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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: andhra pradesh Year: 2011 Page 4 of about 103 results (0.052 seconds)

Sep 14 2011 (TRI)

Suraksha Enterprises Vs. Pasham Bhaskar Reddy

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Sep-14-2011

..... relied on a decision of this commission in c. chandra sekhar vs. telco construction equipment company reported in ii (2010) cpj 547. that was a case in regard to a contract for purchase of hydraulic excavator. expatiating it was opined that there was no deficiency in service if machinery is not supplied. however as we could see from section 14 ( c ..... matter does not come even under the explanation which was introduced on the same day i.e. on 15.3.2003 by way of the amendment by the same amendment act, as it is nobody's case that the goods bought and used by the respondent herein and the services availed by the respondent were exclusively for the purpose of earning ..... fact the said fact was not even mentioned in the complaint. therefore it does not attract the exclusion clause defined u/s 2(1)(d)(ii) of the consumer protection act. in support of his contention he relied on a decision of honble supreme court in birla technologies ltd. versus neutral glass and allied industries ltd. reported in cdj 2010 sc ..... ) of the consumer protection act obviously was not brought to the notice which reads as under : 14(c) to return to the complainant the price, or, as the case may be, the charges paid by .....

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Dec 08 2011 (HC)

Mettapalli Krishna Reddy Vs. Chemuru Raghava Reddy and Three ors

Court : Andhra Pradesh

Decided on : Dec-08-2011

..... by both the courts below and were erroneously of the view that the plaintiff cannot file a suit for permanent injunction without asking for the relief of specific performance of contract. thus, the entire findings recorded by the learned courts below are erroneous and they gave rise to the substantial questions of law which were referred to above and the findings ..... legal issue which is in the nature of affecting the rights of the parties namely that the plaintiff's remedy is only to file a suit for specific performance of contract embodied in ex.a-28 sale letter and in the absence of filing suit for specific performance, he cannot file a suit for simple injunction basing on ex.a-28 ..... ex.a-28 sale letter. the law is now well settled that having recourse to section 53-a of the transfer of property act a person who was put in possession of the property in part performance of the contract can protect his possession if the conditions embodied in the said provision are fulfilled. these aspects have not at all been considered .....

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Oct 05 2011 (TRI)

The Postal Superintendent Head Post Office Premises Kurnool and Others ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Oct-05-2011

..... making the statement that the same was false or that the fact was suppressed which was material to disclose. a deliberate wrong answer which has a great bearing on the contract of insurance, if discovered may lead to the policy being vitiated in law. ? 12) the documentary evidence would undoubtedly show that the proposal was not accepted before her death. assuming ..... not, in our opinion, very material. it may serve the purpose of social security but then the same should not be obtained with a fraudulent act by the insured. proposal can be repudiated if a fraudulent act is discovered. the proposer must show that his intention was bona fide. it must appear from the face of the record. in a case of ..... her life time. rule 15 of post office life insurance fund makes its clear that ?? a life insurance or endowment assurance contract will be held to commence from the date borne by the policy or written document in which the contract is recorded and the policy will be given to the person insured for custody ? . at the cost of repetition, we may ..... with remarks ?? addressee expired. all this was suppressed by the complainant. rule 15 of the poif rules reads that ?? life insurance contract would be held to commence from the date borne by the policy or written document in which the contract is recorded and the policy would be given to the person assured for custody. the policy did not commence in the .....

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May 25 2011 (TRI)

Yelamanchili Sarat Babu Vs. Dr. K. Vishnu Prasad, M.S.(Ortho) Asst. Su ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : May-25-2011

..... , the complainant preferred this appeal. the brief facts as set out in the complaint are that the complainant is a resident of bhadrachalam in khammam dist and was doing civil contract works and for procuring labour for his civil works he used to visit visakhapatnam and srikakulam districts. the first opposite party is an orthopaedic surgeon and neuro surgeon working in ..... 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 .....

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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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Jan 31 2011 (TRI)

Dr.Abdul Lateef Jabbar Vs. M/S Global Hospitals (a Unit of Ravindranat ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jan-31-2011

..... it was implanted on complainant by opposite party no.1 hospital. hospitals buy the product as per their requirement and there is no privity of contract between the company and the ultimate patients who opt for such treatment. the process involves well established medical procedure and the expertise of doctors in ..... consultation with the doctors. there is no expert opinion to state that trial implantation is necessary and opposite party no.4 has no privity of contract with the complainant. opposite party no.4 also filed medical literature with respect to medtronic pain therapies and sought for dismissal of the complaint. ..... 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 ..... with the hospital. they further submitted that the complainant alleged that the two expert doctors ultimately came to the opinion that the operation and the acts done by the opposite parties failed and the scs must be removed and reintroduced percutaneously and one dr.g.p.dureja asked the complainant to ..... neck, shoulders and upper back but failed to get the required stimulations. the two expert doctors ultimately came to the opinion that the operation and acts done by all the opposite parties failed and the spinal cord stimulator must be removed and re-introduced percutaneously. on 25.2.2008 the complainant .....

