Bringing you the Best Analytical Legal News
“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.”
“Intentional exercise of a choice between the alternatives bars the persons making the choice from the benefit of the one not selected on the principle of ‘estoppel by election’.”
Supreme Court, while going by the ordinary meaning of ‘commercial purpose’, said that ‘Commercial’ denotes “pertaining to commerce”. However, the Explanation clarifies that even purchases in certain situations for ‘commercial purposes’ would not take within its sweep the purchaser out of the definition of expression ‘consumer’
NCDRC remarked that the argument of dissolution of joint venture agreement relieving obligations of one of the opposite parties was misconceived and could not be accepted.
by Bharat Anand†, Achint Kaur††, Mukul Aggarwal†††
Cite as: 2023 SCC OnLine Blog Exp 71
Supreme Court said that the burden was on the appellant more particularly in a circumstance when all the family members had got administered the same vaccination from the same source and the appellant himself did not undergo any difficulty when the first two doses were administered.
“The issue is not of fixing a value to a piece of real estate which the complainant is in possession of. Rather, it is one of compensation for the deficiency in service and of indemnifying the complaint against any future loss.”
Although the instant matter was remanded back to NCDRC to decide on facts, the Supreme Court very well elaborated the cause of action, Doctrine of Merger, principle of Res Judicata and Precedents.