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AIBE compulsary to clear for enrolment as an advocate

SC while dealing with this case directed BCI to consider some balancing view and honouring the direction BCI held a meeting on 8th July and passed a resolution that difficulty of such candidates who are apprehensive of loosing their job even before appearing in AIBE due to the requirement of resignation from current job can be well understood . BCI decided to grant 6 months window to law graduates to quit their jobs after declaration of result of All India Bar Examination for enrolment as an advocate...

Insurance company when refuses to indemnify negligent doctor

In the present case, insured doctor sent the communication on 17.1.2008 in writing only after the award has been passed against him. No claim, summons or notice was sent to the company neither it was a party to the proceedings which is a clear violation of the terms .By doing so, insured have deprived the company of his right to watch the proceedings in CF case No 39/99 or to know the manner case has been defended by the doctor. Not only this, insured doctor did not file any appeal against the order passed by the forum .It was other OP in the same matter who filed an appeal No 233/A/2005 before the State Commission and succeeded. After an appeal is filed no information about the award was given to the Insurance Company. Further, when execution was filed by the complainant Narayan Chandra, Saha for realizing the awarded amount, insurance company was still kept in dark .Under the above circumstances, insurance is in no way deficient in services if they repudiate the claim at this stage....

Locker safe under Bank custody-Know the Rules and law

We have a recent case in hands decided by NC in 2020 namely Mamta Chauhan v branch manager state bank of india wherein locker holder could not prove any thing about the contents in the locker except a standard affidavit which was not found sufficient to fix the liability of bank...

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

In a case where the requirement to serve notice before repossession is implicit in the hire purchase agreement, non service of proper notice would tantamount to deficiency of service for breach of the hire purchase agreement giving rise to a claim in damages. The Complainant consumer would be entitled to compensatory damages, based on an assessment of the loss caused to the complainant by reason of the omission to give notice. 4. Where there is no evidence of any loss to the hirer by reason of omission to give notice, nominal damages may be awarded....

Jurisdiction of High court to hear appeal against National Commission Order Under Article 227

Hon'ble Supreme Court in Surya Devi Rai vs. Ram Chander Rai laid down the following differences: • The writ of certiorari is an exercise of its original jurisdiction (Article 226) by the High Court; exercise of supervisory jurisdiction (Article 227) is not an original jurisdiction and in this regard, it is akin to appellate revisional or corrective jurisdiction. • The jurisdiction under Article 226 of the Constitution is capable of being exercised on a prayer made by or on behalf of the party aggrieved but the power conferred under Article 227 viz the supervisory jurisdiction is capable of being exercised suo moto as well • In a writ of certiorari, the record of the proceedings having been certified and sent up by the inferior court or tribunal to the High Court, the High Court if inclined to exercise its jurisdiction, may simply annul or quash the proceedings and then do no more (Art 226). • In exercise of supervisory jurisdiction (Art 227) the High Court may not only quash or set aside the impugned proceedings, judgment or order but it may also make such directions as the facts and circumstances of the case may warrant, may be by way of guiding the inferior court or tribunal as to the manner in which it would now proceed further or afresh as commended to or guided by the High Court....

The following changes introduced by the 2019 amendment with respect to insurance and claims will come into effect from April 2022

Hit and Run Scheme The compensation payable for victims in 'hit and run' out of the scheme fund under Section 161 has been enhanced to Rs. 2 lakhs in case of death, and Rs. 50,000/- in case of bodily injury, from Rs.25,000/- and Rs.12,500/- respectively. Also read - Hit-And-Run Cases : Provisions Giving Increased Compensation To Come Into Effect From April 1, 2022...

SELLING PRICE OF PACKED WATER BOTTLE IN RESTAURANTS /HOTELS

SELLING PRICE OF PACKED WATER BOTTLE IN RESTAURANTS /HOTELS It often happens that while placing order for consumable food,service boy asks you if you want aqua water or mineral water. Mineral water for them means sealed bottled water. Service boy brings you refrigerated cooled bottle with tumbler for pouring it though do not open for you. Customer often says –how can you charge more than MRP. Now what is the law on this point is the question...

Glaring changes in Consumer Protection Act 2019 PART-111 Legal Changes

Glaring changes in Consumer Protection Act 2019 PART-111 Legal Changes...

Glaring changes in Consumer Protection Act 2019 Part-11 Procedural Changes

Glaring changes in Consumer Protection Act 2019 Part-11 Procedural Changes...

Glaring changes in Consumer Protection Act 2019 (Part-1) Structural Changes

Glaring changes in Consumer Protection Act 2019 (Part-1) Structural Changes...

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