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January 2022

Supreme Court States ‘Welfare Of Minor To Be The Predominant Consideration’ In Custody Battle Case

In regards to a  case of custody battle between a US resident and his wife for their minor boy, the Supreme Court noted that welfare of the minor are of predominant consideration. It further stated  that the rights of the parties to a custody dispute are irrelevant. It said the consideration of the well-being and

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Plea in SC seeks new accreditation policy to ensure best patient to doctor, nurse ratio in NABH hospitals

New Delhi [India], December 21 (ANI): A plea has been filed in the Supreme Court seeking a fresh national accreditation policy that ensures the optimum doctor to patient and nurse to patient ratio is adhered to in all the National Accreditation Board for Hospitals and Healthcare Providers (NABH) hospitals and those who apply for accreditation.

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Consumer Protection| Can written statement be accepted beyond 45 days? SC settles pre and post New India Assurance Company Verdict conundrum once and for all

Supreme Court: In a case where the NCDRC had condoned a delay for a period beyond the prescribed statutory outer limit just before the decision of the Constitution Bench on 4 March 2020 wherein it was held that the consumer fora has no power and/or jurisdiction to accept the written statement beyond the statutory period

Consumer Protection| Can written statement be accepted beyond 45 days? SC settles pre and post New India Assurance Company Verdict conundrum once and for all Read More »

Builder’s failure to procure occupancy certificate a deficiency in service under Consumer Protection Act: Supreme Court

The Supreme Court on January 11 has said that the failure of a real estate developer to obtain an occupation certificate is a ‘deficiency in service’ under the Consumer Protection Act 1986 and that homebuyers are within their rights as ‘consumers’ to demand compensation for high charges incurred by them. “In the present case, the

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Railways Liable To Pay Compensation For Late Arrival Of Trains If Delay Is Not Explained Or Justifiable

The Supreme Court has held that until and unless the railways provide evidence and explain the late arrival of a train to establish and prove that delay occurred because of the reasons beyond their control, they would be liable to pay compensation for such delay. “Therefore, unless and until the evidence is laid explaining the

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India’s traditional medicine knowledge is on reverse pharmacology mode: Dr DBA Narayana

India’s extensive traditional knowledge has taken a paradigm shift towards ‘reverse pharmacology’ with botanicals being used extensively for innovative, efficacious and safe product development, said Dr DB Anantha Narayana, chief scientific officer, Ayurvidye Trust, and Chairman, Scientific Panel, nutraceuticals, FSSAI. Since these leads have documented long history of safe and effective usage, developing opportunities to

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Consumer Protection Act – Onus To Prove Deficiency In Service Is On The Complainant: Supreme Court

The Supreme Court observed that, in a consumer case, the onus of proof that there was deficiency in service is on the comThe Supreme Court observed that, in a consumer case, the onus of proof that there was deficiency in service is on the complainant. Without any proof of deficiency, the opposite party cannot be

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Consumer Protection Act 2019 : Can NCDRC Direct Deposit Of 50% Of Amount Determined By State Commission For Appeal Under Section 51? Supreme Court To Examine

The Supreme Court has decided to examine if the National Consumer Commission can direct deposit of entire amount or any amount higher than 50% of the Source: Live Law

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