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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: andhra pradesh state consumer disputes redressal commission scdrc hyderabad Page 1 of about 435 results (0.091 seconds)

Jul 22 2013 (TRI)

Veenus and S.V. Projects and Others Vs. A. Saida Reddy and Others

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... facie, the contention appears to be plausible but on construction and conspectus of the provisions of the act we think that the contention is not well founded. parliament is aware of the provisions of the arbitration act and the contract act, 1872 and the consequential remedy available under section 9 of the code of civil procedure, i.e., to avail of right of civil ..... action in a competent court of civil jurisdiction. nonetheless, the act provides the additional remedy. ? this judgment of the supreme court has been ..... this commission. 45. that in the event of any dispute arising with regard to the interpretation, scope and ambit if various clauses stipulated herein above and in respect of this contract, the parties hereto shall seek the redressal of the same through arbitration by nominating sole arbitrator. the disputes among the parties shall be settled through arbitrator under the provisions of ..... or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service; by virtue of section 2(1)(o) of the consumer protection act the complainants are undoubtedly entitled to prosecute this case before this commission in the light of housing activity taken upon by the petitioner .....

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Jul 09 2013 (TRI)

Hanuman Joshi and Others Vs. M/S Omega Shelters Pvt. Ltd., Rep. by Its ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... facie, the contention appears to be plausible but on construction and conspectus of the provisions of the act we think that the contention is not well founded. parliament is aware of the provisions of the arbitration act and the contract act, 1872 and the consequential remedy available under section 9 of the code of civil procedure, i.e., to avail of right of civil ..... action in a competent court of civil jurisdiction. nonetheless, the act provides the additional remedy. ? this judgment of the supreme court has been ..... dismissed and they also taking steps for impleading the sons of the complainants as proposed parties in view of the developments. 7. the complainants filed rejoinder contending that the independent contracts entered by opposite parties with regard to 3 different premises and the complainants are not parties to the documents and has nothing to do with it. the complainants submitted that ..... or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service; by virtue of section 2(1)(o) of the consumer protection act the complainants are undoubtedly entitled to prosecute this case before this commission in the light of housing activity taken upon by the petitioner .....

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Dec 23 2011 (TRI)

Praveen Kumar Reddy Sirupa Vs. Study Overseas India Pvt. Ltd. and Anot ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... only the ??disclosed ? agent of respondent no. 2. the provisions of the contract act, 1872, clearly provide that an agent is not liable for the acts of a disclosed principal subject to a contract to the contrary provided in section 230 of indian contract act. the liability if any, to the appellant was that of respondent no. 2 ..... reported in 60 (1995) dlt 522 (sc)=ii (1995) bc 372 (sc)=air 1995 sc 1766, the supreme court held that parties to a contract may agree to vest jurisdiction in one court when two or more courts are competent to entertain the matter. in navdeep singh v. i.i.t.t. ..... competent courts which can entertain a suit consequent upon a part of the cause of action having arisen there within, if the parties to the contract agreed to vest jurisdiction in one such court to try the dispute which might arise as between themselves the agreement would be valid. in m/ ..... of the offer letter dated 27.6.2008 and has conveniently omitted the other pages thereof. the said offer letter, inter alia states that all contracts and agreements are governed by english law and the jurisdiction of the english courts. the appellant accepted the offer of respondent no.2 and enrolled for ..... the m.sc. public health course with university of bedfordshire, england, u.k. in september 2008 thus, signifying a concluded contract between the appellant and respondent no. 2. the contract was entered into, concluded and conducted solely in england. the respondent no. 2 submits that the courts of india do not .....

