Consumer Protection Act, 1986

Supreme Court clarifies promotional trailers are not offers in consumer dispute: Yash Raj Films vs. Afreen Fatima Zaidi (2024) INSC 328 (22 April 2024)

/ Constitutional Law, Constitutional Law with Article 19(1)(a), Constitutional Law with Article 19(2), Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(r), Contract, Deficiency of Service, Freedom of Speech, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 2(a), Offer, Unfair Trade Practice

Supreme Court clarifies promotional trailers are not offers in consumer dispute: Yash Raj Films vs. Afreen Fatima Zaidi (2024) INSC 328 (22 April 2024) LEGAL ISSUE: Whether a promotional trailer creates a contractual obligation or amounts to unfair trade practice if the content is not shown in the movie. CASE TYPE: Consumer Dispute Case Name: […]

Supreme Court clarifies promotional trailers are not offers in consumer dispute: Yash Raj Films vs. Afreen Fatima Zaidi (2024) INSC 328 (22 April 2024) Read Post »

Supreme Court clarifies maintainability of consumer complaint by a partner against partnership firm: Annapurna B. Uppin & Ors. vs. Malsiddappa & Anr. (2024) INSC 276 (05 April 2024)

/ Consumer Law, Consumer Protection Act, 1986, Deficiency in Service, Liability of Partners, Partnership Act, 1932, Partnership Law

Supreme Court clarifies maintainability of consumer complaint by a partner against partnership firm: Annapurna B. Uppin & Ors. vs. Malsiddappa & Anr. (2024) INSC 276 (05 April 2024) LEGAL ISSUE: Whether a partner of a partnership firm can file a consumer complaint against the firm for deficiency in service. CASE TYPE: Consumer Law Case Name:

Supreme Court clarifies maintainability of consumer complaint by a partner against partnership firm: Annapurna B. Uppin & Ors. vs. Malsiddappa & Anr. (2024) INSC 276 (05 April 2024) Read Post »

Supreme Court directs fresh consideration of Insurance Claim: M/S. Kozyflex Mattresses Private Limited vs SBI General Insurance Company Limited (20 March 2024)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(m), Consumer Protection Act, 2019, Consumer Protection Act, 2019 with Amendment, Definition of Consumer, Definition of Person

Supreme Court directs fresh consideration of Insurance Claim: M/S. Kozyflex Mattresses Private Limited vs SBI General Insurance Company Limited (20 March 2024) LEGAL ISSUE: Whether a company is a ‘person’ under the Consumer Protection Act, 1986 and whether an insurance policy taken for material damage is for commercial purpose. CASE TYPE: Consumer Case Name: M/S.

Supreme Court directs fresh consideration of Insurance Claim: M/S. Kozyflex Mattresses Private Limited vs SBI General Insurance Company Limited (20 March 2024) Read Post »

Supreme Court Upholds Loan Agreement Terms: Rajesh Monga vs. HDFC (2024)

/ Binding Nature of Contracts, Consumer Protection Act, 2019, Consumer Protection Law, Contract Law, Contract Law with Clause 2.2(a), Interpretation of Contracts, Unfair Trade Practices

Supreme Court Upholds Loan Agreement Terms: Rajesh Monga vs. HDFC (2024) LEGAL ISSUE: Whether a lender can alter interest rates based on its own prime lending rate, despite initial assurances linking it to the Reserve Bank of India’s (RBI) rate. CASE TYPE: Consumer Case Name: Rajesh Monga vs. Housing Development Finance Corporation Limited & Ors.

Supreme Court Upholds Loan Agreement Terms: Rajesh Monga vs. HDFC (2024) Read Post »

Supreme Court Upholds Negligence in Cataract Surgery Case: Najrul Seikh vs. Dr. Sumit Banerjee (2024)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 12, Deficiency in Service, Medical Negligence

Supreme Court Upholds Negligence in Cataract Surgery Case: Najrul Seikh vs. Dr. Sumit Banerjee (2024) LEGAL ISSUE: Medical negligence and deficiency in service by a doctor during and after cataract surgery. CASE TYPE: Consumer Protection Case Name: Najrul Seikh vs. Dr. Sumit Banerjee & Anr. Judgment Date: 22nd February 2024 Date of the Judgment: 22nd

Supreme Court Upholds Negligence in Cataract Surgery Case: Najrul Seikh vs. Dr. Sumit Banerjee (2024) Read Post »

Supreme Court Upholds Medical Negligence Compensation with Increased Interest: P.C. Jain vs. Dr. R.P. Singh (2024)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Compensation, Consumer Rights, Medical Negligence, Medical Negligence with Determination of Compensation, Professional Misconduct

Supreme Court Upholds Medical Negligence Compensation with Increased Interest: P.C. Jain vs. Dr. R.P. Singh (2024) Date of the Judgment: January 29, 2024 Citation: 2024 INSC 67 Judges: B.R. Gavai, J., Sandeep Mehta, J. Can a medical professional’s negligence lead to a prolonged legal battle for compensation? The Supreme Court of India recently addressed this

Supreme Court Upholds Medical Negligence Compensation with Increased Interest: P.C. Jain vs. Dr. R.P. Singh (2024) Read Post »

Supreme Court Upholds Insurance Claim, Dismissing New India Assurance Appeal: Mudit Roadways Case

/ Consumer Law, Consumer Protection Act, 1986, Customs Act, 1962, Customs Act, 1962 with Section 23, Customs Duty, Insurance Act, 1938 with Section 64(UM)(4), Insurance Claim, Insurance Law

Supreme Court Upholds Insurance Claim, Dismissing New India Assurance Appeal: Mudit Roadways Case LEGAL ISSUE: Whether an insurance company can reject a claim based on grounds not stated in the initial repudiation letter and the extent of surveyor’s report in determining insurance liability. CASE TYPE: Insurance Law, Consumer Law Case Name: New India Assurance Co.

