Search Results for Tag : Claim

International Cases

Fraudulent claims rule does not defeat a claim wholly good in law, even if a lie is told in support of it(20.07.2016)

Duty of utmost good faith applied not only in making of contract but in course of its performance. In facts of present case, insurance claim was relat.....

Tags : Fraudulent claims rule, Applicability, Insurer’s Liability

Judgments

Wide powers conferred upon the High Court under Article 226 of the Constitution of India, cannot be invoked as a matter of right(21.10.2016)

By present petition, Petitioner challenged judgment passed by caste scrutiny committee, the order passed by Commissioner, Solapur Municipal Corporatio.....

Tags : Election, Invalidation, Caste claim

If keys of vehicles left inside ignition socket, it amounts to grave negligence on part of complainant(19.01.2017)

Claim under insurance policy was filed with Insurance Company, but same was repudiated stating that, keys of the vehicle were left in ignition socket .....

Tags : Insurance, Claim, Entitlement

Terms and Conditions of Policy have to be Strictly Construed to Determine Extent of Liability of Insurer(20.02.2017)

Instant revision petition has been filed against the impugned order passed by Haryana State Consumer Disputes Redressal Commission in Appeal No. 1192/.....

Tags : Claim, Eligibility, Terms and conditions, Policy

Notifications & Circulars

CBDT notifies transactions for which the condition of chargeability to STT for claiming exemption under Section 10(38) of the Income Tax Act, 1961 shall not apply(06.06.2017)

Section 10(38) of the Income-tax Act, 1961 ('the Act'), prior to its amendment by Finance Act, 2017 provided that the income arising by way of a trans.....

Tags : Transaction, Exemption, Claim

If Appellant has discharged appropriate Sales Tax/VAT for sale of goods imported by them, than refund claimed by them cannot be denied(25.07.2017)

Facts of case are that, Appellant had filed a refund claim in terms of Notification No. 102/2007-Cus.: MANU/CUST/0175/2007 dated 14th.....

Tags : Refund claim, Denial, Validity

Interference in exercise of revisional jurisdiction is to be made only if there is a material defect or jurisdictional error in concurrent findings recorded by consumer fora below(29.01.2018)

Present revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order, passed by the State Comm.....

Tags : Compensation, Grant, Insurance claim

Right to medical claim cannot be denied merely because name of hospital is not included in Government Order(13.04.2018)

The jurisdiction of present Court has been invoked by the Petitioner by filing present writ petition against the alleged unfair treatment meted out to.....

Tags : Reimbursement, Medical claim, Entitlement

In absence of statutory provisions, no inherent powers of Court exists to condone delay(25.10.2018)

In facts of present case, the Assessee, had filed a refund claim under special refund mechanism as provided for under the exemption Notification No. 1.....

Tags : Refund claim, Grant, Validity

Caste is acquired by birth and the caste does not undergo a change by virtue of marriage and adoption(04.02.2019)

The Petitioner claims to be belonging to "Mahar" caste, which is included in Scheduled Caste Category. The Petitioner has been appointed as Staff Nurs.....

Tags : Caste claim, Certificate, Validity

Application to initiate insolvency proceedings is maintainable only when Applicant is a financial creditor under Insolvency and Bankruptcy Code (IBC).(23.10.2019)

The Appellant filed the present appeal aggrieved by the order of the Adjudicating Authority National Company Law Tribunal, whereby the Adjudicating Au.....

Tags : Nature of claim, Application, Maintainability

Refund claim cannot be entertained unless order of assessment is modified(18.09.2019)

Present appeals have been preferred by the Assessees as well as by the Union of India aggrieved by the judgment and order passed by the High Courts an.....

Tags : Assessment, Refund claim, Maintainability

Test whether a vehicle is designed for use on a road is objective(22.06.2020)

Mr Simphiwe Robert Makutoana (the deceased) was a pedestrian at the Multipurpose Terminal, Cape Town Harbour, when a large industrial vehicle Reach St.....

Tags : Accident claim, Compensation, Nature, Vehicle

Guidelines on settlement of Life Insurance Claims to the victims of Heavy rainfall and floods in Andhra Pradesh, Telangana, Maharashtra and Karnataka(02.11.2020)

As a result of recent havoc created by heavy rainfall and floods there are reports of loss of human lives and loss of belongings in the affected Distr.....

