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Surveyor is appointed by insurance company under the provisions of Insurance Act 1938 and the report of surveyor cannot be brushed away without any cogent reason.Estimate given by a private party like authorized service center cannot stand good against an independent assessor appointed under law. Unless there is some evidence against such report of malafide, incomplete or any other reason...

Force mejore clause not acceptable on both counts-non approval and direction to stop work. Non approval should have been forseen by builder when taking up such project . Direction to stop construction by the state was done because of accidents taking place on the site for safety negligence ,this was due to insufficient safety measures and due to builders default...

Obligations set for e commerce entities under new act – 1. Must display its legal name, address of its headquarters and all branches; website;Contact details 2. The entity must provide information relating to return, refund, exchange, warranty and guarantee, delivery and shipment, grievance redressal mechanism, ticket number for each complaint lodged to track its status and any other similar information; 3. The entity must also provide available modes of payment and their security, procedure to cancel payments, applicable fees and charges, charge back option and contact information of the relevant payment service provider...

d)What cannot be negligence · If followed all medical norms&three steps · Doctor not guarantor · Error of judgement differt from wrong diagnosis · Factors contributing slow treatment e)What is res ipsa loquitur [ A thing speaks of itself]- in case any instrument left in the body ,a wrong part removed , allopathic treatment given by a homeopathic doctor etc...

Doctor negligently operated only the right fallopian tube and had left the left fallopian tube untouched. The patient was informed that the operation was successful and was assured that she would not conceive a child in future. This negligence when results into birth of an unwanted child to a woman, was considered a case of medical negligence....

MRP not printed on books sold...

DIFFERENCE · RERA entertains commercial as well as residential ,consumer act only residential · CP Act looks after other consumer matters also IMPLEMENTATION OF ORDER Section 40 ; · Compliance from the date of order received -45 days · RERA can be contacted for execution,-can be recovered as arrears of land revenue · Non-compliance ;penalty be levied on a daily basis subject to a maximum of five percent of the estimated cost of the real estate project · Can also be imprisoned for a term up to three years or with fine, or both...

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...

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....

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...

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