Articles

 

Transfer of Rights by way of Subrogation

What is subrogation? Substitute (one person or thing) for another in respect of a debt or insurance claim and any associated rights and duties: "a guarantor may be subrogated to the rights of the creditor"...

Is Live-in Relations getting legal approval in India?

No wonder if live-in relation gets nod of law looking at the developing situations May it be status parallel to marriage or like legal contract /agreements with specified terms and conditions. Certain rights and responsibilities may be the common conditions in all such contracts. How much time it takes, how much odds society is to face in due course and how it finds its place in society is hidden in the future but it is very apparent that people are finding this concept quite friendly. Even in social gatherings, such couples are happily introducing their partners as friends and look more modern than a subject of criticism....

‘Body Corporate’ and ‘Commercial purpose’ under Consumer Protection Act-

Second question of company having commercial purpose is also not agreeable to SC IN the insurance matter. It is well settled law by now that insurance taken by an individual or by company, in both the cases it is for indemnification of loss and not for either further sale or for gain...

Complainant entitled for compensation before Consumer Commission when fault of respondent proved by Civil Court.

This is an appeal case before NC wherein National Commission upheld the order of state commission and also raised the amount of compensation when fault on the part of opposite party got proved in civil court,...

Back ground of UCC getting momentum

"The need for uniform civil code has been felt for more than a century. The country has already suffered a lot in the absence of a uniform code for all. It is rather a pity that the longest and most elaborately written constitution in the history of mankind, the Indian constitution is responsible for...

State to Pay fee to advocate

The Supreme Court has asked the State of Uttar Pradesh to ensure that the advocates representing the State Government are not forced to file petitions in Courts to recover the fees due to them...

Live -in relations regularized in Uttrakhand

It is much talked about the privacy aspect and fundamental rights of live-in couples on both the counts-for compulsory registration as well as intimation to parents of the parties. , live-in is a taboo subject in the larger Indian society, and registration will only deter the unmarried partners from cohabiting, thus violating their fundamental rights...

Why Can't Client Be 'Consumer' & Lawyer's Negligent for 'Deficiency of Service' Under Consumer Protection Act? SC asks Bar Association

Back ground of the case; Here we refer back the case decided by National commission as back as in 2007 when National Commission had held in the matter of D.K. Gandhi V M. Mathias 2007 CTJ 909 (CP)NCDRC D.K. Gandhi V Mathias 2007 CTJ 909 (CP)NCDRC that services rendered by an advocate to his client in the course of litigation is to be covered under the provisions of Consumer Protection Act. Large number of advocate bodies, bar of Indian lawyers ,Delhi High Court bar association and Bar Council of India approached the Hon’ble SC and. Supreme court bench comprising Justice L.S Panta and Justice B Sudarshan Reddy stayed the ruling of Apex consumer commission holding that lawyers rendered legal assistance and not service to the client...

Airline Issues received from Consumers

Delay in refund by the airlines in cases of cancelling the booking. Consumers have complaints for long delay in refund. The experience of customer is that booking agency plays a vital role in delay. Airline informs that refund has already been sent to agency a month back but booking agency gives unsatisfactory replies when asked. Such as –we are processing, we are checking if your refund has come or we fail to identify your PNR etc. They hold the huge amount with them for months together for their gain. Number of such cases received against booking agents during last six months. Airlines to check the functioning of their registered agencies and can develop a system wherein customer has option to get refund directly also. (Many complaints against Makemytrip)...

Law related to Revision Petition

58 (1) (b) in Consumer Protection Act 2019 “To call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity” Case Law...

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