Tags : Guidelines, Settlement, Insurance Claims

If the tenancy claim is for any term exceeding one year, the tenancy can be made only by a registered instrument(17.08.2021)

Present appeals are directed against the Orders passed by the Chief Metropolitan Magistrate, rejecting the Application filed by the Appellant herein f.....

Tags : Registered instrument, Requirement, Tenancy claim

A court could not take note of prescription of its own accord. A party had to invoke prescription(09.09.2021)

The Appellant (Mr. Jugwanth) claimed fees arising from a contract where he represented the Respondent (MTN) in matters involving the Commission for Me.....

Tags : Claim, Prescription, Invocation

When the complainant had lodged the FIR immediately after the theft of the vehicle, the Insurance Company cannot repudiate the claim on ground of delay(11.02.2022)

The present appeal is directed against the impugned order passed by the National Consumer Disputes Redressal Commission, New Delhi (“the NCDRC”) in Re.....

Tags : Claim, Repudiation, Legality

Ambiguous term in an insurance contract is to be construed harmoniously by reading the contract in its entirety(25.04.2022)

The Appellant is aggrieved by an order of the National Consumer Disputes Redressal Commission (NCDRC) dismissing its complaint. The issue urged by the.....

Tags : Guidelines, Claim, Denial

The party who raises a plea of prescription bears the onus of proof(07.11.2022)

Present is an appeal against the judgment of the High Court, granting the Respondent’s enrichment claim against the Appellant in an amount to be deter.....

Tags : Enrichment claim, Grant, Legality

For claiming rebate of duty under Rule 18 of the Central Excise Rules, the period of limitation prescribed under Section 11B of the Central Excise Act, shall have to be applied(29.11.2022)

The original writ Petitioner/Appellant has preferred the present appeal feeling aggrieved with the impugned judgment passed by the High Court, whereby.....

Tags : Rebate claim, Limitation period, Applicability

It is impermissible for a court to re-evaluate the material on record and supplant its view over that of the arbitral tribunal(05.12.2022)

The Appellant has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 impugning a judgment passed by the lea.....

Tags : Claim, Limitation, Arbitral award

Guidelines on Insurance claims of victims of Subsidence and Landslides in the calamity affected areas in the State of Uttarakhand(19.01.2023)

1. Subsidence and Landslide have caused loss to property in some areas in the State of Uttarakhand. There is an urgent need for the general insurers t.....

Tags : Guidelines, Insurance claims, Victims

Onus is on claimant to establish that money had been entrusted on his behalf to the attorney(28.07.2022)

The Appellant, a practising advocate made an application to the high Court for an order compelling the Respondent, the Legal Practitioners’ Fidelity F.....

Tags : Funds, Entrustment, Claim

A refund can be claimed by a person who has borne the incidence of tax(05.09.2022)

Appellant has filed present Appeal to assail the order passed by the Commissioner (Appeals), by which the order passed by the adjudicating authority r.....

Tags : Refund claim, Rejection, Legality

Sub-Contractor shall not have any contractual relationship with the owner, and shall not be entitled to prefer any claims against the owner(16.06.2023)

Challenge in present Appeal is against the `Impugned Order' passed by the `Adjudicating Authority', by which Order, the `Adjudicating Authority' has d.....

Tags : Contractual relationship, Claim, Legality

Once the resolution plan is finalized then all the claims get extinguished(28.02.2023)

Case set up by the Appellant is that, he had purchased an immovable property from Narendra Solves Pvt. Ltd. vide sale deed dated 18th February, 2015 a.....

Tags : Resolution plan, Approval, Claim

Section 16 of the Carriage by Road Act, 2007 applicable only in respect of suit or legal proceeding instituted against common carrier for any loss of, or damage to, the consignment(01.05.2023)

The Appellant (ESSEMM Logistics), who was the first Defendant in the suit, has preferred this appeal against the rejection of its counter-claim in exe.....

Tags : Counter-claim, Rejection, Legality

Any person claiming refund of any duty is to make an application before the expiry of one year from the date of payment of such duty or interest(28.08.2023)

Present Petition impugns the rejection of a refund claim of Rs. 38,90,832 vide order passed by the Respondent no.3-Assistant Commissioner of Customs, .....

Tags : Refund claim, Rejection, Legality

IBC is a time bound process and any delay in challenging the rejection of the claims cannot be condoned as a matter of routine(05.06.2023)

Present Appeal is preferred by IFCI Limited under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the Impugned Order passed by th.....

