Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Court: andhra pradesh state consumer disputes redressal commission scdrc hyderabad Year: 2011 Page 3 of about 55 results (0.041 seconds)

Nov 30 2011 (TRI)

Dr. G. Koulaiah Vs. J. Srinivas

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Nov-30-2011

..... and that they should exercise reasonable care in the discharge of their duties. in general, a professional man owns to his client a duty in tort as well as in contract to exercise reasonable care in giving advise or performing services ? . supreme court then opined as under: ??the skill of medical practitioner differs from doctor to doctor. the very nature of ..... due care and caution. medical opinion may differ with regard to the course of action to be taken by a doctor treating a patient, but as long as a doctor acts in a manner which is acceptable to the medical profession and the court finds that he has attended on the patient with due care, skill and diligence and if the .....

Tag this Judgment!

Nov 28 2011 (TRI)

The Oriental Insurance Company Limited, Represented by Its Branch Mana ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Nov-28-2011

..... permitting the vehicle to ply on the road without obtaining the fitness certificate which is essential in the teeth of section 66 of the motor vehicles act. the repudiation of the claim by the appellant insurance company is just and valid. the order of the district forum is liable to be set ..... whether a passenger carrying vehicle or a goods carriage unless the owner thereof holds permit within the meaning of sec 2 (31) of the motor vehicles act. 18. in the light of the principle laid by the natinal commission and the honble supreme court, we hold that the respondent has violated the ..... repudiation of the claim holding that conditions of the permit does not allow carrying of dangerous or hazardous goods. 13. section 66 of the m.v.act deals with the necessity of permit for a transport vehicle in any public place. it reads as under: 66. necessity for permit: no owner of ..... in the absence of fitness certificate, the respondent cannot ply the vehicle and if he does it amounts to violation of provisions of the motor vehicle act which in turn is breach of conditions of the insurance policy. 11. the learned counsel for the appellant insurance company has contended that there was ..... division of air freight limited and that the supreme court held that parties to contract are bound by the terms of the contract. the respondent had violated the terms of the insurance policy and the provisions of the motor vehicle act. if the insurance company is liable to pay any amount under the insurance policy .....

Tag this Judgment!

Sep 20 2011 (TRI)

Dr. K. Vijaya Lakshmi Nursing Home and Others Vs. Gummadi Sridhar and ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Sep-20-2011

..... and that they should exercise reasonable care in the discharge of their duties. in general, a professional man owns to his client a duty in tort as well as in contract to exercise reasonable care in giving advise or performing services ? . supreme court then opined as under: ??the skill of medical practitioner differs from doctor to doctor. the very nature of ..... to meet the urologist. we are of the considered view that the duty of care expected of a reasonable degree has been exercised by the opp.parties and they have acted as per standards of normal medical parlance. keeping in view the afore mentioned judgments and reasons, we are of the considered view that there is no medical negligence on behalf ..... due care and caution. medical opinion may differ with regard to the course of action to be taken by a doctor treating a patient, but as long as a doctor acts in a manner which is acceptable to the medical profession and the court finds that he has attended on the patient with due care, skill and diligence and if the ..... explain the technical issues as clearly as possible so that it can be understood by a common man. the other function is to assist the fora in deciding whether the acts or omissions of the medical practitioners or the hospital constitute negligence. in doing so, the expert can throw considerable light on the current state of knowledge in medical science at .....

Tag this Judgment!

Jul 05 2011 (TRI)

National Insurance Company Ltd. and Another Vs. Sambhavi Engineers

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jul-05-2011

..... or others are proposed to be covered, an additional premium is required to be paid for covering their life and property ? . following the above decision, we may state herein that contract of insurance pertaining to excavator is governed by terms and conditions of the policy. the terms of the policy and also the quantum of the premium payable for insuring the ..... . the honble supreme court in new india assurance company ltd. v. sadand mukh, reported in iii (2009) slt 300=ii (2009) acc 432 (sc)=observed that ??the provisions of the act, therefore, provide for two types of insurance ??one statutory in nature and the other contractual in nature. whereas the insurance company is bound to compensate the owner or the driver .....

Tag this Judgment!

