Articles

 

Certain Highlights of three Criminal Bills

Definition of proof includes locational evidence -Smartphone, laptop, messages, website, and locational evidence included in the definition of proof...

CCPA has jurisdiction to initiate proceeding suo moto against enterprise

CCPA holds power under Section 18 of the Consumer Protection Act, 2019 and Authority can exercise its power suo moto and to protect the consumers’ interest it can pass any suitable order. It cannot be said that it was without jurisdiction....

CCPA; Objectives and Complaint handling procedure

In case of complaint filed by State, Central Government, Consumer Welfare Organization against anyone indulging into unfair trade practice causing infringement of consumer rights at large, such association/authority will have to produce some documentary proof for the same and authority can send the complaint with documents to the concerned regulatory body for investigation...

CCPA dealing unfair trade practices with heavy hand (Shark Tanks of the big business Houses under vigil)

The first advisory was issued on January 20, 2021, calling industry stakeholders to cease making misleading claims that take advantage of the COVID-19 pandemic situation and are not supported by any competent and reliable scientific evidence...

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

Key Notes on Hire Purchase transactions 1. Under a Hire Purchase Agreement Goods are let out on hire, with an option to purchase, in accordance with the terms and conditions of the Hire Purchase Agreement. The hirer simply pays for the use of the goods and for the option to purchase them. 2 Until the option to purchase is exercised by the hirer, upon payment of all amounts agreed upon between the hirer and the Financier, the financier continues to be owner of the goods 3 When the agreement between the Financier and the hirer permits the Financier to take possession of a vehicle financed by the Financier and possession of the vehicle is taken, the Financier cannot be said to have committed theft...

Kuwait Airways found liable for delay in delivery of goods

Liability of the Partners · For the tort committed by a partner of a firm, in the normal course of business of that partnership, other partners are responsible to the same extent as that of the partner who is in fault. The liability thus arising will be joint and several. · General terms of partnership deed make both liable...

SC invalidates selection procedure of Consumer Commissions Members/Presidents

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Bombay High court struck down Rue 6(1) of Rule 2020 of Consumer Protection Act 2019 (Consequences of the order)

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Medical Practitioner bound to provide treatment information to Patient. But Privacy of patient’s health must be maintained and should not be disclosed to unauthorised persons

Keeping in mind the various judgments pronounced on mediclaim cases by the Apex court, we can surely say that insurance companies as well as doctors need to respond as to why any investigation when issued certificate about the good health of insured .Either their certificate is incorrect or investigation is used as a tool for rejecting the claim. Even otherwise if we see the pattern of investigation ,it is a short cut and eye wash by just managing hospital records by the insurance companies from the doctors and often with no affidavits or any other cogent evidence....

Non-participation in a proceeding of a restitution of conjugal rights has civil consequences

The court noted Order XXI Rule 32 of the Code of Civil Procedure which deals with the execution of decree for specific performance for restitution of conjugal rights, or for an injunction....

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