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Ten Significant Legal Cases of 2023-Part 1

Principal laid down for interpretation of law - A distinction between “accidental means” and “accidental result”. (a) a fatal heart attack while dancing would be called “accidental” but would fail to attract insurance cover as not due to “accidental means. (b) Heart attack suffered as a result of over-exertion on being chased by a ferocious dog the death might attract the insurance cover as it was caused by “accidental means”. Case 3...

Challenge to Rule 6(1) of the Rules of 2020: Consumer Protection Act 2019 (The Appointment Procedure of Members/Presidents)

Further, the entire process cannot be invalidate if there is no wrong done in the cases where procedure laid down in the Act by parliament is followed by selection committee. Once law is in the books and it is followed ,it is very much valid ,may be irregularity found in view of natural justice .Remedy for it is to direct the Got to amend it but not invalidate the process which has been followed as per prevailing law...

Historic Judgment by five Judges Constitution Bench: Removing Article 370 from the constitution.

"Army is meant to fight battles with enemies of the State and not really to control the law and order situation within the State. But then, these were peculiar times. The entry of the Army created its own ground realities and in their endeavour to preserve the integrity of the State and the nation against foreign incursions, the men, women and the children of the State paid a heavy price," Justice Kaul said....

Home buyers can have all option to get relief

DLF Homes Panchkula Pvt Ltd v. DS Dhanda and in modification of the direction issued by the Commission, we direct that the interest on the refund shall be payable from the dates of deposit. At the same time, we are of the opinion that the interest of 9 per cent granted by the Commission is fair and just and we find no reason to interfere in the appeal filed by the Consumer for enhancement of interest....

Flipkart not liable as intermediary for any inaction by a vendor/seller

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Medical professionals need to follow Ethical

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Ethical values of Professionals collapse miserably

This case in which patient was admitted in the hospital with IMSC for phacoemulsification was justified for hospitalization But since policy of the claimant is in the first year ,so according to the terms and conditions of medi-claim policy, this comes under exclusion clause ,so case should be closed as no claim. All other papers in the file are in order and are of diagnosed disease....

Did you know that your health information is confidential?

An interesting case was decided by the National Consumer Forum in February this year. Life Insurance Corporation of India (LIC) had rejected a claim requested by the kin of PR Sumanagala post his death, on the basis of his medical records and a medical attendant’s certificate....

Complaint To Be Filed Before CCPA (Draft Letter)

Keeping in view the above circumstances, we urge your good office to direct Indian Medical Association to conduct a survey and set some guidelines for training method for interns keeping away patients from the scene....

Comparative Advertisement and Trade mark Law

An advertisement must not be false, misleading, unfair or deceptive....

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