Mar 29 2011 (TRI)

M/S Sai Ram Builders Rep. by Its Managing Partner Sri Pasala Gangadhar ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Mar-29-2011

..... as also on account of non-payment of excess amount orally agreed to be paid by the complainant. 5. the third opposite party has contended there is no privity of contract between him and the complainant and his undivided property to the complainant. it was contended that the third opposite party is not liable for the ..... acts of the opposite parties no.1 and 2 as also that no relief had been claimed against him. 6. the complainant has filed his affidavit and got marked exs.a1 .....

Tag this Judgment!

Jan 24 2011 (TRI)

M/S Kusalava Finance Ltd., Rep. by Its Manager Sri K. Koteswara Rao Vs ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jan-24-2011

..... the district forum. 12. the opposite partyno.1 has not pressed into service any other aspect except that as the matter is in regard to breach of contract for which the remedy available to the complainant is only in a civil court. the opposite party no.1 has sanctioned loan of `50,000/- and got ..... that they had collected the installments amount from the complainant for and on behalf of the opposite party no.1, sec.11(c) of the c.p.act would come into operation whereunder the cause of action conferring jurisdiction on the district forum is provided for. therefore, any question relating to the jurisdiction aspect ..... on their part. 3. the opposite party no.1 has contended that as a counter blast to the proceedings initiated under sec.138a of the negotiable instruments act, the complainant has filed the complaint. it was contended that the complainant had impleaded the opposite party no.2 as the branch office of the opposite ..... /- towards full and final settlement of his loan account was dishonored for insufficient funds in his account. the opposite party no.1 initiated proceedings under sec.138a of ni act. 2. the complainant contended that he has paid `1,07,850/- to sm cars, chennai and the opposite parties instead of a sum of `92,000 ..... no.3 to 5 from the complainant for and on behalf of the opposite party no.1. 10. section 11 of the c.p.act deals with the jurisdiction of the district forum and it reads as under: 11.jurisdiction of the district forum. ??(1) subject to the other provisions of .....

Tag this Judgment!

Jul 20 2011 (TRI)

K. Satyanarayana Vs. Kanchiraju Raja Ram and Another

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jul-20-2011

..... .2 in favour of the complainant. 8. the opposite party no.1 has filed the appeals on the same grounds that had been the pleadings there is no privity of contract between the complainant and the opposite partyno.1 and that the suit o.s.no.2138 of 2007 had been pending before the court ii addl. senior civil judge, ranga ..... .9.2007 before the ii addl. senior civil judge, ranga reddy district. the relief for delivery of property is a matter to be decided under the provisions of specific relief act and as regards to the construction of the flats, there is no agreement between the complainant and the opposite party no.1. 6. the complainant has filed his affidavit and .....

Tag this Judgment!

Nov 29 2011 (TRI)

M/S. Navya Chaitanya Housing (P) Ltd., Rep. by Its Managing Director V ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Nov-29-2011

..... in sai laxmi nagar on payment of balance amount, but did not do so. it is the complainants case that the opposite party failed to perform his part of the contract which constitutes deficiency of service on behalf of the opposite party. it is the appellant/opp.partys case that the company has become defunct. we observe from the record that ..... the opposite party did not cancel the membership of the complainant nor refunded the amount and therefore the cause of action as per article 54 of the limitation act is continuing as the date of limitation begins from the date on which the agreement is cancelled which in the instant case did not take place. therefore we are of ..... notice was sent to the opposite party it was returned as ??addressee left without instructions. it is the last known address and as per section 28(a) of c.p.act notice is served on the last known address and there are no instructions given by the opposite party, it is deemed to be served. except for stating that the company .....

Tag this Judgment!

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 .....

Tag this Judgment!

Jan 17 2011 (TRI)

M/S Yashoda Super Speciality Hospital Behind Hari Hara Kala Bhavan and ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jan-17-2011

..... doctor, who treated the patient to prove that there was no negligence involved in the treatment. in both contingencies i.e. ??contract of service and ??contract for service, courts have taken a view that the hospital is responsible for the acts of their permanent staff as well as for the staff, whose services are temporarily requisitioned for treatment of patients. therefore, hospital can .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //