Laws laid down by supreme court

 

Law on secondry evidence

Secondary Evidence Can Be Permitted if original Document cannot be produced (In a situation when the party Establishes Factual Foundation for the same ) Case ; Jagmail Singh & Anr. Versus Karamjit Singh & Ors. Supreme Court Of India Civil Appellate Jurisdiction Civil Appeal No. 1889 Of 2020 (Arising Out Of Special Leave Petition (C) No. 17437 Of 2017 )...

COURT ORDERS AGAINST UNFAIR TRADE PRACTICE BUT MISLEADING ADS DO NOT STOP

In most of such ads by beauty clinics for slimming and weight loss, number of judgments is passed against them day in and day out. They even do not contest the cases and ex-parte orders are passed against them it suits them as they do not find it necessary to contest their case and argue that they are not indulging into unfair trade practice-neither said no nor said yes. Hence the practice goes on...

SELLING PRICE OF PACKED WATER BOTTLE IN RESTAURANTS /HOTELS

Buying and selling packed items on the road side or in a shop differs from selling and buying sitting in a restaurant/hotel with ambiance ,service facility.Cost shall vary from MRP cost if you are under comfort zone made available to you in a restaurant /hotel /club etc....

Laws laid down by Supreme Court in Provident Fund matters

The Provident Fund commissioners under the said Act give statutory service on payment of administrative charges which are levied and recoverable by the commissioner for payment of services rendered by the commissioner and the ancilliary staff and they are required to invest the contributions to the Employees Provident Fund like any other banker or financial institution to earn interest and to credit the interest to the subscribers account at such rate as may be determined by the Central Govt. In relation with Central Board ....

LAWS LAID DOWN BY SUPREME COURT IN BANKING & FINANCING

Depositor is a consumer under Consumer Protection Act 1986 for receiving services from the service provider who keeps his acconts,calculates and sends interest ,isssues FDR etc and also uses his money for expanding his business for a specified fixed tenure....

urgent need to review regulatory mechanism pertaining to the legal profession

The Apex Court observed that there is an urgent need to review the provisions of the Advocates Act dealing with regulatory mechanism for the legal profession...

Amendments to Consumer Protection Act 1986

Amendments 1991,1993.2002 Reppeal the Act Replaced with Consumer Protection Act 2019...

Thunderous year 2018 for Consumers :Is consumer enjoying thrill at peak

ndian contract act does not say contract void or voidable if parties are not at equal bargaining powers.It even does not bar to have unreasonable clause under restraints clause 27 of the Indian contract act.In number of judgments it has been spelled out that term of contract is valid whatever unreasonable it is but it should not be illegal on face of it. For example one wants to sell his house worth one caror for fifty lacks may not be illegal clause if a man needs money for treatment of ailing beloved one at that point of time. But a contract is illegal if money given to a contracting party for murder. The above discussion goes to show that unfairness of the contract or unreasonable of contract shall be defined by the court. If authority has to spell out, it has to be interpreted the words in context of law of the land i.e Indian contract act. Unless any amendment made in contract act, consumer protection act cannot make its own law as far as contract between the parties is concerned. Intension of the act is paramount feature of the law but it can be interpreted only by the courts and not by the authorities....

TRIPARTITE AGREEMENTS IN REAL ESTATE MATTERS HOW FAR CONSUMER IS PROTECTED

There are in between situations when buyer is shocked- · When construction does not start due to any reason, (non-approvals from authorities, short of funds) builder does not pay installment of interest to bank and bank asks you to pay the installment.-you really do not know you have agreed the terms · In case bank is to pay loan to the builder as per construction based scheduling and when construction does not start, bank stops release of payments further, builder threatens to cancel the booking due to nonpayment –you might have agreed this clause too. Builder may give hundred reasons for non start of construction. You may go on writing with no response....

THE CONSTITUTIONAL VALIDITY OF THE REAL ESTATE LAW 2016

“RERA is not a law relating to only regulatory control the promoters (developers), but its objective is to develop the real estate sector, particularly the incomplete projects across the country. It is also crucial to protect the interest of flat buyers across the country,” .Justice Patil opined “The problems are enormous. It’s time to take a step forward to fulfill dreams of the Father of the Nation, Mahatma Gandhi, to wipe every tear from every eye”The authorities must also closely monitor the implementation of the Act.the bench said while the bench concurred with the state and the Union government's arguments. "We are conscious of the fact that the actual implementation of RERA needs to be closely monitored in the years to come," the bench opined. On the point of composition of the state –level Authority, HC did not interfere with but it ruled that the tribunal must be headed by a judicial officer and not a bureaucrat, or a member of the Indian legal services, and that majority of the members of such tribunal must be officers or members of the judiciary....

Railways-Law related to defeciency in services

Difference between deficiency in services & untowards incident Any shortcoming in the above services is deficiency in services Any incident not attributed to any ones negligence is untoward incident such as – · Suicide before train or falling down on track · Falling down while boarding or unboarding while trail running · Sruck with pillars while hands kept out of window in running train · Derail of train or any natural calamity 4. Defeciency in services –steps · Facts must be established –theft,defective meal,bad condition of toilets or beds etc. or any other services · Efforts by consumer to bring to notice · Prove negligence on the part of railway...

