Judgment Search Results Home > Cases Phrase: interpretation clause Court: chennai Page 14 of about 15,154 results (0.052 seconds)

Neyveli Lignite Corporation Limited Represented by Its Company Secreta ...

Court : Chennai

Reported in : (2006)4MLJ1513

..... - paras 21 and 44 further, in the present case, there is no question of interpretation of clauses 17 & 18 as the said clauses are so clear and unambiguous that they do not require any interpretation. ..... puran chand nangia wherein this court had held that an interpretation of a particular clause of the agreement must be such, so as to balance the rights of both the parties and when a variation clause permits the employer to make variation in the work upto a specified limit beyond the said limit, the claimant could be paid at a higher rate.... k ..... in the aforesaid view of the matter, the contention of shri nariman that the error, if any committed by the arbitrators, was an error within their jurisdiction (the same being relatable to interpretation of the contract) and such an error is not amenable to correction by courts as held in sudarshan trading co. v. ..... therefore, having accepted certain items of claim, the remaining claims are matter of dispute which are covered by clause 78 of the conditions of contract and in that view, the learned sub-judge has proceeded to hold that the petitioner has agreed for certain items of the claim and rejected the other claims as the ..... claims made and upon perusing the documents filed in support of both the sides and on due consideration of all the issues in accordance with the terms and conditions of the agreement under the arbitration clause, passed an award holding that the first respondent is entitled to the award and dismissed the arbitration o.p. .....

Ennore Port Limited, Vs. Hcc Van Oord Acz Joint Venture, and ors.

Court : Chennai

..... as regards the interest on the retention money, the learned single judge was persuaded to accept the award of the arbitral tribunal which submitted that the interest as provided under clause 16.8 is applicable for normal delay and that would not be applicable in the present case and to pay for interest at 18% stating that they had been borrowing funds from the bank ..... , the supreme court held as follows:"they have acted upon a particular interpretation of certain clauses of the contract on which two views are possible. ..... for payment and interest: the amount due to the contractor under any interim payment certificate issued by the engineer pursuant to this clause, or to any other term of the contract shall, subject to clause 47, for local currency payments, be paid by the employer to the contractor and for foreign currency payments, be notified to the state bank of india by the employer for transfer to the contractor's 0verseas bank, within ..... that when the payment of retention money itself is in dispute, the interest in clause 60.8 shall not be applicable and considering the commercial nature, awarded interest at 12%, the learned single judge observed that it is not as if the tribunal disregarded the clause, but had only interpreted the clause.20. ..... he would also submit that if a clause gives room for two different interpretations, it should be construed in the manner that is in favour of the party which had not drafted the contract and that would be in consonance with the doctrine .....

The Board of Trustees of Chennai Port Trust, Rep. by its Chairman, Che ...

Court : Chennai

..... article 1 -definitions and interpretations under clause 1(d) of the agreement reads thus : "if the whole or any part of any conditions shall be or become illegal or invalid or unenforceable for good and sufficient reasons of any act of state or any statutory provision or by ..... the learned counsel for the respondent further contended that dispute was referred to the arbitrators by this court, as per the clause in the agreement and therefore, the contention of the appellant that remedy for failure of negotiation lies only with the cancellation of ..... learned counsel for the appellant is that failure of negotiation gives the only remedy of cancellation of the agreement, as per article 1 clause 1(d) of the agreement, dated 05.01.2000 and the appellant cannot be directed to over ride the agreement through the impugned award. ..... policy of india fell for interpretation before this court in ongc ..... directed to delete guaranteed productivity minimum guarantee throughput in article iv, subject to condition that the said clause be kept under suspended animation for one year and then be reviewed among the parties. ..... therefore, the first respondent invoked the arbitration clause on 08.08.2006 and this court, by order, dated 08.09.2006 in o.a.no.654 of 2006, directed the ..... contends that the doctrine of res adjudicata, more particularly, constructive res judicata squarely applies to this case; that remedy for failure of negotiation, as per clause 2(d) of the agreement is cancellation of the agreement. .....

Shankar Karikar Vs. M/s. Envee Enterprises by its Partner Sasikala Vam ...

Court : Chennai

..... this fact becomes crucial since the interpretation with respect to the forfeiture clauses in the agreement turns the suit for deeper consideration. ..... this clause when interpreted would mean that on the date of the determination of the stamp duty by the inspector general of registration, before whom the document was pending for adjudication, the plaintiff should first pay the stamp duty as ..... finally under clause (11), it had been specifically stated that the plaintiff should bear the payment of additional stamp duty that would become payable after the dispose of the above said appeal now pending before the inspector ..... further, the clauses in the agreement of sale, reveal that the plaintiff had paid as advance as rs.25 lakhs by cheque no.738752 dated 9.8.2006 drawn at corporation bank to the vendors. ..... this clause is also very important. ..... this clause and covenant is again very important because both the parties, who are the signatories to the agreement, had agreed that the stamp duty as determined by the inspector general of registration alone had been agreed to be .....

Selvaraj, S/O Gnanadesihan Vs. P. Viswanathan

Court : Chennai

Reported in : 1999(2)ALD(Cri)438; 1999CriLJ4766; 1999(2)CTC652

..... to be given its due meaning with the further realisation thatsubsequent provision of law has to be preferred to the earlier provision of law.according to the learned counsel, giving full scope to sub-clause (c) of section142 while interpreting the same and then reading the non obstante clause assetting at naught every contrary provision thereto in the code would clearly bringout a position that a magistrate, who would try an offence under section 138 ofthe act, can have ..... if this is the fair interpretation of clause (c) of section 142, then anything which is contrary to the same including section 29 of the code limiting the sentencing power of the magistrate of the first class or as the case may be, of the metropolitan magistrate would have to be held as set aside owing to the non obstante clauses which precedes clauses (a), (b) and (c) of section 142 of the act as per the law laid down in aswini kumar's case, : [1953]4scr1 . 19. ..... if the legislature felt that a magistrate of the first class could try any offence punishable under section 138, then, it would be cutting down the powers spelt under section 142(c) by interpreting that the magistrate's powers of inflicting sentence of fine are limited and controlled by section 29 of the code in spite of a non obstante clause steering at that provision which would have the effect of ignoring all the provisions of the code. .....

M.Rajkumar Vs. Southern Railway

Court : Chennai

..... as regards interpretation of clause 18 of the standard contract, the change ..... that from the next on account bill of the petitioner, which is due to be finalized this week, the recovery is going to be effected by applying the vitiation clause by the respondents and therefore i addressed the 3rd respondent, who is the authority effecting recovery of amount under the vitiation clause, on 16.2.2011, elucidating clearly how the respondents cannot resort to effecting such recovery of amounts from the on account bills of the applicant. ..... , that there is admission by the respondents in para-12 of the counter, that l2 & l3 tenderers did not extend the validity of their offers, therefore, it is not open to the applicant to apply vitiation clause based on the tenders of l2 and l3, as it cannot be said, that these are valid tenders for want of extension.10. ..... i am advised to submit that in an identical arbitration proceedings, the issue/dispute with regard to the applicability of vitiation clause in respondents' contract was specifically referred to the railway arbitral tribunal and the tribunal had in their award clearly held that once a contract is concluded, the rates agreed to ..... if the respondents are allowed to recover amounts on, cc/on account bills of the applicant by applying vitiation clause pending adjudication of the applicability of the same in the arbitration proceeding, the applicant will be put to serious and irreparable loss and hardship and no prejudice would be caused to the .....

