Supreme Court of India Judgements

46670 Judgements hosted as on 9/12/2024 - Search (FREE), Subscribe, Read & Download

Category: Consumer

Consumer

Insurance Policy – Exclusionary Clause – It is trite to say that wherever such an exclusionary clause is contained in a policy, it would be for the insurer to show that the case falls within the purview of such clause – In case of ambiguity, the contract of insurance has to be construed in favour of the insured.

May 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL INSURANCE COMPANY LTD. — Appellant Vs. VEDIC RESORTS AND HOTELS PVT. LTD. — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi,…

Consumer

Standard Fire and Special Perils Policy – extent to which the claim of the appellant is required to be accepted and the respondent be directed to reimburse the same – – on the exchange of correspondence between surveyor and the appellant who brought on record additional material before the surveyor to indicate that the machinery cannot be repaired, the amount assessed was Rs.2,32,02,000 – Appeal partly allowed

May 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S SUPER LABEL MFG. CO. — Appellant Vs. NEW INDIA ASSURANCE COMPANY LIMITED — Respondent ( Before : A.S. Bopanna and Dipankar Datta, JJ.…

C P C Consumer

Civil Procedure Code, 1908 (CPC) – Order 1 Rule 8 – Consumer Protection Act, 2019 – Section 12(1)(c) – there is no question of Order I Rule 8 CPC being complied with as they do not represent the others, particularly when there is no larger public interest involved. Such complainants seek reliefs for themselves and nothing beyond.

May 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ALPHA G184 OWNERS ASSOCIATION — Appellant Vs. MAGNUM INTERNATIONAL TRADING COMPANY PVT. LTD. — Respondent ( Before : J.K. Maheshwari and M. M. Sundresh,…

Consumer

Consumer Protection Act, 1986 – Section 2(d) – For award of compound interest – award of compound interest in the present case had neither any foundation in the record nor any backing in law nor the Consumer Fora took care to examine the contours of their jurisdiction and the requirements of proper assessment, if at all any compensation and/or punitive damages were sought to be granted. The impugned orders are difficult to be sustained.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S SUNEJA TOWERS PRIVATE LIMITED AND ANOTHER — Appellant Vs. ANITA MERCHANT — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ. )…

Consumer

“Consumer” – Commercial purpose – whether the insurance service has a close and direct nexus with the profit generating activity and whether the dominant intention or dominant purpose for the transaction was to facilitate some kind of profit generation for the purchaser and/or their beneficiary – Insured is a commercial enterprise is unrelated to the determination of whether the insurance policy shall be counted as a commercial purpose

Apr 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL INSURANCE CO. LTD. — Appellant Vs. HARSOLIA MOTORS AND OTHERS — Respondent ( Before : Ajay Rastogi and C.T. Ravikumar, JJ. ) Civil…

Consumer

HELD Impugned orders passed by the National Commission and that of the State Commission are required to be modified to the extent holding the developer liable to pay compensation under clause 9(c) of the Flat Buyer Agreement to the extent of 70% and 30% liability would be upon the Chandigarh Housing Board.

Apr 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PARSVNATH DEVELOPERS LTD. — Appellant Vs. GAGANDEEP BRAR AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil Appeal…

Banking Consumer

Consumer Protection Act, 1986 – Section 2(i)(g) – proceedings before the Commission being summary in nature, the complaints involving highly disputed questions of facts or the cases involving tortious acts or criminality like fraud or cheating, could not be decided by the Forum/Commission HELD burden of proving the deficiency in service would always be upon the person alleging it.

Mar 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE CHAIRMAN & MANAGING DIRECTOR, CITY UNION BANK LIMITED AND ANOTHER — Appellant Vs. R. CHANDRAMOHAN — Respondent ( Before : Ajay Rastogi and…

You missed

Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw