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Insurance Law — Fire Insurance Claim — Assessment of Loss — Survey Report — Admissibility and Weightage — Admissibility of Survey Report as Primary Evidence — In insurance claims, a survey report, prepared by an expert after physical inspection, is considered primary and significant evidence — It cannot be disregarded without strong contrary evidence showing arbitrariness or unreasonableness. Consumer Protection Act, 2019 — Section 2(1)(d) — Consumer — A person purchasing a vehicle for business to earn livelihood is a consumer. — Deficiency in service — No deficiency in service if a vehicle model is not available and another available model is given to the buyer as per mutual understanding and agreement, and the buyer fails to make payments for the second vehicle. Regularisation of contractual/ad hoc employees — Notifications dated 16.06.2014 and 18.06.2014, which sought to regularise the services of Group ‘B’, ‘C’, and ‘D’ employees were found to be valid as they aimed to provide benefits to employees left out from a previous regularisation policy and had clear criteria for eligibility such as working on sanctioned posts and possessing necessary qualifications. Environmental Law and Wildlife Protection — Illegal Sand Mining — Supreme Court’s Suo Motu Cognizance — The Supreme Court took suo motu cognizance of rampant illegal sand mining in the National Chambal Gharial Sanctuary, recognizing its severe impact on wildlife habitats, including endangered Gharials. The Court issued notices to concerned states and authorities, highlighting that such destruction of habitats violates environmental protection laws like the Wild Life (Protection) Act, 1972 and the Environment (Protection) Act, 1986. Arbitration and Conciliation Act, 1996 — Clause 25 of Bill of Lading — Interpretation of “can” — A clause stating that disputes “can be settled by arbitration” does not create a mandatory arbitration agreement — It implies a future possibility and requires further agreement between the parties to refer disputes to arbitration, as opposed to a definitive commitment.
Service Matters

Mistake of State who issued impugned circular – State was not justified in ordering recovery of the excess amount paid with interest, more particularly, when it is reported that some of the doctors/dentists – members of the association have retired on attaining the age of superannuation and the recovery shall be from their pension/pensionary benefits.

SUPREME COURT OF INDIA DIVISON BENCH M.P. MEDICAL OFFICERS ASSOCIATION — Appellant Vs. THE STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

Arbitration Law – Unilateral determination of fees by Arbitrators – A unilateral determination of fees violates the principles of party autonomy and the doctrine of the prohibition of in rem suam decisions, i.e., the arbitrators cannot be a judge of their own private claim against the parties regarding their remuneration

SUPREME COURT OF INDIA FULL BENCH OIL AND NATURAL GAS CORPORATION LTD. — Appellant Vs. AFCONS GUNANUSA JV — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Surya Kant and…

Companies Act, 1956 – Section 430 – Civil Court’s jurisdiction – Nothing in the Companies Act 2013 or any other law for the time being in force vests either the National Company Law Tribunal or the National Company Law Appellate Tribunal with the jurisdiction to adjudicate upon a challenge to the RBI Circular – Hence, the bar in Section 430 is not attracted.

SUPREME COURT OF INDIA FULL BENCH SECURITIES AND EXCHANGE BOARD OF INDIA — Appellant Vs. RAJKUMAR NAGPAL AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Surya Kant…

Cr P C – HELD Quashing – being the members of the Selection Committee, who relied on the documents placed on record without any verification on the assumption that the documents being genuine, recommended his case for appointment and because they are the members of the Selection Committee, that in itself would not, in any manner, implicate them in the commission of crime,

SUPREME COURT OF INDIA DIVISON BENCH MUNNA PRASAD VERMA — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Ajay Rastogi and B.V. Nagarathna, JJ. ) Criminal…

Mandatory nature of the twin conditions has to be satisfied before an auction sale can be set aside under Order 21 Rule 90(3) – No sale could be set aside unless the Court is satisfied that the applicant has sustained substantial injury by reason of irregularity or fraud in completing or conducting the sale.

SUPREME COURT OF INDIA FULL BENCH M/S. JAGAN SINGH AND CO. — Appellant Vs. LUDHIANA IMPROVEMENT TRUST AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, S. Ravindra Bhat…

Maharashtra Regional Town Planning Act, 1966 HELD Respondent No. 2 validly exercised its powers under the MMC Act to direct the acquisition of the Appellants’ land. The argument by the Appellants that the MRTP Act maintains supremacy over the MMC Act is not the correct position of law, in our opinion, and the two statutes exist side-by-side with some degree of overlap. The powers under the MMC Act remain intact even in cases where they cover a subject that is also provided for in the MRTP Act.

SUPREME COURT OF INDIA DIVISON BENCH DR. ABRAHAM PATANI OF MUMBAI AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Surya Kant and…

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