COMMON MAN’S SWORD AGAINST REJECTION OF INSURANCE CLAIM

  COMMON MAN’S SWORD AGAINST REJECTION OF INSURANCE CLAIM There is no denying that we have greater peace of mind if we know that we are financially secure from various unforeseen situations. Uncertainties in life can crop up at any moment such as medical emergency,...

Once an Arbitral Tribunal is constituted the Court cannot take up an application Under Section 9 of the Arbitration Act for consideration unless the remedy under Section 17 is inefficacious. However, once an application is entertained in the sense it is taken up for consideration, and the Court has applied its mind to the Court can certainly proceed to adjudicate the application.

Arcelor Mittal Nippon Steel India Ltd. Versus Essar Bulk Terminal Ltd., AIR 2021 SC 4350 The Supreme Court on application under section 9 of Arbitration Act in Arcelor Mittal Nippon Steel India Ltd. Versus Essar Bulk Terminal Ltd., AIR 2021 SC 4350 held that: “It is...

Right to a Toilet

Right to toilet is a basic human right. On 28th July, 2010, the United Nation General Assembly explicitly recognized the human right to water and sanitization and acknowledged that sanitization and clean drinking water are crucial to the realization of all human...

Cheque issuer has to prove that Cheque was not drawn in discharge of liability, where an issued blank cheque gets bounced after being presented in bank for specific amount, otherwise liable for criminal liability under N.I. Act which also includes fine upto twice the cheque amount along with simple interest @ 9% per annum as payment of compensation to victim.

The Supreme Court in M/s. Kalamani Tex & Anr. Vs. P. Balasubramanian, dated 10.02.2021, held that “Even if we take the arguments raised by the appellants at face value that only a blank cheque and signed blank stamp papers were given to the respondent, yet the...