As you are aware that we are living in free market economy, where everybody is allowed to participate and compete with exiting players. Every entity, whether big in size or small competing here to contain their market share and survive. A big business house having presence all over world is keen to keep its market […]
As you are aware that contract of insurance is based on the doctrine of ‘Utmost Good Faith’ ,which means a person applying for an insurance cover has to disclose and reveal all material information required by insurance company. Material Information means all those information on the basis of which underwriter access the risk profile of […]
M/S J.B. Boda & Co. Pvt. Ltd vs Central Board Of Direct Taxes (Supreme Court); DATE OF JUDGMENT: 30/10/1996 BRIEF FACTS 1. The petitioner in Writ Petition No. 3086 of 1987 in the High Court of Delhi, has filed this appeal against the judgment of the High Court dated 29.10.1987. 2. The short matter that […]
As you are aware that a Trade mark may be defined as a lawfully protected abstract, word, symbol, color, mark, slogan or a mixture of those related to an organization or a selected product that differentiates it from the others accessible within the market. We know that “Passing Off” is an actionable wrong and treated […]
Registration of a Vehicles according to the provisions of Section 39 of MVA ,1988 is mandatory and a person without valid registration is not allowed to drive vehicle at public place. Use of a vehicle without proper registration number is a violation of terms and conditions of an insurance policy and hence any claim, whether it was of theft or accident or damage to the vehicle will not be payable.
As you are aware that ‘Copyright‘ constitutes an essential element in the development of a country. The enrichment if the national cultural heritage depends directly on the level of protection afforded to literary, dramatic, musical and artistic works, cinematographic films and sound recordings. The more the protection provided encourages the authors and creators to produce […]
insurance company can file appeal against award passed by the MACT only on the grounds mentioned in the provisions of Section 96(2) of the Motor Vehicles Act, 1988. Now the only manner of avoiding liability provided for in Sub-section (2) is by successfully raising any of the defences therein mentioned. It comes then to this that the insurer cannot avoid his liability except by establishing such defences.
Corporate restructuring is an action taken by the corporate entity to modify its capital structure or its operations significantly. Generally, corporate restructuring happens when a corporate entity is experiencing significant problems and is in financial jeopardy.
We hold that the appellant could not have been directed to amend the complaint to challenge the repudiation of the contract of insurance. The appellant has stated that it does not wish to do so.
The Supreme Court of India has once again reiterated one of the foundational principles of Insurance Law : non-disclosure of material information by an Insured at the time of entering into a contract of insurance would entitle a prudent Insurer to repudiate a claim made under the underlying policy on such ground.
