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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.

Hindu Marriage Act, 1955 – Sections 5(v), 7 and 7(1) – Special Marriage Act, 1954 – Section 24 – Evidence Act, 1872 – Sections 101, 102 and 103 – Suit for partition – Certificate of registration of marriage – In the agreement of marriage, it is only stated that both parties are of same caste and with the permission and consent of both of their fathers, they have entered into this agreement of marriage – This type of marriage is not recognized in law as Section 7 of the Act

SUPREME COURT OF INDIA DIVISION BENCH RATHNAMMA AND OTHERS — Appellant Vs. SUJATHAMMA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Civil Appeal…

Service Matters

All India Services Act, 1951 – Section 3 – Indian Administrative Service (Appointment by Promotion) Regulations, 1955 – Regulations 5(1), 5(2), 5(4), 5(5), 6, 6A and 7 – Review of promotions made to the Indian Administrative Service (IAS) for the year 2004 – High Court was not right in holding that the Selection Committee has miserably failed to assess all the aspects of the case in their proper perspective and that the promotions made to the IAS for the vacancies of the year 2004 is vitiated and the same is to be reviewed. Judgement set aside.

SUPREME COURT OF INDIA FULL BENCH UNION PUBLIC SERVICE COMMISSION — Appellant Vs. JAWAHAR SANTHKUMAR AND OTHERS — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ.…

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – Sections 20(4) and 21(1)(a) – Transfer of Property Act, 1882 – Sections 8 and 109 – Release of property – Bonafide occupation – when the appellant has established that he is the owner of the property and the same is required for his bonafide occupation, the release of the premises in any event, is required to be made.

SUPREME COURT OF INDIA FULL BENCH SANTOSH CHATURVEDI — Appellant Vs. KAILASH CHANDRA AND ANOTHER — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ. ) Civil…

“…..the issue arose was whether the purchase of flats for the purpose of providing accommodation to nurses employed by the trust’s hospital qualifies as a ‘purchase of services for a commercial purpose’? HELD NO by SC “The provision of hostel facilities to nurses so as to facilitate better medical care is a positive duty enjoined upon the hospital so as to maintain the beneficial effects of the curative care efforts undertaken by it. “

Hospitals Have Duty To Provide Hostel Facilities To Nurses: SC Summarizes Principles To Determine ‘Commercial Purpose’ [Read Judgment] BY: ASHOK KINI15 Nov 2019 3:43 PM “The provision of hostel facilities…

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