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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.

Constitution of India, 1950 – Article 16 – Daily wager – Regularisation of service – Respondents employed on daily wages – High Court directed that on basis of Notification G.O.Ms No. 212, respondent employees shall be regularised w.e.f. the date they completed five years of continuous service

  AIR 1999 SC 1601 : (1998) SCC(L&S) 1747 SUPREME COURT OF INDIA DISTT. COLLECTOR/CHAIRMAN AND OTHERS — Appellant Vs. T. DEVENDERPAL SINGH AND OTHERS — Respondent ( Before :…

Contract Act, 1872 – Section 126 – Bank guarantee – Enforcement of – Works contract – Bank guarantee has to be read in conjunction with terms of contract – Failure to furnish extended terms of bank guarantee – State not obliged to file suit for a specific performance requiring contractor to furnish guarantee

  AIR 1999 SC 3466 : (2000) 10 SCC 503 : (1999) AIRSCW 3452 SUPREME COURT OF INDIA MAKHARIA BROTHERS — Appellant Vs. STATE OF NAGALAND AND OTHERS — Respondent…

Allotment of plot–Conditions of compeletion construction within two years not fulfilled–Plot resumed. Second Appeal–High Court dismissing the application without trying to understand what the suit is for, what was the nature of disposal of the suits by the courts below and what that document implied and what it established–Illegal.

 2007(4) LAW HERALD (SC) 2711 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 3940 of 2007…

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