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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

There is a stipulation that an appeal or representation, as the case may be, from the order of the Chairman shall lie to the UPSEB. The Regulation clearly provides that in case of an Assistant Engineer the Chairman is the competent authority to pass the order of punishment and by virtue of the order passed by the UPSEB remedy of appeal was denied to the delinquent employee

  (2013) 10 AD 598 : (2014) 140 FLR 531 : (2013) 13 JT 394 : (2013) LabIC 4442 : (2013) LLR 1233 : (2013) 12 SCALE 390 : (2013)…

Agreement of re-conveyance – – The father of the respondent had obtained the sale deed in the name of the minor, obviously he is bound by the agreement of re conveyance as well. Having received the money, he had not executed the sale deed – The subsequent purchaser is bound by this decree of specific performance and liable to re-convey

  (1996) 9 AD 406 : (1996) 8 SCALE 687 : (1997) 1 SCC 475 : (1996) 8 SCR 720 Supp SUPREME COURT OF INDIA NIVARTI GOVIND INGALE AND OTHERS…

Penal Code, 1860 (IPC) – Section 300 – Evidence Act, 1872 – Section 9, 45 – Murder – Identification of dead body – Finger prints of deceased taken through spoon method – Receipt produced by prosecution bearing thumb impression of deceased, not proved – Comparison of finger prints of deceased with that of thumb impression – Would be of no consequence

  AIR 2007 SC 1028 : (2007) CLT 847 Supp : (2006) 12 SCALE 470 : (2006) 9 SCR 733 Supp SUPREME COURT OF INDIA SADASHIO MUNDAJI BHALERAO — Appellant…

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