Court : Chennai
Decided on : Sep-25-2007
Reported in : 2008(2)ARBLR598(Madras)
..... of emden formula, the same by itself, in our opinion, would not lead to the conclusion that it was in breach of section 55 or section 73 of the indian contract act.(ii) in bharat coking coal ltd. v. l.k. ahuja (supra), at page 118 (para 24 at page 662 of arb. lr) the supreme court held ..... the absence of any specific reference in the amended provision regarding its operation, it is presumed that it is only prospective. though it is clear that by the indian contract (amendment) act, 1997, the original section 28 has been replaced by a new paragraph in which such extinction of right unless exercised within a specified period of time, if ..... .1 as inadvertent and started the procedure afresh. it was not his case before the arbitrator that the clause is void and hit by section 28 of the contract act. if so, he could have straightaway asked for appointment of arbitrator on the ground that from the date of rejection he had three years. he does not ..... was no limit on the enforcement of the same and that being so stipulation in the present case was not hit by the provisions of section 28 of the contract act.(ix) in vishwanath sood v. union of india (supra), at page 666 (page 363 of arb. lr) the supreme court held:9. the division bench ..... of maintenance as indicated in item no. 1.117 is about 10% of this amount per month. for a road of length of 176 metres, the cost of formation as per item no. 1.116 would be rs. 3.52 lakhs and maintenance cost at 10% per month would be rs. 35,200. thus, but for .....Tag this Judgment!
Court : Chennai
Decided on : Mar-15-2007
Reported in : (2007)3MLJ666
..... constituted a tribunal with power and functions of the court to deal with reference arising out of acquisition of land for u.p. municipal corporation under the land acquisition act; 1894. the indian evidence act, 1872 and the code of civil procedure, 1908 apply to all proceedings before the tribunal. its decision are final subject to appeal under sub-section (1) of section ..... subject matter of writ petition under article 226 of the constitution of india.23. the writ appeal preferred is by virtue of clause 15 of the letters patent and the format of the appeal has been as prescribed under appellate side rules of this court. under order 4 rule 9(1) of appellate side rules, it is stipulated that '...every proceeding ..... trust v. official trustee of madras) and : (2005)1mlj394 (selvarani v. the commissioner, karaikudl municipality).9. the learned counsel further relied upon section 23(2) of the act and contended that there being no contract reduced to writing in the case of the writ petitioner, the same was in violation of rule 100 and therefore, for not following the statutory procedure the ..... area, a weigh-bridge was stated to have been purchased in the year 2001 and the maintenance contract was granted in favour of the writ petitioner by letter dated 12.06.2002. initially, the contract was for a period of eleven months. the said contract was extended for a further period of eleven months from 13.06.2003 to 12.05.2004 by .....Tag this Judgment!
Court : Chennai
Decided on : Jun-05-2007
Reported in : 2007(3)ARBLR545(Madras)
..... contingent upon the happening of impossible events, to be void.55. while the provisions of sections 20, 23 to 30 and 36 of the contract act, deal with agreements which are void from their very origin, section 35 deals with agreements which become void subsequently, though they are not vitiated at ..... 06.12.1995 to be null and void, inoperative and incapable of being performed. therefore, one must have recourse to the provisions of the contract act, 1872 to find out the circumstances in which an agreement would be said to be void or voidable or unenforceable.53. as stated in paragraph ..... india and a foreigner, whereby the foreigner agrees to supply arms and ammunition to the indian citizen who holds no licence for such import, such an agreement would be hit by section 23 of the contract act. this agreement would be void ab initio and hence the arbitration clause contained in such ..... of the parties is obtained by coercion, fraud or misrepresentation or undue influence is declared as voidable under sections 19 and 19-a of the contract act. they are voidable at the option of the party whose consent was so obtained. but coercion, fraud or misrepresentation or undue influence, which taints ..... equipment for the pulp and paper industry and the suppliers thereto in india.(b) the said joint venture agreement, among other things, contemplated the formation and incorporation of a new company under the name and style of enmas ahlstrom private limited with etpl acquiring 60% and ahlstrom acquiring 40% of .....Tag this Judgment!
