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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kerala Year: 2015 Page 6 of about 147 results (0.021 seconds)

Jun 08 2015 (HC)

Vivan Varghese Vs. State of Kerala

Court : Kerala

Decided on : Jun-08-2015

..... citizen, desires to enter into a marriage with one satu anniina, who is a finnish citizen. the petitioner, residing under the jurisdiction of the 3rd respondent, made an application for contracting the marriage under the special marriage act, 1954. an objection was raised by the 3rd respondent, allegedly on the ground that the marriage is intended to be entered into with ..... of such indian citizen to ensure that he does not enter into another marriage. but in the context of there being no marriage officers appointed, there can be no marriage contracted at the embassy. (the reference to territory of india in this judgment is to the territories within its physical boundaries as distinguished from the embassy in w.p(c) no ..... the 3rd respondent. the marriage officer even if appointed in the embassies abroad, would have no authority to conduct the marriage of a citizen of that country; unless it be contracted with an indian citizen.9. in such circumstance, the application of the petitioner at ext.p3 shall be accepted and notice shall be w.p(c) no.16350 of 2015 ..... ::9:: given by the 3rd respondent as required under the act and the petitioner shall be permitted to contract the marriage as intended by him which shall be solemnised by the 3rd respondent as per the provisions of the special marriage act. the writ petition is allowed. sd/- k .....

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Nov 09 2015 (HC)

Shaji Vs. Pradeesh and Others

Court : Kerala

Decided on : Nov-09-2015

..... is violator of law. this is more so since, as observed by the apex court in swaran singh's case (cited supra), insurance is also a contract and the provisions have to be strictly interpreted to give effect to the terms agreed between the insured and the insurer. 24. the statute/m.v act ..... clear from paragraph 44, where the apex court holds that under the motor vehicles act, holding of a valid licence is one of the conditions of contract of insurance and driving of the vehicle without a valid licence is an offence. the apex court observed in paragraph 41 that, if a person has ..... it unlimited or higher and if it is so done, it would amount to rewriting the statute or the contract of insurance, which is not permissible. 10. the question considered was whether the insurance company can avoid its liability, if a statutory defence is raised under ..... co. ltd. vs. c.m. jaya [2002 (1) klt 596 (sc)], it was observed that it was open for the parties to enter into a contract for wider coverage, than the statutory extent, and in the absence of such a term in the policy, the limited statutory liability cannot be expanded to make ..... conditions. this is more so, in view of the observation made by the apex court, in paragraph 49, that a contract of insurance also falls within realm of contract and hence like any other contract intention of the party must be gathered from the expression used therein, also adding, in paragraph 51, [with reference to .....

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Jan 09 2015 (HC)

Hassan Koya Vs. The Transport Commissioner

Court : Kerala

Decided on : Jan-09-2015

..... ) : "public service vehicle" means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxi cab, a motor cab, contract carriage and a stage carriage; section 2(14) : "goods carriage" means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not .....

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May 21 2015 (HC)

Manju B. Vs. Registrar of Co-Operative Societies

Court : Kerala

Decided on : May-21-2015

..... affidavit, wherein it was contended that the respondent bank, vide resolution dated 06.02.2012, requested the office of the 1st respondent to accord sanction to appoint 15 assistants on contract basis for one year in the vacant posts through newspaper notification. the registrar of co-operative societies submitted this proposal to the secretary to government, co-operation department for guidance ..... have become indispensable for the proper maintenance and functioning of the software and hardware installed. it was also pointed out that the bank had initially appointed 15 system administrators on contract basis for a period of one year extendable up to a period of five years pursuant to the necessary sanction of the government. out of the 15 so appointed, 14 ..... , it is highly essential to modify the order dated 18.03.2013 and permit the bank to fill up the vacancies in the post of system administrators on daily wage/contract basis for smooth and effective day-to-day functioning of the bank.11. undoubtedly, the inordinate delay in commencing the selection process by the psc has also resulted in administrative .....

