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Transfer of Rights by way of Subrogation

Transfer of Rights by way of Subrogation Subrogation of Rights By Commercial Entity Doesn't change the Status Of entity to 'Consumer' ,it remains ‘Commercial’ National Commission held that an entity engaged in commercial activities solely for the purposes of profit-making cannot be said to be

Trust not Disqualified in all circumstances From Filing Consumer Complaint.

Trust not Disqualified in all circumstances From Filing Consumer Complaint. The Union of India submitted before the Supreme Court on October 17,2024 trust does not all the time disqualify a legal entity from filing a consumer complaint if it meets other conditions of being a

An advocate is not expected to verify the genuineness of the power of attorney submitted by client

The Supreme Court has observed that an advocate cannot be held criminally liable for merely failing to verify the genuineness of a power of attorney which was handed over by a litigant to file a case. In the ordinary course, an advocate is not expected

A judgment of the Court will always be retrospective in nature unless the judgment indicates it to be prospective.

The Supreme Court has reiterated that a judgment of the Court will always be retrospective in nature unless the judgment itself specifically states that it will operate prospectively. "Whereas a law made by the legislature is always prospective in nature unless it has been specifically

Imprisonment of a judgment-debtor is a drastic step

Case Name: Bhudev Mallick Alias Bhudeb Mallick Vs Ranajit Ghoshal., CIVIL APPEAL NO.2248 OF 2025 Date of order :11 Feb 2025 The Supreme Court, observed ‘Imprisonment of a judgment debtor is a drastic step and to exercise such power, the Court must ensure that the judgment

Controversies over Medical Profession under CP Act Burning issue of the Day now

Head Note Review petition filed against SC order is also now disposed off as dismissed The most talked issue remained medical professional since inception of the act in 1986 till new act 2019 which were settled through number of SC judgments. A new turn came

Question of privity of contract between the home buyer and builder (No direct consideration paid by complainant)

Here is a case where complainant claims for a flat in Lieu of services rendered to the builder by his late father who was an advocate by profession Builder refuses to accept the claim for non-payment against the flat and also refuses to

Foundation for Media Professionals

Foundation for Media Professionals v. Union of India & Ors. Writ Petition (Criminal) No. 395 of 2022 The Supreme Court on November 7th expressed concerns over the arbitrary seizure of media professionals' digital devices and stressed the need for better guidelines to protect their interests. A public

Not everything said in the judgment constiututes a precedent

'Not Everything Said In A Judgment Constitutes A Precedent' : Supreme Court Explains Distinction Between Obiter Dicta & Ratio Decidendi Case Law ; Secunderabad Club vs CIT | 2023 (SC) | 2023 INSC 736 19 Aug 2023 The ratio decidendi has a binding effect whereas

What is Compensation and how it is calculated

Compensation is given considering number of factors !) Actual loss –Injury or loss visible at first sight is generally considered actual loss. For Example; Medical negligence leading to damage to the patient in any manner Negligence by health care/Beauty care clinics causing skin problem after

New Rules for Birth Certificates

New Rules for Birth Certificates Come October 1, Birth Certificate will be considered as single document for availing several crucial services including admission to an educational institution, issuance of a driving licence, preparation of voter list, Aadhaar number, registration of marriage, appointment to a government

Bank cannot retain processing charges when credit facility not provided

“Bank cannot retain processing charges when credit facility not provided “Bank cannot retain processing charges when credit facility not provided as requested and sanctioned “held National commission confirming order by District and State commission. Axis Bank V/S Sumitra DS Motors Pvt Ltd &others (NC) RP

Forfeiting Earnest money under Sec.74 of Indian Contract Act 1872 Explained by Supreme Court

Forfeiting Earnest money under Sec.74 of Indian Contract Act 1872 Explained by Supreme Court Sec.74 of Indian Contract Act 1872 Explained by Supreme Court Case Title: Godrej Projects Development Limited Versus Anil Karlekar & Ors.Decided On 3 Feb 2025 The Supreme Court explains Section

Hotel vicariously liable for drowning yong man in un -attended swimming pool

Hotel vicariously liable for drowning of a young man in un-attended swimming pool Head Notes: “FIR suggesting foul play and murder was filed which was ultimately found to have not been proved and no criminal negligence was established” Incident of drowning in swimming pool took

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