Esheria India Case Law
Sign in
India Source-linked decisions Coverage checked

India Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
0 court collections
Last checked

Search and filter India case law

Results update automatically as you type.

India decisions

Decisions matching the current search

Clear filters
Insurance

M/S BENGANI FOOD PRODUCTS PVT LTD AND ANOTHER versus NATIONAL INSURANCE CO. LTD. AND OTHERS

Repudiation was valid because under Clause 5 the policy coverage ceased upon unloading at the destination siding in the absence of any declaration or arrangement bringing Shalimar within the warehouse-to-warehouse or seven-day continuation; additionally the insured breached Clause 8 by failing to take reasonable precautions (inadequate packing/covering) and by non-disclosure of subsequent movement of stock, undermining the claim; the relevant policy clauses are clear so contra proferentem does not apply.

Source excerpt

  • Repudiation of insurance claim
  • Interpretation of policy clauses
  • Duty of utmost good faith (uberrima fides)
  • Contra proferentem
  • Insured's duty to mitigate loss
Read case analysis
Constitutional law

RUTU MIHIR PANCHAL & ORS. versus UNION OF INDIA & ORS.

Parliament is constitutionally competent to fix pecuniary jurisdictional limits of consumer commissions and to base those limits on the value of goods or services paid as consideration; such classification satisfies Article 14 because it has an intelligible differentia and a rational nexus to the object of creating a hierarchical structure for timely and effective redress of consumer disputes; the impugned provisions ss.34(1), 47(1)(a)(i) and 58(1)(a)(i) of the Consumer Protection Act, 2019 are constitutional and not manifestly arbitrary; further, the Central Consumer Protection Council and C…

Source excerpt

  • Pecuniary jurisdiction of consumer fora
  • Consideration as basis for classification
  • Article 14 equality and reasonable classification
  • Performance audit of statute
  • Central consumer protection authority and council
Read case analysis
Consumer law

HONGKONG AND SHANGHAI BANKING CORP. LTD. versus AWAZ & ORS.

The NCDRC lacked jurisdiction to entertain the representative complaint by the trusts (which had not obtained prior permission and, as trusts, were not consumers under the 1986 Act), and the NCDRC exceeded its jurisdiction by attempting to regulate or cap bank interest rates—a regulatory domain of the RBI protected by Section 21A/35A of the Banking Regulation Act; accordingly the NCDRC's directions fixing a 30% p.a. ceiling and related observations were set aside and its judgment dated 07.07.2008 quashed.

Source excerpt

  • Jurisdiction
  • Locus standi
  • Reserve bank regulation
  • Rates of interest
  • Representative complaints
  • Unfair trade practice
Read case analysis
Consumer law

RICARDO CONSTRUCTIONS PVT. LTD. versus RAVI KUCKIAN & OTHERS

The National Commission’s order foreclosing the appellant’s right to file a written statement was set aside because the record did not show that a copy of the complaint had been supplied to the appellant; therefore it was inappropriate to foreclose the right on conjecture and the appellant was permitted to file the written statement by a specified date subject to payment of costs, with timelines fixed for replication and affidavit of evidence.

Source excerpt

  • Foreclosure of right to file written statement
  • Service of complaint
  • Limitation for filing written statement
  • Affidavit of evidence
  • Costs
Read case analysis
Consumer law

DR. VIJAY DIXIT & ORS. versus PAGADAL KRISHNA MOHAN & ORS.

Applications seeking condonation of delay to file written statements before consumer fora that were preferred prior to 04.03.2020 (the date of pronouncement of New India Assurance 2) must be decided on merits and ought not to be summarily dismissed; impugned orders forfeiting the right to file written statements that were passed prior to that date were set aside and the NCDRC was directed to adjudicate the condonation applications on merits.

Source excerpt

  • Section 13 of consumer protection act, 1986
  • Written statement
  • Condonation of delay
  • Prospective operation of judgment
Read case analysis
Consumer law

SHRIRAM CHITS (INDIA) PRIVATE LIMITED EARLIER KNOWN AS SHRIRAM CHITS (K) PVT. LTD versus RAGHACHAND ASSOCIATES

The appeal is dismissed because the service provider failed to discharge the onus of proving that the services were availed for a commercial purpose on the preponderance of probabilities; absent such proof the complaint was maintainable and the orders of the consumer fora granting refund and interest stand upheld.

Source excerpt

  • Maintainability of complaint
  • Definition of consumer (section 2(7))
  • Commercial purpose (exclusion)
  • Onus of proof
  • Standard of proof: preponderance of probabilities
  • Framing of issues in consumer forums
Read case analysis
Insurance

NEW INDIA ASSURANCE COMPANY LTD. THROUGH ITS MANAGER versus M/S TATA STEEL LTD.

The Court held the Reinstatement Value Clause was part of the policy but became ineffective because the insured failed or was unwilling to reinstate the insured property and failed to furnish required documents; consequently NIACL was justified in reverting to the policy's original indemnity (value at time of destruction) and in applying depreciation, and the surveyors' revised assessment supporting 60% depreciation was upheld, so the settlement at Rs.7.88 crores was correct.

Source excerpt

  • Reinstatement value clause
  • Depreciation
  • Computation of loss
  • Surveyors' reports
  • Irda regulations
Read case analysis
Consumer law

RAJESH MONGA versus HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED & ORS.

The appellant had opted for an 'Adjustable' rate and executed a loan agreement that expressly defined Adjustable Interest Rate as the rate announced by HDFC as its retail prime lending rate (RPLR) and permitted HDFC to vary that rate; as a corporate lender HDFC is governed by its policies and procedures and the terms of the signed agreement bind the parties, so the prior email representations did not override the contractual definition and the NCDRC correctly dismissed the complaint after noting repayment under agreed terms.

Source excerpt

  • Adjustable rate of interest
  • Home loan
  • Unfair trade practice
  • Policy decisions of financial institutions
  • Pre-contractual representations vs contract terms
Read case analysis
Constitutional law

M/S UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD. versus SURESH CHAND JAIN & ANR.

The Supreme Court will not entertain a special leave petition under Article 136 against an NCDRC order passed in its appellate/revisional jurisdiction (i.e., orders under s.21(a)(ii) of the Consumer Protection Act, 1986 or s.58(1)(a)(iii)/(iv) of the Consumer Protection Act, 2019); where alternative remedies exist, the aggrieved party must first approach the jurisdictional High Court under Article 226/227, and only after final adjudication may a party seek special leave to appeal to this Court.

Source excerpt

  • Article 136
  • Article 226
  • Article 227
  • Appealability of ncdrc orders
  • Jurisdiction of ncdrc
Read case analysis
Consumer law

M/S TEXCO MARKETING PVT. LTD. versus TATA AIG GENERAL INSURANCE COMPANY LTD. & ORS.

Where an insurer who prepared a standard-form insurance contract introduces an exclusion clause that defeats the main object of the contract and knowingly enters into the contract for a risk covered by that clause, and in addition fails to comply with mandatory disclosure and furnishing requirements (IRDA Regulations Clauses 3 and 4), the insurer cannot rely on the exclusion clause; the clause may be struck down (doctrine of blue pencil) and the insurer held to have committed deficiency in service and unfair trade practice, entitling the consumer to consequential relief under the Consumer Pro…

Source excerpt

  • Exclusion clause
  • Adhesion contracts/standard form contract
  • Duty of disclosure/utmost good faith
  • Doctrine of blue pencil
  • Unfair trade practice
  • Interpretation of insurance policies
Read case analysis

About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.