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Jul 10 2015 (HC)

Joseph Mathew Vs. Neyyattinkara P.Nagaraj

Court : Kerala

Decided on : Jul-10-2015

..... the amount incurred by the third accused for erection of the sign boards and probable amount required for maintaining the same during the period of contract and the actual amount that has been received by the third accused by collecting advertisement charges from the persons who wanted to put up ..... had after considering all the materials came to the conclusion that though there is some procedural irregularities committed by the second accused in ordering the contract, it was done in public interest and no financial loss has been caused to the government on account of the acts and crl.m. ..... the precise allegation against the petitioner, who is the second accused, was that he enhanced the period of erection of sign boards and period of contract without getting approval from the government. after completion of the investigation, factual crl.m.c.no.688 of 2013 3 report was submitted before the ..... of surface transport. by virtue of the agreement executed between accused 2 and 3, the period of erection of sign boards and period of contract were enhanced to 2 years and 30 years from six months and 5 years respectively without obtaining approval from the government and thereby caused financial ..... engineer, national highways and chief engineer, roads and bridges respectively had entered into a criminal conspiracy with the third accused, who was awarded the contract of installing gantry sign boards on the side of highways by abusing their official positions and in crl.m.c.no.688 of 2013 2 pursuance .....

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May 20 2015 (HC)

Saji Mathew Vs. Ajithkumar

Court : Kerala

Decided on : May-20-2015

..... evidence was let in by the insurance company. the division bench in paragraph 13 held that "the vehicle in question was being run as a contract carriage and at the same time, the policy was renewed as a private car without disclosing the fact that conversion had already been taken place even ..... lays down the principle that the policy obtained for using the vehicle as private car cannot be used for the purpose of using the vehicle as contract stage carrying passengers for hire or reward. the provision under section 94 of the motor vehicles act, 1939 was considered therein. but the said decision ..... conditions are satisfied. firstly, there must be a soliciting or waiting to secure passengers by the driver or other person in control without any previous contract with them. and, secondly, the owner or person in control who is engaged in or authorised the soliciting or waiting must be in possession of ..... sites and were also used for transporting the school and college going students of the employees. the contention was that the vehicle cannot be termed as contract carriage. the apex court in paragraphs 6 and 7 after considering the meaning of the term 'plying for hire' held as follows :"6. tax ..... any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxi cab, a motor cab, contract carriage and a stage carriage; 17. we are also extracting the definition of transport vehicle under section 2(47) which is the following : transport vehicle .....

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Jun 12 2015 (HC)

Alen Wilson Vs. State of Kerala

Court : Kerala

Decided on : Jun-12-2015

..... only thought that the stipulation as to the performance guarantee/security deposit as provided in the cpwd manual could be adopted also in the case of government contracts tendered by the state.7. further, it is to be noticed that, ext.p1 is the notification, by which the tenders were invited, which ..... deposit." 4. the modification made in ext.p4 order was as hereunder: "i. performance guarantee will be 5% of the contract value. ii. at least fifty percent of the performance guarantee will be in the form of treasury fixed wp(c) no.9067 of 2015 3 deposit ..... bid of the successful bidder is unbalanced in any item in the case of item rate contractor or in total in the case of percentage rate contract, relation to the estimate, the difference in cost should be deposited as performance security deposit for unbalanced price in addition to the normal performance security ..... in the reply affidavit as hereunder: "2009.7 performance security deposit. the selected bidder shall produce a security deposit equal to 10% of the contract amount in the form of bank guarantee from any nationalised or scheduled bank which shall remain valid till 28 days from the completion of the defect liability ..... five hundred and forty four only).2. the petitioner quoted 14.5% below the said pac and being the lowest tenderor, he was awarded the contract. the unbalanced amount, being the difference between the pac and wp(c) no.9067 of 2015 2 the bid amount as per the tender notification, .....

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Jul 03 2015 (HC)

Sindhu P.K. Vs. Sunil Kumar

Court : Kerala

Decided on : Jul-03-2015

..... deciding the question, unless the court, for reasons to be recorded, thinks fit to grant such adjournment. explanation.-an agreement or compromise which is void or voidable under the indian contract act, 1872, shall not be deemed to be lawful within the meaning of this rule." (underline supplied) 18. in order to compromise a suit pending before any civil court and ..... a decree in terms of the compromise. the court should not have ignored the terms and conditions arrived at by the parties. basis of any compromise decree is a lawful contract or adjustment of rights and obligations between the parties, which the courts are bound to respect. and if they are found to be lawful, the courts are bound to record .....

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May 20 2015 (HC)

Asokan.K.P. Vs. Eliyas

Court : Kerala

Decided on : May-20-2015

..... sale agreement. on the other hand, the respondent/defendant has performed his part of the contract and has even cleared the liabilities over the plaint schedule property and obtained a release deed and also got the property measured to the satisfaction of ..... obtained ext.b3 release deed. dw1 has also sent ext.a5 letter to the appellant/plaintiff intimating his readiness to perform his part of the contract. therefore, the evidence on record clearly indicates that the appellant/plaintiff has not taken any steps to complete the sale in terms of ext.a1 ..... the evidence on record, the court below came to the conclusion that the appellant/plaintiff failed to perform his part of the agreement and the contract failed because of that. so the appellant/plaintiff is not at all entitled for a decree for specific performance, as prayed for. regarding the ..... according to the appellant/plaintiff, ext.a1 sale agreement could not be performed due to the failure of the defendant to perform his part of the contract. so, the plaintiff prayed for specific performance of ext.a1 sale agreement dated 20.7.2006, with an alternative prayer for return of the money advanced ..... be a charge on the plaint schedule property. aggrieved by the judgment and decree of the court below declining the relief of specific performance of contract, the appellant/plaintiff is before us in this appeal.2. going by the averments in the plaint, the plaint schedule property having an extent .....

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Jun 08 2015 (HC)

Prasanna Kumari Vs. Kannur University

Court : Kerala

Decided on : Jun-08-2015

in the high court of kerala at ernakulam present: the honourable mr. justice a.k.jayasankaran nambiar monday,the8h day of june201518th jyaishta, 1937 wp(c).no. 33953 of 2011 (t) ---------------------------- petitioner : ------------------ prasanna kumari. e. s, eruvelil warriom, chottanikara p.o., ernakulam dist, kerala-682312 by adv. smt.sangeetha lakshmana respondents : ---------------------- 1. the registrar, kannur university,mangattuparambu, kannur university campus p.o., kannur-670567, kerala2 vice chancellor, kannur university,mangattuparambu, kannur university campus p.o., kannur-670567, kerala addl.r3 impleaded :3. kavitha balakrishnan, d/o.k.m.balakrishnan, aged36years, sanjeevani dutt compound, manakavu.p.o., kozhikode -673007. addl. r3 is impleaded as per order dated1308/2012 in ia no.10913/2012. r1 & r2 by adv. sri.m.saseendran,sc,kannur university by adv. sri.p.k.ibrahim, sc, kannur university addl.r3 by adv. sri.sajith kumar v. by adv. sri.c.p.johny (ernakulam) this writ petition (civil) having been finally heard on0406-2015, along with wpc. 19769/2012, the court on0806-2015 delivered the following: bp wp(c).no. 33953 of 2011 (t) appendix petitioner(s) exhibits ext.p1:- a copy of the disability certificate issued by the medical board dtd3010/09 ext.p2:- series acopy of the educational and professional certificate (a): copy of the secondary school leaving certificate (b): mark list-degree(mahatma gandhi university)dtd131/2004 c): copy of the degree of bachelor .....

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