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Proximate nexus between the accident and the body injury is must for accident claim in insurance matters

On the question of liability of Insurance company on merits of the case, it is held that “proximate causal relationship between the accident and the body injury is a necessity as per the definition of Accident Death due to sun stroke during election duty will not come under the scope of the clause "death only resulting solely and directly from accident caused by external violent and any other visible means...

'Unauthorised use of Electricity' defined by Supreme Court

Delegated legislation should not travel beyond the purview of the parent Act. If it does, it is ultra vires and cannot be given any effect -Rules or regulation cannot be made to supplant the provisions of the enabling Act but to supplement it. 3. Regulation 153(15) of the Code 2014 to be invalid being inconsistent with the provision of Section 126 of Electricity Act 2003....

Comparative Advertisement and Trade mark Law

Guiding principles set by SC through various judgments in a comparative advertisement (!)An advertisement is commercial speech and is protected by Article 19(1) (a) of the Constitution. (ii) An advertisement must not be false, misleading, unfair or deceptive. (iii) There would be some grey representations of fact but can be permitted only to this extent as glorifying one’s product & protection of Article 19(1)(a) of the Constitution is available. However, if an advertisement extends beyond the grey areas and becomes a false, misleading, unfair or deceptive advertisement, it would certainly not have the benefit of any protection....

E- Commerce Problems and Law

Available law for E-commerce · Indian Technology act 2000 recognizes online purchases. Section 10A of the Information Technology Act, 2000 ("IT Act") provides validity to e-contracts The Supreme Court in Trimex International FZE Ltd. Dubai v. Vedanta Aluminum Ltd. has held that e-mails exchanges between parties regarding mutual obligations constitute a contract · Reserve Bank Of India by issuing various circulars regarding online banking and money transfer activities have made consumers capable of securing the online space · Consumer Protection Act with new guidelines for E-Commerce entities...

Policy Renewal conditions cannot be changed without informing the insured ;SC

"These regulations only underline expressly what was implicit, i.e., the insurer's obligation to inform every policy holder, about any important changes that would affect her or his choice of product....

All deaths due to Covid crisis and shortage of oxygen are not Medical Negligence says SC 8th Sep 2021

Supreme Court had held on its June 30th verdict that the National Disaster Management Authority has a statutory obligation to frame guidelines for recommending minimum ex-gratia assistance for the victims of COVID pandemic. While saying that it cannot direct the Union Government to pay a particular amount as compensation, the Court had directed the National Authority to frame guidelines within 6 weeks on providing ex-gratia assistance to COVID victims....

Unauthorised transfer of Funds by Bank with forged signatures

Bank is responsible to safeguard the accounts of account holders from any cyber crime and take action if some fraud is suspected · State Commission Ordered for –Refund with 9%interest ,Rs 200000/-Compensation Rs 20000/-litigation charges · NC Confirms State Commission Order...

ELECTRICITY MATTERS-BACKGROUND & LAW

FAVOURABLE PROVISIONS ü Sec 175 of Electricity Act and section 3 of CP Act - both these acts are additional remedy and not in derogation to other laws. ü Sec-173,174 &175 of the act have overriding effect qua provisions of any other law except that of the provisions of CP Act 1986,The Automic Energy Act1962 And Railways Act 1989 ü Sec 42(8) this provision of the the Electricity Act provides that the remedies provided under these provisions are without prejudice to the rights of consumers which they may have apart from these provisions ü Sec 145 bars the jurisdiction of civil courts and other authority but not the Consumer forums constituted under quasi judicial system...

Important Judgments of the Year 2022 PART-111

Once complainant paid the full sale consideration for a new car, the duty was cast upon the dealer to supply the new car which was booked and if not done so, it would tantamount to dishonesty and unfair trade practice...

Important Judgments of the Year 2022 PART-11

Corporate Insolvency Resolution Process (CIRP) proceedings against a builder can be withdrawn if parties settle the issue (SC)...

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