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January 21, 2021

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 the Jharkhand High Court with a […]
December 21, 2020

Does the opportunity of being heard include a mandatory personal hearing? The principle of Audi Alteram Partem is considered from the standpoint of SEBI regulations

A recent decision of the Bombay High Court in JK Paper Ltd. v. Securities and Exchange Board of India encapsulates the legal position of regulation 29 […]
December 21, 2020

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. Durga Verma, which relates to an […]
December 21, 2020

Fraudulent misstatements in financial statements fall within the ambit of Regulation 4(2) of SEBI PFUTP Regulations, 2003

In the matter of Dewan Housing FinanceLimited vs Securities and Exchange Board of India, a whole-time member of SEBI vide an order dated 22nd September 2020 […]
October 1, 2020
Asia Insurance Review

Asia Insurance Review

As the development of vaccines to curb COVID-19 makes rapid progress, one question that gains urgency is ‘who will be liable if a vaccine is marketed […]
July 21, 2020

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 & Anr. v. The New India Assurance […]
April 21, 2020

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 to be followed by various sectors […]
April 21, 2020

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 the country effective from 24th March, […]
April 17, 2020

“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 Majeure Clause, typically when either party […]