Insurance Contract–An apprentice is not an employee in common parlance.
2009(1) LAW HERALD (SC) 465 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Markandey Katju The Hon’ble Mr. Justice R.M. Lodha Civil Appeal No(s). 7972 of…
Consumer Protection Act, 1986, S.12—Housing—Delay in Delivering Possession—Subsequent purchaser is entitled to maintain complaint against builder for delay in delivery of possession of flat.
2018(4) Law Herald (SC) 3402 : 2018 LawHerald.Org 1947 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mr. Justice R. Subhash Reddy Civil Appeal…
Consumer Protection Act, 1986, S.12~Consumer Complaint—Class Action–Notice–For filing ‘Class Action’ complaint u/s 12(l)(c) of the 1986 Act notice under 0.1 R.8(2) CPC is mandatory-Civil Procedure Code, 1908, 0.1R.8.
2018(4) Law Herald (SC) 3395 : 2018 LawHerald.Org 1945 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mr. Justice R. Subhash Reddy Civil Appeal…
Medical Negligence–As long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence.
2010(2) LAW HERALD (SC) 763 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No.1385 of 2001…
Accident—Insurance—Cancellation of Policy—Intimation sent through registered post would be deemed to be served—Burden of proof is on insurer to prove non receipt of intimation
2018(4) Law Herald (SC) 2880 (FB) (Ker) : 2018 LawHerald.Org 1754 IN THE HIGH COURT OF KERALA [FULL BENCH] Before Hon’ble Mr. Justice V. Chitambaresh Hon’ble Mr. Justice P.B. Suresh…
Medical Negligence—Post surgery ailments—Patient was not able to prove that the ailments which she suffered after she returned from the hospital were result of faulty surgery (removal of Gall Bladder) by the doctor and such aliments were not normal post surgery effect-Complaint dismissed.
2018(4) Law Herald (SC) 2772 : 2018 LawHerald.Org 1611 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Vineet Saran Civil Appeal No.3971…
Consumer–Housing–Unwarranted and unnecessary delay in granting sanction of construction plan—Compensation awarded.
2018(4) Law Herald (SC) 2750 : 2018 LawHerald.Org 1612 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal…
Medical Negligence–Expert opinion–Opinion of Expert Doctor obtained without sending him complete record of medical treatment (i.e. original, x-ray, MRI report)–On basis of report Commission gave finding that there was no negligence–Commission directed to forward all records of treatment to the Doctor for his expert opinion–Commission to pass fresh order after receipt of expert opinion. Expert opinion–An expert is not a witness of fact and his evidence is really of an advisory character
2010(1) LAW HERALD (SC) 359 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice H.L. Dattu Civil Appeal No. 5991 of 2002…
Forums below recorded a concurrent finding of fact that there is negligence on the part of the bank in rendering the services–Order upheld by Supreme Court.
2010(1) LAW HERALD (SC) 75 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice D.K. Jain The Hon’ble Mr. Justice T.S. Thakur Civil Appeal No. 1064 of 2003…
Consumer—Written Statement—Period of filing within 45 days and not beyond that—Judgment of J,J. Merchant and New India Assurance case distinguished and period held to be directory– Arbitration—Objections—Prior Notice—Provision of 5.34(5) of the Act held to be directory/ and not mandatory
2038(3) Law Herald (SC) 1965 : 2018 LawHerald.Org 1411 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. F. Nariman Hon’ble Mr. Justice Indu Malhotra Civil Appeal No.…