Supreme Court of India Judgements

46448 Judgements hosted as on 05/05/2024 - Search (FREE), Subscribe, Read & Download

Category: Consumer

Consumer

Consumer Law – Medical Negligence – – the respondent filed a review petition with the NCDRC, which granted it ex parte, reducing the compensation to Rs. 2 lakhs and stating that the respondent had already paid the amount – The appellant then filed a review petition with the Supreme Court, which reinstated the original order of Rs. 2 lakhs with interest at 12% – The Supreme Court also imposed a cost of Rs. 50,000 on the respondent for making a false representation

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P.C. JAIN — Appellant Vs. DR. R.P. SINGH — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Civil Appeal No(S). …of…

Consumer

Consumer Law – Policy – Supreme Court held that the date of issuance of the policy would be the relevant date for all the purposes and not the date of proposal or the date of issuance of the receipt – The appeals were accordingly allowed and the orders passed by the National Consumer Disputes Redressal Commission were set aside.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RELIANCE LIFE INSURANCE COMPANY LTD. AND ANOTHER — Appellant Vs. JAYA WADHWANI — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. )…

Consumer

Insurance Claim – Replacement of Car – On account of damage caused to BMW Car due to accident – In case of total loss/constructive total loss, instead of paying the amount, the insurer has an option available to replace the vehicle with a new one – Thus, it is not the right of the insured under the policy conditions to always claim replacement of the car – It is at the option of the insurer

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. — Appellant Vs. MUKUL AGGARWAL AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Consumer

Consumer Complaint – Deficiency of service or defect – Adverse reaction due to administration of vaccine Engerix-B – Non-mentioning of myositis being suffered as an adverse reaction in the literature accompanying the injection or on the vial not amounts to deficiency of service, more particularly when the adverse reaction was minimal only to the extent of 0.02 in one million – If the matter is looked at from its correct perspective it is seen that except for the appellant assuming that he has suffered myositis and the cause for the same was the Engerix-B vaccine being administered, the same has not been established with the minimal required evidence to conclude even on preponderance of probability – Complaint dismissed

Nov 1, 2023 sclaw

(2023) 11 SCALE 325 SUPREME COURT OF INDIA DIVISION BENCH PRAKASH BANG — Appellant Vs. GLAXO SMITHKLINE PHARMACEUTICALS LTD. AND ANOTHER — Respondent ( Before : A.S. Bopanna and Prashant…

Consumer Medical Negligence

Medical negligence – Adopting an alternative medical course of action would not amount to medical negligence – After the difficulties faced during the ‘Tracheostomy Tube’ (TT) decannulation process and the discovery of a stridor, opting for the ‘Nasotracheal Intubation’ (NI) procedure as an alternative course of treatment to aid respiration could be medically justified as well

Oct 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M.A BIVIJI — Appellant Vs. SUNITA AND OTHERS — Respondent ( Before : Manoj Misra and Hrishikesh Roy, JJ. ) Civil Appeal No. 3975,…

Consumer

Medical Negligence – The standard to be applied for judging, whether the person charged has been negligent or not, would be that of an ordinary competent person exercising ordinary skill in that profession. It is not possible for every professional to possess the highest level of expertise or skills in that branch which he practices. A highly skilled professional may be possessed of better qualities, but that cannot be made the basis or the yardstick for judging the performance of the professional proceeded against on indictment of negligence.

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MRS. KALYANI RAJAN — Appellant Vs. INDRAPRASTHA APOLLO HOSPITAL AND OTHERS — Respondent ( Before : Prashant Kumar Mishra and A.S. Bopanna, JJ. )…

Consumer

“Commercial Purpose” – Even purchases in certain situations for ‘commercial purposes’ would not take within its sweep the purchaser out of the definition of expression ‘consumer’ -if the commercial use is by the purchaser himself for the purpose of earning his livelihood by means of self-employment, such purchaser of goods would continue to be a ‘consumer’.

