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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

Process of selection – The appellants have challenged before the court the alleged arbitrary decision of the Government in conducting a special recruitment test against the Rules and Guidelines issued for the recruitment of Computer Instructors and also by altering the minimum qualifying marks from 50% to 35% so as to absorb a larger number of candidates of its choice

(2009) 9 JT 70 : (2009) 9 SCALE 319 : (2009) 14 SCC 517 SUPREME COURT OF INDIA T. NADU COMPUTER SC B.ED. G.T. WELF. SOCIETY — Appellant Vs. HIGHER…

The negligence of the first respondent and the liability of the second respondent as the insurer are beyond dispute at the present juncture. The only arena is to figure out what should be the correct compensation awardable to the claimants – The Tribunal had awarded interest at the rate of 6% per annum from the date of the award but the High Court chose to curb it to 3% per annum.

(1999) ACJ 1299 : (1998) 9 JT 191 : (1998) 8 SCC 421 SUPREME COURT OF INDIA DR K.R. TANDON (MRS) — Appellant Vs. OM PRAKASH AND ANOTHER — Respondent…

Award of compensation – Appeal has been filed on behalf of the Karnataka State-Road Transport Corporation challenging the validity of the award given by the Motor Accidents Claims Tribunal-V, Bangalore City in a motor accident case which has been affirmed by the High Court – The respondent filed a cross-objection and sought enhancement of the amount of compensation including the rate of interest.

  (1999) ACJ 1278 : (1998) 9 JT 198 : (1998) 8 SCC 424 SUPREME COURT OF INDIA KARNATAKA STATE ROAD TRANSPORT CORPORATION — Appellant Vs. R. SETHURAM AND ANOTHER…

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