Choose a Category... Advertisements Airlines / Air Cargo Banking / Finance Compensation Consumer Definition Defective Goods Education Electricity Housing Insurance Interim Orders Jurisdiction Medical Negligence Others Railways

In case of fraud no refund. Insured to prove no fraud “Onus was on insurer to show that the insured had fraudulently given false information and said information was related to material fact ” Once insurer alleges with reason ,insured has to prove not guilty...

Whether we like or not, our society has chosen it not under compulsion but willingly. Our old generation may find it odd but the truth is, top most relation made by the God is also NAR-MADA relation and everything loops around it. So let us accept what is happening. We will see its adverse consequences also. But just give a pause-are there less complication to in present system of marriage? We are fighting with them also. Let our young generation face different kind of complications what they are willingly choosing...

The complainant came to India in the month of December 2014 with his daughter Orvinder Kaur Saggu @ Nicky, who is his legal guardian having the lasting power of attorney issued by the Officer of Public Guardian, Birmingham, to look after his property and financial affairs. He approached Canara Bank and requested that the amount deposited in the two FCNRs may be transferred to his Account No.43974642, sort code 20-08-98 of Barclays Bank UK...

hariwal contacted Bajaj Allianz General Insurance Company as the consignment was insured under a Marine Insurance Policy. The Insurance Company paid Rs. 28,72,142/- for the settlement of the claim. Upon receiving the payment, Dhariwal executed a letter of surrogation and special power of attorney in favour of the Insurance Company, making making it entitled to recover the claim for losses from the Transport Agency....

4 Srimathi V Union of India AIR 1996 Mad 427 Incidentally this argument was earlier also discussed in the matter of Srimathi V Union of India AIR 1996 Mad 427-That the Fact That Advocates Are Governed by The Statutory enactment and rules framed thereunder are subject to the disciplinary control of the statutory body but it was held that there is no provision to enable the bar council to deal with the dispute between the advocate and the client to compensate him for the damages and refund the money....

1. Legal validity was questioned Vishwa Bharti House Building Co-operative Societies Versus Karnataka State and others and its legal validity was questioned when a big business man was ordered to be sent to jail for noncompliance of its order. The questions were raised before the Supreme court as to whether Lok Sabha is empowered to pass such an act by which consumer forums run like parallel courts to/against the civil courts with much more discretionary powers. The matter was finally resolved by the Apex court in 2002 and held that the Consumer Protection Act is a valid law passed by the Lok Sabha as per the constitution who was competent to pass such welfare Act. 2. The registrar of societies to redress the grievance, civil courts barred to interfere in their functioning In Ms Kalawati V United Vaishya thrift and co-operative society: objections were taken by co-operative societies referring to the clauses in their act which bar the courts to interfere in their functioning, it is the registrar to redress the grievance. Supreme court rejected their argument stating consumer forums are not courts, hence not barred by their act...

hould it be proper to exclude advocate absolving completely for their default in their duties because consumer court is held not available to the rescue to the consumer. We need to check with the concept with much care to deal with the subject .It is true that advocate is not a mere agent of his client but owe three fold duties unlike other profession –one to the public, another to the court and then to the client .It had been said in the case of State of U.P. V U.P. State law officers by the SC as back as in 1994 that advocate is a part of justice system and does not act as mouthpiece or agent of his client .Keeping in view the above duties of the advocate ,one must see what duty the advocate has breached .If an advocate breaches the duty towards the public ,should he be pardoned .If he commits such a mistake which is not in the interest of court ,should he not be made answerable ,he been considered as part of justice system....

“The correct method of approach, therefore, would be to consider whether having regard to the nature of the work there was due control and supervision by the employer” In order to assess whether the client exercises direct control over the Advocate, the Court cited several provisions of the Civil Procedure Code. One such concerned provision was Order III Rule 4, as per which a pleader cannot act in the Court for any person unless he/she is appointed by such person. Now, the document for appointing a pleader. The document used for the appointment of a pleader is known as “Vakala Nama”. The Court noted that by virtue of such “Vakalatnama,” advocates have certain duties, including the one to their client....

K Vishnu v National Consumer Dispute Redressal Commission (NC)2000 This National commission earlier also in the matter of K Vishnu v National Consumer Dispute Redressal Commission had observed in 2000 that even if the advocate is regarded as officer of the court and is a part of the justice system, he cannot be set free from his basic role of services to his client for the consideration received....

Mathew Jackob v State of Punjab 2005 CTJ 1085 SC National commission while concluding his judgement had also referred to the case of Mathew Jackob v State of Punjab 2005 CTJ 1085 SC, wherein Apex court had held that in law of negligence, professionals, such as lawyers, doctors, architects and others are included in the category of persons professing some special skill and professional may be held liable for negligence....

Previous 1 2 3 4 5 6 Next