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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 376 – Disclosure of identity of victim – Permissibility – Section 228 – A of the Indian Penal Code, 1860 (IPC) makes disclosure of identity of victim of certain offences punishable. Printing or publishing name of any matter which may make known the identity of any person against whom an offence under Sections 376, 376 – A, 376 – B, 376 – C, or 376 – D is alleged or found to have been committed can be punished

  AIR 2003 SC 4684 : (2004) CriLJ 1 : (2003) 2 JT 493 Supp : (2003) 8 SCALE 735 : (2003) 8 SCC 551 : (2003) 4 SCR 792…

Service Matters

Punjab Government National Emergency (Concession) Rules, 1965 – Rule 4 – Constitution of India, 1950 – Article – 14, 16 – Benefit of military service – Appeal arises out of a writ petition filed by Respondents 1 and 3 in the High Court of Punjab and Haryana wherein they assailed the seniority of the appellant in the Haryana Civil Service (Executive Branch)

  (1998) 9 JT 345 : (1997) 11 SCC 247 SUPREME COURT OF INDIA JAI PAL SINGH SANGWAN — Appellant Vs. D.V. BHATIA AND OTHERS — Respondent ( Before :…

Kerala Land Reforms Act, 1963 – Section – 85(8) – Delay in filling the application under section 85(8) – Appeal is directed against the judgment and order of the High Court of Kerala affirming the order of the Taluk Land Board dismissing the application of the appellants filed under Section 85(8) of the Kerala Land Reforms Act as barred by time

(1998) 9 JT 499 : (1997) 11 SCC 256 SUPREME COURT OF INDIA ALIPARAMBA MOHAMMED AND OTHERS — Appellant Vs. TALUK LAND BOARD AND OTHERS — Respondent ( Before :…

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