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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kerala Year: 2015 Page 11 of about 147 results (0.018 seconds)

Nov 25 2015 (HC)

Kerala Textile and Garments Dealers Welfare Association, represented b ...

Court : Kerala

Decided on : Nov-25-2015

..... in treaties and the assent to their form and quality are the function of the executive alone. once they are created, while they bind the state as against the other contracting parties, parliament may refuse to perform them and so leave the state in default. these observations are valid in the context of our constitutional set up. by article 73, subject .....

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May 20 2015 (HC)

M/S.Bharath Builders Vs. Union of India

Court : Kerala

Decided on : May-20-2015

..... , there is a specific provision with regard to award of interest by the arbitrator. the bar under clause 1.15 is absolute and interest cannot be awarded without rewriting the contract." the difference between the arbitration act, 1940 and the arbitration and conciliation act, 1996 has been mentioned therein. therein, the arb.a.43/2004 19 interest was not granted ..... payable at least along with final bill, which under normal circumstances should have been paid by 30 jun 2000 in terms of condition 66 of iafw2249(general conditions of contract) forming part of contract agreement. however the claimant had given the notice claiming interest only on 21 feb 2002 while invoking arbitration agreement and the first notice dated 03 jul 1997 is ..... of hanger trusses, which has been analysed in detail under para 52 and 53 hereinbefore. therefore, this case cannot be compared with normal disputes between the parties in a construction contract, because in this case the claimant has not been paid for rehabilitation and reconstruction of structure till the contractor achieved the stage of collapse of structure except issue of sch ..... witness, the award was set aside and the engineer-in-chief was directed to appoint an arbitrator to conduct denovo arbitration. accordingly, a new arbitrator, shri satish chander, chief engineer (contracts) panel of arbitrators, chandigarh - chandi mandir, punjab was appointed and the final arb.a.43/2004 4 award was passed on 22.8.2013. this was challenged under section 34 .....

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Dec 03 2015 (HC)

State of Kerala, Represented By the Principal Secretary to Government ...

Court : Kerala

Decided on : Dec-03-2015

shaffique, j. 1. wa nos.1817, 1898, 1910, 1911 and 1913 of 2015 are filed by state of kerala challenging the common judgment dated 5/8/2015 in wp(c) nos.14218, 14244, 14808, 16149 and 14144/2015. wa nos.1832, 1838 and 1839/15 are also filed challenging the very same common judgment. wa no.1832/15 is filed by the additional 5th respondent in wp(c) no.14808/2015. wa no.1838/2015 is filed by additional respondents 5 and 6 in wp (c) no.14144/2015 and wa no.1839/15 is filed by the additional 3rd respondent in wpc no. 14244/2015. 2. since the questions involved in all these writ appeals are the same and since it arises from a common judgment, all these appeals are heard and decided together. 3. the contentions urged on behalf of the writ petitioners, who are the respondents in these appeals are common in nature. the challenge in the writ petitions are with reference to delinking of certain wards from thiruvananthapuram corporation as well as kozhikode corporation and formation of such wards as municipalities. 4. in wa no.1898/2015, which arises from wp(c) no.14808/2015, the petitioner sought to quash ext.p12 notification issued under article 243q(2) of the constitution of india and also the notification under section 4 of the kerala municipality act, 1994 (hereinafter referred to as the act) by which beypore, elathur and cheruvannoor-nallalam grama panchayats were declared as smaller urban area, delinking the same from kozhikode city corporation and thereby making such smaller .....

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Nov 03 2015 (HC)

Lalitha Muralidharan Vs. The Commissioner of Commercial Taxes and Othe ...

Court : Kerala

Decided on : Nov-03-2015

..... that the goods were to move to her unit in the madras epz pursuant to the sale that the said movement could be seen as an implied term of the contract of sale between the state of kerala and the petitioner. while the material produced in this writ petition is insufficient to hold that there was any understanding between the petitioner .....

