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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: national consumer disputes redressal commission ncdrc Page 8 of about 101 results (0.019 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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Sep 09 2013 (TRI)

Smt. Yashoda JaIn and Others Vs. Life Insurance Corporation of India T ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... insurance co. ltd. versus harchand rai chandan lal? as reported in [iv (2004) cpj 15 (nc)] saying that the policy is a contract between the two parties and both the parties are bound by the terms of the said contract. the state commission also allowed the present petitioner time of one month to exercise her option and in case, the option was .....

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Sep 27 2013 (TRI)

Indian Overseas Bank J P Nagar Branch Mysore Represented by Its Senior ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... petition. the main grounds for the revision petition are that: the state commission erred in holding op no. 1 the bank had taken a wrong policy. there is no special contract to take a particular policy or that there is no question of taking any wrong policy. it is submitted that there is no mistake by bank. in fact the dispute .....

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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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Oct 10 2013 (TRI)

New India Assurance Company Ltd., Through Manager Vs. Manish Abhay Bed ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... the question as to whether the cancellation was valid or not. the jurisdiction of the consumer fora can only be invoked if there is a privity of contract. once there is no privity of contract, the complainant is not a consumer and therefore, the complaint itself was not maintainable. * the complainant, if aggrieved, could have challenged the cancellation of the policy, if ..... of the petitioner company. * once the policy was cancelled, the question of payment of claim does not arise. the complaint itself was not maintainable as there was no privity of contract between the complainant and the petitioner company. the complainant in any case was not entitled to challenge the cancellation in any manner as she was not privity to the ..... contract. the cancellation having been not challenged by the insured could not have been challenged by the complainant. * the state commission erred in recording the finding that the letter refunding the ..... laxmi narain dhut iii (2007) cpj 13 (sc) = iv (2007) slt 102 = ii (200and) acc 28 (sc) has held that the policy is a contract between the parties and both the parties are bound by terms of contract?. in the case of nand kumari and ors vs oriental insurance co. ltd., - i (2012) cpj 357 (nc), the national commission has held that .....

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Oct 29 2013 (TRI)

N. Manohar Reddy Vs. Happy Farm and Resorts and Others

Court : National Consumer Disputes Redressal Commission NCDRC

..... 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 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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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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Dec 02 2013 (TRI)

Baljeet Vs. United India Insurance Company Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

..... be looked into and the insurance company cannot repudiate the claim on that basis. in the facts and circumstances of the case, the real question is whether, according to the contract between the respondent and the appellant, the respondent is required to be indemnified by the appellant. on the basis of the settled legal position, the view taken by the state .....

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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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