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The submission of the hospital that it was the beneficiary of those insurance policies does not evidently have any basis."...

Case Title: Shantilata Sethy and Another v. M/s Divisional Manager, The New India India Assurance Company Limited and Anr....

Earialr decided case by SC IN 2014 Shrinath C0-operatives and others v/s Consumer Education &research Societies 2014 SC --------------------...

Under a Hire Purchase Agreement Goods are let out on hire, with an option to purchase, in accordance with the terms and conditions of the Hire Purchase Agreement. The hirer simply pays for the use of the goods and for the option to purchase them. 2 Until the option to purchase is exercised by the hirer, upon payment of all amounts agreed upon between the hirer and the Financier, the financier continues to be owner of the goods...

It was a death case of a young and talented boy of sixteen year old ,who died in 1996 due to medical negligence of doctors which came before the National commission for judication The boy was given spinal anesthesia for performing operation whereas such anesthesia is not allowed to the person of this age as per the medical literature available on the subject This wrong application resulted into death of the boy. But no negligence could be proved in this case in 1996 because Insurance companies jumped in to picture for defence of doctors with battery of eminent lawyers and raised number of preliminary objection and father of the boy was forced to compromise ultimately...

Complainant cannot be paid twice for the loss, Courts maintained “Complainant cannot be paid twice for the loss. He can either be paid by Insurance or by the Hotel for his actual loss. But Hotel cannot be absolved from the responsibility of paying compensation for the mental harassment one undergoes. Hence Rs 1, 00,000/- is directed to be paid to the complainant apart from the cost of car as paid by insurance company” Bombay Brazzerie v. Mulchand Agarwal, I (2003) CPJ 4 (NC) Taj Mahal Hotel Versus United India Insurance Co. Ltd. & Ors. I (2018) Cpj 546 (NC...

D. Srinivas—Appellant Versus SBI Life Insurance Co. Ltd. & Ors.—Respondents Civil Appeal No. 2216 of 2018—Decided on 16.2.2018 Date of Judgement: February 16, 2018 Whether medical examination was compulsory for issuance of Policy to take place prior to accepting premium, was the question before the Hon’ble Supreme Court Bench in view of the facts and circumstances of the case that the insurance company accepted the premium, waived the condition precedent of medical examination....

State of Travancore-Cochin vs. Bombay Co. 11-PIL-58-2021 8 Ltd., reported in AIR 1952 SC Hon’ble Patanjali Shastri, CJI held 5. “Speeches made on the floor of the Parliament are not admissible as extrinsic aids to the interpretation of statutory provisions Aswini Kumar Ghose vs. Arabinda Bose, reported in AIR 1952 SC 369 Ruled 6. “A statute is the expression of the collective intention of the Legislature as a whole and any statement made by an individual, albeit a Minister, of the intention and object of the Act, cannot be used to cut down the generality of the words used in the statute” State of West Bengal vs. Union of India, reported in AIR 1963 SC 1241, Hon’ble B.P. Sinha, CJI...

“In a modem society no authority can arrogate to itself the power to act in a manner which is arbitrary. It is unfortunate that matters which require immediate attention linger on and the man in the street is made to run from one end to other with no result.” “The legislative intention is thus clear to protect a consumer against services rendered even by statutory bodies. The test, therefore, is not if a person against whom complaint is made is a statutory body but whether the nature of the duty and function performed by it is service or even facility.” “Any attempt, therefore, to exclude services offered by statutory or official bodies to the common man would be against the provisions of the Act and the spirit behind it. “ “Use of the word 'protection' furnishes key to the minds of makers of the Act. Various definitions and provisions which elaborately attempt to achieve this objective have to be construed in this light without departing from the settled view that a preamble cannot control otherwise plain meaning of a provision. In fact the law meets long felt necessity of protecting the common man from such wrongs for which the remedy under ordinary law for various reasons has become illusory”...

'that the Constitution has created three co-equal organs, namely To brand "" as "judicial overreach" is a "misguided generalization", asserted the CJI. said the Chief Justice of India NV Ramana...

"Registry is not justified in directing the petitioner to pay separate set of court-fee as the petitioners have filed only one writ petition. If the writ petitions would have been filed separately, then there would have been justification in asking for separate sets of court-fee."...

“Services’ defined under the Act ; “service” means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.” ‘Any description’ indicate all type of services ‘But not limited to’ indicate services specified in this clause are not the only services ,it may have many more services like this ‘Does not include the rendering of any service free of charge ‘ indicate fee or consideration or charges or cost paid is necessary for considering ‘Services’ under this act Hence to conclude CA or CA Firm when charges fee for its special advise or expert opinion or services related to its/his profession ,it is considered rendering services under the Consume Protection Act...

(Bar Council of India) "Judicial officers not having practical experience at the bar are mostly found to be incapable and inept at handling matters", BCI said in a press release. Most of such officers are found impolite and impractical in their behaviour with members of the bar and litigants. "The inexperience at the Bar is one of the primary and major reasons for delays in the disposal of cases in the sub-ordinate Judiciary. Trained and experienced judicial officers can comprehend and dispose of matters at a much faster pace, thereby leading to efficient administration of justice...

“insurers decision to reject the claim shall be based on sound logic and valid grounds,be noted such limitation clause does not work in isolation and is not absolute.” At the end INSURERS are advised “to incorporate additional wordings in the policy documents ,suitably enunciating insurer’s stand to condone delay on merits for delayed claims when delay is proved to be for reasons beyond the control.”...

. In order to provide need based health insurance coverage, insurers are introducing products for various specific diseases including vector borne diseases. For the purpose of meeting health insurance requirements of various sections, insurers are advised to design products covering the costs of treatment for Corona Virus."...

It was16th Feb 2022 , a historic day when the Hon’ble Apex Court after long thirteen years declared on 16th Feb 2022 in Civil Appeal No 923 of 2017 (Arising out of SLP (C) No 28615 of 2016) Vodafone Idea Cellular Ltd. Versus Ajay Kumar Agarwal that Consumer Protection Act is a Specific act and not a General act. The three judge’s bench comprising Justices DY Chandrachud, Surya Kant and Vikram Nath further observed that the existence of an Arbitral clause under the Indian Telegraph Act, 1885, will not oust the jurisdiction of the consumer forum. The above order was in appeal arising out of judgment dated 26 May 2016 of the National Consumer Disputes Redressal Commission...

Law about Revision petition...

“We, therefore, hold that when an insured has lodged the FIR immediately after the theft of a vehicle occurred and when the police after investigation have lodged a final report after the vehicle was not traced and when the surveyors/investigators appointed by the insurance company have found the claim of the theft to be genuine, then mere delay in intimating the insurance company about the occurrence of the theft cannot be a ground to deny the claim of the insured Supreme Court Of India...

"We find the aforesaid reasoning totally unsustainable. The effect of this reasoning is that fabrication of documents is permissible if it does not cause loss to the revenue! We have thus no hesitation in coming to the conclusion that the impugned order must go and is consequently set aside."...

In the said case the Hon’ble Supreme Court described its power under Article 142 – “The phrase ‘is necessary for doing complete justice’ is of a wide amplitude and encompasses a power of equity which is employed when the strict application of the law is inadequate to produce a just outcome. The demands of justice require a close attention not just to positive law but also to the silences of positive law to find within its interstices, a solution that is equitable and just. The legal enterprise is premised on the application of generally worded laws to the specifics of a case before courts.”...

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