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Oct 26 2015 (HC)

Meena Joshy Vs. Jojo P. George and Another

Court : Kerala

Decided on : Oct-26-2015

..... the adr rules, learned counsel submitted that the question whether the memorandum of settlement agreement is lawful or not, has to be determined with reference to section 23 of the contract act, 1873 and not with reference to the stipulation in rule 24 of the adr rules that the signatures of the parties to the memorandum of settlement agreement should be .....

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Feb 05 2015 (HC)

State of Kerala Vs. P.Haridasan

Court : Kerala

Decided on : Feb-05-2015

..... conditions of service of teachers of private colleges. sub-section (1) of section 60 of the act reads thus; "60(1) notwithstanding anything contained in any law or in any contract or other document, the conditions of service of teachers of private colleges, whether appointed before or after the commencement of this act, including conditions relating to pay, pension, provident fund .....

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Jun 18 2015 (HC)

M/S.Johnson Lifts Private Limited Vs. The K.T.D.C.

Court : Kerala

Decided on : Jun-18-2015

..... of such an authority, which is challenged, is in the domain of public law as distinguished from private law." 7. in such circumstance, going by the above binding precedent, the contract entered between the petitioner and the 1st respondent through the 2nd respondent cannot be said to be one in the public law domain. further, on facts too there are disputes ..... . the reason is obvious. a private law is that part of a legal system which is a part of common law that involves relationships between individuals, such as law of contract and torts. therefore, even if writ petition would be maintainable against an authority, which is "state" under article 12 of the constitution, before issuing any writ, particularly writ of mandamus ..... 1 and 2. admittedly, the petitioner had been awarded a work by the 1st respondent through the 2nd respondent. the work has been completed and amounts are due under the contract, is the allegation raised herein.2. the k.i.t.c.o., the 2nd respondent, has come on record contending that the amounts are to be disbursed by the 1st .....

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Oct 20 2015 (HC)

B.A. Avinash Das and Another Vs. University of Kerala, Represented by ...

Court : Kerala

Decided on : Oct-20-2015

..... . 18. the system followed in running mens' hostel of trivandrum medical college will be adopted for running hostels in other colleges. in the alternative, hostel mess should be run on contract basis. 19. complaint redressal mechanism/grievance cell must be formed in all colleges. complaint box must also be installed in all colleges. one complaint box is to be separately marked .....

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Feb 12 2015 (HC)

Food Corporation of India Vs. State of Kerala

Court : Kerala

Decided on : Feb-12-2015

..... corporate with the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and may, by that name, sue and be sued." 10. the purpose and intent of exclusionary clause (v) was to exclude establishment of central or state government. it is true .....

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Aug 06 2015 (HC)

Usha Prasannan Vs. Omana Satheesh

Court : Kerala

Decided on : Aug-06-2015

..... to be completed and also considering the fact that there could be no re-allotment of the tender to anyone else, the petitioners can be allowed to continue till the contract period is over, however subject to the satisfaction of the respondent company. when any subsequent notification is made, definitely exts.p4 and p6 would be binding on all the kudumbasree ..... 3 4. this court is inclined to agree with the said contention, even going by ext.p1, since it specifically says that ads shall sent 22 members daily for the contract work. hence, even if the contention of the petitioners that, ext.p4 is only prospective, is accepted, the terms of the notification itself stipulates that those who are sent for ..... area development society [ads]. the area development societies in the entire panchayat constitute the community development society (cds). as per ext.p1, only ads were entitled to apply for the contract of filling and bottling foreign liquor, produced by the first respondent. the 4th respondent applied and was successful. however, based on ext.p4, the 6th respondent and the other unsuccessful ..... .p(c). nos.25880 & 32940 of 2014 --------------------------------------- dated this the 6th day of august, 2015. judgment the petitioners in the above writ petitions are concerned with the cancellation of the contract; effected in pursuance to ext.p4. the petitioners in wp(c) no.25880 of 2014 are persons, employed by the first respondent, in pursuance of the .....

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