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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: andhra pradesh Year: 2011 Page 6 of about 103 results (0.050 seconds)

May 25 2011 (TRI)

Dr.D.Ramesh, Sarojini Eye Hospital Vs. Manchikanti Satish @ Satish Kum ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : May-25-2011

..... 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 ..... to regaining of vision as normal. the complainant gave consent for operation and operation was conducted but there was no use and the complainant lost vision. due to the negligent act of the opposite party the complainant lost his vision at his very young age of 31 years. on 27.12.08 a meeting was conducted between the complainants caste elders .....

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Dec 19 2011 (HC)

K.Sudhakar Reddy Vs. Ms. Sudha Constructions, Rep. by Its Ma

Court : Andhra Pradesh

Decided on : Dec-19-2011

..... to complete the construction of the flat within the time agreed upon and went on postponing the registration of the sale deed. hence the suit for specific performance of the contract. on a careful reading of the recitals of the suit agreement, dated 16.12.2004, it is clear that it is nothing but a simple agreement for sale of flat ..... in dispute that the possession of the said flat has not yet been delivered to the plaintiff/revision petitioner. article 6(b) of schedule 1-a of the indian stamp act, 1899 provides for stamp duty to be paid on an agreement relating to construction of a house or building including a multi-unit house or building or unit of apartment ..... plaintiff/ revision petitioner was directed to take steps for payment of proper stamp duty and penalty as required under article 6(b) of schedule 1-a of the indian stamp act, 1899. the said order is under challenge in this present revision petition filed by the plaintiff.3. i have heard the learned counsel for both the parties and perused the ..... produced by the plaintiff in evidence is insufficiently stamped and requires payment of proper stamp duty and penalty under article 6(b) of schedule 1-a of the indian stamp act, 1899.2. the facts, in brief, are as under:the revision petitioner/plaintiff filed o.s.no.2875 of 2006 against the respondents herein/defendants for specific performance of the .....

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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 .....

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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 .....

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Mar 14 2011 (HC)

Madhucon Projects Limited Vs. Ue Development India Pvt Ltd.

Court : Andhra Pradesh

Decided on : Mar-14-2011

..... with an application under section 11 of the act has to consider whether he has jurisdiction in relation to the contract, whether there is an arbitration agreement, whether the applicant is a party to the agreement and whether an arbitrable dispute subsists [ vide sbp & ..... .2009 when the respondent declined further negotiations. hence, the arbitration application filed in april, 2010 is well within the period of limitation prescribed under article 137 of the limitation act.point no.2:so far as the question whether any live claim is available for arbitration, the law is well-settled that the chief justice or his designate when approached ..... negotiations after a period of thirty (3) business days from the service of the notice of dispute shall be finally settled by arbitration in accordance with the arbitration and conciliation act, 1998 whereby: a) all proceedings shall be conducted in english and a daily transcript in english shall be prepared.b) the venue of arbitration shall be in hyderabad, india; ..... on business in execution of infrastructure and major civil projects, execution of roads, highways/bridges etc., the respondent is also a company incorporated under the provisions of the companies act and it has been engaged in execution of infrastructure projects.3. the applicant and the respondent herein formed a joint venture referred to as madhucon-uedi joint venture under the .....

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Jan 20 2011 (HC)

S.Ramu Vs. Govt.OfA.P.

Court : Andhra Pradesh

Decided on : Jan-20-2011

..... special judge for cbi cases, hyderabad for the offence punishable under section 13(2) r/w 13(1) (e) of the prevention of corruption act, 1988 ("pc act" for brevity) and sections 109, 468 and 471 of the indian penal code ('ipc'). 2. the petitioner while working as additional director of ..... there is prima facie case against the petitioner regarding the commission of offence punishable under section 13(2) r/w 13(1) of pc act warranting investigation of the same. for the reasons mentioned in the order dated 20-03-2003, the superintendent of police, cbi/spe, hyderabad ..... a crime registered in 1992 was to the effect: "in exercise of powers conferred by the provisions on me, under section 17 of the prevention of corruption act, 1988, i p. k. runwal. superintendent of police, special police establishment, division-1 lokayukt karyalaya, gwalior division gwalior (m. p.) authorised shri d ..... of police (c) elsewhere, of a deputy superintendent of police or a police officer of equivalent rank, shall investigate any offence punishable under this act without the order of a metropolitan magistrate or a magistrate of the first class, as the case may be, or make any arrest therefor ..... has been filed contending that the prosecution has not obtained authorization of the designated officer as required under section 17 of the provisions of pc act. therefore, taking cognizance of the offence by the investigating officer, who is not authorized to investigate the crime, suffers from incurable defects and .....

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Aug 03 2011 (TRI)

Smt. Vanguri Venkata Lakshmi Prasanna Vs. M/S. Bhavanam Estates Pvt. L ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Aug-03-2011

..... was given possession of flat 306 on 23.6.2001 along with the car parking slot. the complainant has come up with false allegations and there is no privitiy of contract between opposite party no.2 and complainant. the district forum based on the evidence adduced i.e. exs.a1 to a14 and b1 to b5 dismissed the complaint. both sides .....

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Jan 17 2011 (TRI)

Smt. Vitthala Usha Rani and Another Vs. M/S. Vishal Projects Ltd.

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jan-17-2011

..... earlier pointed out unerringly indicate that the complainants did not pay the amounts as stipulated under the agreement. there was latches on their part in fulfilling the terms of the contract, however, there was no provision under the agreement to forfeit the amount. what all the builder is entitled to is interest if there is any delay. the builder is equally ..... for consideration are : i. whether the complainants had adhered to the terms of agreements of sale? ii. whether the opposite party was at latches in not performing its part of contract? iii. whether the complainants are entitled to any relief? iv. if so, to what relief? 6) it is an undisputed fact that the opposite party a builder executed two agreements ..... . the honble supreme court in lourdu david vs. louis chinnaya arogiaswamy reported in air 1996 sc 2814 (1) considering section 20 of the specific relief act observed : by virtue of ??section 20 of the specific relief act, 1963 the decree for specific performance is in the discretion of the court but the discretion should not be refused arbitrarily. the discretion should be .....

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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 .....

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Dec 07 2011 (HC)

Smt. D. Shobha and 3 Others. Vs. Smt. D. Prameela Kumari and anr

Court : Andhra Pradesh

Decided on : Dec-07-2011

..... bai v. rajendra kumar bhandari3 vehemently contended that though the petitioners are third parties to the contract they are entitled to be impleaded since they could show some semblance of title or interest in the property in dispute. i have also heard the learned counsel for the ..... suit and therefore they are entitled to be impleaded as defendants 2 to 5. the court below dismissed the application holding that the petitioners being the third parties to the contract cannot be impleaded. the learned counsel for the revision petitioners while placing reliance upon sumti bai and others v. paras finance company1, v. narayan reddy v. ani narayanan2 and indu ..... rights and also regulates the liabilities of the parties. a purchaser is a necessary party as he would be affected if he had purchased with notice of the contract, but a person who claims adversely to the claim of a vendor is, however, not a necessary party. from the above, it is now clear that two tests are to ..... to the defendant in the suit. the question whether in a suit for specific performance of contract for sale of property by a purchaser against the vendor, a stranger or a third party to the contract claiming to have an independent title and possession over the contracted property is entitled to be added as a party-defendant in the said suit has been .....

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