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Allowing in withdrawal of amount by violating ‘Postal Department Rules’ would constitute ‘Deficiency in Service’

September 29, 2023 408 Views 0 comment Print

In present facts of the case, the Revision Petition (RP) was filed under section 21 (b) of Consumer Protection Act 1986, against the order dated 08.05.2019 of the State Consumer Disputes Redressal Commission West Bengal.

Detaining person forcefully by Railway Personnel without giving an opportunity to unload the luggage would constitute ‘deficiency of Service’

September 29, 2023 243 Views 0 comment Print

In present facts of the case the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI (NCDRC) observed that Railway Personnel were liable for ‘deficiency of Service’ when the Complainant was detained forcefully from the train without letting him to unload his luggage due to which the luggage was lost and the Complainant have to bear the financial loss.

No responsibility or liability persists if exemption been granted through Government MoU

September 28, 2023 420 Views 0 comment Print

In present facts of the case, NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI (NCDRC) observed that when Government of India had itself exempted the Petitioner from any obligation to verify the Interest Subsidy Schemes received from any Bank other than the Petitioner/Bank itself then the Petitioner cannot be hold responsible.

Person engaged in activities for generating profits would not come under ambit of definition of Consumer

September 28, 2023 165 Views 0 comment Print

In present facts of the case the Appeal was under Section 19 of the Consumer Protection Act, 1986 against the impugned Order dated 31.12.2015 passed by the Jharkhand State Consumer Disputes Redressal Commission, Ranchi in Consumer Complaint No. 06/2011, whereby the Complaint filed by the Complainant was partly allowed.

Nexus between disease & cause of death have to be proved in order to repudiate claim: NCDRC

September 28, 2023 1599 Views 0 comment Print

In present facts of the case, the present Revision Petition was filed by the Petitioner against Respondents as detailed above, under section 58 (b) of Consumer Protection Act 2019, against the order dated 28.07.2021 of the State Consumer Disputes Redressal Commission, Karnataka.

Sale proceeds of seized vehicle would be calculated at depreciation rate @ 40% of actual invoice value

September 28, 2023 729 Views 0 comment Print

In present facts of the case, the NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI (NCDRC) observed that the sale proceeds of the seized vehicle by the Respondent would be calculated at the depreciation rate @ 40% of the actual invoice value of the Motor Vehicle.

‘Exceptional Circumstances’ must exist to prevent promoters to compete with other resolution applicants to retain control of corporate debtor in case of MSME

September 27, 2023 984 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court observed that in “exceptional circumstances” if a corporate debtor is an MSME, it is not necessary for promoters to compete with other resolution applicants to retain control of the corporate debtor.

Cognizance taken under repealed law is valid if it is provided by provision of ‘Repeal and Savings’ under the new Law

September 27, 2023 1209 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court observed that the Enforcement Officer appointed under Section 3 of FERA, 1973 was authorized to file complaint under provisions of FERA even after getting repealed by the virtue of S. 49 of FEMA under the heading ‘Repeal and Savings’.

When Gratification other than legal remuneration is proved then presumption under Section 20 of PC Act could be invoked

September 27, 2023 615 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court observed that once the undue advantage i.e., any gratification whatever, other than the legal remuneration is proved to have been accepted by the accused, the Court is entitled to raise the presumption under Section 20 of the Prevention of Corruption Act, that he accepted the undue advantage as a motive or reward under Section 7, for performing or to cause performance of a public duty improperly or dishonestly.

Validity of will depends on free will, sound mind of testator and circumstances in which it was executed: SC

September 27, 2023 1512 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court while upholding the validity of will held that (a) the testator signed the Will out of his own free Will, (b) at the time of execution he had a sound state of mind, (c) he was aware of the nature and effect thereof and (d) the Will was not executed under any suspicious circumstances.

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