Laws laid down by supreme court

 

MOTOR VEHICLE ACT 1988

Section 157(2) in The Motor Vehicles Act, 1988...

LAW ON RENEWAL OF POLICY

renewal would have to be on identical terms and conditions as embodied in the original policy when it was first issued....

INSURANCE AGAINST INSURED IF PAYMENT NOT MADE/CHEQUE DISHONOURED

INSURANCE AGAINST THIRD PARTY VALID IF POLICY ISSUED...

HOTELES LIABILITY FOR THEFT FROM PARKING .

Those who visit Five Star hotels and use the car parking facilities are aware that after the car keys are given to the valet there is hardly any time for the consumer to read docket conditions written on the reverse of the docket because there would be a fleet of cars entering and exiting from the hotel. When a uniformed liveried valet with his imposing figure asks for the car keys he exudes confidence in the consumer and therefore, for the management of a Five Star Hotel to shirk the responsibility of the safety of the car parked in their premises does not augur well. The hotel is liable for the negligence of its staff....

SEED ACT AND CONSUMER PROTECTION ACT

the Seeds Act is a special legislation enacted for regulating the quality of seeds and if the respondents had any grievance about the quality of the seeds then the only remedy available to them was to either file an application under Section 10 of the Seeds Act or to approach the concerned Seed Inspectors for taking action under Section 19 read with Section 21 of that Act.”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. Further,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....

CHARGING MORE THAN MRP BY STAR HOTELS NOT ILLEGAL

The 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. 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....

JURISDICTION OF CONSUMER CURTS IN HOUSING MATTERS

the clause relating to jurisdiction of “courts” in the agreement between the parties cannot by itself over-ride the statutory right of the appellant/ complainant conferred by the above-mentioned provision of the Act – that would defeat the purpose and object of the Act. This view is also in accord with the provisions of section 28 of the Indian Contract Act, 1872 (as amended with effect from 8th January 1997...

CIVIL PROCEDURE CODE& EVIDENCE ACT NOT APPLICABLE TO THE CONSUMER FORA.

National Commission observed that the provisions of Order XIX of the CPC cannot be strictly applied to the proceedings before the consumer fora.It held that the State Commission had taken a hyper-technical view in rejecting the affidavit as it had not been prepared in accordance with the provisions of the CPC and the annexures filed along with the affidavit had not been not dealt with in detail as required under the CPC.The National Commission held that the affidavit and the documents filed by the complainant were entitled to due consideration on the basis of the intrinsic value of the documents filed....

INSURANCE COMPANY WHEN REFUSES TO INDEMNIFY NEGLIGENT DOCTOR

doctor is to comply with the terms of insurance and if not done so,insurance company is not defecient in services....

JURISDICTION OF CONSUMER FORUM TO ALLOW AMENDMENT OF COMPLAINT

the power of the District Forum is wide enough to use even to application for filing an amendment and as a matter of fact by allowing such an amendment, no prejudice has been complied of and in that view of the matter also, I do not find any impediment in entertaining an application for the amendment, even though there is no specific provision for amendment. As it has been rightly submitted by the learned Advocate for the respondent, though there is no specific provision, there is also no bar in allowing this petition and that therefore, I do not find any error in the said order passed by the District Forum....

TRANSFER OF VEHICLE POLICY WITH SALE OF VEHICLE

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LAW LAID DOWN ON MEDICLAIM- INSURANCE BY APEX COURT

“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”...

LAW ABOUT RESPONSIBILITY OF DEALER AND MANUFACTURER {LPG GAS CYLINDERS }

TIPS FOR THE CUSTOMERS 1. Before buying the gas cylinder ,one must check the authority of the person who delivers the cylinder to you ,his ID proof. 2. The important thing is to be checked is the expiry date of the container which is marked under the ring on the top of the cylinder.Cylinder used after expiry date are pron to leakage. They are the property of the dealer which at the time of re-filling at botteling plant are checked/to be checked .If any cylinder is being used after expiry ,either they are tempered ,misused for black marketing by either the dealer or his employees un –authorised manner .Customer must make a complain to the manufacturer and also to notify the dealer. 3. Always accept the cylinder during working hours of the dealers office in order to be sure of no tempering. 4. Weigh before receipt of cylinder and also make a note of the date on second copy/dealer’s of the challan 5. Do not install on your own and do not fetch cylinder ot your risk,always get it fixed by the authorized person of the dealer. 6. Get your tube and other fittings checked from time to time. 7. Never ignore gas smell and lock it before going to bed or going out. -...

TIME LIMITATION WHEN CAN BE CONDONED.

Court highlighted with reference to Section 3 of the Limitation Act that” it is for the court to determine the question as to whether the suit is barred by limitation or not irrespective of the fact that as to whether such a plea has been raised by the parties; such a jurisdictional fact need not be even pleaded.”...

LAW ON ISSUES TO BE TAKEN UP UNDER SUMMERY PROCEDURE

“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’...

WHEN CONSUMER COURT CANNOT HEAR A CASE UNDER SUMMERY PROCEDURE

The commission should address itself to the quantity of claim,the nature of claim,the nature of evidence which would be required to be submitted both in respect of claim and damages suffered and the nature of legal issues before deciding that the matter ought to be decided by the civil court in regular course.”...

HIRE PURCHASE –BANKING AND FINANCING

The hire-purchase agreement in law is an executory contract of sale and confers no right in rem on hire until the conditions for transfer of the property to him have been fulfilled. Therefore, the re-possession of goods as per the term of the agreement may not amount to any criminal offence.In that particular case , the financier took possession of the bus from the complainant with the aid of the appellants. It cannot thus be said that the appellants, in any way, had committed the offence of theft and that too, when criminal or dishonest intention could not be pin-ponted....

JURISDICTION OF THE FORUM /COMMISSION TO ENTERTAIN A COMPLAINT WHEN THERE IS AN ERROR OF NON-JOINDER OF THE PARTY

The hospitals are institutions, people expect better and efficient service, if the hospital fails to discharge their duties through their doctors being employed on job basis or employed on contract basis, it is the hospital which has to justify and by not impleading a particular doctor will not absolve the hospital of their responsibilities...

CODE AND CONDUCT FOR LAWYERS ;

An advocate shall maintain towards the courts a respectful attitude, bearing in mind the dignity of the judicial office.He shall not be a mere mouth-piece of the client, and shall exercise his own judgement in the use of restrained language in correspon...

LAW LAID DOWN BY SUPREME COURT ON INSURANCE

“A statute is an edict of the Legislature and in construing a statute, it is necessary to seek the intention of its maker. A statute has to be construed according to the intent of those who make it and the duty of the court is to act upon the true inten...

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