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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: old Court: andhra pradesh state consumer disputes redressal commission scdrc hyderabad Year: 2011 Page 1 of about 55 results (0.046 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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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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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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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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Jan 27 2011 (TRI)

Housing Development Finance Corporation (Hdfc) Rep. by Its Deputy Gene ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jan-27-2011

..... . it was entitled to recover the amount. it is entitled to retain the documents till the amount was discharged by virtue of bankers lien in terms of section 171 of contract act. therefore it prayed for dismissal of the complaint with costs. 4) the complainant in proof of his case filed his affidavit evidence and got exs. a1 to a5 marked while .....

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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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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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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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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 .....

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