opined as follows: this brings us to the remaining but really substantial point, viz ..... ., whether the specific provision of the substantive law (s 11 of the contract act) which declares a minor's contract to be void, can be rendered nugatory by a general provision embodying the rule of estoppel found in a procedural code like the evidence act. in order .....

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Nov 05 2015 (HC)

V.P. Murugesan Vs. P. Shiek Mideen

Court : Chennai

Decided on : Nov-05-2015

..... case where the court finds that there was a validly executed sale agreement, but, this court declines to grant a decree for specific performance of contract. it is only in such event, instead of granting a decree for specific performance, the court could direct the defendant to repay the advance ..... would entitle any person to any decree or order relating thereto: such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, want or failure of consideration, or mistake in fact or law. here, in the instant case, what the defendant had stated in his evidence ..... have arisen for consideration:- (1) whether the first appellate court was right in dismissing the suit declining to grant a decree for specific performance of contract of sale notwithstanding the fact that the execution of ex.a1 has been admitted by the defendant? (2) whether the first appellate court was ..... the said notice was received by the defendant, as early as on 01.05.2004, the defendant did not come forward to perform his part of contract nor did he send any reply to the plaintiff. therefore, the plaintiff filed the present suit for specific performance. 4. in the written statement, ..... of the plaintiff, thereby conveying the suit property to him. but, though the plaintiff was all along ready and willing to perform his part of contract, the defendant did not come forward to execute the sale deed in favour of the plaintiff, after receiving the balance of sale consideration. therefore, .....

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Nov 27 2015 (HC)

Haritha Constructions and Logistics Vs. The Block Development Officer ...

Court : Chennai Madurai

Decided on : Nov-27-2015

..... a contract, whether by a private party or by a state, is essentially a commercial transaction. it can choose its own method to arrive at a decision and it is free to ..... , merely because, a legal point is made out. the honourable apex court in the said decision at paragraph 15 has observed as follows:- 15. the law relating to award of contract by the state and public sector corporations was reviewed in air india ltd., v. cochin international airport ltd (2000)2 scc 617 and it was held that the award of ..... referred as 26.08.2015 at 4.30 p.m. however, it is contended by the petitioner that in the technical bid (pre-qualification) and price bid notice form of contract, which is otherwise called the tender form, the last date for submission of the tender form at one place was referred to as 31.08.2015 before 03.00 p .....

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