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Directions for Ecommerce entities under new Consumer Protection act 2019

Obligations set for e commerce entities under new act – 1. Must display its legal name, address of its headquarters and all branches; website;Contact details 2. The entity must provide information relating to return, refund, exchange, warranty and guarantee, delivery and shipment, grievance redressal mechanism, ticket number for each complaint lodged to track its status and any other similar information; 3. The entity must also provide available modes of payment and their security, procedure to cancel payments, applicable fees and charges, charge back option and contact information of the relevant payment service provider...

LIST OF IMPORTANT CASES(Medical Matters ) (11 IMPORTANT CASES )

d)What cannot be negligence · If followed all medical norms&three steps · Doctor not guarantor · Error of judgement differt from wrong diagnosis · Factors contributing slow treatment e)What is res ipsa loquitur [ A thing speaks of itself]- in case any instrument left in the body ,a wrong part removed , allopathic treatment given by a homeopathic doctor etc...

Medical negligence not limited to treatment only

Doctor negligently operated only the right fallopian tube and had left the left fallopian tube untouched. The patient was informed that the operation was successful and was assured that she would not conceive a child in future. This negligence when results into birth of an unwanted child to a woman, was considered a case of medical negligence....

ON LINE PURCHASE & RIGHTS OF CONSUMERS

MRP not printed on books sold...

Difference & Compatability between Real Estate (Regulation and Development) Act (RERA), 2016, & Consumer Protection Act

DIFFERENCE · RERA entertains commercial as well as residential ,consumer act only residential · CP Act looks after other consumer matters also IMPLEMENTATION OF ORDER Section 40 ; · Compliance from the date of order received -45 days · RERA can be contacted for execution,-can be recovered as arrears of land revenue · Non-compliance ;penalty be levied on a daily basis subject to a maximum of five percent of the estimated cost of the real estate project · Can also be imprisoned for a term up to three years or with fine, or both...

MASTER SERVANT LIABILITY OR VICARIOUS LIBILITY

TEST OF MASTER SERVANT RELATIONSHIP IS Contract of work meaning thereby EMPLOYMENT CONTRACT , Or Contract for work means contract for certain works to be done by contractor ,hence the character of the person performing work is of a contractor and not of an employee Dixon J stated the following principles: A tort is committed in the course of the performance of work for the benefit of another person, he cannot be vicariously responsible if the actual tort fear is not his servant and he has not directly authorized the doing of the act which amounts to a tort. The work, although done at his request and for his benefit, is considered as the independent function of the person who undertakes it The independent contractor carries out his work, not as a representative but as a principal. Example: Cases of MARUTI UDYOG AND its DEALERS =RELATIONSHIP –Principle to Principle and not of agent though Manufacturer liable for manufacturing defects...

Secondary Evidence Can Be Permitted if original Document cannot be produced (In a situation when the party Establishes Factual Foundation for the same )

Section 65(a) of the Evidence Act a. allows the production of secondary evidence when the original is shown and appears to be in possession or power of one against whom the document is sought to be proved, b. when document is out of reach of a person claiming person. c. Can be obtained through the process of the Court, d. Any person legally bound to produce it, and when, after the notice mentioned in Section 66, such person does not produce it. e. In such contingency, party concerned is entitled to prove the same by way of secondary evidence....

Pension and gratuity cannot be attached even by court decree

Exception situation Union of India vs. Jyoti Chit Fund and Finance and Others [(1976) 3 SCC 607], The provisions of Sections 3 and 4 of the Provident Funds Act, 1925, prohibiting attachment of sums held by the Government, as well as proviso (g) to Section 60(1) of the Code, this Court held That till such time as amounts payable by way of provident fund, compulsory deposits and pensionary benefits did not reach the hands of the employee they retained their character as such and could not, therefore, be attached. Dr Prem Lata...

Amendment to the act through Ordinance Epidemic Disease Act of 1897

Assaults on healthcare workers will now be considered as a cognizable and non-bailable offence, the probe for which will need to be completed within 30 days under the supervision of a senior inspector. The judicial process and the verdict would also arrive within a year. 3. If convicted, the accused can be sentenced from 3 months to 5 years in prison and penalised from Rs 50,000 up to Rs 2 lakh based on the gravity of offense. In case of grievous injuries, the accused can be sentenced from 6 months to 7 years and they can be penalised from Rs 1 Lakh to Rs 5 lakhs in fine....

Can Insurance company appoint surveyors one after another (IRDA Rules)

Sri Venkateswara and Syndicate Vs. Oriental Insurance Company Limited & Anr. (2009) 8 SCC 507” Explained in the judgment scope of Section 64 UM of the Insurance Act · Second surveyor can be appointed only when the first surveyor’s report is either inherent defects in it or that it is arbitrary, excessive, exaggerated etc. · While appointing a second surveyor the insurer has to give cogent reasons for rejecting the report of first surveyor...

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