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 .....Tag this Judgment!
Court : Kerala
Decided on : Jul-15-2015
..... arraying parties. facts in this case show that both the plaintiffs have separate causes of action against all the defendants in respect of a claim for specific performance of the contract subsisting in their favour. submission made by the learned counsel for the petitioners that each plaintiff has a cause of action not only against the defendant who executed the agreement ..... counsel for the petitioners that if the plaintiffs are compelled to exercise an option at this distance of time, one of the plaintiffs will lose his right to enforce the contract for ever on the ground of limitation. therefore, the order passed by the court below has certainly an c.r.p no.231 of 2013 5 effect of finally ..... settling the issues. two witnesses were examined on the side of the plaintiffs and thirteen documents were marked. out of these thirteen documents, exts.a1 and a2 are the two contracts for sale sought to be specifically enforced. two witnesses testified on the side of the defendants. no documentary evidence was adduced on their side. the matter was heard by the ..... .------------------------------------------------ c.r.p no.231 of 2013 ------------------------------------------------ dated this the 15th day of july, 2015. order revision petitioners are the plaintiffs in a suit for specific performance of two separate contracts. the trial court, after an elaborate trial and on hearing both sides - in fact, after reserving the case for judgment - pronounced an order, disposing of the case on an .....Tag this Judgment!
Court : Kerala
Decided on : Jul-22-2015
..... not the proper proceeding for adjudicating such disputes. under the law, it was open to the respondent to approach the court of competent jurisdiction for appropriate relief for breach of contract. it is settled law that when an alternative and equally efficacious remedy is open to the litigant, he should be required to pursue that remedy and not invoke the writ ..... india, a writ petition would be maintainable even in the contractual field. a distinction indisputably must be made between a matter which is at the threshold of a contract and a breach of contract; whereas in the former the court's scrutiny would be more intrusive, in the latter the court may not ordinarily exercise its discretionary jurisdiction of judicial review, unless ..... without allowance for better employment within the country. the state government after considering the report submitted by the director of agriculture, passed an order dated 18.07.2013 cancelling the contract awarded to the petitioner. it was stated in the order that the fact that biju lal is a government servant was suppressed from the government and participation of bijulal in ..... 02.01.2013 to the director of agriculture and the government stating that petitioner's agency having been promoted by a government servant which is against the existing rules, the contract be cancelled. it was alleged in the complaint that bijulal, director, manipulated his position and collected order from the animal husbandry department. it was further alleged w.a. no. 694 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Kerala
Decided on : Sep-02-2015
..... on the important aspect; that the claimants and the deceased were his loading and unloading workers. therefore, it is a case where they were taken in the vehicle under a contract of employment. the question will be whether they are statutorily covered under the provisions of the motor vehicles act and are liable to be indemnified in the light of imt39also ..... "4. therefore a perusal of the aforesaid proviso would show that intention of the parliament is that in order to comply with a requirement of a valid act policy, the contract of insurance must provide for coverage in respect of death or bodily injury caused to satisfy the three categories of employees, formulated in clause (a) to (c) of the proviso .....Tag this Judgment!
Court : Kerala
Decided on : Sep-07-2015
..... , changed his mind or gave up his original intention and refused and failed to marry pw2, his action would have amounted only to a breach of contract.15. i have anxiously considered the evidence tendered by the prosecution and the letters said to have been issued by the petitioner. i do not find ..... kept criminal liability cannot be foisted on the accused, and the only right which the complainant acquires is to a decree for damages for breach of contract in a civil suit, because in such a case the possibility remains that the accused may have intended, at the time when he made the promise ..... the question whether the accused is guilty of the criminal offence of cheating or is only liable in a civil court for damages for breach of contract depends upon the state of mind of the accused at the time when the promise was made. if it is established that the intention of the ..... by his subsequent conduct, but for which the subsequent conduct is not the sole test. mere breach of contract cannot give rise to criminal prosecution under s.420 ipc, unless fraudulent or dishonest intention is shown right at the beginning of the transaction, that is ..... fraudulent or dishonest. in the second class of acts, the inducing must be intentional but not necessarily fraudulent or dishonest. the distinction between mere breach of contract and the offence of cheating is a fine one. it depends upon the intention of the accused at the time of inducement, which may be judged .....Tag this Judgment!
