Supreme Court of India Judgements

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Category: Consumer

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.…

Consumer

Mere delay in intimating the insurance company about the occurrence of theft, especially when an insured has lodged the FIR immediately after the theft of a vehicle occurred and when the police after investigation have lodged a final report after the vehicle was not traced and when the surveyors/investigators appointed by the insurance company have found the claim of the theft to be genuine, should not be a sufficient ground to deny the insurance claim.

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASHOK KUMAR — Appellant Vs. NEW INDIA ASSURANCE CO. LTD. — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. ) Civil Appeal…

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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