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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: andhra pradesh Year: 2011 Page 1 of about 103 results (0.059 seconds)

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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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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Dec 09 2011 (HC)

Greater Hyderabad Municipal Employees

Court : Andhra Pradesh

Decided on : Dec-09-2011

..... the principal'. corporations, municipalities, panchayats and nagara paliks are statutory bodies conferred with certain powers relating to towns, municipalities and panchayats. whereas the agency is a contract between two persons whereunder an agent has to act at the will and pleasure of the principal. the word 'agency' cannot be construed to mean that it belongs to the same category of statutory bodies ..... mean want of good faith, personal prejudice, grudge, ill-will or improper. it is not the case of the petitioner that the respondents 1 and 2 acted mala fidely so as to give the contract to the third respondent. there is no allegation in the writ affidavit attributing bad faith against respondents 1 and 2.17. learned counsel for the petitioner contended ..... solid waste, disposal of the same, etc. is within the domain of commissioner and the second respondent cannot privatize the obligation cast on it under chapter xiv of the ghmc act, 1955, and therefore, the contract dated 21.2.2009 entered into between the respondents 2 and 3 is not in accordance with the provisions of the ghmc ..... and premises by municipal servants or contractors. for the purpose of the ghmc act, 1955, section 124 of the act specifically empowers the commissioner to execute contracts on behalf of the corporation. but, such a contract should be for any purpose as expressly provided under the act. section 482 of the act stipulates that the commissioner shall provide public receptacles, depots and places for temporary .....

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Feb 07 2011 (HC)

Gatta Rattaiah Vs. Food Corporation of India

Court : Andhra Pradesh

Decided on : Feb-07-2011

..... reported in state of gujarat v. dahyabhai zaverbhai1, wherein, it was held under section 74 of the contract act-"when there was abandonment of a contract forfeiture of the security deposit as per clause of the contract is not illegal". he also relied upon a decision reported in managing director m/s. hindustan shipyard ..... by way of penalty.10. section 74 of the indian contract act deals with the measure of damages in two classes of cases (i) where the contract names a sum to be paid in case of breach and (ii) where the contract contains any other stipulation by way of penalty. we are in ..... 74. compensation for breach of contract where penalty stipulated for:- when a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation by way of ..... as it deems reasonable having regard to all the circumstances of the case. jurisdiction of the court to award compensation in case of breach of contract is unqualified except as to the maximum stipulated; but compensation has to be reasonable, and that imposes upon the court duty to award compensation ..... private ltd. visakhapatnam, v. attili appalaswami2. therefore, according to him, the plaintiff is not entitled for any amount. in this connection, it is useful to refer to section 74 of the contract act. .....

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Dec 28 2011 (HC)

J. Ramulu Vs. Ms. Bharat Petroleum Corporation Ltd.

Court : Andhra Pradesh

Decided on : Dec-28-2011

..... accepted the same. hence, under section 7 of the contract act once an offer is accepted, it becomes a contract by itself and it is not open for the respondents to deny the contract to the petitioner on the terms which form part of the said contract. therefore, the denial by the respondents in granting contract to the petitioner is clearly arbitrary, irrational and unsustainable.8 ..... . in view of that, the petitioner is entitled to mandamus as prayed for and there shall be a direction to the respondents to complete necessary formalities relating to the contract with the petitioner in terms of their letter dated 25th january 2011 and place necessary work order on the petitioner. as the petitioner has accepted on his own, he shall .....

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Feb 07 2011 (HC)

Ledalla Ravichandar and Another Vs. M/S Satyam Computer Services Limit ...

Court : Andhra Pradesh

Decided on : Feb-07-2011

..... in the recent judgment of the supreme court reported in ashokan v. cce3, the scope of section 74 of contract act and the criteria for grant of compensation under section 74 of the act was considered referring to all the earlier judgments on this aspect. the power of the court to grant reasonable compensation ..... connection, it is useful to refer the section 74 of the contract act (for short "the act"), which is as follows: 74. compensation for breach of contract where penalty stipulated for:- when a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, ..... stipulations by way of penalty.10. section 74 of the indian contract act deals with the measure of damages in two classes of cases (i) where the contract names a sum to be paid in case of breach and (ii) where the contract contains any other stipulation by way of penalty. we are in ..... as it deems reasonable having regard to all the circumstances of the case. jurisdiction of the court to award compensation in case of breach of contract is unqualified except as to the maximum stipulated; but compensation has to be reasonable, and that imposes upon the court duty to award compensation according ..... or if the contract contains any other stipulation by way of penalty, .....

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Apr 01 2011 (HC)

Vijayawada Municipal Corporation, Vs Chagarlamudi Nageswara Rao and On ...

Court : Andhra Pradesh

Decided on : Apr-01-2011

..... "fraud" means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his a (1) the suggestion, as ..... the law with regard to avoidance of a contract being void or voidable is well settled. the party who seeks to challenge the "vitiation due to misrepresentation, fraud or coercion. onus and burden of proof held lies on party seeking to deny contract section 17 of the contract act defines "fraud" which reads as under:- ..... land measuring to an extent of ac.0.90 cents which was earmarked as "p therefore, by ex.a-18 dated 05-03-1982 the contract was rescinded and the sale deed was intended to be cancelled. this is dat in the result, both appeal suits (a.s.nos.1471 and ..... patel and others v. nirmala jayprakash tiwari and others(2) it was held tha "misrepresentation or mistake of fact or frustration of contract - loss of right to avoid the contract on the ground of misr6. further more it was held as under:- voidability of agreements - provision regarding - applicability - held not applicable ..... a fact, of that which is not true by one who does not believe it to be true; (2) the active concealment of a fact by one having knowledge or belief of the fact; (3) a promise made without any intention of performing it; (4) any other act .....

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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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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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Feb 18 2011 (HC)

Heerakar Baloji Vs. Kaleru Venkataiah and Others

Court : Andhra Pradesh

Decided on : Feb-18-2011

..... kesarimal mulaji v. sait nainimal and others3, wherein it was held that - "the statutory provisions governing a transaction of pledge are those contained in sections 172 to 177 of the contract act and a right on the part of the pledgor to ask the pledgee for accounts is not enumerated among them. it may be, when there is a dispute between the ..... 09-05-1982 when the defendant demanded higher interest, but to prove the same no document is filed. in this connection, it is useful to refer section 177 of indian contract act.177. defaulting pawnor's right to redeem:- if a time is stipulated for the payment of the debt, or performance of the promise, for which the pledge is made, and ..... payment of the amount due and also additional expenses, which has arisen from his default. 14. so far as the period of limitation is concerned, article 70 of the limitation act is relevant. "to recover the movable property deposited or pawned from a depository or pawnee the period of limitation is three years from the date of refusal after demand". in .....

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