Compensatory Jurisprudence of Constitutional Courts XIII : Res Ipsa Loquitur II

State Commission relied on principle of ‘res ipsa loquitur’ to affix liability for defect in an airbag system, having regard to nature of collision. National Commission affirmed this finding referring to certain photographs, which showed substantial frontal damage. We do not find any reason to interfere. We are dealing with a case where in a […]

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Apartment Buyer’s Agreement

The principle laid down in Pioneer Urban Land & Infrastructure Ltd. v. Govind Raghvan, (2019) 5 SCC 725 has been followed consistently in many cases where terms of an Apartment Buyer’s Agreement were found to be one-sided. The following are instances where terms of an Apartment Buyer’s Agreement were found to be oppressive, constituting an […]

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Morality of Orchestra Bars

Orchestra Bars are required to secure premises and performance licenses. Court is no stranger to controversies relating to prohibition and restriction in participation of women from performances in establishments in Maharashtra: State of Maharashtra v. Indian Hotel and Restaurant Association, (2013) 8 SCC 519 – Indian Hotel and Restaurant Association v. State of Maharashtra, (2015) […]

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Same Nature / The Revival of Ray LXXX

The expression ‘of the same nature’ in Section 83 of The Motor Vehicles Act, 1988 can have multiple meanings. This phrase, in its natural expression, would only mean having similar features. But then, would ‘same’ mean similar, identical, equivalent, comparable, interchangeable or related? Likewise, would ‘nature’ mean type, feature, texture, make, model, design, or generation? […]

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Act of God

As many as 35,642 cases of Indian Made Foreign Liquor of different brands got destroyed in fire on 10/04/2003. We need not delve, for present purpose, on classification or various other jurisprudential features of ‘liability’. We are primarily concerned with question of ‘liability’ arising out of ‘negligence’. Without multiplying case law, sufficient it would be […]

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Class Action, Consumer Disputes II

We cannot read, a word in singular, namely, ‘consumer’, will not include plural. If vowel ‘a’ and word ‘consumer’ appearing in Section 2(5)(i) of The Consumer Protection Act, 2019 are to be understood to exclude more than one person, it will result in a disastrous consequence while reading Section 2(5)(vi). A way of interpreting Section […]

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Contracts of Insurance IV

“Insurance is a contract of speculation. Good faith forbids either party, by concealing what he privately knows, to draw the other into a bargain from his ignorance of the fact, and his believing the contrary.” – Lord Mansfield, Carter v. Boehm, (1766) 3 Burr 1905. What is necessary to be disclosed are ‘material facts’ which […]

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Groundnuts to Europe

There were two sets of consignments, one to Piraeus, Greece and another to Rotterdam, Netherlands. Learned Senior Counsel, Gopal Sankaranarayanan argued, SGS India Ltd. had no control or responsibility of shipment-subject once it left Indian port. Ravneet Singh Bagga v. KLM Royal Dutch Airlines, (2000) 1 SCC 66 held, burden of proving ‘deficiency in service’ […]

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Contracts of Insurance III

Sushil, on 28.07.2011, went to Jodhpur, for business purposes, in one Bolero [Temporary Registration No. PB-11-T-5101 from 20.06.2011 to 19.07.2011]. Sushil stayed at Geeta Guest House and found next morning, his Bolero had been stolen. There is nothing on record to suggest, Sushil had applied for registration or was awaiting registration. Narinder Singh v. New […]

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Original-Allottee, Subsequent-Purchaser

Ms. Madhabi Venkatraman, Original-Allottee, could not continue to wait indefinitely for delivery of Flat No. 7013 in Nectarine Tower, Parx Laurete at Section 108, Expressway, Noida. She requested transfer in favor of Respondent-Purchaser. She felt compelled to sell. It was then Respondent-Purchaser stepped in. The nature and extent of relief, to which a Subsequent-Purchaser can […]

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Contracts of Insurance II

Aman Bangia completely damaged one Porsche, DL-1CJ-3577, at 02:25 AM on 22.12.2007. It is indisputable, he smelt of alcohol. There is no evidence of recording the exact nature of alcoholic drink which was consumed and there is also no material as to the quantity consumed. We cannot resist recording our disquiet at the conduct of […]

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Rooh Afza Returns

It was claimed in Hamdard National Foundation v. Hussain Dalal, 202 (2013) DLT 291 Yeh Jawaani Hai Deewani (2013, Dir. Ayan Mukherjee) contains some dialogues which injures goodwill and reputation of ‘Rooh Afza’, a popular concentrated squash. It was admitted, ‘Rooh Afza’ is a well-known trademark. Attention was drawn to Section 29(9) of The Trade […]

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Act of 1986 v. Act of 2019

NCDRC dismissed a Consumer Case, instituted under Act of 1986 on 18.06.2020, on the ground, after enforcement of Act of 2019, pecuniary jurisdiction of NCDRC has been enhanced from Rupees One Crore to Rupees Ten Crores. The decision has been set aside. _____ A change in forum lies in the realm of procedure. Accordingly, in […]

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The Hurt Locker

Unfortunately, there is no substantive domestic legislation or sector­-specific regulations which may throw light upon the issue of whether banks are responsible for loss of articles placed inside the locker. This requires factual findings on knowledge of the contents of the locker; or whether the locker holder had prepared any receipt or inventory of the […]

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The Doctrine of Election

An election of remedies arises when two concurrent remedies are available and the aggrieved chooses to exercise one, in which event he loses the right to simultaneously exercise the other for the same cause of action. Doctrine of Election was discussed in A.P. State Financial Corporation, (1994) 2 SCC 647; P.R. Deshpande, (1998) 6 SCC […]

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