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Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Court: andhra pradesh state consumer disputes redressal commission scdrc hyderabad Year: 2011 Page 1 of about 55 results (0.037 seconds)

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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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 21 2011 (TRI)

Dr. G. Jaya Prakash Vs. Sk. Hameed Khan

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Dec-21-2011

..... 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 ingiving advise or performing services ? . supreme court then opined as under: ??the skill of medical practitioner differs from doctor to doctor. the very nature of the ..... 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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Nov 30 2011 (TRI)

Dr. G. Koulaiah Vs. J. Srinivas

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Nov-30-2011

..... 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 .....

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Nov 29 2011 (TRI)

M/S. Navya Chaitanya Housing (P) Ltd., Rep. by Its Managing Director V ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Nov-29-2011

..... in sai laxmi nagar on payment of balance amount, but did not do so. it is the complainants case that the opposite party failed to perform his part of the contract which constitutes deficiency of service on behalf of the opposite party. it is the appellant/opp.partys case that the company has become defunct. we observe from the record that ..... the opposite party did not cancel the membership of the complainant nor refunded the amount and therefore the cause of action as per article 54 of the limitation act is continuing as the date of limitation begins from the date on which the agreement is cancelled which in the instant case did not take place. therefore we are of ..... notice was sent to the opposite party it was returned as ??addressee left without instructions. it is the last known address and as per section 28(a) of c.p.act notice is served on the last known address and there are no instructions given by the opposite party, it is deemed to be served. except for stating that the company .....

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Nov 28 2011 (TRI)

The Oriental Insurance Company Limited, Represented by Its Branch Mana ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Nov-28-2011

..... permitting the vehicle to ply on the road without obtaining the fitness certificate which is essential in the teeth of section 66 of the motor vehicles act. the repudiation of the claim by the appellant insurance company is just and valid. the order of the district forum is liable to be set ..... whether a passenger carrying vehicle or a goods carriage unless the owner thereof holds permit within the meaning of sec 2 (31) of the motor vehicles act. 18. in the light of the principle laid by the natinal commission and the honble supreme court, we hold that the respondent has violated the ..... repudiation of the claim holding that conditions of the permit does not allow carrying of dangerous or hazardous goods. 13. section 66 of the m.v.act deals with the necessity of permit for a transport vehicle in any public place. it reads as under: 66. necessity for permit: no owner of ..... in the absence of fitness certificate, the respondent cannot ply the vehicle and if he does it amounts to violation of provisions of the motor vehicle act which in turn is breach of conditions of the insurance policy. 11. the learned counsel for the appellant insurance company has contended that there was ..... division of air freight limited and that the supreme court held that parties to contract are bound by the terms of the contract. the respondent had violated the terms of the insurance policy and the provisions of the motor vehicle act. if the insurance company is liable to pay any amount under the insurance policy .....

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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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Oct 12 2011 (TRI)

M/S. Kapil Chit Funds Pvt.Ltd., Rep. by Chief Manager Vs. Sri G. Surya ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Oct-12-2011

..... the payment of due instalments of k.ashok kumar is also liable to pay the said due amount jointly and severally along with other guarantors u/sec. 128 of indian contract act. the liability of surety is co-extensive with that of the principal debtor and his liability is immediate. the complainant suppressed the fact that he stood as surety to pay .....

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Oct 12 2011 (TRI)

Shaji M.K. Vs. the Telecom Regulatory Authority of India Trai), Rep. b ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Oct-12-2011

..... of south central railway extended facility of mobile telephone connection from m/s. tata tele services, wherein he had cug facility. alleging that contrary to the terms of the contract between the south central railway and tata teleservices the latter has been collecting amounts by issuing bills. when he sought for those bills, they did no furnish, and that ..... tele services as well as south central railway, he sought for compensation. 12) it is an undisputed fact that r1 trai is constituted under telecom regulatory authority of india act. the act itself provides an appellate authority empowering to adjudicate disputes between service provider and a group of consumers. it is vested with both legislative and regulatory functions. by no stretch ..... of his privacy, wastage of time and costs. 3) r1 (trai) resisted the case on the ground that the complaint is not maintainable under the consumer protection act. the trai act itself provides an appellate authority empowering to adjudicate disputes between service provider and a group of consumers. it is neither a seller of goods nor service provider. the consumer ..... provided therein. the honble supreme court in general manager, telecom vs. m. krishnan held that the consumer fora have no jurisdiction to decide the issues arising under indian telegraph act, and the customers have to approach the arbitrators for redressal of their grievances. while obtaining the telephone connection it has opted for various services that are being provided by .....

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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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