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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: old Court: national consumer disputes redressal commission ncdrc Year: 2012 Page 1 of about 39 results (0.021 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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Feb 16 2012 (TRI)

Kaushalendra Kumar Mishra Vs. the Oriental Insurance Co. Ltd.

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Feb-16-2012

..... use of the vehicle without registration was a matter to be dealt under the motor vehicles act, but the insurer and the insured are bound by the terms of the contract between them. in the absence of a specific condition in the policy that if the owner does not get the vehicle registered within a period of seven days of its .....

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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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Mar 09 2012 (TRI)

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

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Mar-09-2012

..... 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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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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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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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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Jul 03 2012 (TRI)

The Branch Manager Life Insurance Corporation Civil Lines Vs. Sunil Ku ...

Court : National Consumer Disputes Redressal Commission NCDRC

Decided on : Jul-03-2012

..... employees of the petitioner corporation and it cannot be used to the disadvantage of the respondent / complainant by unilaterally changing the terms of the contract after a gap of 12 years. undoubtedly, the petitioner corporation is likely to suffer some under-recovery but in all fairness, the petitioner corporation ..... dismissal. 6. having considered the rival contentions, we find that there is no dispute about the basic facts of the case. undoubtedly, the contract of insurance is one of utmost good faith but there is no allegation of suppression, misstatement or misrepresentation on the part of the complainant/respondent ..... 2001) 2 scc 160] where the apex court has held that the duty of insured to disclose material facts continues up to execution of the contract of insurance. he submitted that in the present case, there is no allegation by the petitioner that there is any misstatement or misrepresentation or ..... act according to the terms of the policy documents which are issued after due consideration of all the material aspects pertaining to the insurance contract. he argued that the total period under both the policies ranges from 16 to 18 years out of which the respondent has continued to ..... by this action on the part of the petitioner and treating the demand for additional payment of premium as breach of the contract between the two parties, the respondent lodged a complaint with the district consumer forum praying for issuing directions to the petitioner corporation to comply .....

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