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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

Service Law–Seniority–Classification on the basis those who cleared test in time and those who cleared late though with permission—Held; when the Rules did not provide for creation of two classes between the employees working on one cadre; such a classification is not justified.

2017(1) Law Herald (SC) 458 : 2017 LawHerald.Org 607 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chelameswar  The Hon’ble Mr. Justice Abhay Manohar Sapre Civil…

Quashment—Agreement to Sell—Non performance of contract—Dispute is of civil nature—FIR against seller quashed. Cheating—Mere failure to subsequently keep a promise, one cannot presume that he all along had a culpable intention to break the promise from the beginning. Non-Bailable Warrants—When to be issued—Explained.

  2007(4) LAW HERALD (SC) 3288 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jutsitce R.V. Raveendran, CJI The Hon’ble Mr. Justice Dalveer Bhandari Criminal Appeal No. 1392…

As a result of accident, appellant suffered 26% disability of right lower limb, 25% disability due to urethral injury and 38% disability to whole body – Even though disability suffered by appellant is not 100%, his working capacity has been reduced to zero – Competent Court is entitled to award higher compensation to victim of accident – Amount of compensation enhanced to Rs. 8,37,640/-.

  (2012) ACJ 191 : (2011) 13 JT 205 : (2012) 1 RCR(Civil) 509 : (2011) 12 SCALE 658 : (2012) 1 TAC 376 : (2012) 1 UJ 89 SUPREME…

Modvat credit – Learned counsel for the appellant pointed out a circular by which Modvat credit has been given on inputs like chemicals and resins, etc. used in the manufacture of sand moulds for subsequent production of iron castings. Learned counsel also pointed out that in respect of the same goods, in the Jamshedpur factory of the same assessee, this benefit has been given to the appellant – Appeal allowed.

  (1998) 79 ECR 513 : (1997) 92 ELT 4 : (1998) 7 JT 474 : (1998) 9 SCC 176 SUPREME COURT OF INDIA TELCO LIMITED, PUNE — Appellant Vs.…

Criminal Procedure Code, 1973 (CrPC) – Section 321 – Withdrawal from prosecution – Dismissal of application by Trial Court and High Court – Prosecution of MLA for submitting false and fabricated medical bills – Ethics Committee having accepted apology recommended for withdrawal of criminal case pending against appellant but Courts below refused to oblige – Application for withdrawal filed by Public Prosecutor was not based on his own independent application of mind

  (2009) 12 JT 198 : (2009) 15 SCC 604 : (2009) 13 SCR 494 SUPREME COURT OF INDIA SRI YERNENI RAJA RAMCHANDER @ RAJABABU — Appellant Vs. STATE OF…

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