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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.

Criminal Procedure Code, 1973 (CrPC) – Section 386(a) – Reversal of order of acquittal – Section 386(a) places no restrictions on power of appellate Court to convert order of acquittal into conviction – However, there should be good and compelling reasons for appellate Court to convert order of acquittal into conviction.

  (2011) 10 JT 77 : (2011) 9 SCALE 59 SUPREME COURT OF INDIA C. RONALD AND ANOTHER — Appellant Vs. STATE, U.T. OF ANDAMAN AND NICOBAR ISLANDS — Respondent…

Penal Code, 1860 (IPC) – Section 304 – Custodial death – Nature of offence – Injuries found on body of deceased were confined to skin and upper level of body – In this case of custodial death it is found by the medical evidence that the injuries were confined to the skin and upper level of the body. Grievous injuries were not found on vital parts of the body like head, liver, spleen, heart, lungs, etc. The duration of the injuries were widely variant.

  (2006) ACJ 1002 : AIR 2005 SC 402 : (2005) CriLJ 320 : (2004) 10 JT 547 : (2004) 9 SCALE 390 : (2005) 9 SCC 631 : (2004)…

Criminal Procedure Code, 1973 (CrPC) – Section 406 – Delhi Special Police Establishment Act, 1946 – Section 6 – Transfer of CBI case – Once a State Government issues notification transferring investigation to CBI, for all intents and purposes, CBI is entitled to exercise the same powers as State Police, in relation to investigation transferred to it

  AIR 2011 SC 1549 : (2011) CriLJ 997 : (2010) 12 JT 641 : (2011) 1 RCR(Criminal) 120 : (2010) 12 SCALE 199 : (2011) 1 SCC 307 :…

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