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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 .....

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Aug 02 2011 (HC)

M/S.Surat Goods Transport Service Vs. M/S. Golconda Engg. Enterprises ...

Court : Andhra Pradesh

Decided on : Aug-02-2011

..... accepted the transport of the goods for delivery to the consignee, failed to handover the goods to the consignee and thereby, committed breach of the contract and the petitioner being a defaulting party cannot be permitted to contend that the goods came to be retained in exercising lien towards freight charges. he ..... petitioner firm also retained plastic isolated copper wire sent by the respondent company for being delivered to paramount cables, new delhi. 13. section 433 of the companies act says that a company may be wound up by the court- (a) if the company, has, by special resolution, resolved that the company be wound ..... of firms. ex.p-5 is the certificate of registration of the respondent company issued by the registrar of companies under the provisions of the act. ex.p-6 is the statement of account dated 30th september 2003 maintained by the petitioner relatable to the transactions with respondent company. ex.p ..... of the material sent to paramount cables, new delhi, both worth of rs.20,19,404/- together with interest as per section 8 of the carriers act. the petitioner having kept lull for about two years, issued another legal notice dated 6.5.2003 claiming rs.5,01,533/- towards freight charges. ..... legal notice dated 14.2.2003 to the respondent as required under sections 433(e) and 434(i)(a) & (2) of the companies act, 1956 (for brevity, "the act") demanding an amount of rs.7,12,269/- together with interest at 21% p.a. as the acknowledgments were not received, the petitioner got .....

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Nov 30 2011 (HC)

Krapa Vidyavathi and Two ors Vs. Life Insurance Corporation of India, ...

Court : Andhra Pradesh

Decided on : Nov-30-2011

..... answered, is whether madhava rao committed suppression of material facts while furnishing the details in ex.b.2 policy form.18. insurance contracts are uberrima fide contracts, i.e., contracts of utmost good faith. no person is expected to enter into contract with the insurer with false claims. inter alia, it is the contention of sri a. srinivasa rao, learned counsel for the first ..... that the deceased suffered. there is no evidence to make out this aspect. as admittedly onus is upon the first defendant, in view of chinnabasamma and also section 45 insurance act, i reject the claim of the first defendant that the death of the deceased was due to hypertension culminating into a heart attack and that the deceased deliberately suppressed the ..... first defendant is contending that madhava rao influenced dr.k. babu rajendra prasad and obtained ex.b.3 confidential report and that ex.b.3 confidential report could not be acted upon as it was hit by fraud. no explanation is forthcoming from the first defendant regarding ex.b.3 confidential report. the first defendant primarily relied upon ex.b.6 ..... respondent/first defendant that u/s.45 of the insurance act, a policy cannot be questioned by the insurer two years after the issuance of the policy. his contention .....

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Dec 26 2011 (HC)

Deutsche Bank Ag Vs. Prithvi Information Solutions Limited

Court : Andhra Pradesh

Decided on : Dec-26-2011

..... guarantee bond dated 12th october 2008. the representative of the respondent company produced three notices of assignment addressed to the foreign purchasers assigning the receivables in supply contracts absolutely in favour of the petitioner and instructing the foreign purchasers to make payment to the petitioner. the petitioner allowed post-shipment credit facility against the invoices ..... and mr. damodaran sreenivasan are competent to initiate winding up proceedings against the respondent company on behalf of the petitioner. the attorneys are authorised to verify the following acts on behalf of the petitioner:-1. to approve the discounting, negotiation and renewal by the said branch offices of bills of exchange, promissory notes with or without ..... board resolution passed by the petitioner bank authorising the signatories to institute winding up proceedings against the respondent-company. learned senior counsel refers section 291 of the act to convince me that it is the board of directors of the company to pass necessary resolution for initiating winding up proceedings against the respondent-company and as ..... when it obtained loans and facilities from the petitioner. mr. sudarsan sreedharan and mr. damodaran sreenivasan are authorized signatories and have a valid and subsisting authority to act and appear on behalf of the petitioner bank. the petitioner is a non-resident banking company, operating through its branch offices. the petitioner after obtaining requisite statutory .....

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