Sri Veknataramanaswamy Blue Metals Vs. District Collector

Court : Chennai

..... even if these rules clauses are interpreted in the widest terms, it is not possible to understand them as empowering the state governments to make rules regulating the minerals after they underwent process such as polishing, cutting, burning, pulverizing etc. .....". 26.3.13. ..... it is a well-settled principle of interpretation that the interpretation that advances the object of the legislation has to be preferred for one that could go against the purpose of the legislation.23. ..... the following ratio could be culled out from the various judicial precedents referred to above: a) the word 'mineral' is judicially interpreted, more than it is statutorily defined. ..... (8) a licence may be renewed for a period of not exceeding one year from the date of expiry of licence granted under clause (a) of sub-rule (6). ..... clause (d) of paragraph 40 of the judgment in novel granites's case, presumes that there is a change of character of the mineral after it undergoes the process of pulverization. .....

K.Chandrasekar Vs. Indian Bank

Court : Chennai

..... we are afraid, we cannot accept this to be a justified reason, as it leads to wrong interpretation of clause (e) of regulation 46 of the officers' regulations.14. ..... the division bench in ashwani kumar sharma (supra) held that this clause cannot apply to the case of compulsory retirement. ..... we are concerned herein with clauses (a) and (d). ..... however, clause (e) states that if the termination of service is occasioned by way of punishment, then the officer will not be entitled to gratuity. .....

Jarugumilli Brahmayya, (Minor) by Mother and Next Friend Rajeswaramma ...

Court : Chennai

Reported in : AIR1922Mad373; (1922)43MLJ229

..... the exception to section 8 gives a clue to the interpretation of clauses 2 and 5 of section 3 of the act. ..... general rule of construction in every case, that you are not only to look at the words but you are to look at the context, the collocation, and the object of such words relating to such a matter, and interpret the meaning according to what would appear to be the meaning intended to be conveyed by the use of the words under such circumstances. ..... no doubt we have to see what the words of clause 3 of section 3 import, but in interpreting that clause we have to give it such meaning as is consistent with what follows and what precedes it. ..... i have stated the principles of construction of statutes at some length in order to show what the duty of the court is in interpreting the provisions of an enactment which are either not quite clear or which are opposed to other provisions as well as to the general scheme and policy of the act as gathered from the act itself ..... will induce me to withdraw a case from the operation of a section which is within its words but clear and unambiguous evidence that so to do is to fulfil the general intent of the statute; and also that to adhere to the literal interpretation is to decide inconsistently with other and over - ruling provisions of the same statute. ..... if i am wrong in my interpretation of the word 'owning' in this clause, it would follow that the holder of the estate defined in clause 2(e) would not be a land-holder within the meaning of the act. .....

D. Uthirakumaran Vs. Government of Tamil Nadu and anr.

Court : Chennai

Reported in : (1990)ILLJ205Mad

..... such a case, it could even be said that this power of suspension (not by way of punitive action) has been provided by means of an independent rule, this principle of interpretation that the same meaning should be ascribed to the expression 'charge/charges' may not loom large. ..... clause (3) - andhra pradesh administrative tribunal order 1975, d/19th may, 1975 under - applicability of order - phrase, 'civil services of the state' in clause (c) - interpretation. ..... having regard to the plurality of its meaning, the sense in which the expression is used in different sections, and even clauses, must be ascertained from the context of the scheme of the act, the language of the provision and the object intended to be served ..... the plain and unambiguous nature of rule 17(e)(1)(i) of the rules and on interpretation of the said rule the reference to charges in sub-rule (e)(i) of ..... 9773 of 1987 which categorically lays down, while interpreting the said rule, that unless on the date of suspension there has been a formulation of charges, there could be no order of suspension; and (ii) the judgment in ..... these canons of construction apply to the interpretation of the constitution with greater force, because the constitution is a living, integrated organism; having a soul and consciousness of ..... construed loosely, in its widest general sense, this elastic phrase 'civil services of the state' in clause (3) can be stretched to include the 'officers and servants of the high court' as well as members of the .....