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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...

CASE LAWS UNDER Consumer Protection Act 1986[Amended 2002]

Shamim Khan V New India Insurance Company, Maharashtra State Consumer Dispute Redressed Commission ‘it is the doctors who decide what treatment is required to be given. Once the insured has paid the agreed amount of premium, insurance company is bound to meet the expenses. While deciding a Case of mediclaim in the matter of Shamim Khan V New India insurance company, Maharashtra State Consumer Dispute Redressed Commission has shown insurance firms their place, directing that it is the doctor and not the insurer who can decide whether a case requires emergency medical attention or not. It is further stated that “insurance company’s officers are not experts who can decide whether a particular case is of medical emergency or not.”...

CASE LAW HOUSING

Funds Utilization Norms set under New RERA ACT 2016 (Real Estate Regulators And Developers Act 2016 “Developer obliged to park 70% of the project funds in a dedicated bank account to ensure that developers are not able to invest in numerous new projects with the proceeds of the booking money for one project.’ The above clause comes to rescue the home buyers against BIC 2016...

When a complaint under consumer protection act cannot be entertained

econd complaint after first complaint is dismissed on merit for the same cause When matter has been heard ,and decided and dismissed on merit . For the same cause one cannot file case before sam or another authority by hiding the fact of the decision. But if the case dismissed in default without going into the merit –one can file or after withdrawing the case with a liberty to file the same again by improving narration or relief etc Held on the first issue by Justice S S Ahmad , D Wadhwa “ in the absence of the complainant , the court or judicial body will be well within the jurisdiction to dismisss the complaint for non –prosecution .So also ,it would have the inherent power and jurisdiction to restore the complaint on good cause being shown for non-appearance of the complainant ” meaning thereby that court or judiciary body can dismiss the complaint in default and also restore it back if non-appearance is justified...

What is ‘Class Action’ Under Consumer Protection Act

How it is dealt by Consumer Commissions 1. Complete Procedure as in courts 2. Segregate cases in different groups according to grievance and relief 3. Order –common order or separate order as the case may be Relief – Remove defect ,change,refund along with compensation and cost of litigation Remove deficiency inservices,order for refund Removing unfair clause in contract ,remove and compensate for unfair trade practice Example of class case – Builder cases Education Product liability cases , Unfair trade practices How it is dealt by Consumer Commissions 1. Complete Procedure as in courts 2. Segregate cases in different groups according to grievance and relief 3. Order –common order or separate order as the case may be Relief – Remove defect ,change,refund along with compensation and cost of litigation Remove deficiency inservices,order for refund Removing unfair clause in contract ,remove and compensate for unfair trade practice Example of class case – Builder cases Education Product liability cases , Unfair trade practices...

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

IRDA (Protection of Policy Holders’ Interest Regulations 2002) · The Opposite insurance company , on receipt of the legally appointed surveyor’s report, if found the report incomplete, was required to intimate the same to the legally appointed surveyor within 15 days with request to furnish additional report on the basic issues · If he fails to do so,then there can be question of second servayor...

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