Supreme Court of India Judgements

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Category: Consumer

Consumer

Medical negligence – Where the treatment is not successful or the patient dies during surgery, it cannot be automatically assumed that the medical professional was negligent – Indicate negligence there should be material available on record or else appropriate medical evidence should be tendered – Negligence alleged should be so glaring, in which event the principle of res ipsa loquitur could be made applicable and not based on perception

Sep 17, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. HARISH KUMAR KHURANA — Appellant Vs. JOGINDER SINGH AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. ) Civil…

Consumer

Consumer fora under the Act would not have jurisdiction to entertain the consumer complaints on the ground of deficiency in service related to transfer of title of the immovable property – It is not a case of the deficiency in service as contemplated by Consumer Act but definitely a case of exercise of jurisdiction in an arbitrary and discriminatory manner. Direct the Chandigarh Administration to decide the claim of conversion as on the date when consumer complaints were filed – Such action shall be taken within 3 months.

Sep 16, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ESTATE OFFICER AND ANOTHER — Appellant Vs. CHARANJIT KAUR — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. ) Civil Appeal No.…

Consumer

Consumer Protection Act, 1986 – Section 24A – Insurance Act, 1938 – Section 64- UM(c) – Fire Insurance Claim – Surveyor report – HELD the reliance placed on the surveyor’s report by the NCDRC without giving credence to the investigation report in the facts and circumstances of the instant case cannot be faulted – Accordingly, the amount as ordered by the NCDRC shall be payable with interest at 9% per annum instead of 12% per annum – Appeal allowed in part.

Aug 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL INSURANCE COMPANY LTD. — Appellant Vs. M/S. HARESHWAR ENTERPRISES (P) LTD. AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna,…

Consumer

Consumer Protection Act, 1986 – Section 2(d) – Subsequent Purchaser of Flat – Relief of interest on refund HELD The equities, in the opinion of this court, can properly be moulded by directing refund of the principal amounts, with interest @ 9% per annum from the date the builder acquired knowledge of the transfer, or acknowledged it.

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S LAUREATE BUILDWELL PRIVATE LIMITED — Appellant Vs. CHARANJEET SINGH — Respondent ( Before : Uday Umesh Lalit, Hemant Gupta and S. Ravindra Bhat,…

Consumer

Consumer Protection Act, 2019 – Pecuniary jurisdiction – Proceedings instituted before the commencement of the Act of 2019 on 20 July 2020 would continue before the fora corresponding to those under the Act of 1986 (the National Commission, State Commissions and District Commissions) and not be transferred in terms of the pecuniary jurisdiction set for the fora established under the Act of 2019.

Mar 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEENA ANEJA AND ANOTHER — Appellant Vs. JAI PRAKASH ASSOCIATES LIMITED — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and M.R. Shah, JJ.…

Consumer

Housing – Allotment of plot – Non-Participation of Allotment Process – Availability of the plot does not give any entitlement to a person who has no right to claim allotment – Any allotment has to be made in accordance with the procedure prescribed and the Rules of the Parishad

Feb 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH U.P. HOUSING AND DEVELOPMENT BOARD AND ANOTHER — Appellant Vs. NAMIT SHARMA — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ.…

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Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Dec 19, 2025 sclaw
Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw
Tenders & Contracts

Tender and Contract — Eligibility Criteria — Interpretation of “prime contractor” and “in the same name and style” — Requirement of work experience — Where an NIT’s pre-qualification document requires “each prime contractor in the same name and style (tenderer)” to have completed previous work, and the term “prime contractor” is undefined, its meaning must be derived from common parlance as the tenderer primarily responsible for the contract offer; however, the requirement must be construed from the standpoint of a prudent businessman, considering the credentials and capacity to execute the work, not merely the name. (Paras 17, 20, 21.3)

Dec 19, 2025 sclaw