Articles
The concept of “deficiency in service” under the Consumer Protection Act, 1986 must be distinguished from the criminal or tortious acts.
Difference between fraud and deficiency in services...
Non-compliance of statutory provisions by builder is no excuse for delay in possession (One cannot take advantage of one’s own wrong)
Force majeure clause not acceptable on both counts-non approval and direction to stop work. Non approval should have been foreseen by builder when taking up such project. Direction to stop construction by the state was done because of accidents taking place on the site for safety negligence ,this was due to insufficient safety measures and due to builders default · Mere offer to exit option with interest at 9% would not disentitle the flat purchasers from claiming compensation...
The concept of “deficiency in service” under C P Act, must be distinguished from the criminal or tortious acts.
There could not be any presumption with regard to the wilful fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance in service, as contemplated in Section 2(1)(g) of the Act. The burden of proving the deficiency in service would always be upon the person alleging it”, a Bench of Justices Ajay Rastogi and Bela Trivedi explained....
Proximate nexus between the accident and the body injury is must for accident claim in insurance matters
On the question of liability of Insurance company on merits of the case, it is held that “proximate causal relationship between the accident and the body injury is a necessity as per the definition of Accident Death due to sun stroke during election duty will not come under the scope of the clause "death only resulting solely and directly from accident caused by external violent and any other visible means...
'Unauthorised use of Electricity' defined by Supreme Court
Delegated legislation should not travel beyond the purview of the parent Act. If it does, it is ultra vires and cannot be given any effect -Rules or regulation cannot be made to supplant the provisions of the enabling Act but to supplement it. 3. Regulation 153(15) of the Code 2014 to be invalid being inconsistent with the provision of Section 126 of Electricity Act 2003....
Comparative Advertisement and Trade mark Law
Guiding principles set by SC through various judgments in a comparative advertisement (!)An advertisement is commercial speech and is protected by Article 19(1) (a) of the Constitution. (ii) An advertisement must not be false, misleading, unfair or deceptive. (iii) There would be some grey representations of fact but can be permitted only to this extent as glorifying one’s product & protection of Article 19(1)(a) of the Constitution is available. However, if an advertisement extends beyond the grey areas and becomes a false, misleading, unfair or deceptive advertisement, it would certainly not have the benefit of any protection....
E- Commerce Problems and Law
Available law for E-commerce · Indian Technology act 2000 recognizes online purchases. Section 10A of the Information Technology Act, 2000 ("IT Act") provides validity to e-contracts The Supreme Court in Trimex International FZE Ltd. Dubai v. Vedanta Aluminum Ltd. has held that e-mails exchanges between parties regarding mutual obligations constitute a contract · Reserve Bank Of India by issuing various circulars regarding online banking and money transfer activities have made consumers capable of securing the online space · Consumer Protection Act with new guidelines for E-Commerce entities...
Policy Renewal conditions cannot be changed without informing the insured ;SC
"These regulations only underline expressly what was implicit, i.e., the insurer's obligation to inform every policy holder, about any important changes that would affect her or his choice of product....
All deaths due to Covid crisis and shortage of oxygen are not Medical Negligence says SC 8th Sep 2021
Supreme Court had held on its June 30th verdict that the National Disaster Management Authority has a statutory obligation to frame guidelines for recommending minimum ex-gratia assistance for the victims of COVID pandemic. While saying that it cannot direct the Union Government to pay a particular amount as compensation, the Court had directed the National Authority to frame guidelines within 6 weeks on providing ex-gratia assistance to COVID victims....
Unauthorised transfer of Funds by Bank with forged signatures
Bank is responsible to safeguard the accounts of account holders from any cyber crime and take action if some fraud is suspected · State Commission Ordered for –Refund with 9%interest ,Rs 200000/-Compensation Rs 20000/-litigation charges · NC Confirms State Commission Order...
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