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Jan 29 2013 (TRI)

R.V. Ramgopal Vs. Shriram Transport Finance Company Limited

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... sign the blank documents and therefore the agreement is virtually a standard form of contract and in the event of any terms and contracts being found to be illegal as contemplated under section 23 of the indian contract act, 1872, the said objectionable clauses shall be struck down by the forum as per judgement ..... that those agreements were still in existence and they were again rescheduled by it. opposite party further submitted that it is barred under indian contract act that once an agreement is closed and new agreement is created then the old agreement terms and conditions will not come into picture and even ..... complaint. it submitted that the complaint is not filed according to the provisions of consumer protection act, 1986 and the grounds mentioned by the complainant are also barred under section 62 of the indian contract act and hence the complaint may be dismissed. it submitted that the complainant is not a ??consumer ..... as defined within the meaning and section 2(d) of the consumer protection act, 1986. the complainant is a fleet owner having 3 ..... also a fact exclusively within the knowledge of opposite party herein as per the provisions contained in section 106 of indian evidence act, 1872 and the burden of providing the same lies exclusively upon the opposite party as per ratio of the judgement reported in .....

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Nov 25 2009 (TRI)

M.Seshadri Vasa Vs. Magalipuri Kishore Kumar and Another

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... bound by, contracts on behalf of principal.-in the absence of any contract to that effect, an agent cannot personally enforce contracts entered into by him on behalf of his principal, nor is ..... a matter of common knowledge especially in legal circles that when a contract is entered into by an agent on behalf of the principal, it binds the principal and very rarely binds the agent. in this regard, what section 230 of indian contract act, 1872 postulates is worth noting: 230.agent cannot personally enforce, nor be ..... a matter of fact, this is not at all a case of the agent having entered into the contract on behalf of the principal. if it were such a case, then definitely as per section226 of the contract act, the principal would have been bound by it. the facts here are the other way round. ..... be devoid of any probative value in that behalf. on the other hand, exs.a9, a5 and a6 clearly show that this is a bipartite contract between the complainant and opposite party no.2. just as the complainant and the district forum fell into an error in the appreciation of the fact, ..... party no.2 on the other and it was rather incomprehensible as to how he could be saddled with any liability when there was no privity of contract. in support of his case, the complainant filed his own affidavit and relied upon documents marked as exs.a1 to a10. opposite party no.1 .....

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Mar 25 2011 (TRI)

Syndicate Bank, Rep. by Its Sr.Branch Manager, Brindavan Gardens, Gunt ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... s.sudha cotton syndicate who have not paid their loans and hence they are entitled to exercise lien u/s.171 of the indian contract act, 1872. the brief point that falls for consideration is whether the banker has general right of lien to retain the gold ornaments pledged for a ..... customer and not goods bailed to them by some other customer. the learned counsel for the appellant/opposite party also relied on section 171 of indian contract act 1872 which reads as follows: 171 general lien of bankers, factors, wharfingers, attorneys and policy brokers- bankers, factors, wharfingers, attorneys of a high ..... is not entitled to retain the gold ornaments of the complainants. the learned counsel for the complainants further relied on section 171 of the contract act, 1872 and submitted that once gold loan had been repaid by guarantor, the bank cannot retain their gold ornaments. therefore, the retention of gold ornaments ..... 2004 orissa 142 in alekha sahoo v. puri urban co-operative bank ltd., and others which the honble high court held as follows: contract act (9 of 1872) s.171 general lien of banker is on security of principal debtor and not guarantor. grant of principal debtor and not guarantor, grant ..... court and policy brokers may, in the absence of a contract to the contrary, retain, as a security for a general balance of account any goods bailed to them; but no other persons have a right .....

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Aug 23 2012 (TRI)

K. Kiran Kumar Reddy, Secunderabad Vs. M/S. Omega Shelters Private Ltd ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... completion of construction as a consumer dispute and submitted that there is no deficiency in service and the relief sought is governed by the provisions of section 73 of indian contract act. opposite party submitted that the claim of compensation of rs.2,00,000/- and rs.25,000/- towards legal expenses interest at 12% p.a. on rs.72,86,000 ..... /- etc. also are within the domain of section 73 of indian contract act and submitted that the proceedings under the consumer protection act, 1986 are summary in nature and hence any decision taken summarily in the above referred case will be against the spirit of justice. opposite party submitted ..... barred by limitation. opposite party submitted that the dispute raised does not fall under the definition of consumer protection act, 1986 as it is a contractual obligation under an agreement and comes under right of specific performance of the contract under the specific relief act. it submitted that the complainant is neither dejure nor defacto owner of the property and till the registered ..... view that it would be appropriate that these forums created under the act are at liberty to proceed with the matterin accordance with the provisions of the act rather than relegating the parties to an arbitration proceedings pursuant to a contract entered into between the parties. the reason is that the act intends to relieve the consumer of the cumbersome arbitration proceedings or civil .....

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Dec 18 2008 (TRI)

Post Master General and Others Vs. Siddabhathuni Venkata Madhavi and A ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... mere execution of policy is not an acceptance, an acceptance must be communicated to the offerer either directly or by some definite act, such as placing the contract in the mail. here, the acceptance of r3 was proposed to be communicated by sending by way of registered post. considering ..... is not an acceptance, an acceptance, to be complete, must be communicated to the offerer, either directly, or by some definite act, such as placing the contract in the mail. the test is not intention alone. when the application so requires, the acceptance must be evidenced by the signature ..... review slip recommending that the proposal ??may be accepted made by the assistant divisional manager, it came to the conclusion that there was concluded contract. the supreme court held that there was no endorsement of acceptance by the relevant authority. in that context their lordships opined: ??the ..... court in life insurance corporation of india v. raja vasi reddy, komalavalli kamba and others reported in air 1984 sc 1014opined that, ??a contract of insurance would be concluded only when the party to whom an offer has been made accepts it unconditionally and communicates his acceptance to the ..... acts agreed on by the parties or from which the law raises a presumption of acceptance. see in this connection the statement of law in corpus juris secundum, vol. xliv page 986 wherein it has been stated as ?? ??the mere receipt and retention of premiums until after the death of applicant does not give rise to a contract .....

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Apr 28 2014 (TRI)

M/S. Just Dial Limited Vs. M/S. Comwen Information Technologies Pvt. L ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... as such it does not come within the definition of consumer as defined u/s. 2 (d) of the consumer protection act, 1986. it is his further contention that there is no contract in between the parties with regard to continuation of services and thus seeks to suspend the said order. we are unable to ..... 2014. in the said c.c. it also filed i.a.no.113/2014 seeking an interim injunction not to stop the services pursuant to the contract dated 28-3-2014. the district forum having considered the said petition and also the submissions granted interim direction as prayed for. the said order is ..... not adhering to the terms of the said contract and providing services as agreed upon, the complainant approached the district forum and filed the complaint and the same is numbered as c.c.no.237/ ..... involved in commercial activity and it does not fall within the scope of section 2(d) of the consumer protection act, 1986 that affects the main case, similarly what are the terms of the contract has to be gone into by the district forum. in those circumstances, we do not see any merits in this ..... by its order directed the opposite party not to stop the services of the petitioner i.e. complainant pursuant to the contract dated 28-3-2014. it appears that there was a contract between the respondent/complainant and the petitioner/opposite party for a period of one year but however as the opposite party is .....

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Apr 12 2010 (TRI)

M. Parthasarathy Vs. the Branch Manager and Another

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... reading of which can be better understood, rather than answered: ??the company knew that the it has already set forth (an option in the contract) a two year period from the date of last unpaid premium to revive the policy, through its non forfeiture clause which is advantageous for its ..... dismissed the complaint. 6) aggrieved by the said order, the complainant preferred the appeal taking up the very same contentions that the terms of the contract are loaded against the policyholders and their nominees. when he agreed to pay the premium the insurance company ought to have revived the policy. he ..... in the light of above terms and conditions the claim was repudiated by its letter dt. 18.3.2009. the life insurance policy is a contract and the parties are bound by its conditions. the allegation that it has used the conditions tactfully and conveniently to make the claim inadmissible is baseless ..... act is an act made by the parliament. this commission being a tribunal constituted under the consumer protection act cannot strike down either the terms of the contract or the provisions of the insurance act on the ground that they were against the interests of ..... of his deceased wife. this is very repugnant to the insurance law. 10) the complainant questioned several sections of insurance act as well as terms of the insurance contract on the ground that they were against the public policy and are liable to be struck down. the insurance .....

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