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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: national consumer disputes redressal commission ncdrc Year: 2012 Page 1 of about 39 results (0.054 seconds)

Mar 09 2012 (TRI)

Ashish Vishwakarma Prop. of M/S. Ashish Constructions Vs. Branch Manag ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Mar-09-2012

..... pointed out that this commission, in the case of m/s. harsolia motors v national insurance company ltd. [i (2005) cpj 26 (nc)] has held that a contract of insurance is a contract of indemnity and, therefore, there is no question of commercial purpose in obtaining insurance coverage. it has also been held that the insured could not trade or carry out any .....

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May 09 2012 (TRI)

Deep Nursing Home Through Dr. Gurdeep Singh Kochhar and Others Vs. Man ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : May-09-2012

..... written submissions as under: (i) dr. gurdeep singh kochhar and dr. kanwaljit kochhar were insured with respondent 4/new india assurance company. the oic had no contract of indemnity in respect of these doctors. (ii) the oic cannot be held liable unless appellant 1/deep nursing home is liable under the terms and conditions of the policy ..... be held liable in the facts and circumstance of the present case. (iv) the new india assurance company has also quoted clause 8.8 of the professional indemnity policy, which reads as under: if at the time of happening of any event resulting into a liability under this policy, there be any other liability insurance ..... be anticipated and, whenever possible, preparations should be made before delivery. general precautions include establishing at least one large-bore intravenous line, ensuring the availability of uterine contraction medications (oxytocin, methylergonovine, prostaglandins) and confirming that appropriate nursing and anesthesia personnel are available and aware of the possibility of postpartum hemorrhage. in selected high-risk patients ..... be excluded. blood and fluid must be replaced as needed. conservative measures for control of bleeding include uterine massage, uterine pressure and administration of medications to stimulate uterine contractions (oxytocin, methylergonovine, prostaglandins). surgery may be necessary to occlude the blood supply to the uterus. if this is not successful, hysterectomy may be required. preventing postpartum .....

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Feb 01 2012 (TRI)

Motisons Securities Pvt. Ltd. Vs. Oriental Insurance Co. Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Feb-01-2012

..... based, section 1 of the said part, the insurance covered infidelity of the employees?. the relevant clause reads as under: section 1.infidelity of employees indemnity is afforded to the assured under this section for loss resulting solely and directly from dishonest or fraudulent acts by employees of the assured wherever committed and whether ..... rai chandan lal, iv (2004) cpj 15 (sc)=v (2004) slt 876=(2004) 8 scc 644. exclusion clause(s) are part and parcel of the insurance contract and no attempt should be made to read down the same on the ground that the clause has general phrases and words. 14. there being no dispute that no ..... by employees.? 8. the term employee? is defined in clause 5 of the definitions to part-1 as under: employees? shall mean: (a) all persons under contract of service with assured; (b) all temporary employees employed by the assured including apprentices on the salary rolls of the assured; (c) all persons provided by an employment ..... .35,93,632.502. in nut shell the case set up in the complaint is that the complainant company had taken a stock brokers indemnity insurance policy for the trading members of national stock exchange of india ltd., bearing no. 330/98 valid uptil 31.5.1998 for an ..... indemnity limit of rs. 25,00,000 upon non-delivery securities, etc., from the opposite party by paying the requisite premium. the said policy inter .....

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Apr 12 2012 (TRI)

Union of India Through Post Master General in Karnataka Police Thimmai ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Apr-12-2012

..... and conspectus of the provisions of the act we think that the contention is not well founded. the parliament is aware of the provisions of the arbitration act and the contract act, 1872 and the consequential remedy available under section 9 of the code of civil procedure,i.e., to avail of right of civil action in a competent court of .....

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Nov 22 2012 (TRI)

M/S. Charan Homes Pvt. Ltd. and Another Vs. M.G. Jai Prakash Rai

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Nov-22-2012

..... the view that under the agreement the ops have undertaken to built a flat for the complainant and to hand over possession executing the sale deed. therefore, it is a contract for rendering service and the complaint under the consumer protection act is maintainable. the next contention of the ops is that the agreement is sham colourable and not intended to ..... had agreed to sell the flat to the respondent and received a sum of rs.15 lakh from him towards the sale consideration. appellants could wriggle out of the written contract only on showing that the agreement had been got executed by the respondent either by playing a fraud or coercion or on mis-representation. neither any such plea nor any .....

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Oct 15 2012 (TRI)

Shankar Woolen Pvt. Ltd. Vs. National Insurance Co. Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Oct-15-2012

..... for instance, the above principle will apply where the inequality of bargaining power is the result of the great disparity in the economic strength of the contracting parties. it will apply where the inequality is the result of circumstances, whether of the creation of the parties or not. it will apply to ..... principle is that the courts will not enforce and will, when called upon to do so, strike down an unfair and unreasonable contract, or an unfair and unreasonable clause in a contract, entered into between parties who are not equal in bargaining power. it is difficult to give an exhaustive list of all bargains of ..... it will also apply where a man has no choice, or rather no meaningful choice, but to give his assent to a contract or to sign on the dotted line in a prescribed or standard form or to accept as set of rules as part of the ..... contract, however unfair, unreasonable and unconscionable a clause in that contract or form or rules may be. this principle, however, will not apply where the bargaining power of the contracting parties is equal or almost equal. this principle may not apply where ..... both parties are businessmen and the contract is a commercial transaction. in todays complex world of giant corporations with their vast infrastructural organizations and .....

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Apr 23 2012 (TRI)

Vasant Shankar Toraskar and Others Vs. M/S. Shreeji Builders, Throâan ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Apr-23-2012

..... an association of two or more persons formed to carry out a single business enterprise for profit. more specifically, it is in association of persons with intent, by way of contract, express or implied, to engage in and carry out a single business venture for joint profit, for which purpose such persons combine their property, money, effects, skill, and knowledge, without ..... is governed by the law applicable to partnerships. a joint venture is to be distinguished from a relationship of independent contractor, the latter being one who, exercising an independent employment, contracts to do work according to his own methods and without being subject to the control of his employer except as to the result of the work, while a joint venture ..... to the owner or whether it is for construction and delivery of multiple apartments or more than one floor to the owner. the principle would be the same and the contract will be considered as one for house construction for consideration. the deciding factor is not the number of apartments deliverable to the landowner, but whether the agreement is in the ..... nature of a joint venture or whether the agreement is basically for construction of certain area for the landowner. [para 28] it is, however, true that where the contract is a true joint venture the scope of which has been pointed out in paras 21 to 25 above, the position will be different. in a true joint venture agreement .....

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Mar 19 2012 (TRI)

Life Insurance Corporation of India Vs. Smt. Kusum Patro

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Mar-19-2012

..... entitle the insurer to repudiate his 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.? [emphasis supplied] 12 (i) fuller reading of the apex courts observations, particularly those in para. 20 of the order in the satwantkaursandhus case would leave ..... centuries ago, in carter v boehm, lord mansfield had succinctly summarized 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 ..... and include all important?, essential? and relevant information in the context of guiding the insurer to decide whether to undertake the risk or not. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx thus, in a contract of insurance, any fact which would influence the mind of a prudent insurer in deciding whether to accept or not to accept the risk is a material fact?. if the ..... influence the judgment of a prudent insurer in fixing the premium or determining whether he would like to accept the risk. any fact that goes to the roof of the contract of insurance and has a bearing on the risk involved would be material?. the insurance regulatory and development authority (protection of policyholders interests) regulations, 2002 defines the word .....

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Feb 29 2012 (TRI)

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

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Feb-29-2012

..... 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

Decided on : Sep-18-2012

..... . 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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