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This issue was in clear terms settled in the year 2003 also in Rikhi Ram & Anr. Vs. Sukhrania & Ors. - (2003) 3 SCC 97, wherein the Supreme Court while interpreting the provisions of Section 157 held that although with the transfer of vehicle the Insurance Company remains liable towards third party claims but the transferee cannot get any personal benefit under the policy unless there is a compliance of the provisions of the Act. It was further held that the Insurance Company would remain liable to third parties, but it would be open to the Insurance Company to recover the said amount either from the insured or from the transferee of the vehicle. It was observed:...

सर्वोच्च न्यायालय ने अपने एक महत्वपूर्ण निर्णय के माध्यम से सभी संस्थानो को निर्देश दिए 1. शिक्षा संस्थान पूरे सत्र की फीस एक साथ नहीं ले सकते,एक सत्र या एक वर्ष कि फीस एक साथ ली जा सकती है। 2. छात्र के संस्थान छोडने के वाजिब कारन पर अनुपातिक फीस काट कर शेष लौटायी जाये. 3. मूल प्रमाणपत्र संसथान नहीं रोक सकता. साथ ही शिक्षण संस्थानो कि वर्त्तमान स्थिति पर अपना मत भी व्यक्त किया-- “यह सत्य है कि शिक्षा आज भी एक उत्कृष्ट कर्म है किन्तु इसके व्यवसायीकरण हो जाने में भी कोई कसार बाकी नहीं बची। न तो यह समाज सेवा है, न ही स्वार्थरहित, लाभरहित कर्म। जिस विश वास की बात कभी किसी जमाने में शिक्षक छात्र के बीच होती थी, वह भी अब कही दिखाई नहीं देती। शिक्षा भी अब एक दुकानदारी है।” “चाहे छात्र संस्थान का ही अंग हो ,उसकी स्कूल या कॉलेज के प्रशासन में कोई भागीदारी नहीं होती। उसे उन नियमो का पालन करना होता है जो प्रशासन उनके लिए बनाता है। स्पष्ट है कि एक सेवा लेता है और दूसरा सेवा देता है जिसके लिए बाकायदा फीस दी जाती है।“...

After the pronouncement of the above said judgement, Govt. of India was given directions to act upon the observations and guidelines given by the Spreme Court. UGC also took immediate action by framing Regulations under section 26(1)(g) of the University Grant Commission Act They are called “UGC Regulations on curbing the menace of ragging in Higher Educational Institutions, 2009”.These regulations were circulated to the various Universities /Institutions for implementing by them. Regulations issued by the UGC had some important features meant for the institutes to follow as hereunder: 1. Every institute shall constitute a committee to be known as Anti-Ragging committee headed by the head of the institute and consisting of representatives of civil and police administration. 2. Institute shall also constitute smaller body called Anti –Ragging Squad for maintaining vigil, oversight and patrolling functions.It may make surprise raids on hostels and other places vulnerable to ragging activities 3. A mentoring Cell consisting of students shall also be constituted at the end of every academic year for promoting the objectives of the Regulatons . 4. Professional counselor is referred for counseling the fresher’s for preparing them for life ahead....

It has been observed by the Supreme Court in all these cases that the Courts have to consider that the Consumer Protection Act, 1986 confers additional jurisdiction upon Consumer Forums and not their exclusion. Seeds Act is totally silent on the issue of payment of compensation for the loss of crop on account of use of defective seeds supplied by the appellant and others who may obtain certificate under Section 9 of the Seeds Act. A farmer who may suffer loss of crop due to defective seeds can approach the Seed Inspector and make a request for prosecution of the person from whom he purchased the seeds....

The order by the Honourable Supreme court in Bihar Examination Board case does not change the law already laid down in respect of educational institutes or against statutary bodies like University etc.for their statutary functions .The need is to carefully examine the fact of the case and draw a demarcation line between the administrative functions by the institute and the statutary functions by the university...

IMPORTANCE OF SURVEYOR REPORT IN INSURANCE MATTERS...

Seeking a declaration by the court that the MRP was not applicable to beverages sold in star hotels, the Taj Kerala Hotels and Resorts Ltd filed a petition in the high court which also challenged MRP restrictions under the Standards and Weights and Measures Act of 1976 (SWM Act), Standards and Weights and Measures (Enforcement) Act of 1985, and Standards of Weights and Measures (Packaged Commodities) Rules of 1977. he hotel group submitted that laws regarding MRP were not applicable to the hotel industry. Counsel E K Nandakumar contended that the hotels were not selling just a product, but an experience, which also included the luxurious ambience. Senior counsel T Sanjay appearing for the Central government opposed the argument and submitted that rules on MRP were applicable to all those selling commodities, from street vendor to star hotels....

Insurance company cannot appoint surveyors one after another without noting any reasons and without the cosent and knowledge of the insured. 2. Though it is true surveyor's report is not the last word but then there must be legitimate reasons for departing from such report. It is only the natural person who can claim damages for mental harassment and not the corporate entity....

When the insurance company must consider Sub Standard Claim to the insured if cannot allow total claim, is a question time and again coming before the consumer courts .Consumers are often confused when in some cases it is total denial of the claim for the reason deviating from the terms and conditions of the policy whereas in similar default in other case, sub-standard claim is approved. For clarity on the subject ,we need to look into the criterion set by the apex court and apex commission through their various judgements pronounced from time to time...

National Commision in the case of Purusharath Builders Pvt Ltd V Uppal Housing Ltd & others 111[2012]CPJ 500[ NC]and was held that second complaint is not mainatainable .In this case, party had withdrawn the first complaint on the ground that previous counsel was not competent.The commission held that if there was any defect in the complaint, amendment application should have been moved or permission could have been sought or application could have been moved for liberty to file a fresh complaint on the same facts against the same party....

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