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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.

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 – Section – 12(3)(a), 12(3)(b) – Possession of the suit premises – Predecessor in interest of the respondents instituted a suit under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the Act) for possession of the suit premises against the appellants-tenants.

  (1995) 7 JT 400 : (1995) 5 SCALE 481 : (1995) 6 SCC 576 SUPREME COURT OF INDIA LAXMIKANT REVCHAND BHOJWANI AND ANOTHER — Appellant Vs. PRATAPSING MOHANSINGH PARDESHI…

Transfer of Property Act, 1882 – Section 76(c) – Mortgage – Redemption of – Mortgagee claiming himself to be in occupation of land as tenant – No consent of mortgagor for creation of tenancy by mortgagee – In terms of mortgage deed – Mortgagee neither managed property as a tenant nor inherited tenancy rights under Tenancy Act – Mortgagee cannot claim any tenancy right in respect of land.

  (2001) 1 JT 401 : (2000) 8 SCALE 463 : (2000) 5 SCR 756 Supp : (2001) AIRSCW 9 SUPREME COURT OF INDIA PURAN CHAND (D) THROUGH LRS. AND…

Dishonour of Cheque–Notice–An omnibus notice without specifying as to what was the amount due under the dishonoured cheque would not subserve the requirement of law. Dishonour of Cheque–Notice–Demand of payment within 10 days–Whether notice valid ? YES. Dishonour of Cheque–Notice–Unless a notice is served in conformity with Proviso (b) appended to Section 138 of the Act, the complaint petition would not be maintainable.

2007(5) LH (SC) 3404  IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 525 of 2005…

Dowry Death—Dowry demand—Defence version that since the accused possessed scooter as well as motorcycle, there was no necessity to make demand of scooter ; is totally irrelevant. Remarks by Judge—If that part of the evidence is not consistent with the facts on record, the Court may not accept it. But only for that reason, the Court should not make disparaging remarks.

  2007(4) LAW HERALD (SC) 3380 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce C.K. Thakker The Hon’ble Mr. Jusitce P. Sathasivam Criminal Appeal No. 1612 of…

Decree obtained by fraud—Such a judgment, decree or order —by the first Court or by the final Court— has to be treated as nullity by every Court. When sale to become absolute be set aside—Where a third party challenges the judgment-debtor’s title by filing a suit against the auction-purchaser, the decree holder and the judgment-debtor should be necessary parties to that suit and if the suit is decreed, the Court shall direct the decree-holder to refund the money to the auction-purchaser.

  2007(4) LAW HERALD (SC) 3365 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4727…

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