Supreme Court of India Judgements

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Category: Consumer

Consumer

Medical Negligence–It is not to be necessary for every professional to possess the highest level of expertise in that branch in which he practices Medical Negligence—A doctor cannot be said to be negligent if he is acting in accordance with a practice accepted as proper by a reasonable body of medical men skilled in that particular branch of medicine

Apr 29, 2019 sclaw

2019(2) Law Herald (SC) 962 : 2019 LawHerald.Org 776 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Sanjay Kishan Kaul Civil Appeal…

Consumer

Medical Negligence—Patient was admitted with dengue fever in hospital–Hospital failed to regularly monitor the blood parameters of the patient during the course of the day as recommended in medical practice-Patient died due to cardiac arrest—Hospital held to be negligent. Medical Negligence—Standard of Proof—Where unreasonableness in professional conduct has been proven, a professional cannot escape liability for medical evidence merely by relying on opinion of a body of professionals

Apr 21, 2019 sclaw

2019(2) Law Herald (SC) 915 : 2019 LawHerald.Org 729 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

Consumer

The S C O I has upheld the judgment of the NCDRC against Jaiprakash Associate Limited (JAL) on the issue of maintainability of consumer complaints before NCDRC. It validates the maintainability of consumer claims of homebuyers against Jaypee for refunds and damages on account of delayed possession.

Apr 20, 2019 sclaw

  1   IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION   CIVIL APPEAL NO(S).11320-11329 OF 2018   JAIPRAKASH ASSOCIATE LTD.                                                          APPELLANT(S)   VERSUS   GAURAV GOYAL & ANR.…

Consumer

Section 64VB(2) of the Insurance Act, 1938 provides that: “For the purposes of this section, in the case of risks for which premium can be ascertained in advance, the risk may be assumed not earlier than the date on which the premium has been paid in cash or by cheque to the insurer.” It is the admitted position that the deceased husband of the Appellant had paid the insurance premium by a Demand Draft in favour of the Insurance Company.–As a consequence, the risk would be covered from the date of payment of the insurance premium. The loan was secured from the date on which the insurance premium was paid. The premium having been paid by the Appellant’s husband during his life-time, the loan was to be adjusted from the insurance policy

Apr 17, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASHATAI W/O ANAND DUPARTE — Appellant Vs. SHRIRAM CITY UNION FINANCE LTD. — Respondent ( Before : Uday Umesh Lalit and Indu Malhotra, JJ.…

Consumer

Malaria is most commonly transmitted to humans through malaria virus infested mosquito bites, and when a virus is contracted through normal means brought about by everyday life it cannot be deemed to be an unexpected or unforeseen accident — HELD the illness of encephalitis malaria through a mosquito bite cannot be considered as an accident. It was neither unexpected nor unforeseen. It was not a peril insured against in the policy of accident insurance

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE BRANCH MANAGER NATIONAL INSURANCE CO. LTD. — Appellant Vs. SMT. MOUSUMI BHATTACHARJEE AND OTHERS — Respondent ( Before : Dr Dhananjaya Y. Chandrachud…

Consumer

Insurance—Where due to deficiency in service, the complainant has suffered loss of benefits of an escalation in his investment value than mere direction for refund of payment along with interest will not provide sufficient redressal of his grievance—Heavy Compensation amount over and above such amount should be awarded

Mar 23, 2019 sclaw

2019(1) Law Herald (SC) 633 : 2019 LawHerald.Org 6O9 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hetnant Gupta Civil Appeal…

Consumer

Consumer Protection Act, 1986, S.27–Imposition of Penalty-Appellant was shown as Secretary of the Society during the relevant period—For the default committed by a Credit Society (non return of amount invested alongwith interest as assured) and in absence of any personal liability imposed on the appellant, no order for imprisonment can be ordered for imprisonment of appellant

Mar 17, 2019 sclaw

2019(1) Law Herald (SC) 572 : 2018 LawHerald.Org 2135 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. Subhash Reddy Hon’ble Mr. Justice Uday Umesh Lalit Civil Appeal…

Consumer

Consumer Protection Act, 1986, S. 12–Medical Negligence-Vegetative State–Child aged two and half years underwent minor survey but thereafter developed respiratory distress and has been reduced to a vegetative state–Forums below had awarded Rs. 10 lakhs as compensation payable jointly by surgeon and the anesthetist-Compensation enhanced further by Rs.7 lakhs

Mar 17, 2019 sclaw

2019(1) Law Herald (SC) 552 : 2019 LawHerald.Org 602 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjay Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

Consumer

Consumer Complaint—Arbitration Clause in agreement cannot oust the jurisdiction of consumer courts even after the amendments made in 2015 in Section 8 of Arbitration Act. Arbitration—Amendment of 2015—Scope of—Judicial authority can refuse reference to arbitration only on the ground that it prima facie finds that no valid arbitration agreement exists.

Feb 22, 2019 sclaw

2019(1) Law Herald (SC) 63 : 2018 LawHerald.Org 1961 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mr. Justice Ashok Bhushan Review Petitoin (C)…

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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