Tags : Claim, Rejection, Delay

News

Mumbai Court Declares Mallya Proclaimed Offender(11.11.2016)

A Mumbai Court has declared beleaguered entrepreneur Vijay Mallya, a proclaimed offender and directed the Enforcement Directorate to freeze movable pr.....

Tags : Mumbai Court, Vijay Mallya, proclaimed offender

Delhi HC: Government Under No Obligation to Raise Dispute with Foreign Nation Qua Private Claim(05.12.2016)

Delhi High Court has said that Government of India is under no obligation to raise a dispute with a Foreign Government qua the private claim of its ci.....

Tags : Delhi High Court, Foreign Government, private claim

Communication on settlement of health insurance claims against General Insurance Council's instructions dated 20th June 2020 on "Reference, Rates for COVID-19"(13.01.2021)

1. Attention is drawn to the Circular ref: "Reference rates for COVID-19 treatment" dated 20th June 2020 issued by General Insurance Council [GIC].

Tags : Communication, Settlement, Insurance claims

Delhi HC: Sex Worker Entitled to All Rights But Cannot Claim Special Treatment if She Violates Law(08.08.2022)

Delhi High Court has held that although a sex worker is entitled to all rights available to a citizen, but at the same time, if she violates the law, .....

Tags : Delhi High Court has held that although a sex worker is entitled to all rights available to a citizen, but at the same time, if she violates the law, she would be subjected to the same consequences under law and cannot claim any special treatment.

SC Directs States Not to Reject Applications/Claims of Kin/Family Members of COVID Victims(20.01.2022)

Supreme Court has directed the States not to reject applications/claims of the kin/family members of persons who have succumbed to COVID-19 on technic.....

Tags : Supreme Court, Claims of COVID Victims

Karnataka HC: Right to Claim Bail Becomes Circumscribed on Repeat Bailable Offence(05.01.2021)

Karnataka High Court has said that the right to claim bail under section 436 of Criminal Procedure Code, 1973 (CrPC) becomes circumscribed when an acc.....

Tags : Karnataka High Court, Right to Claim Bail

SC: Conflicting Claims of Legal Representatives Can be Decided in Execution Proceedings(23.01.2020)

Supreme Court has observed that the conflicting claims of legal representatives can be decided in execution proceedings given the principles of Rule 5.....

Tags : Supreme Court, Claims of Legal Representatives

RBI launches - UDGAM - Centralised Web Portal for searching Unclaimed Deposits(17.08.2023)

The Governor, Reserve Bank of India today launched a Centralised Web Portal UDGAM (Unclaimed Deposits - Gateway to Access inforMation). This portal ha.....

Tags : RBI, Web-portal, UDGAM, Unclaimed Deposits

SC: Refund Claim Cannot be Entertained unless Order of Assessment or Self-Assessment is Changed(20.09.2019)

Supreme Court has ruled that the claim for refund under Section 27 of the Customs Act, 1962 cannot be entertained unless the order of assessment or se.....

Tags : SC, Refund Claim

All. HC: Railway Claim Tribunal has Power to Condone Delay U/S 5 of Limitation Act(18.08.2023)

Allahabad High Court has held that if sufficient cause is made out, Railway Claim Tribunal has power to condone the delay under section 5 of the Limit.....

Tags : Allahabad High Court, Limitation Act, Railway Claim Tribunal

SC: Relatives Not Dependent on Claimant Will Constitute Separate Family Unit(11.08.2021)

Supreme Court has observed that the relatives who are not dependent on the claimant will constitute a separate family unit for the purposes of compens.....

Tags : Supreme Court, Relatives Not Dependent on Claimant

Finance Ministry Enables New E-Bill System to Enable Paperless Submission of Bills/Claims(03.03.2022)

Finance Ministry has enabled the new e-Bill system to enable paperless submission, end to end digital processing of bills with the objective of ease o.....

Tags : Finance Ministry, E-Bill System, Paperless Submission of Bills/Claims

Karnataka High Court: Counterclaim Can Only Be Filed Against Plaintiff(15.05.2017)

Karnataka High Court has noted that a counterclaim can only be filed against plaintiff and a presenter of the suit cannot be treated as plaintiff.

