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Chapter IV of the Indian Constitution deals with Union Judiciary.

M.C. Setalvad, the Chairman of the First Law Commission wrote in his autobiography: "The Commission had, after careful consideration expressed the unanimous view that the practice of Judges looking forward to or accepting employment under the Government after retirement was undesirable as it could affect the independence of the Judiciary. We therefore recommended that a constitutional bar should be imposed on Judges accepting office under the Union or State Governments similar to the bar in the case of the Auditor and Comptroller-General and members of Public Service Commissions."[1]...

How an error in order results into “No order’

It’s the most painful thing for a consumer who wins the case after putting all efforts, energy and time and it becomes null and void due to an error in understanding the real person who is to be punished. It happened with a complainant in the matter of H.K. Singla vs. Avtar Singh Saini & Ors. who had filed a complaint against secretary Chandigarh State Bank of Patiala Employees Co-operative USE Thrift & Credit Society, claiming maturity amount along with interest on his deposit with the Society....

Jurisdiction of consumer forums in education matters

Honble Supreme Court in the year 2003 in the matter of Usmania Islamia Academy v / s State of Karnataka ,three judges bench comprising Justice V N Khare,Justice S N Variyavaha and Chief Justice K G Blaakrishnana pronounced a detailed order on 14.8.2003 by discussing every aspect covered by the educational institute in providing education to the students . Number of guidelines were issued through this three judges bench order and UGC was directed to frame rules on the basis of this order .UGC then circulated certain guidelines for the institutes that – • They cannot retain more than Rs 1000/- as proportionate fee in case student leaves the institute • They cannot retain the original certificates also . • They cannot demand fee for the entire course ,can only ask fee for one term....

EDUCATIONAL INSTITUTES ARE SERVICE PROVIDERS AND NOT STATUTARY BODIES

After the pronouncement of landmark judgement by the apex court in the matter of Bihar Examination Board V Suresh Prasad Sinha in the year 2009 holding that the examination boards and Universities being statutory bodies falls outside the purview of the Consumer Protection Act, all educational institutes are trying to take the plea that consumer protection act does not have the jurisdiction to deal with the matters pertaining to education, A bench comprising Justice R V Raveendran and Justice Markandey Katju had said in their judgement- “We are clearly of the view that the Board (examination board) is not a ‘service provider’ and a student who takes an examination is not a ‘consumer’ and consequently, complaint under the Act (Consumer Protection Act) will not be maintainable against the board,” Not only that,some private educational institutes have started naming their institutes as University .Looking into this fact, UGC has issued notification to this effect and warned such institutes prohibiting them the use of word university with the name of their institute....

Sharing medical information of patient by doctors ,how for ethical & reliable

L.I.C. and Ors. v. Asha Goel, I (2001) SLT 89=(2001) 2 SCC 160, the Apex Court has reiterated that burden of proving that the insured had made, false representations and suppressed material facts is on the Corporation The position of law was stated that three conditions must fulfill for application of exclusion clause and for bringing the case under pre-existing disease. Second part of Section 45 is: (a) The statement must be on a material matter or must suppress facts which were material to disclose; (b) The suppression must be fraudulently made by the policy holder; and (c) The policy holder must have known at the time of making the statement that it was false or that it suppressed facts which it was material to disclose....

FINANCIAL CREDITOR CANNOT TAKE OVER HOME BELONGINGS OF HOMEBUYERS.-SUPREME COURT OF INDIA

Supreme Court in Amrapali case held that financial creditor cannot take over home belongings of homebuyers. In other words, the Supreme Court upheld the rights of home buyers ahead of the creditors....

DOCTORS TO MAINTAIN CONFIDENTIALITY OF PATIENT’S MEDICAL RECORD

Maintaining confidentiality of a patient’s medical aspects is not only the duty of a doctor but also a constitutional obligation...

Whether medical examination compulsory for issuance of Policy to take place prior to accepting premium

It would be logical for the insurance company to accept the premium based on the medical examination and not otherwise. Therefore, by the very fact that they accepted the premium waived the condition precedent of medical examination....

JURISDICTION OF CONSUMER COURTS IN ARBITRATION AGREEMENT CASES

Hence in spite of having arbitration clause ,consumer court may go ahead and enjoys the jurisdiction on matters related to the subjects under its domain i.e. purchase of goods and hiring of services. 3. The Consumer Act is a special social legislation enacted to protect consumer rights against large Corporations, hence issues covered under this act are not arbitrable neither they are intended to be covered by the amendment to Section 8 of the Arbitration Act 4. To accept the plea of the Builder would be to set at naught the entire purpose and object of the Consumer Act, viz. to ensure speedy, just and expeditious resolution and disposal of consumer disputes....

CONSUMER FEARS TO FIGHT AGAINST DOCTORS (Doctors are the influential persons of the society)

As per my experience as Member on board in Consumer Court, out of total cases filed for medical negligence, many are actually not negligence cases but are :Result of lack of post operative car;A notion that every treatment must bring a positive results otherwise doctors are the cause ; Consumers are allured by misguiding factors that a huge amount in compensation can be claimed through some settlement with doctors ;Poor drafting’s , half hearted efforts put in preparing pleadings and deficient required documents. The above issues need introspection...

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