Supreme Court of India Judgements

467720 Judgements hosted as on 13/04/2025 - Search (FREE), Subscribe, Read & Download

Category: Consumer

Consumer

Insurance Law — Condition Precedent — Absurd Consequences — A term in an insurance policy will not be construed as a condition precedent to liability if doing so leads to absurd results, rendering the insurance cover ineffective under foreseeable circumstances (requiring voyage completion before monsoon, which might be prevented by an insured peril itself) — Such conditions may be disregarded if they vitiate the fundamental purpose of the insurance contract

Apr 13, 2025 sclaw

2025 INSC 453 SUPREME COURT OF INDIA DIVISION BENCH SOHOM SHIPPING PVT. LTD. Vs. M/S. THE NEW INDIA ASSURANCE CO. LTD. AND ANOTHER ( Before : B. V. Nagarathna and…

Consumer

The complainant contended that the basis of valuation as mentioned in clause-4.3 of the policy was “All exports-CIF + 10%”. This meant that the complainant had an insurable interest in the consignments until they were delivered to the buyer – The insurer argued that the basis of valuation was “FOB” and that the insurance coverage terminated on delivery of the consignment to the port of New York – The NCDRC rejected the review application, holding that the complainant had not proved that the basis of valuation was “All exports-CIF + 10%” – The NCDRC also held that the NCDRC had not erred in holding that the insurance coverage terminated on delivery of the consignment to the warehouse.

Feb 5, 2025 sclaw

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION   RENAISSANCE RTW (ASIA) (P) LTD. Vs. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD ( Before : Ram Surat Ram Maurya, Presiding Member and Bharatkumar Pandya,…

Consumer

The flat was purchased for the personal use of one of its directors and his family — The appellant created confusion by double allotment of the flat and unfairly forfeited the deposited amount —The NCDRC ruled in favor of the respondent, directing the appellant to refund the deposited amount with interest — The Supreme Court upheld this decision —The respondent was considered a consumer as the flat was for personal use — The appellant’s actions were deemed deficient and unfair due to the double allotment and premature cancellation —

Aug 29, 2024 sclaw

2024 INSC 629 SUPREME COURT OF INDIA DIVISION BENCH OMKAR REALTORS AND DEVELOPERS PVT. LTD. — Appellant Vs. KUSHALRAJ LAND DEVELOPERS PVT. LTD. AND ANOTHER — Respondent ( Before :…

Consumer

Consumer Law — Housing — Delay in delivery of possession of the Flat — Appellants purchased a flat from a developer but faced significant delays in receiving possession — They filed a complaint seeking a refund and interest — The National Consumer Disputes Redressal Commission (NCDRC) partly allowed the complaint, ordering the developer to refund the full amount paid along with interest at 9% per annum — On appeal, the Supreme Court upheld the refund order but increased the interest rate to 12% per annum from the date of deposit until the refund. The court also dismissed other claims for compensation.

Aug 18, 2024 sclaw

2024 INSC 557 SUPREME COURT OF INDIA DIVISION BENCH VIDYA AND OTHERS — Appellant Vs. M/S PARSVNATH DEVELOPERS LTD — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ.…

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Specific Performance

A buyer’s continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance

Apr 15, 2025 sclaw
Service

The 18-month Diploma in Elementary Education (D. El. Ed.) programme conducted by the National Institute of Open Schooling (NIOS) through Open Distance Learning (ODL) mode, pursuant to the NCTE Recognition Order dated 22.09.2017, was a specific, one-time measure necessitated by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017

Apr 15, 2025 sclaw
I B C Limitation

The statutory limitation period for filing an appeal before the National Company Law Appellate Tribunal (NCLAT) under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 (IBC) is thirty days, commencing from the date of pronouncement of the order by the National Company Law Tribunal (NCLT) — The NCLAT possesses discretion to condone delay for a further period not exceeding fifteen days, upon satisfaction of sufficient cause

Apr 14, 2025 sclaw
Service

Rule 6(2) WB Primary Teacher Rules incorporates prevailing NCTE norms, not fixing a qualification acquisition cut-off date.

Apr 14, 2025 sclaw