Tags : Karnataka High Court, Counterclaim

SC: Breath Analysis or Blood Test Not Necessary to Reject Claim on Ground of Drunken Driving(13.04.2021)

Supreme Court has held that a breath analyzer test or blood test as contemplated under the Motor Vehicles Act, 1988 is not necessary for an insurer to.....

Tags : Supreme Court, Claim on Ground of Drunken Driving

Facility to view status of/deficiency in claim applications and making good those deficiencies(15.01.2020)

1. The Justice (Retd.) R.M. Lodha Committee (the "Committee") had initiated the process of refunds for investors of PACL having claim amount upto Rs. .....

Tags : Status, Claim applications, Deficiencies

If insured continues to remain the owner view of the statutory provisions of the Motor Vehicles Act, 1988, Insurer cannot evade its liability in case of an accident(18.06.2020)

In facts of present case, the Appellant was the owner of Ashok Leyland Truck which was covered by a Policy of Insurance issued by the Insurer effectiv.....

Tags : Claim, Repudiation, Legality

PROPERTY - Person can’t Claim Right to a Sibling’s Self-Acquired Property(05.03.2019)

Delhi High Court has said that a person can’t claim a right to a sibling’s self-acquired property, while evicting a woman from her brother’s south Del.....

Tags : Delhi High Court, Person can’t Claim Right to a Sibling’s Self-Acquired Property.

Google Loses Patent Claim over Invention on Improving Online Ads With Audio(25.09.2015)

Google has lost patent claim over an invention titled ‘improved advertising with audio content’ as the company allegedly failed to satisfy objections .....

Tags : Google ,Patent Claim

Employees to be able to make EPF claims directly(01.12.2015)

The Ministry of Labour and Employment has notified that employees whose Aadhaar and bank account details have been seeded in their activated Universal.....

Tags : Employee, provident fund, attestation, claim

Circular on Mutual Funds(25.02.2016)

The Securities and Exchange Board of India released a circular on the treatment of unclaimed redemption and divided amounts. Some of the changes inclu.....

Tags : Mutual funds, unclaimed redemption, dividend amounts

SC: Hospital Cannot Claim to be Indemnified by Insurer Under Insurance Policies(20.12.2021)

Supreme Court has observed that a joint and several liability could not have been fastened on the insurer and the hospital could not claim to be indem.....

Tags : Supreme Court, Hospital Claim

Delhi HC: Mere Issuance of No Claim Certificate Does Not Ipso Facto Extinguish Claims(05.04.2022)

Delhi High Court has observed that a No Claim Certificate (NCC) shall be examined along with the covering letter and that mere issuance of the NCC by .....

Tags : Delhi High Court, Claim, No Claim Certificate

Madras HC: Assessee Has Option to Choose First Year From Which Deduction is Claimed(08.04.2021)

Madras High court held that the assessee has the option under section 80IA of the Income Tax Act, 1961 to choose the first year from which deduction i.....

Tags : Madras High Court, Claiming Deduction

Bombay HC Partly Allows MACT Order in Appeal Against Compensation Awarded to Kin(21.01.2022)

Bombay High Court has partly allowed an order of the Motor Accident Claims Tribunal, Mumbai, in an appeal against the compensation awarded to kin of a.....

Tags : Bombay High Court, Compensation, Motor Accident Claim

Supreme Court: Delay in Notifying Insurer About Car Theft, No Grounds to Deny Claim(27.01.2020)

Supreme Court has said that mere delay in intimating the Insurance Company about the theft of a vehicle should not be a ground to deny insurance claim.....

Tags : Supreme Court, Insurance Claim on Car Theft, Delay in Notifying Insurer

Procedure to claim refund in FORM GST RFD-01 subsequent to favourable order in appeal or any other forum(03.10.2019)

Doubts have been raised on the procedure to be followed by a registered person to claim refund subsequent to a favourable order in appeal or any other.....

Tags : Refund, Claim, Procedure

Cal. HC to State: Hand Advocate's Unclaimed Dead Body to Bar Association for Performing Last Rites(02.08.2022)

Calcutta High Court has allowed a PIL seeking handing over of an Advocate's unclaimed dead body to the High Court Bar Association, for performing the .....

Tags : Calcutta High Court, Last Rites, Unclaimed Dead Body

All. HC: Person is Declared as Proclaimed Offender Only After Publication of Proclamation(07.09.2023)

Allahabad High Court has held that a proclamation has to be ‘published’ as provided under Section 82(1) CrPC before a person is declared as a proclaim.....

