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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

Payment of Gratuity Act, 1972 – Sections 1(3)(c), 2(a) and 3(1)(b) – Anganwadi centres – Right of Children to Free and Compulsory Education Act, 2009 – Section 11 – The 1972 Act will apply to Anganwadi centres and in turn to Anganwadi Workers (AWWs) and Anganwadi Helpers (AWHs) – Anganwadi centres are establishments contemplated by clause (b) of sub­section (3) of Section 1 of the 1972 Act

SUPREME COURT OF INDIA DIVISION BENCH MANIBEN MAGANBHAI BHARIYA — Appellant Vs. DISTRICT DEVELOPMENT OFFICER DAHOD AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…

Foreign Trade (Development and Regulation) Act, 1992 – Section 5 – Date of loading goods onto the vessel, which commenced one day prior to the effective date of the policy, is not as significant as the date on which the foreign buyer failed to pay for the goods exported, which was well within the coverage period of the Policy

SUPREME COURT OF INDIA FULL BENCH HARIS MARINE PRODUCTS — Appellant Vs. EXPORT CREDIT GUARANTEE CORPORATION (ECGC) LIMITED — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat, and…

Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 – Section 2(c) – Deposit – If the financial establishment is obligated to return the deposit without any increments, it shall still fall within the purview of Section 2(c) of the MPID Act, provided that the deposit does not fall within any of the exceptions –

SUPREME COURT OF INDIA FULL BENCH THE STATE OF MAHARASHTRA — Appellant Vs. 63 MOONS TECHNOLOGIES LTD. — Respondent ( Before : Dr Dhananjaya Y Chandrachud, Surya Kant and Bela…

Service Matters

Claim of back wages HELD It is needless to point out that in the first instance, there is an obligation on the part of the employee to plead that he is not gainfully employed. It is only then that the burden would shift upon the employer to make an assertion and establish the same.

SUPREME COURT OF INDIA DIVISION BENCH ALLAHABAD BANK AND OTHERS — Appellant Vs. AVTAR BHUSHAN BHARTIYA — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. ) Special Leave…

Voluntarily causing hurt by dangerous weapons – Conviction and sentence – When a person commits an offence of voluntarily causing hurt by dangerous weapons and means under Section 324 of Indian Penal Code, then such person shall be punished with imprisonment for a period of three years, or with fine

SUPREME COURT OF INDIA FULL BENCH ANUJ SINGH @ RAMANUJ SINGH @SETH SINGH — Appellant Vs. THE STATE OF BIHAR — Respondent ( Before : N.V. Ramana, CJI, Krishna Murari…

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