Laws laid down by supreme court

 

TIME LIMITATION WHEN CAN BE CONDONED.

Court highlighted with reference to Section 3 of the Limitation Act that” it is for the court to determine the question as to whether the suit is barred by limitation or not irrespective of the fact that as to whether such a plea has been raised by the parties; such a jurisdictional fact need not be even pleaded.”...

LAW ON ISSUES TO BE TAKEN UP UNDER SUMMERY PROCEDURE

“when pleadings of both the parties were made available before the Commission, only then the Commission should have formed an opinion as to the nature and scope of enquiry, i.e., whether the facts which arose for decision on the basis of the pleadings of the parties required a detailed and complicated investigation of facts which was incapable of being undertaken in a summary and speedy manner, then only the Commission should have justifiably formed an opinion on the need of relegating the complaint to a civil court’...

WHEN CONSUMER COURT CANNOT HEAR A CASE UNDER SUMMERY PROCEDURE

The commission should address itself to the quantity of claim,the nature of claim,the nature of evidence which would be required to be submitted both in respect of claim and damages suffered and the nature of legal issues before deciding that the matter ought to be decided by the civil court in regular course.”...

HIRE PURCHASE –BANKING AND FINANCING

The hire-purchase agreement in law is an executory contract of sale and confers no right in rem on hire until the conditions for transfer of the property to him have been fulfilled. Therefore, the re-possession of goods as per the term of the agreement may not amount to any criminal offence.In that particular case , the financier took possession of the bus from the complainant with the aid of the appellants. It cannot thus be said that the appellants, in any way, had committed the offence of theft and that too, when criminal or dishonest intention could not be pin-ponted....

JURISDICTION OF THE FORUM /COMMISSION TO ENTERTAIN A COMPLAINT WHEN THERE IS AN ERROR OF NON-JOINDER OF THE PARTY

The hospitals are institutions, people expect better and efficient service, if the hospital fails to discharge their duties through their doctors being employed on job basis or employed on contract basis, it is the hospital which has to justify and by not impleading a particular doctor will not absolve the hospital of their responsibilities...

CODE AND CONDUCT FOR LAWYERS ;

An advocate shall maintain towards the courts a respectful attitude, bearing in mind the dignity of the judicial office.He shall not be a mere mouth-piece of the client, and shall exercise his own judgement in the use of restrained language in correspon...

LAW LAID DOWN BY SUPREME COURT ON INSURANCE

“A statute is an edict of the Legislature and in construing a statute, it is necessary to seek the intention of its maker. A statute has to be construed according to the intent of those who make it and the duty of the court is to act upon the true inten...

COURTS AND TRIBUNALS

Though both courts and tribunals exercise judicial power and discharge similar functions, there are certain well-recognised differences between courts and tribunals. They are: (i) Courts are established by the State and are entrusted with the State's in...

DO’S &DON’TS FOR CONSUMERS

general tips for consumers...

Laws Laid down by Supreme Court on- INTRIM ORDERS

.We hereby direct that in future no such interim order permitting the students either to pursue the study or ;to appear in the examination, shall be passed by the Consumer For a. That is not the function of the Consumer Fora and hence granting of such in...

LAWS LAID DOWN BY SUPREME COURT IN BANKING&FINANCING MATTERS

“Banks /financial institutes can recover their dues from the guarantor or surety even without exhausting their remedy available to them against the borrower .Consumers are to sign such documents with great care and after they understand the consequences thereof,”...

Laws Laid down by Supreme Court on Lawyer's Liability

Laws Laid down by Supreme Court on Lawyer's Liability...

LAWS LAID DOWN ON MEDICAL NEGLIGENCE:

Laws Laid down by Supreme Court on Medical Negligence...

Laws Laid down by Supreme Court on Housing

Laws Laid down by Supreme Court on Housing...

LAW LAID DOWN ON EDUCATION

“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’...

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