Tags : Allahabad High Court, Proclaimed Offender, Proclamation, Published

Top Story

Employees Provident Fund Organisation (EPFO), launches multi-location claim settlement to expedite member claims(15.06.2020)

In order to ensure uniform standards of service delivery across the country and optimum utilisation of its workforce during COVID-19 Pandemic, EPFO ha.....

Tags : Claim pendency, Settlement, Launch

PROPERTY - Person can’t Claim Right to a Sibling’s Self-Acquired Property(05.03.2019)

Delhi High Court has said that a person can’t claim a right to a sibling’s self-acquired property, while evicting a woman from her brother’s south Del.....

Tags : Delhi High Court, Person can’t Claim Right to a Sibling’s Self-Acquired Property.

SC: Injured Passenger is Entitled to Claim by Railway Admin. Irrespective of Not Being at Fault(19.05.2023)

Supreme Court has held that when in course of working of railway, an untoward incident occurs then whether or not there has been any wrongful act, neg.....

Tags : Supreme Court, Railway Administration, Claim

CBDT Extends Time Period for Processing Income Tax Returns with Refund Claims(01.10.2021)

Central Board of Direct Taxes (CBDT) notified the extension of the time period for Processing returns with refund claims beyond prescribed time limits.....

Tags : Central Board of Direct Taxes, Income Tax Returns with Refund Claims

SC: No Insurance Claim for Theft Committed without Violence(24.08.2016)

SC has ruled that a person or an entity can't seek compensation on insured goods if theft happened without violence and observed that the terms of the.....

Tags : SC, Insurance Claim

Clarification of 'initial assessment year' in Section 80IA (5) of the IT Act(15.02.2016)

The Central Board of Direct Taxes issued a clarification to the ‘initial assessment year’ for the purposes of Section 80IA(5) of the Income Tax Act, 1.....

Tags : Income tax, initial assessment year, deduction claim

P&H HC Issues Guidelines on Proclamation u/s 82 CrPC(25.09.2023)

Punjab and Haryana High Court has issued guidelines for issuance of a proclamation under Section 82 of CrPC for declaration as 'proclaimed offender' a.....

Tags : Punjab and Haryana High Court, Guidelines, Proclaimed Offender

Madras High Court Warns Greater Chennai Corporation Over Waterlogging Issue(10.11.2021)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai, while directing the Goods and services tax (GST) refund to Service Provider rul.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Claiming GST Refund

SC Issues Directions for Disbursement of Compensation And Expeditious Adjudication of MACT Claims(19.11.2021)

Supreme Court has issued a slew of directions regarding disbursement of compensation and expeditious adjudication of motor accident claims by online m.....

Tags : Supreme Court, MACT Claims

ITAT, Chennai Disallows Deduction Claim on Receipts from Carbon Credit(12.02.2020)

Income Tax Appellate Tribunal (ITAT), Chennai has held that the receipts from the sale of the carbon credit are liable to be treated as the capital re.....

Tags : Income Tax Appellate Tribunal, Deduction Claim on Receipts from Carbon Credit

Madras HC Doubles Compensation For Death of Medical Student in Road Accident(17.01.2017)

Madras High Court has increased compensation awarded by a Motor Accident Claims Tribunal to parents of a second year MBBS student who died after being.....

Tags : Madras High Court, Motor Accident Claims Tribunal, Road Accident, Medical Student

Implementation of RMS for processing of duty drawback claims(15.07.2021)

1. Risk Management System (RMS) in export was introduced with effect from 15.7.2013. In this regard, Board's Circular No. 23/2013-Customs dated 24.06......

Tags : Implementation, RMS, Duty drawback claims

SEBI Relaxes Mutual Fund Norms on Unclaimed Investor Money(26.02.2016)

Securities and Exchange Board of India (SEBI) has relaxed mutual fund norms to allow Asset Management Companies (AMCs) to invest unclaimed redemption .....

Tags : Securities and Exchange Board of India, Unclaimed Investor Money

SC Asks Additional Solicitor General on Extension of VAHAN Portal to Tackle Fake Claims(15.12.2021)

Supreme Court has asked the Additional Solicitor General, Mr. K.M. Nataraj to assist the court in tackling the issue of fake claim petitions filed und.....

