Skip to content


Judgment Search Results Home > Cases Phrase: contract act 1872 Sorted by: recent Court: andhra pradesh Year: 2011 Page 1 of about 103 results (0.071 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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

Dec 28 2011 (HC)

J. Ramulu Vs. Ms. Bharat Petroleum Corporation Ltd.

Court : Andhra Pradesh

Decided on : Dec-28-2011

..... accepted the same. hence, under section 7 of the contract act once an offer is accepted, it becomes a contract by itself and it is not open for the respondents to deny the contract to the petitioner on the terms which form part of the said contract. therefore, the denial by the respondents in granting contract to the petitioner is clearly arbitrary, irrational and unsustainable.8 ..... . in view of that, the petitioner is entitled to mandamus as prayed for and there shall be a direction to the respondents to complete necessary formalities relating to the contract with the petitioner in terms of their letter dated 25th january 2011 and place necessary work order on the petitioner. as the petitioner has accepted on his own, he shall .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

Dec 16 2011 (HC)

Lakkoji Mohana Rao, So. Late Annayya, a Vs. 1. Lakkoji Viswanadham, So ...

Court : Andhra Pradesh

Decided on : Dec-16-2011

..... authority or any civil court and an award by an arbitrator directing a partition (and a memorandum regarding past partition)". section 17 of the registration act reads as follows : "documents of which registration is compulsory -(1) the following documents shall be registered, if the property to which they relate ..... in a suit for specific performance or as evidence of part performance of a contract for the purpose of section 53-a of the transfer of property act or as evidence of any collateral transaction not required to be ..... unregistered document affecting immovable property and required by this act or the transfer of property act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 1877 (1 of 1877) or as evidence of ..... affected by registration of instrument.25. the a.p. amendment act 17 of 1986 came into force with ..... act, no document required by section 17 to be registered shall be received as evidence of any transaction affecting the said property unless it has been registered. of course the proviso says that an unregistered document affecting immovable property and required to be registered, may be received as evidence of a contract .....

Tag this Judgment!

Dec 09 2011 (HC)

Greater Hyderabad Municipal Employees

Court : Andhra Pradesh

Decided on : Dec-09-2011

..... the principal'. corporations, municipalities, panchayats and nagara paliks are statutory bodies conferred with certain powers relating to towns, municipalities and panchayats. whereas the agency is a contract between two persons whereunder an agent has to act at the will and pleasure of the principal. the word 'agency' cannot be construed to mean that it belongs to the same category of statutory bodies ..... mean want of good faith, personal prejudice, grudge, ill-will or improper. it is not the case of the petitioner that the respondents 1 and 2 acted mala fidely so as to give the contract to the third respondent. there is no allegation in the writ affidavit attributing bad faith against respondents 1 and 2.17. learned counsel for the petitioner contended ..... solid waste, disposal of the same, etc. is within the domain of commissioner and the second respondent cannot privatize the obligation cast on it under chapter xiv of the ghmc act, 1955, and therefore, the contract dated 21.2.2009 entered into between the respondents 2 and 3 is not in accordance with the provisions of the ghmc ..... and premises by municipal servants or contractors. for the purpose of the ghmc act, 1955, section 124 of the act specifically empowers the commissioner to execute contracts on behalf of the corporation. but, such a contract should be for any purpose as expressly provided under the act. section 482 of the act stipulates that the commissioner shall provide public receptacles, depots and places for temporary .....

Tag this Judgment!

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 .....

Tag this Judgment!

Dec 07 2011 (HC)

Kota Sivaram Prasad. Vs. Nagandla Veera Brahmam and ors.

Court : Andhra Pradesh

Decided on : Dec-07-2011

..... date, on which the party, who is under obligation to perform his part, had refused to do so, under article 54 of the schedule to the act. in the absence of any averment in the contract, such demand is required to be made before expiry of three years from the date of agreement. it is only when a stipulation exists to the ..... them to execute the sale deed and since they did not take any steps, the suit was filed. he expressed his readiness and willingness to perform his part of the contract.2. the appellant and the 3rd respondent filed a written statement opposing the suit. it was stated that the property was owned by their mother by name chandramathi, who purchased ..... substantial questions of law arise for consideration:(a) whether it is not the obligation of a trial court to examine the question of limitation, under section 3 of the imitation act, when a suit for specific performance is filed beyond 3 years from the date of agreement of sale; and(b) whether the husband of a woman can enter into an ..... during his lifetime. however no suit was filed as long as venkateswarlu was alive.10. section 3 of the limitation act places obligation on the courts to examine whether the suit was filed within the period of limitation stipulated under the act. if the averments in the plaint indicate that the suit was filed beyond the stipulated period of limitation, the plaint .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //