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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.

Penal Code, 1860 (IPC)-Section 300 – Murder – Custodial death – Case based on circumstantial evidence – Deceased allegedly brought to police station where he died of injuries from severe beating – No evidence about offence in regard to which deceased was brought to police station – No evidence to prove alleged beating – Prosecution case not supported by medical evidence – Circumstances not sufficient to prove guilt of accused – Conviction set-aside.

  AIR 1998 SC 370 : (1998) CriLJ 662 : (1998) 4 JT 384 : (1997) 7 SCALE 30 : (1998) 9 SCC 17 : (1997) 5 SCR 154 Supp…

Schedule Caste—Central and State Government directed to strictly enforce the provisions of SCST Act. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989-Non implementation of provisions—There has been a failure on the part of the concerned authorities in complying with the provisions of the Act and Rules

2017(1) Law Herald (SC) 193 : 2016 LawHerald.Org 2528 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice T.S. Thakur The Hon’ble Mr. Justice Dr. D. Y.…

Indian Penal Code, 1860, S.302 & S.149–Murder–Unlawful Assembly- Common ; Object-After having held that the appellants formed an unlawful assembly carrying dangerous weapons with the common object to resorting to violence (as described in the charge) it was not open to the High Court to acquit some of the members

2017(1) Law Herald (SC) 547 : 2017 LawHerald.Org 677 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice Dr. D.Y. Chandrachud Criminal…

Urban Land (Ceiling & Regulation) Act, 1976, S.6(ii)-Surplus Area-Right of Legal heirs–Original owner of land died intestate in 1947 leaving behind a widow, two sons and two daughters-Competent authority declared surplus land keeping in view that sons of owner did not contested the said proceedings

2017(1) Law Herald (SC) 524 : 2017 LawHerald.Org 674 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Madan B. Lokur The Hon’ble Mr. Justice Prafulla C. Pant…

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