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Banks using force to recover loan –Supreme Court verdicts on the issue.

Whether the transaction between a Financier and a purchaser/hirer is a hire purchase transaction, or a loan transaction, might be determined from the terms of the agreement, considered in the light of surrounding circumstances. However, even a loan transaction, secured by right of seizure of a financed vehicle, it confers licence to the Financier to seize the vehicle....

The blood donor guidelines by central Government under challenge (5 March 2021)

"blood donor guidelines need to be based on an individualized system for all donors based on and not perceived risk and not based on identities. The present impugned Guidelines are stigmatizing as they are not based on how HIV transmission actually works, nor are they based on the actual risks involved in specific activities but are based only on the identities of donors such as, whether they are transgender, gay or bisexual men or female sex workers." Now ball is in the court of central Government to take stand-whether to defend their stand or to change it . It appears it is going to be an issue of fundamental right and may call for a debate on the issue ....

Reasoned judgments must be passed with the operative order while pronouncing order in the Court.

In State of Punjab & Ors. Vs. Jagdev Singh Talwandi 1984(1) SCC 596 in para 30, the Constitution Bench of Supreme Court in 1983, drew the attention of the Courts/Tribunal of the serious difficulties caused on account of a practice by the adjudicating authorities including High Courts/Commissions, that of pronouncing the final operative part of the orders without supporting reasons. 2. This was later again discussed by this Court in Anil Rai Vs. State of Bihar 2001(7) SCC 318. “Undisputedly, the rights of the aggrieved parties are being prejudiced if the reasons are not available to them to avail of the legal remedy of approaching the Court where the reasons can be scrutinized. It indeed amounts to defeating the rights of the party aggrieved to challenge the impugned judgment on merits and even the succeeding party is unable to obtain the fruits of success of the litigation.”...

Written statement to be filed within 45 days ,its mandatory

In the said case, ultimately, this Court came to the conclusion that provision contained in Section 13(2)(a) of the Act is procedural in nature. According to the said judgment, the object behind enactment of the Act is speedy disposal of cases pending before the District Forum and therefore, it has been provided that reply should be filed within 30 days and the extension of time may not exceed 15 days. It has been further observed that no penal consequences have been provided in the case of extension of time beyond 15 days and therefore, the said provision with regard to extension of time beyond a particular limit is directory in nature and that would not mean that extension of time cannot exceed 15 days....

Whether the terms of the Apartment Buyer's Agreement were one-sided, and the Apartment Buyers would not be bound by the same;

Section 18 of the RERA Act specifies that the remedies are ―without prejudice to any other remedy available‖. We place reliance on this judgment, in M/s Imperia Structures Ltd. v. Anil Patni and Anr, wherein it has been held that Proviso to Section 71(1) of the RERA Act entitles a complainant who had initiated proceedings under the CP Act before the RERA Act came into force, to withdraw the proceedings under the CP Act with the permission of the Forum or Commission and file an appropriate application before the adjudicating officer under the RERA Act. The proviso thus gives a right or an option to the complainant concerned but does not statutorily force him to withdraw such complaint nor do the provisions of the RERA Act create any mechanism for transfer of such pending proceedings to authorities under the RERA Act...

(Ex-gratia to Covid victims)Govt Guidelines

Justice Shah suggests to include suicides where COVID was an accompanying condition. And the family members of people committing suicide within 30 days from being diagnosed as COVID-19 positive. ("What about the persons who committed suicide while they were suffering from Corona?", "You have to re-consider this", Justice Shah had told the SG.)...

Advocates cannot be compelled to disclose information before court (Attorney-Client Privillage)

Section 126 ;Professional confidentiality · Any communications exchanged with the client should not be disclosed or shared during the course of professional engagement · Not to disclose about the contents or conditions of documents in possession of the legal representative during the course of the professional engagement....

What is Complete Justice theory in our Constitution?

“142. Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc.- (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe. (2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.”...

Supreme Court ordered Railways to pay Compensation for late arrival

"The railways were required to lead the evidence and explain the late arrival of train to establish and prove that delay occurred because of the reasons beyond their control. At least the railways were required to explain the delay which the railways failed. It cannot be disputed that every passenger's time is precious and they might have booked the tickets for further journey, like in the present case from Jammu to Srinagar and thereafter further journey."...

Insurance companies supporting doctors in negligence cases; How fair it is

.Insurance companies will be an agency who will tell about the validity of insurance made and its other relevant espects.i.e admissibility, period of the policy made etc.Any other objections if company has in respect of the policy can also be decided here itself. This view of National commission was further confirmed by Honourable Supreme Court and now, may it be known to consumers that insurance companies if made party to the case with defendants, it is no more a matter to worry for them as both have to play their own roles and interest of consumer shall be taken care by the consumer protection agencies i.e. Commission for getting them justice....

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