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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 Restores Consumer Forum Orders in Loan Insurance Dispute — Finance Company Held Liable for Delay in Obtaining Insurance Policy Despite Premium Payment. The Court held that under Section 64VB(2) of the Insurance Act, 1938, risk is covered from the date of premium payment, and the finance company's delay in obtaining the policy from its sister concern constituted deficiency of service.

16 Apr 2019

The Supreme Court allowed the appeal filed by the complainant, Ashatai w/o Anand Duparte, against the order of the National Consumer Disputes Redressa...

Supreme Court

Supreme Court Allows Appeal in Life Insurance Surrender Value Dispute — Computation of Bonus Surrender Value Must Be Based on Approved Formula Under Section 113 of Insurance Act, 1938. The Court Remanded the Matter to National Commission for Fresh Consideration After Insurer Produces the Approved Formula.

7 Mar 2019

The appellant, Anandrao Ramchandra Salunke, obtained a life insurance policy from the Life Insurance Corporation of India (LIC) on 11 November 1993 fo...

Supreme Court

Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

27 Feb 2019

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

Supreme Court

Supreme Court Allows Appeals Against NGT Orders in Sterlite Copper Plant Closure Case — Upholds Maintainability of Composite Appeal Under NGT Act. The Court held that a composite appeal under Section 16 of the NGT Act is maintainable and that closure orders without natural justice are invalid.

18 Feb 2019

The Supreme Court disposed of a batch of appeals arising from orders of the National Green Tribunal (NGT) concerning the closure of a copper smelter p...

Supreme Court

Supreme Court Allows ESI Corporation's Appeal in Directors' Remuneration Case — Directors Receiving Remuneration Held to Be 'Employees' Under ESI Act. The Court ruled that Directors of a company who receive remuneration for services rendered fall within the definition of 'employee' under Section 2(9) of the Employees' State Insurance Act, 1948, and contributions are payable on such remuneration.

5 Feb 2019

The case involves an appeal by the Employees' State Insurance Corporation (ESIC) against a judgment of the Madhya Pradesh High Court, which had upheld...

Supreme Court

Supreme Court Dismisses Appeal in Insurance Claim Dispute — Policy Cancellation Upheld Due to Non-Disclosure of Material Facts. Insured failed to disclose pre-existing health condition and pending litigation, rendering policy void ab initio under Section 45 of Insurance Act, 1938.

25 Jan 2019

The appellant, a company, had taken an insurance policy from the respondent insurer. The policy was issued on 15.10.2010. However, on 17.10.2010, a me...

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