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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: andhra pradesh Year: 2011 Page 9 of about 103 results (0.072 seconds)

Sep 27 2011 (TRI)

M/S.Sri Vyshnavi Constructions and Developers Rep. by Its Managing Par ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Sep-27-2011

..... 3 and 4 are the original owners of schedule a property and are not parties to the agreement of sale dt.20.10.2005 and there is no privity of contract between the opp.parties 1,3 and 4 and the complainants. the opp.parties submit that the complainants cannot enforce the terms and conditions of so called agreement of sale ..... around rs.30 lakhs .the market value of flat no.302 is around rs.30 lakhs. the dispute of the complainants cannot be adjudicated under the provisions of c.p.act and the complainants ought to have approached the civil court for adjudication of the matter and opp.parties prayed for dismissal of the complaint with costs. the district forum based ..... towards the impugned flat within four weeks from the date of receipt of this order, failing which the land owners can take recourse under section 27 of the c.p.act . the direction of the district forum with respect to compensation and costs is confirmed. time for compliance four weeks.

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Sep 19 2011 (TRI)

The Branch Manager United India Insurance Company Ltd. Vs. N. Malyadri

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Sep-19-2011

..... registered with rta, nellore bearing chassis no. fed 101965 and engine no. r3c16921 vide ex. a2 certificate of registration, and the same was carried in ex. a3 permitting him as contract carriage by rta, nellore. when he lost the vehicle he gave report to the police. it seems he gave report on 21.11.2003 under fir ex. a6 after extensively ..... rama krishna was also appointed. no permission whatsoever was taken from irda while appointing the second surveyor/investigator as envisaged u/s 64 um of insurance act. the appointment is contrary to provisions of the act and as such it has no validity under law. simply because there was discrepancy in the engine no. the claim of the complainant cannot be rejected .....

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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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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 27 2011 (TRI)

M/S the New India Assurance Co. Ltd., Vs. M/S Sahiti Trading Corporati ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jan-27-2011

..... should, in all events, be denied indemnification. the misuse of the vehicle was somewhat irregular though, but not so fundamental in nature so as to put an end to the contract, unless some factors existed which, by themselves, had gone to contribute to the causing of the accident. in the instant case, however, we find no such contributory factor. 11. in ..... preferred the appeal contending that as per the terms of the insurance policy risk is covered for the goods vehicle under the permit and within the meaning of motor vehicles act and at the time of the accident six persons were traveling in the vehicle and as such there was violation of the terms and conditions of the insurance policy. 7 ..... at `39,500/-. since the vehicle was used against the policy conditions, permit and provisions of the motor vehicles act the repudiation of the claim made by them is justified. as per the police records six persons were traveling in the van at the time of the accident and hence ..... was a goods vehicle and it covers the risk while the vehicle is used in terms of the permit and within the meaning of the provisions of the m.v.act. the policy covers the risk of two employees i.e., driver and cleaner. after receipt of intimation of the accident, the opposite party , appointed a surveyor who estimated the damages .....

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Feb 11 2011 (HC)

United India Insurance Co. Ltd.Hyderabad and Another Vs. Union of Indi ...

Court : Andhra Pradesh

Decided on : Feb-11-2011

..... carries on business in general insurance. the 2nd plaintiff is owner of crane. it insured crane with the 1st plaintiff. the 2nd plaintiff was awarded a contract by m/s. national thermal power corporation, ramagundam ("ntpc"). on 17.12.1989, when the crane was at work site in the premises of ntpc, ..... their plea that the accident occurred due to the negligent act of the respondent-railway. we do not see any reason to differ with the finding recorded by the trial court. accordingly, this issue is ..... an abandoned track. 25. by reading the evidence of dws.1 to 4, it cannot be said that the accident occurred due to the negligent act of the respondent railway. the trial court analyzed the evidence in great detail and came to the conclusion that the appellants-plaintiffs failed to substantiate ..... owes a duty of care to person other than the plaintiff, the plaintiff cannot sue even if he might have been injured by the defendant's act. 15. breach of duty means non-observance of due care which is required in a particular situation. what is the standard of care required? the ..... material brought on record and on hearing the counsel appearing for the parties, came to the conclusion that the plaintiffs failed to establish that the defendant railway acted negligently and thereby, proceeded to dismiss the suit of the plaintiffs, by judgment dated 8.3.2002. hence, this appeal by the plaintiffs. 7. .....

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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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Jul 05 2011 (TRI)

Ratna Raja Nursery Chinee, Lime Seedlings and Budded Plant Suppliers V ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jul-05-2011

..... agricultural university and it is for the opposite parties to recover these amounts, if so advised, from the agricultural university as there is no privity of contract between the complainant and the agricultural university. to reiterate in view of exs.a17 to a22 we are of the considered view that there is deficiency ..... standards of quality of seeds claimed by him shall conform to the standards prescribed for the notified kind or variety of seeds under section 6 of the seeds act, 1966 (54 of 1966) and any other additional standards, relating to size , colour and content of the label as may be specified. ? in the ..... the complainant falls within the ambit of definition of ??consumer. a brief perusal of the seeds act,1966 defines ??seed as follows: (11) ??seed means any of the following classes of seeds used for sowing or planting ?? (i) seeds of food ..... the said judgement it has been held that farmers who cultivate for their livelihood fall under the definition of ??consumer under section 2(1) of the act. in the instant case also it cannot be construed that sowing sweet orange plants in 8 acres of land is done on a large scale and ..... documentary evidence to substantiate that they have confirmed to the standards of the quality of the seeds/saplings notified under section 6 of the seeds act,1966. in the instant case the appellants have not filed any documentary evidence to substantiate that their plant confirms to minimum limits of germination and .....

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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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Aug 03 2011 (HC)

M. Koteswara Rao Vs. the Senior Commandant,cisf Unit, Sdsc, Shar, Srih ...

Court : Andhra Pradesh

Decided on : Aug-03-2011

..... -2007. the senior commandant, at great length, dealt with as to how the morale of the security force would be jeopardized if members of the security force indulge in grave acts of misconduct, like in the instant case. 7. the whole question that requires consideration in the instant case is as to whether it is appropriate to allow the disciplinary inquiry ..... the names of the alleged victim at serial no.3. it is, therefore, more than clear that the respondents are now proceeding to conduct an inquiry against a very grave act alleged against the petitioner. 4. when the writ petitioner submitted a representation on 19-12-2007, soliciting a copy of the translated version of the statement of the alleged victim .....

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