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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: national consumer disputes redressal commission ncdrc Page 10 of about 101 results (0.021 seconds)

Sep 05 2013 (TRI)

Adarsh Chemicals and Fertilizers Ltd. and Another Vs. United India Ins ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... may be therefore concluded that the loss in both cases falls equally, within the contract?. 19. in sri venkateswara syndicate vs. oriental insurance co.ltd. and anr., (2009) 8 scc 507, it was held that appointing surveyors one after another so as to get a ..... complainant has also cited few authorities in his favour. in harris vs. poland, lloyds list law reports, vol.69-35, march, 12, 1941, it was held :- the object of the contract is to indemnify the assured against accidental loss by fire, and so long as the property is accidentally burnt, the precise nature of the accident seems to be immaterial. it .....

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Jul 02 2012 (TRI)

A.K. Naikwadi Proprietor, M/S Zoom Colour Lab Zoom Colour Lab Vs. M/S ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... bad for non-joinder/mis-joinder of necessary parties, inasmuch as the insurance company has not been impleaded as an opposite party and further that there was no privity of contract between the complainant and opposite party no.3. dismissal of the complaint has been prayed on these scores. on merits has been averred that there was no manufacturing defect in .....

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May 07 2012 (TRI)

Sunil Gautam and Others Vs. National Insurance Company Ltd. and Others

Court : National Consumer Disputes Redressal Commission NCDRC

..... considered. in case of rottage the policy specifies a deduction of 5% of insured value of damaged stocks irrespective of whether the contract of the insured with the hirers provides for such deductions or not; (c) the deteriorated stocks of potatoes were reportedly thrown out in neighbouring fields as no recovery of partially ..... and conditions of the standard policy wherein the exclusion clause postulating cesser of the insurance in case of second-hand/used property was included, were neither a part of the contract of insurance nor disclosed to the insured, the insurer could not claim the benefit of the said exclusion clause (paras 9 and 5).? 8. mr. sharma in support of the ..... exclusionary clause. in the said case, the honble supreme court held as under: it is the fundamental principle of insurance law that utmost good faith must be observed by the contracting parties and good faith forbids either party from non-disclosure of the facts which the parties know. the insured has a duty to disclose and similarly it is the duty ..... for shrinkage and rottage. in case of shrinkage the policy specifies a deduction in the same percentage as stated in insureds contract with his hirers or 5% of insured value of damaged stocks whichever is higher. in absence of any specific contract of insured with the hirers/farmers a deduction of 5% of insured value of damaged stocks towards shrinkage could be .....

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Nov 13 2013 (TRI)

Rugs India (100 Percent Eou) a Partnership Firm, Huda, Panipat, Haryan ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... . 12. considered from the other angle, admittedly the petitioner had taken a standard fire and special peril policy from the opposite party on payment of premium. as per the insurance contract the opposite party has agreed to indemnify the petitioner for the loss, if any, caused because of fire besides other reasons. admittedly, the petitioner has filed a claim of rs ..... cheque of the approved amount with a rider that aforesaid amount was approved as full settlement of the claim. in all fairness, since the opposite party had entered into a contract to indemnify the petitioner for the loss suffered, it was required to remit the amount of loss quantified and approved by it on the basis of the assessor report unconditionally .....

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Apr 23 2013 (TRI)

Gujarat Scheduled Caste Development Corporation Vs. Ahmedabad Mahila N ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... affairs and financial affairs and management. it is alleged that some of the office bearers of the complainant, out of personal greed and some other considerations, have entered into the contract with op1 to lend money at higher rates than usually offered by ops. 11. the ops have further alleged that according to the complainants, it seems that the complainants had ..... honorary chairperson and is not a person or a trader as defined under the said act. the relationship between the parties are governed by a contract that of a borrower and lender. this is a monetary contract/transaction simpliciter between the parties. the ops, except op1, have been wrongly joined as parties. payment of interest or borrowing funds are purely financial transactions .....

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Nov 01 2013 (TRI)

Tainwala Personal Care Product Pvt. Ltd. Vs. Royal Sundaram Alliance I ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... / arbitrators of the amount of the loss or damage shall be first obtained.? 4. the insurance company declined to appoint an arbitrator, inter alia, contending that there was no concluded contract of insurance between the parties. the complainant approached the honble high court of bombay, which, vide its order dated 07.05.2012, disposed of the application. the honble high court ..... , by the honble high court, bombay, the petition was filed immediately in this commission, on 13.08.2012. counsel for the opposite party further argued that there was no concluded contract. section 14 of the limitation act requires that the request made by the complainant should be bonafide. he contended that after having lost the battle in one forum, the complainant .....

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Sep 27 2013 (TRI)

Puspak Infrastructure Pvt. Ltd. Through Its Director Mr. Manish Sharma ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... /-. the opposite parties developer instead of making a clear stipulation that booking amount of rs.2,75,000/- deposited by the petitioner shall be forfeited in case of cancellation of contract has used the above deceptive language which cannot be comprehended by the layman who is not conversant with the niceties and technicalities of rules of interpretation and a prospective purchaser ..... deducting 10% which gives an impression that in such an event, the purchaser would get the refund of 90% of the payments made till the date of cancellation of the contract. the aforesaid words, however, are followed by the words payment received and due if any by the termination date or booking amount ( whichever is higher)?, which would mean that in .....

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Dec 05 2012 (TRI)

R.W.H. Ghyaz Ahmed Vs. New India Assurance Co. Ltd. and Others

Court : National Consumer Disputes Redressal Commission NCDRC

..... have to be strictly construed to determine the extent of liability of the insurer. therefore, the endeavour of the court should always be to interpret the words in which the contract is expressed by the parties.? 11. in general assurance society ltd. v. chandmull jain, 1966 acj 267 (sc), a constitutional bench of the apex court observed that: in interpreting documents ..... ) cpj 38 (sc)=viii (2010) slt 375=iv (2010) acc 653 (sc)=the honble apex court held: 24. thus, it needs little emphasis that in construing the terms of a contract of insurance, the words used therein must be given paramount importance and it is not open for the court to add, delete or substitute any words. it is also well ..... relating to a contract of insurance, the duty of the court is to interpret the words in which the contract is expressed by the parties, because it is not for the court to make a new contract, however, reasonable, if the parties have not made it themselves.? 12. the revision petition .....

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Sep 13 2012 (TRI)

Classic Homes Apartment Buyersâandeuro;andtrade; Association Vs. Buil ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... kind of agreement. both the parties have signed it with open eyes evaluating its pros and cons. nothing can be added or detracted from the terms and conditions of this contract. this piece of evidence towers above the rest. last but not the least, none of the parties have picked up a conflict with this clause. 15. more than 13 years ..... clause 13 of the agreement, the complainants had undertaken that in case of default of payment on their side, it is open for the op builder either to cancel the contract or otherwise agree to accept delayed payment, with interest @ 18% p.a. the fault, if any, lies at the doors of the complainants, who have not paid the amount. the .....

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Feb 07 2014 (TRI)

Deepak Annasaheb Patil and Another Vs. Dr. Kaushali Vilas Rokade and O ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... granted the some changes, therefore, the commercial using of carpet area has enhanced and about that enhanced carpet area the developer has binding to give the rent as per the contract and the said change is granted on the condition that, if the developer has constructed the enhance commercial using carpet area same is constructed to resi- dential using carpet area .....

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