Articles

 

IMPORTANCE OF SURVEYOR REPORT IN INSURANCE MATTERS

Insurance company cannot appoint number of surveyors one after another to get report in their favour. IRDA (Protection of Policy Holders’ Interest Regulations 2002)...

THEORY OF 45 DAYS TIME FOR FILING WS IN CONSUMER COMMISSION

J.J. Merchant v. Shrinath Chaturvedi, (2002) 6 SCC 635, which was a three Judge Bench decision, consumer fora has no power to extend the time for filing a reply/written statement beyond the period prescribed under the Act. However, thereafter, despite the above three Judge Bench decision, a contrary view was taken by a two Judge Bench and therefore the matter was referred to the five Judge Bench and the Constitution Bench has reiterated the view taken in the case of J.J.Merchant and has again reiterated that the consumer fora has no power and/or jurisdiction to accept the written statement beyond the statutory period prescribed under the Act, i.e., 45 days in all....

RERA proceedings would prevail SARFAESI if Bank steps in to shoe of promoter. (Developer fails to pay loan .Bank auctions property; RERA orders stay )

The decision was given by the divisional bench comprising chief justice Akil Kurashi and justice Uma Shankar Vyas while deciding the writ petitions filed by the Union Bank of India against the order passed by Rajasthan RERA wherein while cancelling the bank auction, RERA directed the bank to hand over the possession of the semi-constructed residential project to RERA....

Parents can file petition against son to vacate the house

"In the conservative Indian society, a son is not expected to brand his aged father a 'swindler' or then allege that the aged parents have lost mental balance. The allegations that the aged parents have been physically assaulted, that the other son was also assaulted and that visitors are prevented from entering the residential house, are not specifically traversed."...

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

“The exclusion of one of the natural heirs from the bequest, cannot by itself be a ground to hold that there are suspicious circumstances - Cases in which a suspicion is created are essentially those where either the signature of the testator is disputed or the mental capacity of the testator is questioned . 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.",...

Medical Council Of India criticizes Professional Conduct of doctors SC considers report relevant for Medical Negligence claim

The Supreme Court observed · That the findings of the report of Medical Council of India on professional conduct of doctors are relevant while considering medical negligence compensation claims. · The bench comprising Justices UU Lalit, S. Ravindra Bhat and PS Narasimha also observed that in the proceedings for damages due to professional negligence, the question of intention does not arise...

Mediation ;Purpose & Procedure

Section 2(25) "mediation" means the process by which a mediator mediates the consumer disputes; (26) "Mediator" means a mediator referred to in section 74. (1) The State Government shall establish, by notification, a consumer mediation cell to be attached to each of the District Commissions and the State Commissions of that State....

Administrative powers to the National commission to monitor the functioning of their subordinate commissions

(2) There shall be a monitoring cell to be constituted by the President of the National Commission to oversee the functioning of the State Commissions from the administrative point of view....

Are Consumer Commissions going to suffer power conflict with CCPA ?

Consumer Commissions are totally independent for their judicial functioning Regulatory Body is an independent Body working for the cause of consumers but under Ministry of Consumer Affairs...

Consumer Regulatory Authority ;What new from consumer courts

Why needed Authority When Type of Complaints same as in consumer courts Complaint can be made to CCPA in case of any infringement of consumer rights done by anyone in the market while selling their product Purpose of CCPA is to protect the rights of consumers and authority accepts all complaints about violation of the rights of consumers. It can be about defect in goods or deficiency in services....

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