The duties of the insured and insurer to disclose all material facts at contract formation/pre-contract stage or renewal stage, held, include the duty of the insurer or its agent to notify the insured of any material change(s) in the policy terms at the pre-contract or renewal stage. Thus, held, insurer cannot contend that the insured […]
Principle of uberrimae fidei i.e. principle of utmost good faith, held, imposes meaningful reciprocal duties owed by the insured to the insurer and vice versa. That is to say, just as the insured has a duty to disclose all material facts, the insurer must also inform the insured about the terms and conditions of the
Liability of insurer with regard to fire incident at the warehouse of assured under the first policy is excluded, where fire incident also covered by a second policy (a “marine policy” as per terms of the first policy in this case) and the first policy excludes liability in such event. Exclusion clause(s) in insurance policy
Fire accident resulting in death and injuries, thus joint and several liability of A) private organisers of the event for failure to take adequate safety precautions and vicarious liability of B) State/ state officials for negligence in performance of statutory duties. Where life and personal liberty have been violated, absence of any applicable statutory provision(s)
The High Court has not assigned reasons for the grant of bail to the respondents accused and has granted bail by a cryptic order de hors any reasoning. However, the Court deciding a bail application cannot completely divorce its decision from material aspects of the case such as the allegations made against the accused; severity
Criminal Procedure Code, 1973 — S. 439 — Grant of bail Read More »
The view taken by the Commissioner had been a possible view of the matter in the given set of facts and circumstances. When no substantial question of law arising within meaning of S. 30 nor were findings of Commissioner perverse or suffering from any such manifest illegality as to give rise to a “substantial question
An independent suit challenging compromise/consent decree on ground that it is not lawful is not maintainable. Proper remedy for challenging compromise/consent decree on ground that it is not lawful, reiterated, is to approach the same court, which had passed the compromise/consent decree, which the plaintiff in present case had already done by filing an appropriate
Specific performance, held, cannot be enforced against such purchaser or their transferees as they would fall within exception of transferee for value who had paid money in good faith and without notice of original contract. (Para 25) [Seethakathi Trust Madras v. Krishnaveni, (2022) 3 SCC 150]
Non-supply of free copy of impugned order does not affect, and thus, shall not extend the limitation period for filing an appeal under S. 61 IBC. Scheme laid down in S. 421(3) of the Companies Act and S. 61(2) IBC, distinguished, Limitation period prescribed under Special Act, as in the present case IBC having an
Insolvency and Bankruptcy Code, 2016 — Ss. 238-A and 61: Read More »
Grant of stay/injunction under provisions of IBC against termination of contract entered into with corporate debtor is not permissible, when: (i) The contract is terminated dehors insolvency proceedings under IBC i.e. there exists no nexus between the termination notice and insolvency resolution proceedings, and (ii) Criteria laid down in Gujarat Urja, (2021) 7 SCC 209
Insolvency and Bankruptcy Code, 2016 — S. 60(5): Read More »
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