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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: national consumer disputes redressal commission ncdrc Page 3 of about 101 results (0.021 seconds)

Feb 29 2012 (TRI)

Aquadev India Ltd. Vs. State Bank of Hyderabad and Others

Court : National Consumer Disputes Redressal Commission NCDRC

..... also the sanction letter was issued subject to compliance of certain terms and conditions incorporated therein, which the court held were not complied with and therefore held that no concluded contract came into being. the fact of non-fulfilling the conditions of sanction letter, the court held as under: this letter only indicate that the bank had sanctioned loan and ..... were obliged to do before disbursement of the loan amount, no concluded contract can be said to have come into existence. in support of his contention, mr. vats placed strong reliance on a decision of the patna high court in first appeal no ..... . 475 lacs. we therefore, hold that there was no non-compliance so far as these contributions were concerned. 35. this takes us to the question as to whether a valid contract had come into existence between the parties. mr. vats had empathetically argued that the complainant company having failed to fulfil the various conditions precedent including the primary condition, which they ..... to the complainant in terms of the sanction letter dated 14.12.1993. the answer to the above would require the consideration of the following aspects: (i) whether a concluding contract came into existence between the parties; (ii) whether the complainant had failed to comply with the various terms and conditions of the sanction of loan; (iii) whether the complainant .....

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Sep 18 2012 (TRI)

New India Assurance Co. Ltd. Through Its Duly Constituted Attorney Man ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... . over three centuries ago, in carter vs. boehm4, lord mansfield had succinctly summarised the principles necessitating a duty of disclosure by the assured, in the following words:- insurance is a contract of speculation. the special facts upon which the contingent chance is to be computed lie most commonly in the knowledge of the assured only; the underwriter trusts to his representation ..... india insurance co. ltd. vs. m.k.j. corporation, this court has observed that it is a fundamental principle of insurance law that utmost faith must be observed by the contracting parties. good faith forbids either party from non- disclosure of the facts which the party privately knows, to draw the other into a bargain, from his ignorance of that fact ..... october 2005. this suppression of such existing disease cannot be explained on any hypothesis and it must be considered as non bonafide attempt on the part of the complainant. a contract of insurance is based on utmost faith of the parties and if there is lack of bonafides on the part of the insured at the time of making the proposal ..... -life insurance policy meant to assure the policy holder in respect of certain expenses pertaining to injury, accidents or hospitalizations. nonetheless, it is a contract of insurance falling in the category of contract uberrimae fidei, meaning a contract of utmost good faith on the part of the assured. thus, it needs little emphasis that when an information on a specific aspect is asked .....

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Mar 09 2012 (TRI)

âandeuro;andoelig;jagrut Nagrikâandeuro;? Through their Managing Tru ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... by the board and not to take possession. by agreeing to pay the amount and by paying such amount and taking possession, now they want to go behind the concluded contract between the parties. in our considered opinion, all these questions were required to be gone into by the state commission as also by the national commission. the orders passed by .....

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Jan 13 2014 (TRI)

Shnyni Valsan Pombally Vs. State Bank of India, Santo Estvam Branch an ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... the other into a bargain from his ignorance of the fact, and his believing the contrary.? 15. bearing in mind the aforenoted principle governing a contract of insurance, we may advert to the facts at hand. as stated above, for returning the finding that the deceased/insured had obtained the insurance ..... 14. referring to the decision in the case of carter vs. boehm - (1766) 3 burr 1905, the apex court noted:- insurance is a contract of speculation. the special facts upon which the contingent chance is to be computed lie most commonly in the knowledge of the assured only; the underwriter trusts ..... repudiate their liability because there is clear presumption that any information sought for in the proposal form is material for the purpose of entering into a contract of insurance. 13. in this behalf it would be useful to notice the following observations of the supreme court in satwantkaurs case (supra):- thus ..... duty to disclose correctly all material facts which are within his personal knowledge or which he ought to have known had he made reasonable inquiries. a contract of insurance, therefore, can be repudiated for non disclosure of material facts.? 11. the question for examination is as to whether in the ..... order, we are of the opinion that there is no merit in this revision petition. it is a well settled proposition of law that a contract of insurance is based on the principle of utmost good faith uberrimaefidei, applicable to both the parties. the rule of non disclosure of material .....