Court : Chennai
Decided on : Oct-12-2007
Reported in : 2007(5)CTC513; (2007)6MLJ128
..... attestors, but it must be proved that the attestations were made properly as required by clause c of section 63 of the indian succession act. under section 68 of the indian evidence act, a concession has been made to prove and establish a will, only by examining one attesting witness, even though the ..... in the expression 'declaration' that it should be to the knowledge of the person affected thereby. an uncommunicated declaration is no better than a mere formation or harbouring of an intention to separate. it becomes effective as a declaration only after its communication to the person or persons who would be ..... high court in rangaswami naicker v. chinnammal : air1964mad487 , is 'only to remove the disability of women imposed by law and not to interfere with contracts, grants or decrees etc. by virtue of which a woman's right was restricted' and, therefore, where property is acquired by a hindu female under ..... (2) made it clear that the object of section 14 was only to remove the disability on women imposed by law and not to interfere with contracts, grants or decrees etc. by virtue of which a women's right was restricted. in sukhram v. gauri shankar 1968 1 scr one kishan devi ..... will, apart from the maintainability of the evidence, has not been taken note of by the learned first appellate judge. 45. section 63 of the indian succession act, 1925 speaks about the execution of unprivileged wills, which reads as under:63. execution of unprivileged wills. - every testator, not being a soldier .....Tag this Judgment!
Court : Chennai
Decided on : Apr-27-2007
Reported in : (2007)6MLJ935
..... a notification, obviously upon consideration of all the relevant materials, that notification stands superseded by another governor of the state without however, ascribing any reason whatsoever - as noticed earlier, formation of opinion ought to be with reasons and not dehors the same! what was the reason for this change - apparently there is no answer;. governmental action must be based on ..... cannot be ignored.20. the respondents 1 to 4 challenged the locus standi of the petitioners in filing the writ petition on the ground that there is no privity of contract between them. the right to challenge may arise, if any, only after acquisition proceedings is initiated against the property of the petitioners and the petitioners cannot espouse the cause ..... assurance from the decision-maker that it will not be withdrawn without giving him first an opportunity of advancing reasons for contending that it should not be withdrawn.21. the indian scenario in the field of 'legitimate expectation' is not different. in fact, this court, in several of its decisions, has explained the doctrine in no uncertain terms.vii) p ..... highways authority of india erected the petrol bunk and energised it. the person seeking to invoke the doctrine of legitimate expectation must be aggrieved and should have altered his position acting upon the states action/inaction. legitimate expectation has to be determined keeping in view larger public interest and not according to claimant's perception. on facts, the plea of .....Tag this Judgment!
Court : Chennai
Decided on : Jul-12-2007
Reported in : 2007(4)CTC13; (2007)6MLJ1
..... standards, atmosphere and infrastructure (including qualified staff) and the prevention of maladministration by those in charge of management. the fixing of a rigid fee structure, dictating the formation and composition of a governing body, compulsory nomination of teachers and staff for appointment or nominating students for admissions would be unacceptable restrictions.32. in the majority judgment of ..... parties intended to adopt this system as a permanent arrangement for all time to come. there is a clear distinction between a legislation and a private arrangement or contract. a contract is essentially an agreement between two or more parties; a law is not an agreement between the parties, but is a binding rule of conduct deriving its ..... to meet the demand - particularly in the sector of medical and technical education which call for substantial outlays. while education is one of the most important functions of the indian state it has no monopoly therein. private educational institutions - including minority educational institutions - too have a role to play.40. any system of student selection would be ..... been specifically disapproved in pai foundation. such imposition of quota of state seats or enforcing reservation policy of the state on available seats in unaided professional institutions are acts constituting serious encroachment on the right and autonomy of private professional educational institutions. such appropriation of seats can also not be held to be a regulatory measure in .....Tag this Judgment!
Court : Chennai
Decided on : Dec-19-2007
Reported in : (2008)2MLJ84
..... (south), the zonal manager and the then cmd andv c.r. viswanathan, claiming that he was to be designated as the organising secretary and the organising committee under formation included high dignitaries like the chief secretary, finance secretary, education secretary, director general of police and several others, informed him that there are no separate constitution and by- ..... of appropriate punishments on them; r. the petitioner has been found guilty of the articles of charges and the misconduct committed by him falls under regulation 3(1) of indian bank officers' employees (conduct regulations) read with regulation 24 of the said regulations; and s. the disciplinary authority has considered all the materials relating to the charge ..... above, the irrefutable circumstantial and documentary evidence and the overall aspects of the matter clearly establish the involvement of the petitioner's superiors under whose direction, he has acted upon and therefore, he is entitled to the protection and guarantee mentioned in the regulation. it is also noteworthy that the aforesaid regulation has been meticulously incorporated in ..... or an equal treatment consistent with the principles of natural justice. any law made or action taken by the employer, corporate statutory or instrumentality under article 12 must act fairly, justly and reasonably. right to fair treatment is an essential inbuilt of natural justice. exercise of unbridled and uncanalised discretionary power impinges upon the right of the .....Tag this Judgment!