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There is a difference between Defective car and old car. In the case Mahaveer Stone Crushing Co V/S Tata Motors Ltd (SC) court observed that car bears defect due to scratches in the process of transportation whereas in the case cited above in Rajiv Shukla it is proved through cogent evidence that an old used car as Demo Test Drive Car was sold as new one...

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Supression of Material Fact & fraud are two different things ,action also different · That in case of repudiation of the policy on the ground of misstatement or suppression of a material fact, and not on the ground of fraud, the premiums collected on the policy till the date of repudiation shall be paid to the insured or the legal representatives or nominees or assignees of the insured within a period of ninety days from the date of such repudiation. · That no refund in case of fraud ,insured to prove no fraud...

Insurance company cannot appoint number of surveyors one after another to get report in their favour. IRDA (Protection of Policy Holders’ Interest Regulations 2002)...

J.J. Merchant v. Shrinath Chaturvedi, (2002) 6 SCC 635, which was a three Judge Bench decision, consumer fora has no power to extend the time for filing a reply/written statement beyond the period prescribed under the Act. However, thereafter, despite the above three Judge Bench decision, a contrary view was taken by a two Judge Bench and therefore the matter was referred to the five Judge Bench and the Constitution Bench has reiterated the view taken in the case of J.J.Merchant and has again reiterated that the consumer fora has no power and/or jurisdiction to accept the written statement beyond the statutory period prescribed under the Act, i.e., 45 days in all....

The decision was given by the divisional bench comprising chief justice Akil Kurashi and justice Uma Shankar Vyas while deciding the writ petitions filed by the Union Bank of India against the order passed by Rajasthan RERA wherein while cancelling the bank auction, RERA directed the bank to hand over the possession of the semi-constructed residential project to RERA....

"In the conservative Indian society, a son is not expected to brand his aged father a 'swindler' or then allege that the aged parents have lost mental balance. The allegations that the aged parents have been physically assaulted, that the other son was also assaulted and that visitors are prevented from entering the residential house, are not specifically traversed."...

“The exclusion of one of the natural heirs from the bequest, cannot by itself be a ground to hold that there are suspicious circumstances - Cases in which a suspicion is created are essentially those where either the signature of the testator is disputed or the mental capacity of the testator is questioned . In the matter of appreciating the genuineness of execution of a Will, there is no place for the Court to see whether the distribution made by the testator was fair and equitable to all of his children. The Court does not apply Article 14 to dispositions under a Will.",...

The Supreme Court observed · That the findings of the report of Medical Council of India on professional conduct of doctors are relevant while considering medical negligence compensation claims. · The bench comprising Justices UU Lalit, S. Ravindra Bhat and PS Narasimha also observed that in the proceedings for damages due to professional negligence, the question of intention does not arise...

Section 2(25) "mediation" means the process by which a mediator mediates the consumer disputes; (26) "Mediator" means a mediator referred to in section 74. (1) The State Government shall establish, by notification, a consumer mediation cell to be attached to each of the District Commissions and the State Commissions of that State....

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