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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: andhra pradesh state consumer disputes redressal commission scdrc hyderabad Year: 2011 Page 1 of about 55 results (0.160 seconds)

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

Decided on : Dec-23-2011

..... 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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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

Decided on : Mar-25-2011

..... 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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Jul 26 2011 (TRI)

Dtdc Courier and Cargo Ltd. Rep. by Regional Manager and Another Vs. M ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jul-26-2011

..... cover to ensure that their interests are fully protected in all events. ? the supreme court finally opined that the national commission was right in limiting the liability undertaken in the contract entered into by the parties and in awarding the amount for deficiency in service to the extent of the liability undertaken by the respondent. 9) in fact this decision has ..... limited their liabilities, the question arises: whether the state commission or the national commission under the act could give relief for damages in excess of the limits prescribed under the contract ? the supreme court had considered the terms of the contract in such a case. it held ??it is true that ..... the limit of damages woulddepend upon the terms of the contract and facts in each case. in ansons laws of ..... the act is a protective legislation to make available inexpensive and expeditious summary remedy. there must be a finding that the respondent was responsible for the deficiency in service, the consequence of which would be that the appellant had incurred the liability for loss or damages suffered by the consumer due to deficiency in service thereof. when the parties have contracted and .....

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Jan 31 2011 (TRI)

A. Venkateswara Rao Vs. the New India Assurance Co., Ltd., and Another

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jan-31-2011

..... to the submission of evidence of sale and on submission of proposal to be filed and signed by the transferee. it is contended that there was no contract between the complainant and the opposite party no.1 for own damage risk. 15. the honble supreme court in national insurance company vs laxmi narayana reported ..... third party claims and not for the own damage claim. therefore, by any stretch of imagination it cannot be said that section 157 of m.v.act can be invoked for the deemed transfer of the insurance policy in favour of the complainant. the decision relied upon by the complainant that the original ..... under indian motor tariff and it came into force from 1.4.1990 claiming statutory status under the provisions contained in part-ii-b of the insurance act, obviously overlooking the substantive provisions of law relating to transfer of insurance policies for own damage in cases of comprehensive or package policies. the indian ..... and others reported in ii (2003) slt 62 = 1 (2003) acc 368 (sc) and held that the provisions of section 157 of the m.v. act apply only to cases of 3rd party risk and by implication, holding that in any other case the actual transfer would only govern the course of rights. the ..... partyno.1 had deputed a surveyor who assessed the loss at `80,298/-. the contention of the complainant is that section 157 of the m.v.act and general regulation no.17 of the indian motor tariff is not applicable to his case. the complainant has relied on the decision of the honble national .....

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Oct 19 2011 (TRI)

P.Masthan Prasad Rao Vs. the Branch Manager, Icici Lombard General Ins ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Oct-19-2011

..... depend not only on the express terms but also on the law supplying some more flesh and blood to such contract 12. the supreme court in ??complete insulations pvt. ltd. vs. new india assurance company ltd ? . reported in i (1996) cpj 1 (sc) ..... the contract of insurance policy. the supreme court upheld the decision of the national commission which dismissed the claim of the transferee, referring to the full bench ..... by the insured for an insurance claim on the foot of an insurance policy belongs to the realm of enforcement of an insurance contract. the ground theme of any insurance contract that is agreed between the parties is indemnification in monetary terms for the risk covered therein. its enforceability and sweep of operation again ..... clearly held that section 157 of the m.v. act is applicable only in cases of 3rd party risk and in the matter of others, the claim has to be decided only on the basis of actual terms of ..... out from the dicta contained in supreme court judgment, between the 3rd party risk under the motor vehicles insurance act and the other benefits flowing out of comprehensive insurance policy . section 157 of the m.v. act reads as follows: 157. transfer of certificate of insurance. (1) where a person in whose favour the .....

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Oct 12 2011 (TRI)

M/S. Kapil Chit Funds Pvt.Ltd., Rep. by Chief Manager Vs. Sri G. Surya ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Oct-12-2011

..... the payment of due instalments of k.ashok kumar is also liable to pay the said due amount jointly and severally along with other guarantors u/sec. 128 of indian contract act. the liability of surety is co-extensive with that of the principal debtor and his liability is immediate. the complainant suppressed the fact that he stood as surety to pay .....

