Vijaysingh Jadeja - Insurance Claim Case: Vijaysingh Govindji Jadeja proposed for double benefit insurance with LIC, paid Rs. 740/- premium on 27.2.1995, but died in an accident on 4.3.1995. His widow filed a claim on 21.6.1995, which LIC did not settle after 11 months. DIVISIONAL MANAGER, L. I. C. OF INDIA VS UMABA VIJAYSINGH JADEJA - Consumer
Vijaysingh Jadeja in Legal Judgments: The case is frequently cited in various judicial decisions, notably in the context of constitutional law and procedural rights under the NDPS Act. The Supreme Court, including a Constitution Bench in 2011 (SCC 609), overruled earlier judgments and clarified legal principles related to searches, rights of individuals, and procedural safeguards. State of Madhya Pradesh VS Nathu Singh Sodhiya - Madhya Pradesh, NAVDEEP SINGH VS STATE OF HARYANA - Supreme Court, Ashok Kumar Sharma VS State of Rajasthan - Supreme Court, Ali Khan VS State of Rajasthan - Rajasthan, Navdeep Singh VS State of Haryana - Crimes, ABU Thahir B @ Abdu VS Union of India Narcotic Control Bureau - Karnataka, Nawab VS State of U. P. - Crimes
Supreme Court Rulings:
The judgments have addressed the evidentiary standards and procedural correctness in cases involving searches and seizures, referencing the Jadeja case as a key authority. Ali Khan VS State of Rajasthan - Rajasthan, Navdeep Singh VS State of Haryana - Crimes
Retrospective Application: The 2011 judgment in Vijaysingh Jadeja's case is not applied retrospectively to incidents prior to the ruling, as clarified in subsequent decisions. Sultan VS State of Rajasthan - Rajasthan
Analysis and Conclusion:
Vijaysingh Jadeja's case is notable both for its factual background involving insurance claim procedures and for its significant legal impact, particularly through the Supreme Court's 2011 judgment. The Court clarified procedural rights during searches under the NDPS Act and emphasized the importance of following due process. The case has been frequently cited in subsequent judgments to reinforce procedural safeguards and the standards of evidence, marking a pivotal point in Indian constitutional and criminal law jurisprudence.
Facts of the case before the learned Forum may briefly be stated : Vijaysingh Govindji Jadeja, now deceased, proposed for double benefit insurance to the opponent LIC and made payment of Rs. 740/- by way of premium to the agent on 27.2.1995. ... Unfortunately, said Vijaysingh Govindji Jadeja died of accident during early hours of 4.3.1995. The complainant being the widow presented claim of insurance on 21.6.1995. The opponent LIC did not pay the amount in spite of passage of 11 months.
State of Madhya Pradesh and Vijaysingh Chandubha Jadeja vs. ... In Vijaysingh Chandubha Jadeja vs. State of Gujarat (2011) (1) SCC 609 a Constitutional Bench of Hon'ble Apex Court has been over ruled the law laid down in Prabha Shankar Dubey (supra) and hon'ble the apex Court in para No.22 has held as under:- 22.
State of Andhra Pradesh, 2012 (5) SCC 226 and further referred to the observations made by the Constitution Bench in the case of Vijaysingh Chandubha Jadeja v. State of Gujarat, (2011) 1 SCC 609.
In support of her contention reliance was placed on a Judgment of this court in Vijaysingh Chandubha Jadeja v. State of Gujart (2011) 1 SCC 609. ... 6. Mr. ... This Court in Vijaysingh Chandubha Jadeja (supra) answered the question, stating that it is imperative on the part of the officer to apprise the person intended to be searched of his right under Section 50 of the NDPS Act, to be searched before a Gazetted Officer or a Magistrate.
In support of her contention reliance was placed on a Judgment of this court in Vijaysingh Chandubha Jadeja v. State of Gujart.1 6. Mr. ... This Court in Vijaysingh Chandubha Jadeja (supra) answered the question, stating that it is imperative on the part of the officer to apprise the person intended to be searched of his right under Section 50 of the NDPS Act, to be searched before a Gazetted Officer or a Magistrate.
The court relied on the case of Vijaysingh Chandubha Jadeja v. ... The Constitution Bench of the Hon'ble Apex Court in the case of Vijaysingh Chandubha Jadeja v. ... On testing the evidence available on the record in the light of the observations made by the Hon'ble Constitution Bench of the Apex Court in the case of Vijaysingh Chandubha jadeja (supra), it is evident that the prosecution evidence does not meet up to the standards required to be followed
State of Andhra Pradesh,1 2012 (5) SCC 226 and further referred to the observations made by the Constitution Bench in the case of Vijaysingh Chandubha Jadeja v. State of Gujarat,2 (2011) 1 SCC 609.
In this regard, before adverting to the provision itself, it is worth to refer a decision of the full bench of the Hon'ble Apex Court i.e. reported in Vijaysingh Chandubha Jadeja vs.
It has been settled by the Hon’ble Supreme Court in the case of Vijaysingh Chandubha Jadeja v.
... Vijaysingh Chandubha Jadeja vs. ... It may be mentioned that the incident in the present case took place on 12.4.2004 and the judgment of the Apex Court (Five Judge Bench) in Vijaysingh Chandubha Jadeja vs. State of Gujarat (supra) is a dictum of the year 2011 and it cannot be applied retrospectively. ... Sukh Dev Raj Sodhi, (2011) 1 SCC 609 Vijay Singh Chandubha Jadejs vs. State of Gujarat (Criminal Appeal No. 943 of 2005 decided on 29.10.2010. ... 4.
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