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Sep 04 2013 (TRI)

M/S. Rohit Chemical and Allied Industries Pvt. Ltd. Village Sallewal V ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... resale, the object of the act appears to be to exclude such commercial transactions from the purview of the act. instead, legislature intended to confine the redressal to the services contracted or undertaken between the seller and the consumer, defined under the act. it is seen that the appellants admittedly entered their letters of credit with the respondent. the respondent is .....

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Jul 10 2013 (TRI)

M/S. Monto Motors Ltd. Through Its Director Vs. M/S. Sri Sai Motors Th ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... complainant is maintainable, as the complainant is a consumer as there is deficiency in service? by op-1 in not refunding the security deposit as per the terms of the contract.? 9. we do not agree with the interpretation arrived at by learned state commission. as security amount was deposited for obtaining dealership for the purpose of purchase and sale of ..... such goods for resale or for any commercial purpose.? 8. learned state commission while dealing with this aspect observed as under:-- the case of op-1 is that since the contract between the parties is commercial in nature, the complainant is not a consumer as defined under the consumer protection act. it is true that the complainant was appointed as a .....

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May 17 2013 (TRI)

United India Insurance Company Ltd. Through the Regional Manager Vs. G ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... have gone through the record. 10. it has been argued by learned counsel for the petitioner that respondent no.1 is not a consumer as there was no privity of contract between him and the petitioner. it is further contended that respondent no.1 never approached petitioner for transferring the insurance policy of the vehicle neither petitioner received any cheque on .....

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Mar 19 2013 (TRI)

New India Assurance Co. Ltd. Vs. Ashok Kumar

Court : National Consumer Disputes Redressal Commission NCDRC

..... policy was not endorsed in the name of respondent transferee. therefore, the insurance company was not liable to pay the claim because there is no privity of contract between the petitioner/opposite party and the respondent/complainant. learned counsel for the respondent on the contrary has argued in support of the orders of the fora below ..... name to enable the petitioner-company to make necessary changes in the record and issue fresh certificate of insurance. the respondent/complainant thus did not get the insurance contract transferred in his favour. therefore, he did not acquire any insurable interest in the stolen vehicle on the date of theft. section 157 of the motor ..... ., damage caused to the vehicle of the insured himself, that would be a matter falling outside chapter xi of the new act and in the realm of contract for which there must be an agreement between the insurer and the transferee, the former undertaking to cover the risk or damage to the vehicle. in the ..... are two third parties when a vehicle is transferred by the owner to a purchaser. the purchaser is one of the third parties to the contract and other third party is for whose benefit the vehicle was insured. so far, the transferee who is the third party in the ..... contract cannot get any personal benefit under the policy unless there is a compliance of the provisions of the act. however, so far as third .....

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Mar 04 2013 (TRI)

New India Assurance Co. Ltd. Vs. Shri Pankaj Kapoor and Others

Court : National Consumer Disputes Redressal Commission NCDRC

..... difference between the theft and burglary, held as under: thedefinition given in the policy is binding on both the parties. the policy is a contract between the parties and both parties are bound by the terms of contract. as per the definition of the word burglar, followed with violence make it clear that if any theft is committed it should necessarily precede .....

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Feb 07 2013 (TRI)

Worldwide Immigration Consultancy Services Limited (Wwics Ltd.) and An ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... to alleged delay in filling the complaint, the state commission noted that:- the contention of the learned counsel for the op/appellant is that the complainant had entered into two contracts one with them and the other with worldwide immigration consultancy services, canada inc. (hereinafter referred to as the wwics, canada) on 17.03.2001. it is contended that they have ..... that the complaint was bad for non-joinder of necessary and proper party i.e. wwics canada. 7. having agreed with the state commission on non-existence of a separate contract with wwics canada, we also hold that the question on non-joinder of necessary party does not arise. we have also noted earlier in this order that before the state .....

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