Court : Kerala
Decided on : Sep-08-2015
..... over the provision of the act or the contract mentioned in the w.p.(c).nos.22028 of 2013, 27766 & 27791 of 2014 14 non obstante clause.16. in central bank of india v. state of kerala (2009 (4 ..... contained in this act or in some particular provision in the act or in some particular act or in any law for the time being in force, or in any contract' is more often than not appended to a section in the beginning with a view to give the enacting part of the section in case of conflict an overriding effect .....Tag this Judgment!
Court : Kerala
Decided on : Oct-01-2015
..... superior status has been vested in the provisions of the gratuity act vis-a-vis any other enactment (including any other instrument or contract) inconsistent therewith. therefore, insofar as the entitlement of an employee to gratuity is concerned, it is apparent that in cases where gratuity of ..... any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any instrument or contract having effect by virtue of any enactment other than this act. a perusal of section 14 leaves no room for any doubt that a ..... effect: 8. it is not in dispute that the appellant bank had its own gratuity scheme. the said scheme constituted one of the terms of contract of employment between the parties. under the scheme, employees were entitled to gratuity on the following terms: (i) eligibility to receive gratuity minimum 5 ..... enforcement of these duties, the society has interest. 33. the service conditions governing the terms of employment of an employee are part of a contract which is accepted by the employee while accepting the appointment. the question as to whether the terms and conditions governing an employee can be ..... president and the governor under article 310. but it is obvious that the relationship between the government and its servants is not like an ordinary contract of service between a master and servant. the legal relationship is something entirely different, something in the nature of status. it is much .....Tag this Judgment!
Court : Kerala
Decided on : Oct-07-2015
..... dalui v. biswanath banerjee (1989 supp (1) scc 487) laid down the following proposition: 'ex praecedentibus et consequentibus optima fit interpretatio'. the best interpretation is made from the context. every contract is to be construed with reference to its object and the whole of its terms. the whole context must be considered to ascertain the intention of the parties. it is ..... with the other provisions of the deed if that interpretation does no violence to the meaning of which they are naturally susceptible......" in construing a contract the court must look at the words used in the contract unless they are such that one may suspect that they do not convey the intention correctly. if the words are clear, there is very little .....Tag this Judgment!
Court : Kerala
Decided on : Oct-28-2015
..... matter before commencement of trial. the plaintiff stated in the affidavit in lieu of chief examination about his readiness and willingness to perform his part of the contract. an omission is something which is not made consciously. if it is made consciously, strictly speaking, it cannot be said that it is a bona ..... after receiving the sale consideration. it was also averred by the plaintiff in the plaint that the defendants refused to fulfill their part of the contract. in the light of the averments contained in the plaint and in the nature of the contentions put forward in the written statement as well ..... by the lack of specific averment in the plaint about the readiness and willingness on the part of the plaintiff to perform his part of the contract. in the plaint, apart from stating that the plaintiff is ready to deposit the balance sale consideration, he also stated that he approached the ..... execute an agreement for sale with respect to the plaint schedule property. accordingly, an agreement dated 17.5.2006 was executed. the agreement is not a contract for sale. the plaintiff is not entitled to the relief of specific performance. 5. the suit was listed for trial. it would appear that the evidence ..... suit. in the plaint, however, the plaintiff did not make any averment that he continues to be ready and willing to perform his part of the contract, which is mandatory under section 16(c) of the specific relief act. however, the plaintiff stated in the plaint that he was ready to deposit .....Tag this Judgment!