Sep 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ROHIT CHAUDHARY AND ANOTHER — Appellant Vs. M/S VIPUL LTD. — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ. ) Civil…

Consumer

HELD that the leak of ammonia gas was not occasioned due to wear and tear (as claimed by the Respondent) but was the outcome of an accident[1] which was not foreseen and beyond its control and not covered by any of the exceptions in the Refrigeration Policy (Exception Clause 3) so as to entitle the Respondent to claim immunity for the ultimate purpose of repudiating the insurance claim lodged by the Appellant – Payment of Rs. 2,25,00,000/- in full and final.

Aug 10, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH S.S. COLD STORAGE INDIA PVT. LTD. — Appellant Vs. NATIONAL INSURANCE COMPANY LIMITED — Respondent ( Before : A.S. Bopanna and Dipankar Datta, JJ.…

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I P C

Penal Code, 1860 (IPC) – Sections 120-B read with Section 420 – Cheating – The case involves fraudulent transactions by accused in connivance with Indian Bank officials resulting in interest-free advances to the petitioners – The main issue is whether the petitioners were involved in cheating the bank and if they availed any undue benefit from the fraudulent transactions – The petitioners argued that they were not involved in the cheating, had not availed any undue benefit, and that the transactions were normal business dealings – The court dismissed the Special Leave Petitions, upholding the Trial Court’s conviction of the petitioners for cheating the bank through unauthorized transactions.

May 5, 2024 sclaw
Limitation

Limitation Act, 1963 – Section 5 – Condonation of Delay – Delay of 1663 days – The State of U.P. filed a SLP against an order dated 13.11.2009 by the Allahabad High Court, with a delay of 1,633 days – The main issue was the condonation of the significant delay in filing the SLP – The State argued that the delay was due to the time taken for obtaining legal opinion and permissions, and later, the realization that the appeal was not filed initially – The application for condonation of delay was dismissed, and consequently, the SLP was also dismissed – The court found the explanation for the delay unsatisfactory, especially since the State was aware of the High Court’s order when it was passed – The court did not find sufficient cause to condone the delay, leading to the dismissal of the SLP.

May 5, 2024 sclaw
Property Matters

Partition Suit – The dispute involves partition of properties left by Late ‘R’ with the main contention over roof rights of a property in Kota and another in Jaipur – The primary issue is the valuation of roof rights for further construction and the equal distribution of property among co-sharers – The appellants argue that the valuation report failed to assess the value of roof rights, which would affect the overall property valuation and entitlement of co-sharers – The respondents maintain that the property valuation and shares were appropriately determined by the approved Valuer and upheld by both the Trial Court and High Court – The Supreme Court dismissed the appeal, finding no merit in revaluating the property or altering the determined shares of the parties – The Court emphasized the importance of family ties over property disputes and suggested alternative dispute resolution methods for amicable settlements – The Court referenced the case of Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited, advocating for ADR in family-related property disputes – The Supreme Court concluded that revisiting the valuation and partition would only prolong litigation and upheld the decisions of the lower courts.

May 5, 2024 sclaw
Constitution Municipal Laws

West Bengal Municipal(Building) Rules, 2007 – Rule 50 – Open spaces for building in areas other than municipalities in hill areas – The appellants challenge the High Court of Calcutta’s order regarding a contempt petition related to their residential property construction and its compliance with Rule 50 of Rules, 2007 – The appellants argue that the writ petition was a private matter and should not have been entertained by the High Court – They also claim that municipal authorities are unfairly pressuring them due to the contempt proceedings – The respondent claims that the appellants violated the sanctioned building plan, justifying the High Court’s direction for an enquiry – The Supreme Court allowed the appellants to challenge the enquiry report and show cause notice, ensuring their objections would be considered objectively without prejudice from the contempt or writ proceedings – The court expressed reservations about the High Court’s exercise of writ jurisdiction in a private dispute and suggested the civil court as the appropriate forum for grievances – The appeal was disposed of with the appellants given the liberty to challenge the enquiry report and show cause notice, without cost order.

May 5, 2024 sclaw