Supreme Court Denies Accident Claim: Heart Attack Not an ‘Accident’ Under Insurance Policy (24 April 2019) Date of the Judgment: 24 April 2019 Citation: Civil Appeal No. 3413 of 2019 (Arising out of SLP (C) No. 32335 of 2016) Judges: Dr. Dhananjaya Y Chandrachud, J and Hemant Gupta, J Can a fall from a motorcycle […]
Supreme Court Clarifies Unearned Increase Liability in Property Transfers After Demerger LEGAL ISSUE: Whether a transfer of leased property from one public limited company to another, its alter ego, following a demerger order, attracts unearned increase liability. CASE TYPE: Property Law, specifically concerning leasehold rights and transfer of property. Case Name: Delhi Development Authority vs.
Supreme Court Denies Specific Performance, Orders Refund in Property Sale Dispute: Ravankar vs. Raikar (2019) LEGAL ISSUE: Whether specific performance of a sale agreement should be granted when the buyer fails to prove readiness and willingness to perform their part of the contract and has not provided sufficient evidence of payments made beyond the initial
Supreme Court overturns Consumer Forum on non-disclosure of pre-existing conditions in insurance: LIC vs. Manish Gupta (2019) LEGAL ISSUE: Whether non-disclosure of a pre-existing condition by an insured individual is a valid ground for repudiation of an insurance claim. CASE TYPE: Consumer Law Case Name: Life Insurance Corporation of India vs. Manish Gupta Judgment Date:
Supreme Court Upholds Consumer Rights: Insurance Claim Valid Despite Lack of Forcible Entry LEGAL ISSUE: Whether an insurance company can reject a claim for theft when the policy excludes coverage for losses without forcible entry, but the policy’s exclusionary terms were not communicated to the insured. CASE TYPE: Consumer Law Case Name: Bharat Watch Company
Supreme Court Clarifies Blacklisting in Tender Processes: Caretel Infotech Ltd. vs. Hindustan Petroleum Corporation Ltd. (2019) LEGAL ISSUE: Whether a show cause notice for blacklisting amounts to initiation of blacklisting, disqualifying a bidder from a tender process. CASE TYPE: Contract Law, Tender Process. Case Name: Caretel Infotech Ltd. vs. Hindustan Petroleum Corporation Ltd. & Ors.
Supreme Court on Unfair Terms in Apartment Buyer Agreements: Pioneer Urban Land vs. Govindan Raghavan (2019) LEGAL ISSUE: Whether clauses in an Apartment Buyer’s Agreement are binding if they are one-sided and unfair. CASE TYPE: Consumer Protection Case Name: Pioneer Urban Land & Infrastructure Ltd. vs. Govindan Raghavan Judgment Date: April 2, 2019 Introduction Date
Supreme Court Upholds Contractual Arbitration Clauses, Limits Interference: Union of India vs. Parmar Construction Company (2019) LEGAL ISSUE: Whether a High Court can appoint an independent arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, when the parties have already agreed to a specific procedure for arbitrator appointment in their contract, and whether
Supreme Court Upholds Discharge Voucher in Insurance Claim Dispute: United India Insurance Co. Ltd. vs. Antique Art Exports Pvt. Ltd. (2019) LEGAL ISSUE: Whether a discharge voucher issued by an insured party, after accepting a settlement amount, bars them from later raising a dispute and invoking arbitration. CASE TYPE: Arbitration Law Case Name: United India
Supreme Court Interprets Exclusion Clause in Export Credit Insurance Policy: Export Credit Guarantee Corporation of India Ltd. vs. M.S. Creations (2019) Date of the Judgment: March 13, 2019 Citation: CIVIL APPEAL NO.2987 OF 2019 (@SLP(C) No. 7781/2014) Judges: Dr. Dhananjaya Y Chandrachud, J. and Hemant Gupta, J. Can an export credit guarantee corporation deny a
Supreme Court Strikes Down 10% Deposit for Arbitration: ICOMM Tele Ltd. vs. Punjab State Water Supply & Sewerage Board (2019) LEGAL ISSUE: Whether a clause in a tender requiring a 10% deposit of the claimed amount to invoke arbitration is arbitrary and violates Article 14 of the Constitution of India. CASE TYPE: Arbitration Law, Contract
Supreme Court rules against forfeiture of earnest money in property dispute: Sudha Gupta vs. DLF Ltd. (2019) LEGAL ISSUE: Whether a seller can forfeit the earnest money when a buyer defaults on payments in a property sale agreement. CASE TYPE: Real Estate/Property Law, Competition Law Case Name: Sudha Gupta vs. DLF Ltd. Judgment Date: 7th