Tags : Supreme Court, Extension of VAHAN Portal to Tackle Fake Claims

Bombay HC Raps State for Holding Up Pension Claim for 10 Years(12.08.2016)

Bombay HC has rapped State Government for stonewalling the pension claims of Ravindranath Mohite and ordered two senior officials to pay a compensatio.....

Tags : Bombay HC, Pension Claim

Uttarakhand HC Stays Operation of Circular Inhibiting Refund Claims(24.01.2022)

Uttarakhand High Court has stayed the operation of a Circular issued by the Revenue Authorities, to the extent it inhibits refund claims for a period .....

Tags : Uttarakhand High Court, Refund Claims

Delhi HC propagating traditional husband-wife roles?(23.05.2016)

Fallacious litigation by one spouse against the other amounts to mental cruelty, the Delhi High Court noted, even if same is ultimately dismissed.

Tags : domestic violence, false claim, mental cruelty

SC: Not Mandatory to File Accident Claim Before MACT of Area Where Accident Occurred(04.08.2023)

Supreme Court while observing that it is not mandatory to file motor accident claims before MACT having jurisdiction over area where accident occurred.....

Tags : Supreme Court, MACT, Motor Accident Claims

SC: Refer Motor Accident Claims Which Can be Compromised to Lok Adalat(01.08.2022)

Supreme Court has directed compromisable insurance claims from the High Court and the Motor Accidents Claim Tribunal (MACT) which adds up to one lakh .....

Tags : Supreme Court, Lok Adalat, Motor Accidents Claims

Allahabad HC Refuses Protection to Woman/Girl Claiming to Have Married Hindu Man(08.07.2021)

Allahabad High Court has refused to pass a protection order in favor of a woman/girl claiming to have married a Hindu Man noting that she did not prod.....

Tags : Allahabad High Court, Protection to Woman/Girl Claiming to Have Married Hindu Man

Bombay HC: Deduction Not Claimed Earlier Can be Claimed During Proceeding(18.03.2020)

Bombay High Court has held that the deduction which is not claimed earlier can be claimed during the proceeding under Section 151A of the Income Tax A.....

Tags : Bombay High Court, Claim of Deduction

Cal. HC: No Claim Certificate is Invalid if it is Pre-Condition to The Release of Final Payment(22.07.2022)

Calcutta High Court has held that a discharge voucher or No Claim Certificate would be invalid on account of 'Coercion' if it is submitted as a pre-co.....

Tags : Calcutta High Court, No Claim Certificate, Pre-Condition

SC: Insurance Claim Can Be Rejected If Vehicle Was Used Without Valid Registration(01.10.2021)

Supreme Court has observed that an insurance claim can be rejected if a vehicle is used/driven without a valid registration, since that would constitu.....

Tags : Supreme Court, Insurance Claim

Delhi HC: Employee of BRO Has No Fundamental Right to Claim Deputation to Another Organization(07.02.2022)

Delhi High Court has held that an employee of the Border Roads Organisation has no fundamental right to claim a deputation to any other Organisation o.....

Tags : Delhi High Court, Fundamental Right to Claim Deputation

Delhi HC: Efficacious Alternative Remedies in Insurance Claim Dispute Doubtful(13.05.2020)

Delhi High Court has entertained a Writ Petition on a dispute relating to insurance claim observing that the availability of efficacious alternative r.....

Tags : Delhi High Court, Insurance Claim Dispute

CBDT Eases Rules for TDS Claims by Non-Resident Companies(29.06.2016)

Central Board of Direct Taxes (CBDT) has come out with Rule 37BC, which gives relaxation to Non-Residents from furnishing PAN number in India while cl.....

Tags : Central Board of Direct Taxes, Rule 37BC, TDS Claims

Insurance Claim can’t be Denied on Ground of Common Lifestyle Diseases: NCDRC(15.10.2018)

National Consumer Disputes Redressal Commission (NCDRC) has held that insurance claim cannot be denied on the ground of common lifestyle diseases such.....

Tags : NCDRC, Insurance claims

SC: Parties Can’t be Referred to Arbitration Against Decision of General Manager on Notified Claims(22.07.2022)

Supreme Court has held that if the decision of a specified authority/General Manager is final and it is decided by it that the claims are not notified.....

