Saikat Rahman

Insurers can’t repudiate contract if exclusion clauses are not disclosed to insured as per IRDA regulations: Supreme Court.

The Supreme Court, on Wednesday, cautioned all insurance companies that if they do not mandatorily comply with Clause (3) and (4) of the Regulatory and Development Authority ( Protection of Policy Holder’s Interests, Regulations 2002) Act (IRDA Regulation 2002) then their right to repudiate insurance contract taking recourse to any terms and conditions, including the […]

Insurers can’t repudiate contract if exclusion clauses are not disclosed to insured as per IRDA regulations: Supreme Court. Read More »

Mentally Ill mother entitled to Custody of Child below 5 Yrs unless Mental Illness Such That It Would be Detrimental To Child’s Health: P&H High Court.

The Punjab and Hariyana High court on Monday, while Disposing of a habeas Corpus Petition filed by a mother alleging illegal detention of her 2 years old Child at the hands of her husband and in – laws, held that a mother, even if she is mentally ill, is entitled to thje custody of a

Mentally Ill mother entitled to Custody of Child below 5 Yrs unless Mental Illness Such That It Would be Detrimental To Child’s Health: P&H High Court. Read More »

A wrong provision or non-mentioning of a provision does not invalidate an order if the court and/or statutory authority had the requisite jurisdiction therefor: Supreme Court

It is a well settled principle of law that mentioning of a wrong provision or non-mentioning of a provision does not invalidate an order if the court and/or statutory authority had the requisite jurisdiction therefor. 13. A contention has been raised that the applications filed by the appellant herein having regard to the decisions of

A wrong provision or non-mentioning of a provision does not invalidate an order if the court and/or statutory authority had the requisite jurisdiction therefor: Supreme Court Read More »

Consumer commission can condone delay for filing written version up to 15 days only: Supreme Court

The Supreme Court observed that consumer commission has no jurisdiction to condone the delay for filing opposite parties’ written version beyond the prescribed period for 15 days mention in the consumer protection act 2019.Before the national consumer dispute Redressal commission (NCDRC) in this case, the opposite party filed written statement (version) beyond the period of

Consumer commission can condone delay for filing written version up to 15 days only: Supreme Court Read More »

Supreme Court issues guidelines on disposing cases through plea bargaining, compounding of offences & probation of offenders act

The Supreme Court, in an order passed last month, issued the following guidelines for disposal of criminal cases by resorting to the triple method of plea bargaining, compounding of offences and under the Probation of offenders Act, 1958. The above are part of the detailed and comprehensive suggestions submitted to court by by the three

Supreme Court issues guidelines on disposing cases through plea bargaining, compounding of offences & probation of offenders act Read More »

MP High Court Holds Advocate Guilty Of Contempt For Forging Signature On Affidavit; Directs Enquiry Against Oath Commissioner For Executing It

The Madhya Pradesh High Court, Gwalior bench recently held an advocate guilty of contempt for forging signatures of the petitioner on an affidavit. Nevertheless, noting that he had tendered his unconstitutional apology, the court decided not to impose any punishment. The court, however, directed an enquiry against the oath commissioner for executing the document-  Thus,

MP High Court Holds Advocate Guilty Of Contempt For Forging Signature On Affidavit; Directs Enquiry Against Oath Commissioner For Executing It Read More »

Negotiable Instrument Act: Complainant not required to disclose nature of transactions, Source of Funds- SC observed

The Supreme Court of India, on August 12, held that the complaint proceeding under section 138 of the Negotiable under section 138 of the Negotiable Instruments Act (NI Act) was not required to explain the nature of transaction or the source of funds. The Court Stated that the accused had the liability to prove that

Negotiable Instrument Act: Complainant not required to disclose nature of transactions, Source of Funds- SC observed Read More »

Minor Muslime Girl Over 15 Years of Age Free To Marry Person Of Her Choice, Marriage Not Void Under Child Marriage Prohibition Act: P&H High Court

The Punjab and Haryana High Court has reiterated that Muslim female aged 15 years and above can marry a person of here choice on her own willingness and consent, and such a marriage would not be void in term in terms of Section 12 of the Prohibition of Child Marriage Act, 2006. The observation was

Minor Muslime Girl Over 15 Years of Age Free To Marry Person Of Her Choice, Marriage Not Void Under Child Marriage Prohibition Act: P&H High Court Read More »

Dishonour of Cheque Issued As A Security Can Also Attract Offence U/S 138 of NI Act: Supreme Court

The Supreme Court observed that the dishonor of cheque issued as a security can also attract offence under section 138 of the Negotiable Instrument Act. There cannot be a hard and fast rule that a cheque which is issued as security can never be presented by the drawee of the cheque, the bench if Justice

Dishonour of Cheque Issued As A Security Can Also Attract Offence U/S 138 of NI Act: Supreme Court Read More »