Laws laid down by supreme court

 

What is plea bargaining under our law

The goal of Indian lawmakers behind the amendment was to minimize the delay in disposal of criminal cases and empty overcrowded prisons. All parties have to reach a mutually satisfactory disposition together. Here, the court has to ensure that the entire process takes place voluntarily. There are no negotiations on the sentence of the defendant. The compensation for the victim is fixed by the parties. Once a disposition is reached, the court hears the parties for finalising the sentence....

Law on Revisional Jurisdiction of Consumer Commissions

“An appeal is a continuation of proceedings wherein the entire proceedings are again left open for consideration by the appellant authority .But in the case of revision ,it has no power to reassess or reappreciate the evidence unless the statute expressly provides ” The same version is repeated by Calcutta high court in the matter of Ajay Bhandra V State Consumer Dispute Redressed Commission ,West Bengal reported at 2002CTJ 505 CP And also by the Bombay High Court in the matter of R B Upadhyaya V State Commission for Consumer Dispute Mumbai which has made two things clear Firstly a final order passed under this act is revisable under section 17 and also appealable under section 15 of the act . Secondly there is a clear distinction between the revisional power and appellant power as already discussed above....

DELAY IN CLAIM INTIMATION/SUBMISSION OF DOCUMENTS

IRDA Circular on delay in intimation...

Punjab & Haryana HC Stays Circular Issued by RERA providing blanket extension to all projects in the name of Covid -19

Allegations put forth by the petitioner were- · Those projects whose registration has expired long back had been extended by six months. Due to this, several small-time home buyers were suffering as the builders had stopped work. · Power to issue circulars/ notifications of this nature vests in the State Government and not in the adjudicatory bodies. At best, RERA could have entertained an application under Section 84 or 85 of the RERA, 2016. However, no such application was moved in the instant case. The bench of Justice Rajan Gupta and Justice Karamjit Singh was "surprised" that the RERA had provided blanket extension to all projects, including those that had expired long back...

SC ;There is an urgent need to review regulatory mechanism pertaining to the legal profession

what is permissible for this Court by virtue of statutory appellate power under Section 38 of the Advocates Act is also permissible to a High Court under Article 226 of the Constitution in appropriate cases on failure of the Bar Council to take action after its attention is invited to the misconduct....

Article-142 as a medium to deliver ‘Complete Justice’

142. Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc.- (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe. (2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.”...

Working together is not encroaching upon others teritory –Union Mininster Kiran Rijiju speaks on judiciary’s independence

We know we have a responsibility in the Government of India to ensure that the judiciary is not only given full support but also give space for the judiciary to become robust. To make our democracy successful, a robust judiciary is of utmost importance", he added....

Builder to pay additional taxes to Corporation on behalf of Home buyers

In its decisions in Wing Commander Arifur Rahman Khan & Others v. DLF Southern Homes Private Limited & Others9 and Pioneer Urban Land Infrastructure Limited v. Govindan Raghavan1 this Court has held that the failure to obtain an occupancy certificate or abide by contractual obligations amounts to a deficiency in service.”...

WHERE CAN CONSUMER FILE COMPLAINT ABOUT ELECTRICITY

Hon’ble Supreme court settled with a landmark judgement in the matter of U.P. Power Corporation Ltd.& others V/s Anis Ahmad & others 2013 along with eight more cases of similar nature in Electricity matters The issues before the court were as to- · Whether complaints filed by the consumers against Electricity Boards are maintainable before the consumer courts constituted under Consumer Protection Act · Whether the consumer forums have the jurisdiction to entertain a complaint filed by a consumer or a person against assessment made for unauthorized use of electricity under section 126 of the Electricity act 2003 or action taken by billing with penal rates under sec. 135 to 140 of the Electricity act 2003....

WHAT IS NON-DISCLOSURE OF MATERIAL FACT IN INSURANCE MATTERS

The term Non-disclosure of material fact has not been defined in Insrance Act Insurance companies were rejecting the claims of the consumers on the plea of Pre Existing –disease every now and then Supreme court have made drastic judgement on the consumer issues which certainly make law. Insurance companies were rejecting the claims of the consumers on the plea of Pre Existing –disease in almost every case which means claimant had not disclosed the ailment he was having at the time of filling up the prescribed form. Defining Pre-existing disease in insurance matter in the matter of Asha Rani Goyal v Life Insurance Corporation .in the year 2000, three criteria were set up for coming to the conclusion that the claimant had disease pre-existing...