Hotel responsible for safety of car kept in their parking

Court Finally HELD; The concept of infra hospitium, a Latin term meaning “within the Hotel” has been discussed in various judgments wherein the liability of Hotel/Innkeepers/restaurant owners was laid down... While the tag had the name of the Hotel on it, the Car Owner could have reasonably inferred that his car was in the ‘duty of care’ and ‘custody’ of the Hotel. Keeping in view the submissions that the insured amount was already paid by the Insurance Company to the Car Owner and that the Hotel has paid to the Car Owner an amount of 1, 00,000 in pursuance of the order dated 12.1.2017 by this Commission, the order of the State Commission is maintained by making minor changes in the rate of interest to be paid It is pertinent to note that this court as well as in Bombay Brazzerie v. Mulchand Agarwal, I (2003) CPJ 4 (NC), and the courts maintained that complainant cannot be paid twice for the loss. He can either be paid by Insurance or by the Hotel for his actual loss. But Hotel cannot be absolved from the responsibility of paying compensation for the mental harassment one undergoes. Hence in the present case also Rs 1, 00,000/- is directed to be paid to the complainant apart from the cost of car as paid by insurance company. Similar was the order passed in...

Death by mosquito bite is an accidental death, says National Commission

Mr. Justice V.K Jain, Presiding Member after hearing the arguments from both the parties and referring to judgments decided earlier on the issue came to the conclusion that mosquito bite cannot be said to be a disease from any angle .Firstly, it was not a disease occurred within the body ,it was an external attack on the body which developed injurious and finally fatal .It was sudden and unexpected .Further it was an untoward incident .it happened unanticipated and is not planned in advance. It was also untoward event unexpectedly happened ....

DOCTORS TO MAINTAIN CONFIDENTIALITY OF PATIENT’S MEDICAL RECORD

while selling the policies, the insurance companies do not take care as to whether the intending purchaser is eligible for the policy they in fact lure them through agents and sell policies only to improve their financial top line .But when they come to settlement of claims, they engage in all sorts of exercise, suspecting bona fides and in turn approach doctors /hospital for the records during their so called investigation. It was a home loan case against SBI RIN Raksha home loan scheme Claim by wife of deceased Sheshgiri Rao rejected/denied on the ground of suppressing facts based on the ground of investigation engaged by SBI Insurance Ltd....

FINANCIAL CREDITOR CANNOT TAKE OVER HOME BELONGINGS OF HOMEBUYERS.-SUPREME COURT OF INDIA

Supreme Court in Amrapali case held that financial creditor cannot take over home belongings of homebuyers. In other words, the Supreme Court upheld the rights of home buyers ahead of the creditors....

GROUNDS FOR CHALLENGING THE ORDER OF NATIONAL COMMISSION,STATAE COMMISSION AND DISTRICT FORUM

Supreme court rejected the argument extended by the respondant and relied upon the views expressed by the apex court in its earlier orders in the matter of Secretary, Thirumurugan Cooperative Agricultural Credit Society v. M. Lalitha (Dead) Through Lrs. And Others reported in (2004) 1 SCC 305,wherein it was held that the existence of Arbitration Clause in agreement is no bar to the entertainment of the complaint by the Consumer Forum, which is an additional remedy under the Consumer Protection Act, 1986. The remedy provided under the Consumer Protection Act, 1986 is in addition to the provisions of any other law unless there is a clear bar,...

MASS DEATHS DUE TO SHORTAGE OF OXYZEN –CAN GOVT. HOSPITAL BE HELD RESPONSIBLE

On the first issue law is very clear that all infrastructure is to be provided by the hospital to the patient which includes medicines ,doctors ,nurses,beds, oxyzen and all other surgical as well as clinical equipments ,adequate serving staff. This subject was discussed in details in landmark judgment by the apex in the matter of Harjot Ahluwalia V Springmeadows 1998 Sc and was held- ‘It is a case of non- availability of oxygen cylinder either because of the hospital having failed to keep available a gas cylinder or because of the gas cylinder being found empty. Then, the hospital may be liable in civil law but the accused appellant cannot be proceeded against under Section 304A IPC on the parameters of Bolam's test’ It further states-‘cases where nurse is not trained ,case left to junior doctors without explaining case history,wrong medicine or wrong injection given causing damage to the patient ,doctors/hospital/nursing home negligent for medical treatment...

Improper care of elevator causing death to a person. It is a service under consumer protection act says NCDRC

Lift is a necessary element for a multi storey building and providing this service as facility is otherwise also an essential facility without which the building will not get completion certificate nor it would become fit for occupation for effective use. Hence element of paying consideration for lift services was met by others and a visitor was considered potential consumer....

LOSS OF LUGGAGE IN RUNNING TRAIN IN DEFICIENCY IN SERVICE SAYS NCDRC

In the case before us, suitcase had been taken away and stolen which is reasonably possible when entrance door of the coach having not been latched when the train was on the move. The intruder came when the train was on the move in the night and this has not been seriously challenged. Admittedly, the TTE has failed in the performance of his duties which lead to the incident of theft....

NCDRC JUDGMENT ON THE CALCULATION OF RATE OF INTEREST ON INVESTMENT FOUND WRONG BY POSTAL DEPARTMENT DEFICIENCY.

On the point that one individual can open only one account under rule -4,the same rule cast duty upon the department to take undertaking from the account holder that he is not maintaining any other account under the scheme There is nothing on record that such undertaking was taken. Complainant’s case is that he was never informed that second account was not permissible .Hence there is no deliberate intention to cause deceit to the respondent .Hence complainant entitled to full rate of interest under NSS Scheme.Justice K.S Choudhuri found complainant had not come with clean hands, hence set aside the order passed by State Commission Alwar which was passed in favour of complainant....

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