LAW OFFICE
Long practice which was being followed, if not contrary to law, must be given its true importance and ordinarily is not to be interfered with in exercise of power of…
During the course of the investigation, it has been revealed that husband took the accidental insurance policy jointly with his wife on 29.09.2020 of Rs. 60 lakhs. The date of…
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…
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…
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…
Court had power to condone eight days’ delay, which was less than thirty days, in terms of proviso to sub-section (3) to S. 34 of the 1996 Act. In this…
Award passed by an arbitrator appointed under 1996 Act by Court with consent of parties despite the existence of M.P. Madhyastham Adhikaran Adhiniyam, 1983 is binding, when the same attains…
Scope of interference with, by Court — Law summarized: The fact situation that the learned sole arbitrator relied on the facts of the case, the conduct of the parties and…
When arbitrator fails to decide matter in accordance with terms of contract governing parties, it will attract “patent illegality ground” as it amounts to gross contravention of S. 28(3).
Respondent contended that disputes sought to be raised were under the non-disclosure agreement and, therefore not arbitrable, inasmuch as, there was no arbitration agreement in that agreement. Held, ordinarily falls…
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