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COMPLAINT AGAINST ADVOCATES NOT MAINTAINABLE UNDER THE CONSUMER PROTECTION ACT

The SC in Bar of Indian Lawyers Through its President Jasbir Singh Malik v. D. K. Gandhi PS National Institute of Communicable Diseases and Anr. [2024] 6 S.C.R. 484 : 2024 INSC 410 held that having regard to the history, object, purpose and the scheme of the Consumer Protection Act (hereinafter ‘CP Act’) and that neither […]

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EVEN IF THERE IS SOME MERIT IN A CASE, THE PERIOD OF DELAY IN FILING CANNOT BE GIVEN A GO-BY

Delhi High Court recently in Union of India v. Jay Shree Metals & Engg. Co. 2024:DHC:4970 emphasized that even if there is some merit in the case, the period of delay in agitating the matter cannot be given a go-by. DHC relied on the judgment of the Supreme Court in State of Madhya Pradesh &

EVEN IF THERE IS SOME MERIT IN A CASE, THE PERIOD OF DELAY IN FILING CANNOT BE GIVEN A GO-BY Read Post »

FACT THAT NATURAL HEIRS ARE EXCLUDED, BY ITSELF, CANNOT BE HELD TO BE A SUSPICIOUS CIRCUMSTANCE ESPECIALLY WHEN THE BEQUEST IS MADE IN FAVOUR OF AN OFFSPRING

Delhi High Court in 2024:DHC:4812 titled ‘Deepak Duggal v State & Ors.’ held that the fact that natural heirs have either been excluded or a lesser share has been given to them, by itself without anything more, cannot be held to be a suspicious circumstance especially in a case where the bequest has been made

FACT THAT NATURAL HEIRS ARE EXCLUDED, BY ITSELF, CANNOT BE HELD TO BE A SUSPICIOUS CIRCUMSTANCE ESPECIALLY WHEN THE BEQUEST IS MADE IN FAVOUR OF AN OFFSPRING Read Post »

SC ISSUES DIRECTIONS AGAINST MISLEADING ADVERTISEMENTS

The Hon’ble Supreme Court in an order issued in Indian Medical Association & Anr. v. Union of India & Ors. [2024] 6 S.C.R. 375 : 2024 INSC 406, to curb the growing menace of misleading advertisements published/displayed with little/nil accountability, gave a slew of directions to manufacturers, promoters and advertisers. That henceforth, before an advertisement is

SC ISSUES DIRECTIONS AGAINST MISLEADING ADVERTISEMENTS Read Post »

EXCLUSION CLAUSES IN INSURANCE CONTRACTS TO BE INTERPRETED STRICTLY

In United India Insurance Co. Ltd. v. M/s Hyundai Engineering & Construction Co. Ltd. & Ors. [2024] 6 S.C.R. 355 : 2024 INSC 431 matter pertained to the correctness of the decision by NCDRC which directed the appellant-insurer to release and pay an insurance claim to the respondent-contractor for the collapse of the bridge. The Supreme

EXCLUSION CLAUSES IN INSURANCE CONTRACTS TO BE INTERPRETED STRICTLY Read Post »

PLAINTIFF NOT ALLOWED TO RELY ON DOCUMENTS NOT FILED WITH PLAINT EXCEPT BY LEAVE OF THE COURT

In Sudhir Kumar @ S. Baliyan v. Vinay Kumar G.B: 2021 SCC OnLine SC 734, the Hon’ble Supreme Court in paragraphs 30 & 31held as under: “30. Order XI Rule 1(5) further provides that the plaintiff shall not be allowed to rely on documents, which were in the plaintiff’s power, possession, control or custody and

PLAINTIFF NOT ALLOWED TO RELY ON DOCUMENTS NOT FILED WITH PLAINT EXCEPT BY LEAVE OF THE COURT Read Post »

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