Tags : Supreme Court, Notified Claims, Arbitration

SC: Motor Accident Claim Petition Does Not Abate on Death of Injured Claimant(17.08.2021)

Supreme Court has observed that a motor accident claim petition does not abate even after the death of the injured claimant. The right to sue survive .....

Tags : Supreme Court, Motor Accident Claim

SC Sets Aside Grant of Furlough to Self-Proclaimed Godman and Rape Convict Asaram’s Son(20.10.2021)

Supreme Court has set aside the grant of two weeks' furlough to self-proclaimed godman and rape convict Asaram's son Narayan Sai who is also serving l.....

Tags : Supreme Court, Furlough to Self-Proclaimed Godman and Rape Convict Asaram’s Son

Madras HC: Compensation Cheques Must be on Victim’s Name Only(14.03.2016)

Madras HC has directed that motor accident claims courts not to issue cheques in favour of any person other than the victim, or in the name of any 'co.....

Tags : Madras HC , motor accident claims

Bengaluru Court Directs Social Media to Take Down Photo Against Justice Surya Kant & Pardiwala(13.07.2022)

Bengaluru Court has directed social media platforms Twitter, Facebook, Linkedin, Instagram and Whatsapp to take down a widely circulated photograph wh.....

Tags : Bengaluru Court, Social Media, Defamatory Claims

NCLT Can't Decide Inter-Se Claims by Parties Over Assets of Corporate Debtor: NCLAT(05.02.2019)

National Company Law Appellate Tribunal has held that inter-se claims by parties over assets of the corporate debtor cannot be determined by the Adjud.....

Tags : NCLAT, Inter-Se Claims by Parties Over Assets of Corporate Debtor

U.S. PTO Rules in Favour of Mylan(29.08.2016)

U.S.Patent and Trademark Office (PTO) has ruled in the favour of Natco Pharma’s marketing partner Mylan, with regard to patent claims pertaining to mu.....

Tags : U.S.Patent and Trademark Office, Natco Pharma, patent claims

Kerala HC: Compensation for Actual Damages Includes Value of Spare Parts to be Repaired(11.07.2022)

Kerala High Court while allowing a motor accident claims appeal has held that in Motor Accident Claims the claimant is entitled to get compensation fo.....

Tags : Kerala High Court, Motor Accident Claims, Actual Damages

Ker. HC Directs Claims Commissioner To Start Proceedings For Quantification Of Loss From Next Week(25.01.2023)

Kerala High Court has directed the Claims Commissioner to commence proceedings for quantification of the damages caused on account of Flash Hartal cal.....

Tags : Kerala High Court, Claims Commissioner, quantification, Flash Hartal, Popular Front of India

Delhi High Court Summons Singhs Over Fortis Claim for Dues(15.10.2019)

Delhi High Court has summoned Malvinder and Shivinder Singh after Fortis Healthcare Ltd filed a petition for recovery of dues allegedly siphoned off b.....

Tags : Delhi High Court, Fortis Claim

Govt: Nil Customs Duty on Unclaimed Postal Articles Imported/ Returned to India(24.07.2017)

Central Government has notified complete exemption to unclaimed or re-directed postal articles imported/ returned to India subject to a condition that.....

Tags : Customs Duty, Unclaimed Postal Articles

PROPERTY - Person can’t Claim Right to a Sibling’s Self-Acquired Property(05.03.2019)

Delhi High Court has said that a person can’t claim a right to a sibling’s self-acquired property while evicting a woman from her brother’s south Delh.....

Tags : Delhi High Court, Person can’t Claim Right to a Sibling’s Self-Acquired Property.

SC: Injured Passenger is Entitled to Claim by Railway Admin. Irrespective of Not Being at Fault(19.05.2023)

Supreme Court has held that when in course of working of railway, an untoward incident occurs then whether or not there has been any wrongful act, neg.....

Tags : Supreme Court, Railway Administration, Claim

Delhi High Court: Rebate Claim under Section 11B to be Filed within 1 Yr from Date of Export of Goods(18.12.2019)

Delhi High Court has ruled that a rebate claim under Section 11B of Central Excise Act, 1944 is required to be filed within one year of the export of .....

Tags : Delhi High Court, Rebate Claim

Karnataka HC Directs to Ensure Insurance Companies Transfer Unclaimed Policy Amounts(09.09.2021)

Karnataka High Court has directed the Insurance Regulatory and Development Authority (IRDA) to ensure that all insurance companies follow the master c.....

