RANSOMWARE ATTACKS – A CRITIQUE ON THE LEGALITY OF RANSOM PAYOUTS
The realm of cyber security and data protection has been the subject of much discourse lately, with India witnessing a ...
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India loosens restrictions on foreign lawyers
Protracted legal battles are common in India. One of the longest-running of all concerns who is allowed to practise law ...
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The word “can” in an arbitration agreement not to act as an impediment to refer the dispute to arbitration
In the recent case of Panasonic India Private Limited v. Shah Aircon, the Division Bench of the High Court of ...
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Delay in repudiating insurance claim cannot be the only factor to presume deficiency in service
The Hon’ble Supreme Court in the matter of New India Assurance Co Ltd vs. Shashikala J Ayachi held that an ...
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Insurer Obligated to Inform Policy Holders of Changes to Terms of Policy During Renewal
In a judgement dated 9th Dec, 2021, the Supreme Court of India, in the matter Jacob Punnen & Anr v ...
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Can an insurer repudiate a claim on the ground that there was non- disclosure of a pre-existing medical condition?
In arecent case of L.I.C. of India v.Mamta Sipani decided on 2nd March, 2022, the Hon’ble National Consumer Dispute Redressal ...
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Can Directors be held vicariously liable for the Criminal Conduct of the Company?
In a recent judgement delivered by the Supreme Court of India, in the case of Dayle De'Souza vs. Government of ...
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Can Sole Arbitrator be Appointed Unilaterally without the Consent of the Opposite Party?
In a recent decision by the Delhi High Court in Sital Dass Jewellers and Ors. v. Asian Hotels (North) Ltd., ...
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Can the Court Substitute Its Views with the Views of the Arbitrator?
Jurisdiction of the Court under section 34 of the Arbitration and Conciliation Act 1996 – Can the Court substitute its ...
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Test for Determining Pecuniary Jurisdiction of Consumer Fora
Value of Goods / Services "paid" V/s Value of Goods / Services "purchased"- NCDRC determines pecuniary jurisdiction of consumer fora ...
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The Scope of Interference in an International Arbitral Award
Examining The Scope Of Interference In An International Arbitral Award In Light Of Section 34 Of The Arbitration & Conciliation ...
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Can Ex Directors of a Company Be Held Liable For Cheques Issued and Dishonoured By the Company Post Their Tenure with the Company
Examining the Liability of a Retired Director in Instances Where Cheques are Subsequently Issued and Dishonoured A recent decision of ...
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Are Employers / Insurers Liable to Pay Interest on Amount Awarded but Unpaid Under the Employees Compensation Act
Whether the liability of an employer and insurer to pay interest on amount awarded but unpaid under the Employees Compensation ...
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Can the Institute of Chartered Accountants of India Adjudicate on an Inter Se Dispute between Partners of a CA Firm?
The Kerala High Court, in the case of Joshi John v. Institute of Chartered Accountants of India, recognised the fundamental ...
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Can a Case of Secondary Liability be Established Against Administrators of WhatsApp Groups?
In the case Kishor v. State of Maharashtra and Another, the Bombay High Court vide an order dated 01.03.2021 examined ...
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Insurers Shall Ensure That Repudiation of Claims is Not Based on “Presumptions and Conjectures” – IRDAI
The Insurance Regulatory and Development Authority of India ("IRDAI") vide its circular titled "Health Insurance Claims Settlement" and dated 19th ...
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“Medical Insurance and Health Insurance Services Qualify as ‘Essential Services’ During COVID-19”
The Delhi High Court vide an impugned order dated 6th May, 2021 in the matter of Max Bupa Health Insurance ...
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Can a Bank Account be Considered as ‘Property Under Seizure’? What Section 102 of CrPC Envisages?
A Criminal Revision petition was filed before the Chhattisgarh High Court challenging the legality of the order dated 03.12.2020 in ...
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Can a Manufacturer be Liable for Defective Cars Sold by Its Dealer?
The Supreme Court, in the case of Tata Motors Ltd. v. Antonio Paulo Vaz and Another vide an order dated ...
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Do Balance Sheets Entries Amount to Acknowledgment of Debts Under Section 18 of Limitation Act?
The Supreme Court in the case of Asset Reconstruction Company vs Bishal Jaiswal vide an impugned judgment dated 15th April, ...
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Can the Stock Exchanges Exercise Liberty and Impose Separate Penalties for the Same Offence?
In the case of PVP Ventures Ltd. v. Bombay Stock Exchange Ltd the Securities Appellate Tribunal ("SAT") was confronted with ...
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Does the IBC override all other laws? Examining Section 7 of IBC vis-a-vis Section 8 of the Arbitration Act
An Arbitration Petition was filed before the Hon'ble Supreme Court in the case of Indus Biotech Private Limited vs. Kotak ...
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Will an Exclusionary Clause Under an Insurance Policy Apply in Instances When the Insured is Not Duly Informed?
A recent decision of the Hon'ble Supreme Court in New India Assurance Co. Ltd. vs Paresh Mohanlal Parmar encapsulates the ...
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Liberalisation of FDI in Insurance Companies – Key takeaways from the Insurance (Amendment) Bill, 2021
The Insurance (Amendment) Bill, 2021 was introduced in the Rajya Sabha on March 15, 2021, which amended the Insurance Act, ...
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What Would it Take to Sustain Allegations of Cartelization in the Aviation Industry?
The Competition Commission of India (“CCI”) vide its order dated 22nd February, 2021 elaborately discussed that cartelization occurs when the ...
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Would Fraudulent Acts Committed by an Employee be Covered Under the Ambit of the ‘Fidelity’ Clause of an Insurance Claim?
The National Consumer Disputes Redressal Commission ("NCDRC") vide an order dated 4th February 2021 passed in the matter of M/S ...
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When there is a doubt over admissibility of insurance claim, benefit should be given to the insured: NCDRC
In the matter of Mavji Kanji Jungi & Another vs. Oriental Insurance Company the National Consumer Disputes Redressal Commission (NCDRC) ...
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Equal pay for equal work- Analysis from the perspective of temporary vis-a-vis permanent employment
In the case of Food Corporation of India v. Anil Kumar, the petitioner namely the management of FCI had approached ...
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Contributory Negligence and Composite Negligence – Burden of proof in accident cases
This proposition was recently considered by the Supreme Court of India in the case of National Insurance Co. Ltd. v ...
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Asia Insurance Review
As the development of vaccines to curb COVID-19 makes rapid progress, one question that gains urgency is ‘who will be ...
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Contract of service versus Contract for service; An Insurance dispute perspective
The Hon’ble Supreme Court of India vide an order dated 15th April, 2020 passed in matter of SushilabenIndravadan Gandhi & ...
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Section 58 of the Disaster Management Act, 2005 and its impact under a D&O cover
Considering the Coronavirus pandemic situation, the Ministry of Home Affairs vide an Order dated 24th March, 2020 issued certain guidelines ...
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COVID-19 – the reopening conundrum: A liability perspective
Introduction: With the outbreak and rapid spread of COVID-19, the Government of India had to implement a nationwide lockdown in ...
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“All Life Insurance Companies will not invoke the ‘Force Majeure’ Clause in case of COVID-19 death claims.”
Our Newsflash for the month of March, 2020-Vol I, explained the key elements that are recognizable for invoking a Force ...
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“Can a surveyor exercise his own discretion while adopting a specific method to measure property”
A recent judgment of the Hon’ble Kerala High Court in the matter of Koshey George vs. Abraham T. Varghese, 2020 ...
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