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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.

Uttar Pradesh Consolidation of Holdings Act, 1953 – Section 9A(2) – Partition – Preliminary decree for partition granted in the suit of the year 1929 was never given effect to – There was no evidence to show who among the two namely, ‘S’ and ‘R’ died first, the Deputy Director of Consolidation righty found it equitable to distribute ‘S’ 1/3rd share equally between the branches of ‘R’ and ‘J’.

SUPREME COURT OF INDIA DIVISON BENCH SARJU MISHRA (D) THR. LRS. AND OTHERS — Appellant Vs. JANGI (D) THR. LRS. AND OTHERS — Respondent ( Before : Hemant Gupta and…

Insurance Claim – Deficiency in service – Delay in processing the claim and delay in repudiation could be one of the several factors for holding an insurer guilty of deficiency in service – But it cannot be the only factor – There was no categorical evidence of any deficiency in service on the part of the Insurance Company.

SUPREME COURT OF INDIA DIVISON BENCH M/S THE NEW INDIA ASSURANCE CO. LTD. AND ANOTHER — Appellant Vs. SHASHIKALA J. AYACHI — Respondent ( Before : Hemant Gupta and V.…

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