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Jan 27 2011 (TRI)

Housing Development Finance Corporation (Hdfc) Rep. by Its Deputy Gene ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jan-27-2011

..... . it was entitled to recover the amount. it is entitled to retain the documents till the amount was discharged by virtue of bankers lien in terms of section 171 of contract act. therefore it prayed for dismissal of the complaint with costs. 4) the complainant in proof of his case filed his affidavit evidence and got exs. a1 to a5 marked while .....

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Jul 28 2011 (TRI)

Royal Sundaram Alliance Insurance Co. Ltd., Rep. by Its Branch Manager ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jul-28-2011

..... there is no statutory liability on the insurance company and that the statutory liability is under workmen compensation act and it is on the employer and the policy is a matter of contract between the insurance company and the insured. section 4 of the policy (ex.b1) under the heading ..... force in the contention of the opposite party that it is the insured who has to seek settlement of the claim under the workmen compensation act and claim reimbursement from the insurance company. therefore we are of the considered view that the repudiation by the appellants/opposite parties is justified. ..... the company shall indemnify the insured against the legal liability under workmen compensation act ? in respect of the death or bodily injury (other than the paid driver) exceeding six in number. there is no liability under this ..... apply to imt 28. this clause reads as follows: ??the company shall indemnify the insured against the insureds legal liability under the workmens compensation act i.e. the insured has to satisfy the amount if any and then approach the insurance company for indemnification. imt 39 reads as follows ?? ..... the district forum has no jurisdiction to entertain the complaint and it should have been filed before the commissioner of labour under workmen compensation act. the opposite party submits that as per the policy conditions only the owner/driver is eligible for personal benefits and the liability of .....

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Sep 29 2011 (TRI)

Yadagir Shanganti Vs. Radiant Infosystems Pvt. Ltd.Rep. by Its Directo ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Sep-29-2011

..... necessary equipment would be supplied besides imparting training in management and operation of rajiv portal for service channel purpose and other 64 services. despite the fact that he fulfilled his contract by taking kiosk on rent, purchasing furniture and fixtures and paying salaries to the staff, however, the respondents did not provide the equipment amounting to deficiency in service, and ..... therefore he prayed that the complaint be allowed. 9) during the course of hearing of the appeal, r3 filed a photostat copy of contract entered into by it with bel (r2) marked as ex. b1. 10) the points that arise for consideration are: i) whether the complainant is a consumer, and the agreement ..... while the respondents filed their affidavit evidence, and did not file any document. 7) the dist. forum after considering the evidence placed on record opined that for the project contract entered into between them he should seek specific performance by filing a suit. there is no deficiency in service on the part of respondents, and therefore dismissed the complaint. 8 ..... technology which itself excludes the argument that it was for commercial purpose and excludes the case of the complainant from the provisions of the consumer protection act. see section 2(1)(d)(ii) of consumer protection act. 12). not only in the said pamphlet but also in various other documents relied upon by the complainant, especially project information document, the complainant .....

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Mar 09 2011 (TRI)

Kuchakula Surendar Reddy and Another Vs. Sikhahara Constructions and O ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Mar-09-2011

..... -registrar and denied the other allegations made in the complaint. opposite parties 4 to 7 filed counter contending that there is no privity of contract between them and the complainant so far as the averments in the complaint are concerned. they submitted that the construction work is in progress ..... cannot be termed as ??consumer of land owners to maintain complaint for the relief claimed against them on the ground that there is no privity of contract and prayed for dismissal of the complaint. we rely on the decision of the apex court in fakir chand gulati v. uppal agencies pvt. ..... deed, aggrieved party has to approach civil court. opposite parties 4 to 7 filed their written arguments contending that there is no privity of contract between and the complainant and that only opposite party no.3 is instrumental in completing the construction and as such there is no deficiency of ..... development agreement. the vendee shall become the member with the other flat owners by complying the rules and regulations of the a.p.apartments act shall apply for all clarifications and other decisions of the association or society. by virtue of this sale deed the vendees have become absolute owners ..... material evidence in support of his case and submitted that there is no deficiency in service. they also submitted that the provisions of consumer protection act, 1986 do not have any application and submitted that they are neither proper nor necessary parties and prayed to dismiss the complaint. the complainant .....

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