Showing posts with label litigation. Show all posts
Showing posts with label litigation. Show all posts

Sunday, January 4, 2026

Consumer Complaints and Some Useful Legal Aspects

Consumer Complaints and Some Useful Aspects

Jurisdiction depends on value of goods or services [S.34 of CPA, 2019] ; so if value of goods is below Rs. 50 lacs, then go to DCDRC. 

Complaint can be filed where complainant resides [S.34(2)(d)] 

If value of goods is less than Rs. 5 lacs then no fees for complaint. [ See R.7 of Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020] 

If there is delay in filing reply by opposite party, invoke New India Assurance Co. Ltd v. Hilli Multipurpose Cold Storage Pvt Ltd [2020] GCtR 956 (SC) to contend that the case should proceed ex parte.

In a complaint, mention name and address of complainant/opposite party, facts, documents, relief. [ See R.12 of Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020]

4 copies of Appeal memo when filing appeal before SCDRC. 

Complaint can be filed by agent or complainant himself. 

Complaint has to be in writing [S.2(6) of CPA, 2019]

Admissibility of complaint by DCDRC to be decided in 21 days [S.36]

It is not necessary to examine parties or hearing [S.38]

Every e-commerce entity shall ensure that the grievance officer referred to in sub-rule (4) acknowledges the receipt of any consumer complaint within forty-eight hours. No e-commerce entity shall impose cancellation charges on consumers cancelling after confirming purchase unless similar charges are also borne by the e- commerce entity, if they cancel the purchase order unilaterally for any reason. No seller offering goods or services through a marketplace e-commerce entity shall refuse to take back goods, or withdraw or discontinue services purchased or agreed to be purchased, or refuse to refund consideration, if paid, if such goods or services are defective, deficient or spurious, or if the goods or services are not of the characteristics or features as advertised or as agreed to, or if such goods or services are delivered late from the stated delivery schedule Consumer Protection (E-Commerce) Rules, 2020.] 

Monday, December 29, 2025

Supreme Court issues SOP for Oral Arguments

Supreme Court issues SOP for Oral Arguments

Supreme Court has issued a Circular for SOP for oral arguments. 

Senior Advocates, Arguing counsel and/or Advocate-on-record, shall submit the timelines for making oral arguments in all post-notice and Regular Hearing matters, at least a day prior to the commencement of the hearing of the case. The same shall be submitted to the Hon’ble Court through the online portal for submitting Appearance Slips already provided to the Advocate-on record. 

Arguing counsel and/or Senior Advocates, through their Advocate-onrecord or Nodal Counsel/s nominated by Hon’ble Court, if any, shall file a brief Note / written submission not exceeding five (5) pages, after serving its copy on the other side, at least three (3) days prior to the date of hearing, in order to ensure compliance of such timelime.

Date of Circular is 29/12/2025.


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Friday, December 26, 2025

Law On Acquiring Rights in Immovable Property : Supreme Court Answers the Legal Issue

Law On Acquiring Rights in Immovable Property : Supreme Court Answers the Legal Issue

It has been held that there are various modes by which rights may be acquired in an immovable property such as sale, gift, mortgage, lease etc., which are from one living person to another. Rights may also be acquired by devolution of interest through a will or inheritance/ succession on death of the title/ interest holder. There is nothing in the M.P. Land Revenue Code, 1959 proscribing acquisition of rights under a will. Where there is no serious dispute raised by any natural legal heir, if any, of the tenure holder, in absence of any legal bar, mutation based on a will should not be denied as it would defeat the interest of Revenue. 

Tarachandra v. Bhawarlal [2025] GCtR 1887 (SC)

Scope of Section 9 of Arbitration and Conciliation Act, 1996 Answered in a recent Judgment passed in July 2026

Scope of Section 9 of Arbitration and Conciliation Act, 1996 Answered in a recent Judgment passed in July 2026 S.9 of Arbitration and Concil...