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is ripe now on the issue as to whether sitting judges should apply for the posts in tribunals or not .The issue is taking momentum for the reasons –firstly sitting judges may try to influence the selection process and secondly if their tenure is yet to be over, they make the department wait for their retirement.Justice R S Sodhi ,former Delhi High court judge feels judges applying while still in service denigrate the judicial system.Sharply criticizing this phenomenon Justice Sodhi said ‘this is the crisis of morality within the judiciary .Its so deep that we have a situation where judges are vying with each other for a post after retirement .Ideally,in my view a sitting judge should never apply ‘What kind of judicial independence we are talking about if judges start applying like this with the government”said justice Sodhi...

The court held in clear terms that charging price for mineral water in excess of the MRP printed on the packaging ,in the provision of service to the customers does not violate any of the provisions of the standards of weights and measurement act as it does not constitutes a sale or transfer of the commodity to them .Billing by hotelier/restaurant for service and goods is one and indivisible.It is further elaborated that a customer when enters a hotel or restaurant ,it is not simply to make a purchase of these commodities .His direct purpose of going therein is more than this-it is to enjoy its ambience ,hence held NO for courts to interdict the sale of bottled mineral water....

In Union of India and Another v. British India Corporation Ltd. and Others, (2003) 9 SCC 50, while dealing with an aspect of limitation for an application for refund prescribed in Business Profits Tax Act, 1947, this Court held that the question of limitation was a mandate to the forum irrespective of the fact whether it was raised or not, the forum must consider and apply it. 10. In Haryana Urban Development Authority v. B.K. Sood,Act, 1986 (2006) 1 SCC 164, this Court while dealing with the same provision viz., Section 24A of the held: Section 24-A of the Consumer Protection Act, 1986 (referred to as the Act hereafter) expressly casts a duty on the Commission admitting a complaint, to dismiss a complaint unless the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that the complainant had sufficient cause for not filing the complaint within the period of two years from the date on which the cause of action had arisen....

Maharashtra State Consumer Dispute Redressed Commission has shown insurance firms their place, directing that it is the doctor and not the insurer who can decide whether a case requires emergency medical attention or not. It is further stated that “insurance company’s officers are not experts who can decide whether a particular case is of medical emergency or not.” “it is the doctors who decide what treatment is required to be given. Once the insured has paid the agreed amount of premium, insurance company is bound to meet the expenses”held in Shamim Khan V New India insurance company, Maharashtra State Consumer Dispute Redressed Commission,2000....

Running through the twin Acts, namely, the Registration Act and the Stamp Act, the main function of both the acts relates to collection of the state revenue and no element of services for taking consideration is involved attracting the provisions of Consumer Protection Act. The person who presents a document for registration and pays the stamp duty on it or the registration fee, does not become a consumer nor do the officers appointed to implement the provisions of the two Acts render any service within the meaning of Consumer Protection Act....

the Hon’ble Supreme Court had discussed on the issue of responsibility of dealer and manufacturer in such matters .As per this judgement, relationship between the dealer and manufacturer is of principal to principal basis and not of principal-agent,hence every one is responsible for his own act...

Supreme court also observed in the case of D.K Basu V State of West Bengal in 1997 that grant of compensation in proceedings under Article32 or 226for established violation of the fundamental rights under Article 21 of the constitution is an exercise of the courts under public law jurisdiction for penalizing the wrongdoer and fixing a liability for the public wrong on State which failed in the discharge of its public duty to protct the fundamental rights of the citizen....

“when pleadings of both the parties were made available before the Commission, only then the Commission should have formed an opinion as to the nature and scope of enquiry, i.e., whether the facts which arose for decision on the basis of the pleadings of the parties required a detailed and complicated investigation of facts which was incapable of being undertaken in a summary and speedy manner, then only the Commission should have justifiably formed an opinion on the need of relegating the complaint to a civil court’...

‘an educational institute can only charge prescribed fee for one semester/year if any institute feels that any particular student may leave in midstream[and the seat would lie vacant for the remaining years ] then at the highest it may require that student to give a bond /bank guarantee that the balance fees for the whole year shall be recovered from him even if the student left in the midstream”...

“the owner re-possessing the vehicle delivered to the hirer under the hire purchase agreement will not amount to theft as the vital element of 'dishonest intention' is lacking. The element of 'dishonest intention' is an essential element to constitute the offence of theft."Dishonestly"—is Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing "dishonestly"....

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