THE BOMBAY HIGH COURT HAS UPHELD THE CONSTITUTIONAL VALIDITY OF THE REAL ESTATE LAW 2016

Estate (regulation and Development) Act. A bench of Justice Naresh Patil and Justice RG Ketkar passed the judgment after hearing all parties in the matter and upheld the provisions of the new Act that came into effect on May 1, 2017. In September this year, (2018) after several petitions challenging RERA were filed in high courts across the country, the Supreme Court stayed the proceedings in other courts and suggested that the Bombay High Court hear its RERA cases first. Builders’ Contention- Builders had challenged Sections 3 to 19 of the Act. Regarding regulating the transactions of ongoing projects and compelling promoters to get the project registered under RERA from the date of notification....

The blood donor guidelines by central Government under challenge (5 March 2021)

A writ petition has been filed before the Hon’ble Supreme Court objecting to the blood donor guidelines issued by the central Government imposing a blanket ban on Transgender persons, female sex workers, etc. from donating blood. Bench issued notice on the petition after hearing Advocate Jayna Kothari who had asked for grant an interim relief which was refused by a bench headed by CJI SA Bobde stating that the court is not an expert in scientific issues . However court issued notice to the center for reply ....

"practical experience at the bar be made mandatory for Judicial service exams

"The inexperience at the Bar is one of the primary and major reasons for delays in the disposal of cases in the sub-ordinate Judiciary. Trained and experienced judicial officers can comprehend and dispose of matters at a much faster pace, thereby leading to efficient administration of justice...

Students can have option to go with previous marks after improvement result S.C Held

ukriti Gupta & others Case had come up before the Supreme court in year 2021 in which number of class 12 students had filed petition to permit the class 12 students to opt for retaining marks of their previous exams in case they get less marks in improvement exams.Supreme court vide their order in this case had directed CBSC to re think on the issue and consider request of the students...

Summery-Ten important Judgments-2021

Year 2019 was a table - turning year when Consumer Protection Act 1986 was repealed and was replaced by the Act 2019. It was further a new chapter opened when it came into force in July 2020. Consequently year 2021 was full of queries ,debates and implementation problems arising out of new situations that emerged from repeal of old consumer protection act. Supreme Court has tried to solve all the matters which came before it for adjudication. It also took cognigence of some vital issues which were affecting the consumer rights in some or the other way and in spite of having such good law in their favour, they were sufferer at the end. Certain cases decided by the Hon’ble Supreme Court in the year 2021 are bench-mark judgments which will ever be remembered history making law...

Summery -Ten Judgments -2021 PART-11

Whether there was any unfair trade practices followed by Dealer ,service centre and Manufacturer SC Held; as the facts on record show that the car was used by complainant in the original case for more than 10 years, where after it suffered an accident. There is not an iota of material that the accident occurred as a result of any manufacturing defect. If there be any deficiency in service by the dealer or the authorized centre in rendering assistance for repairs of the vehicle, the manufacturer of the vehicle cannot be held liable....

Summery ;Ten Landmark Judgments -2021 PART-1

Year 2019 was a table - turning year when Consumer Protection Act 1986 was repealed and was replaced by the Act 2019. It was further a new chapter opened when it came into force in July 2020. Consequently year 2021 was full of queries ,debates and implementation problems arising out of new situations that emerged from repeal of old consumer protection act. Supreme Court has tried to solve all the matters which came before it for adjudication. It also took cognigence of some vital issues which were affecting the consumer rights in some or the other way and in spite of having such good law in their favour, they were sufferer at the end. Certain cases decided by the Hon’ble Supreme Court in the year 2021 are bench-mark judgments which will ever be remembered history making law...

Manufacturer cannot shirk from responsibility if duplicate and fake products are sold in their nam

Hindustan Coca- Cola beverages Pvt. Ltd. And Purushottam Gour &others was decided by the Honorable National Commission on 21.3.2014 in favour of complainant It involved a serious question in the interest of public at large and it was observed – “if such reputed companies intentionally or unintentionally do not help to catch the culprits ,such hazardious products will continue selling in the market causing damage to the health of consumers. Who shall be then responsible for this act .Marely paying damages does not stop the practice unless serious investigation is made on the issue .”...

Health care services

What is health insurance? Health Insurance offers complete coverage against any health contingencies that include in-patient care, pre & post hospitalization expenses, domiciliary hospitalization, critical illness cover, and many more....

-Pecuniary Jurisdiction of Consumer Commissions now shall be considered on the basis of actual loss, i.e. value of the goods or services paid as consideration

Earlier principal of including compensation and other charges for calculating and deciding jurisdiction is no more in operation after new Act 2019 came into force. Parliament was conscious about the fact that consumers were raising their compensation amount at their choice in order to go to the higher commission It lead to difficulty before the commissions at the stage of admitting the cases...

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