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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.

Provisions of Section 24(2) providing for a deemed lapse of proceedings are applicable in case authorities have failed due to their inaction to take possession and pay compensation for five years or more before the 2013 Act came into force – HELD The period of subsistence of interim orders passed by court has to be excluded

SUPREME COURT OF INDIA DIVISON BENCH AYODHYA FAIZABAD DEVELOPMENT AUTHORITY AND ANOTHER — Appellant Vs. RAM NEWAJ AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Consumer – Vehicle Stolen – refused to settle the claim on non ­submission of the duplicate certified copy of certificate of registration, which the appellant could not produce due to the circumstances beyond his control – Insurance Company directed to pay Rs.12 lakhs insurance along with interest @7 per cent from the date of submitting the claim.

SUPREME COURT OF INDIA DIVISON BENCH GURMEL SINGH — Appellant Vs. BRANCH MANAGER, NATIONAL INSURANCE CO. LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Service Matters

Central Civil Services (Fixation of Pay of Re-employed Pensioners) Order, 1986 – Para 8 – The reference to the last drawn pay in the armed forces is only to ensure that the pay computed in the civil post in the manner envisaged in para 8 of CCS Order does not exceed the basic pay (including the deferred pay but excluding other emoluments) last drawn by the personnel in the armed forces.

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA — Appellant Vs. ANIL PRASAD — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No. 4073…

Death sentence Confirmed – Kidnapping, Rape and murder of Mentally challenged Seven-and-a-half-year-old girl – Even the alternative of awarding the sentence of imprisonment for whole of the natural life with no remission does not appear justified in view of the nature of crimes committed by the appellant and looking to his incorrigible conduct.

SUPREME COURT OF INDIA FULL BENCH MANOJ PRATAP SINGH — Appellant Vs. THE STATE OF RAJASTHAN — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and C.T. Ravikumar, JJ. )…

Maharashtra Control of Organised Crime Act, 1999 – Section 2(1)(e) – Organised crime – Actual use of violence is not always a sine qua non for an activity falling within the mischief of organised crime, when undertaken by an individual singly or jointly as part of organised crime syndicate or on behalf of such syndicate

SUPREME COURT OF INDIA DIVISON BENCH ABHISHEK — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ. ) Criminal Appeal No.…

Mandate of Section 207 of CrPC cannot be read as a provision etched in stone to cause serious violation of the rights of the accused as well as to the principles of natural justice – It must be emphasized that prosecution by the State ought to be carried out in a manner consistent with the right to fair trial, as enshrined under Article 21 of the Constitution.

SUPREME COURT OF INDIA FULL BENCH S.P. VELUMANI — Appellant Vs. ARAPPOR IYAKKAM AND OTHERS — Respondent ( Before : N.V. Ramana, CJI, Krishna Murari and Hima Kohli, JJ. )…

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