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Supreme Court

Supreme Court Allows Insurance Claim in Fire Damage Case — Surveyor Reports Cannot Be Ignored Without Valid Reasons. Appointment of Multiple Surveyors Without Justification Leads to Adoption of First Surveyor's Report Under Section 64UM of Insurance Act, 1938.

1 May 2019

The case involves a dispute between M/s New India Assurance Co. Ltd. (Insurance Company) and M/s Luxra Enterprises Pvt. Ltd. (Complainant), an industr...

Supreme Court

Supreme Court Allows Insurer's Appeal in Life Insurance Claim Repudiation Case Due to Suppression of Previous Policy. Non-disclosure of existing life insurance policy in proposal form held to be material misrepresentation entitling insurer to repudiate claim within two years under Section 45 of Insurance Act, 1938.

24 Apr 2019

The case involves an appeal by Reliance Life Insurance Co Ltd against the decision of the National Consumer Disputes Redressal Commission (NCDRC) whic...

Supreme Court

Supreme Court Allows LIC Appeal in Mediclaim Repudiation Case Due to Non-Disclosure of Pre-Existing Rheumatic Heart Disease. The insured failed to disclose a known pre-existing condition (rheumatic heart disease since childhood) in the proposal form, justifying repudiation under the policy's pre-existing condition exclusion and fraud clause.

15 Apr 2019

The case involves an appeal by the Life Insurance Corporation of India (LIC) against an order of the National Consumer Disputes Redressal Commission (...

Supreme Court

Supreme Court Dismisses Specific Performance Claim but Orders Refund of Earnest Money with Interest in Property Sale Dispute. Plaintiff failed to prove readiness and willingness and additional payment of Rs. 6,75,000; only earnest money of Rs. 26,000 refundable with interest.

15 Apr 2019

The dispute arose from an agreement of sale dated 21.07.2006 between the Plaintiff (Dr. Manohar Ganapathi Ravankar) and the Defendant (H. Gurunanda Ra...

Supreme Court

Supreme Court Dismisses Appeal Against Recall Order in Contempt Proceedings for Non-Compliance of Regularisation Directions. The Court upheld the High Court's dismissal of the recall application, noting that the contempt proceedings had been pending for a long time and the appellants had not shown sufficient cause.

10 Apr 2019

The case involves a challenge to an order dated 16.02.2018 passed by the High Court of Judicature at Allahabad dismissing an application for recall of...

Supreme Court

Supreme Court Allows Appeal Against SAFEMA Forfeiture Based on Invalid Detention Order — Detention Order Under COFEPOSA Quashed as Representation Not Considered Before Revocation, Forfeiture Set Aside

8 Apr 2019

The case involves a challenge to the forfeiture of properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976...

Supreme Court

Supreme Court Allows Appeal in Benami Transaction Suit — Father-Son Relationship Constitutes Fiduciary Capacity Under Section 4(3)(b) of Benami Transactions (Prohibition) Act, 1988. Plaint cannot be rejected under Order VII Rule 11 CPC when exception is pleaded.

2 Apr 2019

The Supreme Court allowed the appeal against the rejection of the plaint by the trial court and the High Court. The appellant, Pawan Kumar, filed a su...

Supreme Court

Supreme Court Allows Insurer's Appeal in Insurance Claim Repudiation Case Due to Non-Disclosure of Previous Claim. Duty of Utmost Good Faith Requires Full Disclosure of Material Facts in Proposal Form Under Indian Contract Act, 1872.

1 Apr 2019

The appeal arose from a decision of the National Consumer Disputes Redressal Commission (NCDRC) which partly allowed the insurer's appeal against the ...

Supreme Court

Supreme Court Allows Appeal of Export Credit Guarantee Corporation in Insurance Claim Dispute — Exclusion Clause for Collecting Bank's Default Applies. The court held that the loss arose from the default of the collecting bank, BHCI, which released documents without acceptance, and thus the insurer was not liable under the Shipments Policy.

13 Mar 2019

The case involves a dispute between the Export Credit Guarantee Corporation of India Ltd. (ECGC), the appellant, and M.S. Creations, the first respond...

Supreme Court

Supreme Court Dismisses Appeal by Legal Heirs of Sirdar, Upholds Sale Deed Executed Before Grant of Bhumidhari Certificate. Section 43 of Transfer of Property Act Applies to Validate Transfer Where Vendor Subsequently Acquires Title by Retrospective Operation of Bhumidhari Certificate Under U.P. Zamindari Abolition and Land Reforms Act, 1950.

8 Mar 2019

The appeal arose from a judgment of the Allahabad High Court dated 03.03.2006, which allowed a writ petition filed by the respondent (vendee) and dism...

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