Articles

20th Jan, 2016

In a Contract of Insurance, Parties (insurer/insured) can themselves decide on benefits #indianlaws

A contract of insurance is one of the species of commercial transaction between the insurer and insured. It is for the parties (insurer/insured) to decide as to what type of insurance they intend to do […]
20th Jan, 2016

Reserve Bank cannot deny information sought under Right to Information Act, 2005 #indianlaws

RTI Act is enacted to empower the common people, the test to determine limits of Section 8 of RTI Act is whether giving information to the general public would be detrimental to the economic interests […]
11th Jan, 2016

Filing of false criminal complaint by either spouse constitutes matrimonial cruelty entitling other spouse to claim divorce #indianlaws

It was observed by the High Court that if the complaint filed by the wife against the husband under section 498- A of IPC and other related provisions was dismissed on merits and the husband […]
11th Jan, 2016

If the conclusion on the facts in evidence made by the court below is possible, there is no perversity #indianlaws

It is well settled that the first appellate court, under Section 96 of the Civil Procedure Code, 1908, is the last court of facts unless the findings are based on evidence or are perverse. Further, […]
11th Jan, 2016

Claim petition is maintainable at a place where insurance company is carrying on its business #indianlaws

The provision for territorial jurisdiction has to be interpreted consistent with the object of facilitating remedies for the victims of accidents. Hyper technical approach in such matters can hardly be appreciated. There is no bar […]
2nd Jan, 2016

Continuing guarantee by the Guarantor cannot be revoked as he is bound by the terms of guarantee #indianlaws

When the guarantor had clearly agreed that the guarantee he had entered into with the Bank was a continuing one, which was to continue and remain in operation for all subsequent transactions,it then was not […]
2nd Jan, 2016

Property valued less than circle rate prescribed can be registered #indianlaws

Delhi High Court has clarified that the parties presenting instruments/transfer document of basements of residential properties for registration, if of a consideration lower than the consideration/ valuation in accordance with the circle rates, shall upon […]
2nd Jan, 2016

Proceedings by a secured creditor under SARFAESI Act cannot be interfered with by a Company Judge under the Companies Act #indianlaws

The required provisions of the Companies Act are incorporated in the SARFAESI Act for harmonizing the SARFAESI Act with the Companies Act in respect of dues of workmen and their protection under Section 529 A […]
2nd Jan, 2016

Assignments of Life Insurance policies are valid and binding #indianlaws

Apex Court clarified that the insurance policies issued by LIC (Appellant) are transferable and assignable in accordance with the provisions of the Insurance Act, 1938 and in terms of the contract of life insurance.The Apex […]
1st Jan, 2016

Doctrine of promissory estoppel not enforceable when claimant himself is at fault #indianlaws

The principle of promissory estoppel cannot be invoked in cases of any misrepresentation, in a case of where a candidate not eligible for appointment is selected by mistake contrary to the terms of the advertisement […]
1st Jan, 2016

Testator can make will only of those properties of which he is the owner #indianlaws

Will is to be executed with regard to the property which the testator possesses, and the dispute, if any, relating to the same is not to be scuttled down under proceeding brought under probate. 
1st Jan, 2016

Person to be classified as wilful defaulter cannot be denied legal representation by bank #indianlaws

Borrowers of the Banks/FIs who are proposed to be classified/ declared as wilful defaulters and are given an opportunity of hearing before the GRC are entitled to be represented therein through advocates.