News

April 3, 2021

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 legal principle of good faith and its equal application to the insured and insurer...
April 2, 2021

Examining Locus Standi of an “Aggrieved Person” Vis-a-vis Power of a Magistrate to Take Cognizance of Offences Pertaining to Defamation

The Delhi High Court in the case of Business Standard Pvt Ltd & Another vs Lohitaksha Shukla & Another through a common judgment, examined the qualifications […]
April 1, 2021

Liability of Insurer to Indemnify Third Parties Subsists Unless Insurance Coverage is Cancelled and an Intimation Thereof has Reached the Insured

In the matter of Smt. Prasanna B. vs Kabeer P.K, the claimant in a proceeding for compensation before the Motor Accidents Claims Tribunal approached the Kerala High Court, challenging the decision of the Tribunal in exonerating the insurer of the vehicle from the liability to indemnify its owner...
March 27, 2021

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, 1938. The Act provides the framework […]
March 12, 2021

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 provisions of section 3, that categorically prescribes the creation of certain anti-competitive agreements are violated. Therefore, agreements that provide for bid-rigging, price-fixing, etc. are presumptively deemed void...
March 4, 2021

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. R.R. Chokhani Stock Brokers vs The […]
February 2, 2021

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) passed an order while dealing with […]
January 21, 2021

Can the existence of urgency dispel the requirement of the opportunity of a fair hearing – The principle ofAudi alteram partem from the standpoint of RBI’s 2016 Master Circular on declaration of a wilful defaulter

The well-established principle of natural justice came up for consideration before the Telangana High Court in the case of Mr. Rajesh Agarwal vs Reserve Bank of […]
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 […]