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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: karnataka Year: 2010 Page 1 of about 14 results (0.050 seconds)

Mar 26 2010 (HC)

Gmr Energy Limited a Company Incorporated Under the Provisions of Comp ...

Court : Karnataka

Decided on : Mar-26-2010

..... electricity, which was being effected by availing open access to the inter-state transmission lines. by a letter dated 20.11.2008, rel extended the contract for purchase of power from the petitioner up to 31.3.2009. open access was being granted to the petitioner on a day ahead basis, without fail, from the date ..... existing short-term open access regime. during the relevant period, the petitioner was engaged in selling electricity to reliance energy limited (rel) a distribution licensee in mumbai city, under their contract dated 25.10.2008, whereby rel agreed to purchase 5 mw of power from 1st to 30th of november, 2008. thus, the petitioner was engaged in inter-state supply of ..... circumstance, which enables the respondents to resort to section 11 of the act. the fourth respondent has entered into a contract with the first petitioner for supply of energy/power at an agreed rate. it is on the basis of this contract, the first petitioner has already negotiated back to back agreements for supply of naphtha at a fixed price with bpcl .....

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Nov 04 2010 (HC)

Smt. Parvathamma W/O Late Byrappa and ors Vs. Smt. Uma W/O Late Munira ...

Court : Karnataka

Decided on : Nov-04-2010

..... had notice of refusal or not. depends not only upon the evidence to that effect but also on an inference from surrounding facts and circumstances. the refusal to perform the contract need not be express. it may be gathered from surrounding circumstances. further, the word "notice" means intimation, information, cognizance or observance. "notice" implies knowledge which comes from direct perception ..... unenforceable. it was opined by the division bench of this court that notwithstanding the non-alienation clause under which the grant was made to the original holder to enforce the contract, all that was necessary for conveyance of the property was for the appellants to obtain the necessary permission from the concerned deputy commissioner or other competent authority after the ..... was enforceable. the lower appellate court has only proceeded on the footing that time would run in a suit for specific performance from the date of refusal to perform the contract. the lower appellate court was, however, not concerned with the applicability or otherwise of the provisions of the fragmentation act nor has it considered whether it could also be ..... a prohibition under the prevention of fragmentation and consolidation of holdings act. 1966, could be enforced in law?(2) when the appellant was a willing party to an illegal contract, could the agreement be set aside at the instance of the appellant?the learned counsel for the parties was heard on these substantial questions of law.5. the learned counsel .....

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Mar 19 2010 (HC)

Pushpalatha N.V. W/O Nemraj Vs. V. Padma Widow of Vasantha Kumar D.N.,

Court : Karnataka

Decided on : Mar-19-2010

..... the ground of the pious obligation under the hindu law, of such son, grandson or great-grandson to discharge any such debt;provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005 nothing contained in this sub-section shall affect-(a) the right of any creditor to proceed against the son, grandson .....

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Nov 02 2010 (HC)

Sri Ramaiah S/O Late Muniramaiah and ors Vs. the State of Karnataka In ...

Court : Karnataka

Decided on : Nov-02-2010

..... that the second respondent has acted with some bona fides as the very annexure-n3 to the writ petition indicates that the second respondent had taken care to obtain an indemnity bond from respondents 3 and 4 that if it is to be ultimately found that respondents 3 and 4 arc not entitled for the amount and on the other hand .....

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Jan 08 2010 (HC)

Bharati Airtel Limited Represented by Its General Power of Attorney Ho ...

Court : Karnataka

Decided on : Jan-08-2010

..... availing the services provided by the petitioner. further, as there is clearly an agreement by the subscriber to surrender the devices on termination of the contract, it cannot he said that there is any element of sale involved. the suggestion on behalf of the respondents that the petitioner has devised ..... in availing the services provided by the petitioner, there is clearly a term which requires the subscriber to return these devices on termination of the contract. the terms and conditions for providing services as enumerated at clause 9 of the terms reads as follows:the sim card and the cellular ..... cannot be broken into pieces nor can the telecommunication service rendered by them be so mutriared. not only this position flows from the terms of contract, this also flows from section 4 of the indian telegraph act which provides for giant of licence on such conditions and in consideration of inch ..... and it is an express term of the agreement under which these devices are parted with, that they shall be returned on termination of the contract. the third respondent has completely overlooked this glaring aspect of the matter and has proceeded merely on the assumption that since the devices are in ..... are retained as the properly of the petitioner and are only provided to the subscribers in order to enable them to avail the services which are contracted for. the petitioner has two kinds of billing systems - one, where a subscriber can avail the services after payment of a certain amount for .....

