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This 24-year-old matter revolved around a sixth-generation leading jeweller of Hyderabad who in 2002 underwent coronary surgery at Care Hospital but developed life threatening complications after the operation.
When the Court suggested it was not inclined to entertain the writ petition due to territorial jurisdiction, the petitioner’s counsel sought permission to withdraw the petitions. The Court granted this request, allowing the petitioner to take appropriate legal steps.
Supreme Court reiterated that exclusion clauses in insurance contracts are interpreted strictly against the insurer as they have the effect of completely exempting the insurer of its liabilities.
The Maharashtra Commission in the impugned order, had concluded that the vehicle had a manufacturing defect, without calling for an expert report on the matter.
The State Commission absolved Flipkart from any liability as it was merely facilitating the sale through its portal. However, it was noted that Flipkart should have displayed a strict attitude vis-à-vis breach of terms regarding sale of counterfeit products on its site.
The wife of the Deceased Life Assured had filed claims as the nominee of her husband’s life insurance policies. However, the claim was rejected as the DLA failed to disclose material facts while availing the policies, thereby violating the principle of ubberima fidei (utmost good faith)
Supreme Court said that the Compensation by its nature must be just, and described the compensation awarded to the appellant as ‘paltry’.
“Promotional trailers are unilateral and are only meant to encourage a viewer to purchase the ticket to the movie, which is an independent transaction and contract from the promotional trailer. A promotional trailer by itself is not an offer and neither intends to nor can create a contractual relationship.”
NCDRC pointed out that the State Commission’s finding that non-deployment of the airbags when the respondent’s car crashed, warranted punitive damages, was not based on any finding of fact or legal precedent.
The Commission noted that the scientific analysis and the clarifications issued by the Government itself did not indict Nestle India, therefore, there is no material to support the allegations made in the complaint so as to proceed any further.
Arbitration and Conciliation Act, 1996 — S. 34: Objections to the award: Law summarised relating to Court’s power to review awards under
Supreme Court said that once the parties committed themselves to a written contract, whereby they reduced the terms and conditions agreed upon by them to writing, the same would be binding upon them.
by Ashoo Gupta†
Cite as: 2024 SCC OnLine Blog Exp 4
NCDRC also highlighted that the housing society which the complainants were members of was not arrayed as a party in the instant matter.
A quick legal roundup to cover important stories from Tribunals, Regulatory Bodies, Commissions for the month of October and November 2023.
State Commission relying on NCDRC precedents, upheld District Consumer Commission’s decision to hold the Postal Department liable for delayed delivery of a speed post by 19 days which resulted the complainant’s son to miss his chance to get admission in JNU.
NCDRC concluded that the Insurance Company failed to establish any misrepresentation or non-disclosure of material facts while obtaining the insurance policy.
The opposite parties denied her admission or operation in the clinic and also refuted the removal of rusted nut and bolt by claiming that they ought to be stainless steel material for medical use.
“For applying the principles of Res Ipsa Locutor, it is necessary that a ‘Res’ is present to establish the allegation of negligence.”