Supreme Court Upholds Insurance Claim, Dismissing New India Assurance Appeal: Mudit Roadways Case Read Post »

Supreme Court clarifies insurance liability in car accident claim: Bajaj Allianz vs. Mukul Aggarwal (20 November 2023)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 17(2)(b), Consumer Protection Act, 1986 with Section 2(1)(d)(i), Consumer Protection Act, 1986 with Section 2(g), Insurance Law, Insurance Policy Interpretation, Motor Insurance, Rejection of Insurance Claims

Supreme Court clarifies insurance liability in car accident claim: Bajaj Allianz vs. Mukul Aggarwal (2023) Date of the Judgment: 20 November 2023 Citation: 2023 INSC 1005 Judges: Abhay S. Oka, J. and Rajesh Bindal, J. Can an insurance company deny a claim for a car accident based on minor discrepancies in the claim form and

Supreme Court clarifies insurance liability in car accident claim: Bajaj Allianz vs. Mukul Aggarwal (20 November 2023) Read Post »

Supreme Court overturns medical negligence finding in Consumer Case: M.A Biviji vs. Sunita & Ors. (2023) INSC 938 (19 October 2023)

/ Consumer Law, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 23, Duty of Care, Medical Law, Medical Malpractice, Medical Negligence

Supreme Court overturns medical negligence finding in Consumer Case: M.A Biviji vs. Sunita & Ors. (2023) INSC 938 (19 October 2023) LEGAL ISSUE: Whether the performance of a Nasotracheal Intubation (NI) procedure, after a bronchoscopy indicated normal airways, constitutes medical negligence, and whether subsequent medical complications can be directly linked to this procedure. CASE TYPE:

Supreme Court overturns medical negligence finding in Consumer Case: M.A Biviji vs. Sunita & Ors. (2023) INSC 938 (19 October 2023) Read Post »

Supreme Court Upholds Dismissal of Medical Negligence Claim in Post-Surgery Care Case: Kalyani Rajan vs. Indraprastha Apollo Hospital (2023) INSC 921 (17 October 2023)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(c)(iii), Medical Law, Medical Negligence, Post-Operative Care, Supreme Court Judgments

Supreme Court Upholds Dismissal of Medical Negligence Claim in Post-Surgery Care Case Date of the Judgment: 17 October 2023 Citation: 2023 INSC 921 Judges: Justice A.S. Bopanna and Justice Prashant Kumar Mishra Can a hospital be held liable for medical negligence if a patient dies after surgery, despite the absence of clear evidence linking the

Supreme Court Upholds Dismissal of Medical Negligence Claim in Post-Surgery Care Case: Kalyani Rajan vs. Indraprastha Apollo Hospital (2023) INSC 921 (17 October 2023) Read Post »

Supreme Court Upholds 75% Claim on Vehicle Theft Despite Negligence: Ashok Kumar vs. New India Assurance Co. Ltd. (2023)

/ Consumer Law, Consumer Protection Act, 1986, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 378, Insurance Claims

Supreme Court Upholds 75% Claim on Vehicle Theft Despite Negligence: Ashok Kumar vs. New India Assurance Co. Ltd. (2023) LEGAL ISSUE: Whether an insurance company can deny a claim for vehicle theft due to the insured’s negligence and delay in intimation. CASE TYPE: Consumer Law Case Name: Ashok Kumar vs. New India Assurance Co. Ltd.

Supreme Court Upholds 75% Claim on Vehicle Theft Despite Negligence: Ashok Kumar vs. New India Assurance Co. Ltd. (2023) Read Post »

Supreme Court Directs Petitioner to High Court in Insurance Claim Dispute: Universal Sompo vs. Suresh Chand Jain (2023)

/ Constitutional Law, Constitutional Law with Article 136, Constitutional Law with Article 226, Constitutional Law with Article 227, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 21, Consumer Protection Act, 1986 with Section 23, Consumer Protection Act, 2019, Consumer Protection Act, 2019 with Section 58, Consumer Protection Act, 2019 with Section 67

Supreme Court Directs Petitioner to High Court in Insurance Claim Dispute: Universal Sompo vs. Suresh Chand Jain (2023) LEGAL ISSUE: Whether a Special Leave Petition under Article 136 of the Constitution is maintainable directly against an order of the National Consumer Disputes Redressal Commission (NCDRC) passed in appellate jurisdiction. CASE TYPE: Consumer Law Case Name:

Supreme Court Directs Petitioner to High Court in Insurance Claim Dispute: Universal Sompo vs. Suresh Chand Jain (2023) Read Post »

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