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Apr 07 2010 (HC)

B.C. Ravindra S/O D. Chikkadevegowda and B.C. Devaraju S/O D. Chikkade ...

Court : Karnataka

Decided on : Apr-07-2010

..... ningawwa v. byrappa, and at paragraph-6, has observed thus:6. in ningawwa v. byrappa : air 1968 sc 956 (supra), this court referred to the well-established principle that a contract or other transaction induced or tendered by fraud is not void, but only voidable at the option of the party defrauded. the transaction remains valid until it was avoided. this ..... per exs.d-2 and d-3 in favour of the defendants. reliance is placed on section 91 of the indian evidence act to contend that, where the terms of contract or any other disposition of property have been reduced to the form of a document and when the said document is also registered in accordance with law as in the ..... accompany the signature; in other words, that he never intended to sign, and therefore in contemplation of law never did sign, the contract to which ms name is appended... the defendant never intended to sign that contract or any such contract. he never intended to put his name to any instrument that then was or thereafter might become negotiable. he was deceived, not .....

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Jan 27 2010 (HC)

Sri Munireddy and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Decided on : Jan-27-2010

Reported in : 2010(2)KCCR1059

..... apex court has held as follows:the third party is not entitled to say that the conditions imposed by the grantor to the grantee were void. as far as the contract of sale is concerned, it was entered into between the government and the grantee and at that time the third-party purchaser had no interest in such transaction. of course .....

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Nov 02 2010 (HC)

T.M.C.Basanna, S/O.T.G.Mallamma Vs. Pavithra Halakatti,

Court : Karnataka

Decided on : Nov-02-2010

..... of m.l.devender singh has held that "20. the fact that the parties themselves have provided a sum to be paid by the party breaking the contract does not, by itself remove the strong presumption contemplated by the use of the words "unless and until the contrary is proved". the sufficiency or insufficiency ..... paid by them to the defendant with interest at 9% p.a. is it permissible for the plaintiffs to file a suit for specific performance of the contract and in such a suit, is it permissible for the plaintiffs to seek a direction to pay a sum of 5,00,000/- as liquidated damages ..... pleadings and the evidence let in by the parties. it is the specific case of the plaintiffs that they are entitled for specific performance of the contract and it was the prayer of the plaintiffs that the defendant should be directed to execute a sale deed by receiving the balance sale consideration of 1 ..... of the written statement?(vi) is there any cause of action for this suit?(vii) whether the plaintiffs are entailed to the relief of specific performance of contract?(viii) whether the plaintiffs are entitled to a sum of 5 lakhs along with the interest at the rate of 24% p a. as liquidated damages? ..... the stipulated time.5. the defendant contested the suit. according to the defendant, the plaintiffs were not ready and willing to perform their part of the contract. the defendant is a close friend of rajashekhara murthy and they were friends for a period of 30 years. the second plaintiff is none other than the .....

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Apr 08 2010 (HC)

Future Metal Private Limited Represented by Its Chairman Mr. Naveen Sr ...

Court : Karnataka

Decided on : Apr-08-2010

..... - company may be exposed. suffice it to say these back to back contracts for merchandising trade transactions was reduced in writing with an arbitral clause at 11.3.9. i have perused the papers. apparently, a perusal of the ..... scrap from overseas sellers and in turn selling the same to the overseas buyers. it appears the respondent denoted that he would execute a back to back contract for merchandising trade for each trade assignment with the petitioner - company to insure the petitioner- company from any and all other risks to which the petitioner ..... in c.m.p. no. 40/2009 and the connected matter. the matter was heard and this court, having regard to the terms of the contract as well as the dispute inter se between them accepted the petition and appointed a sole arbitrator to resolve the dispute between the parties. a reference ..... the investigation to be conducted by cbi in respect of the transactions other than which is referable to the back to back contracts. but however, those proceedings would fall in a different realm altogether. the arbitral proceedings are in respect of the terms of the ..... to have been committed by the respondents. indeed the entire claim statement is based on the contract inter se between the parties and in respect of the terms and conditions relating to performance of the said contract. the claim statement does not even remotely refers to fraud or malpractice stated to have been .....

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Nov 09 2010 (HC)

Prasanna Kumar.H.S Vs. State by Mahila Police

Court : Karnataka

Decided on : Nov-09-2010

..... to file a petition for dissolution of marriage by mutual consent. accordingly, a joint petition was filed. on 13.9.2010. the sister and brother-in-law of one shruthi contracted the first informant and told her that the petitioner is trying to many shruthi even though the marriage with the first informant is subsisting. in that connection, the mother of .....

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