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Important Judgments of the Year 2022 PART-1

Head Note Failure to obtain the occupation certificate , ‘consumers’ are to be paid compensation for the consequent liability. Appeal arising against the order from NCDRC and was decided on 11th of Jan 2022 It’s a common grievance of home buyers that builder fails to complete the construction work including amenities as per plan and agreed terms. With the result occupancy certificate is not issued by the concerned authorities. In some cases home buyers take possession under compelling circumstances with incomplete work and occupancy certificate still remains a problem. Here is a unique case decided by the Hon’ble Supreme Court on 11th January 2022 which gives a new dimension to the issue of fixing liability of Developer when occupancy certificate not provided to the home buyers....

A Will cannot be challenged for unfair &unequitable Distribution Supreme Court (Article 14 does not apply)

In the matter of appreciating the genuineness of execution of a Will, there is no place for the Court to see whether the distribution made by the testator was fair and equitable to all of his children. The Court does not apply Article 14 to dispositions under a Will."...

Theory of defects in Vehicles and liabilities of Seller & Manufacturere ( Landmark Judgments ) Part-4

Expert opinion for declaring manufacturing defect in vehicle not necessary if could not be repaird trying time and again time Case No -1 ;Tata Motors Ltd. &Others V/S Dr Anuj Paul Maini &others decided on 18.02.2014 National Consumer Dispute Redressal Commission has pronounced an order on the same issue further elaborating this theory in the matter of Tata Motors Ltd. &Others V/S Dr Anuj Paul Maini &others decided on 18.02.2014. In this case, complainant had purchased a Tata Indigo Marina Dictor and was delivered on 18.4.2007. On a local ride before issue of invoice, vehicle was found having as many as eight defects which were removed without charging anything. Defects so pin pointed were –...

Theory of defects in Vehicles and liabilities of Seller & Manufacturere ( Landmark Judgments ) Part-3

National Commission held that the car went to the workshop as many as eleven times. Defect was admitted right in the beginning even before issue of invoice which amounts to manufacturing defect and it is presumed that it might have caused accident .Hence there is absolutely no need to take expert opinion at this stage. SC also confirmed this order By Dr Prem Lata...

Theory of defects in Vehicles and liabilities of Seller & Manufacturere ( Landmark Judgments ) Part-2

This is the case where court has made certain points very clear: 1. In case by repairing or replacing any part, vehicle works well, there is no need to replace the vehicle with the new one. 2. If vehicle is bearing a defect at the initial stage and knowing full well a defective vehicle is sold, complainant is entitled to get compensation for mental agony and harassment he has undergone. 3. If the vehicle is sent for repair time and again and cannot be repaired, there is no need to further obtain expert opinion for declaring manufacturing defect...

Theory of defects in Vehicles and liabilities of Seller & Manufacturere ( Landmark Judgments ) Part-1

Hence once complainant paid the full sale consideration for a new car, the duty was cast upon the dealer to supply the new car which was booked would tantamount to dishonesty and unfair trade practice....

Replacement not suggested if part repaired or replaced, vehicle works well

Dealer and Manufacturer is principal to principal and not as principal and agent 1. Case Law :Indian Oil Corporation V Consumer Protection Council Kerala 2004 ,SC In the case of Indian Oil Corporation V Consumer Protection Council Kerala 2004 ,SC had held that relationship between the dealer and manufacturer is principal to principal and not as principal and agent .Hence both are liable for their own wrongs ....

Repainted car sold as New; Does Court hold it manufacturing defect?

There is a difference between Defective car and old car. In the case Mahaveer Stone Crushing Co V/S Tata Motors Ltd (SC) court observed that car bears defect due to scratches in the process of transportation whereas in the case cited above in Rajiv Shukla it is proved through cogent evidence that an old used car as Demo Test Drive Car was sold as new one...

Exclusion clauses in Insurance matters

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Cancelling the policy at the stage of claim,how far correct (Section 45 of Insurance (amendment )Act 2015)

Supression of Material Fact & fraud are two different things ,action also different · That in case of repudiation of the policy on the ground of misstatement or suppression of a material fact, and not on the ground of fraud, the premiums collected on the policy till the date of repudiation shall be paid to the insured or the legal representatives or nominees or assignees of the insured within a period of ninety days from the date of such repudiation. · That no refund in case of fraud ,insured to prove no fraud...

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