Tags : Karnataka High Court, Insurance Companies Transfer Unclaimed Policy Amounts

SC: Counter-Claim Can’t be Rejected Merely Because Claims Weren’t Notified at Pre-Arbitral Stage(13.07.2022)

Supreme Court has held that the counter-claim of a party cannot be dismissed merely because the claims were not notified before invoking the arbitrati.....

Tags : Supreme Court, Counter-Claim, Arbitration

Gauhati HC: Children Can't Seek Claim in Property Not Inherited by Deceased Father(04.03.2022)

Gauhati High Court has held that there is no claim on property of a deceased person by his children if the said property was not inherited by the dece.....

Tags : Gauhati High Court, Claim in Property Not Inherited by Deceased Father

Facility to view status of/deficiency in claim applications and making good those deficiencies(02.06.2020)

The Justice (Retd.) R.M. Lodha Committee (the "Committee") vide Press Release dated January 15, 2020 requested investors/applicants with claims upto R.....

Tags : Status, Deficiency, Claim applications

SC Stays Kerala HC Judgment Allowing Live-In Couple to Reclaim Surrendered Biological Child(04.05.2021)

Supreme Court has stayed the operation of a Kerala High Court judgment that restored the custody of a surrendered child to his biological parents, a c.....

Tags : Supreme Court, Reclaiming Surrendered Biological Child

DIRECT TAXATION - Omission by CA Reasonable Cause for Not Claiming Refund in Time: Delhi HC(28.02.2019)

Delhi High Court has held that omission on the part of the Chartered Accountant/ auditor would constitute a reasonable cause delay in claiming the ref.....

Tags : Delhi High Court, Omission by CA Reasonable Cause for Not Claiming Refund in Time

Extension of time limit for filing claims under the Transport and Marketing Assistance Scheme for specified agricultural products(13.07.2021)

In exercise of powers conferred under paragraph 2.04 of the Foreign Trade Policy 2015-2020, as amended from time to time, the Director General of Fore.....

Tags : Extension, Time limit, Claims

Government amended IEPFA Rules, 2016, to simplify refund of claims(09.12.2019)

The Investor Education & Protection Fund (Accounting, Audit, Transfer and Refund) Rules 2016 have been amended vide GSR No.571 (E) dated 14.8.2019 to .....

Tags : IEPFA Rules, Amendment, Refund claims, Simplification

DIRECT TAXATION - Omission by CA Reasonable Cause for Not Claiming Refund in Time: Delhi HC(28.02.2019)

Delhi High Court has held that omission on the part of the Chartered Accountant/ auditor would constitute a reasonable cause delay in claiming the ref.....

Tags : Delhi High Court, Omission by CA Reasonable Cause for Not Claiming Refund in Time

Supreme Court Outlines Conditions for Arrest of Foreign Ship for Maritime Claim(18.09.2017)

Supreme Court has held that arrest of a foreign ship for a maritime claim is permissible only if there is no change of ownership between the date when.....

Tags : Supreme Court, Maritime Claim

Kerala HC: Parties to Litigation Entitled to be Informed of Reasons for Denial of Their Claim(01.02.2022)

Kerala High Court has observed that a party to litigation is entitled to be informed of the reasons behind the denial of their claims.

Tags : Kerala High Court, Denial of Claim

Madras HC Allows Compromise Between Private Insurer & Claimants(06.05.2020)

Madras High Court has passed an order allowing private insurer, Cholamandalam MS General Insurance to execute transfer of 23 different Motor Accident .....

Tags : Madras High Court, Compromise Between Private Insurer & Claimants

Madras HC Directs Motor Accident Claims Tribunals to Release 450 Buses(24.10.2016)

Madras High Court has directed Motor Accident Claims Tribunals in State to release all 450 TNSTC buses, attached for want of payment to claimants invo.....

Tags : Madras High Court, Motor Accident Claims Tribunals

Gujarat HC: Income Tax Not Applicable on Interest Awarded by Motor Accident Claim Tribunal(06.05.2022)

Gujarat High Court has observed that the interest awarded by the Motor Accident Claim Tribunal (MACT) under Section 171 of the Motor Vehicles Act, 198.....

Tags : Gujarat High Court, Motor Vehicles Act, 1988, section 171, Motor Accident Claim Tribunal

Allahabad HC: CrPC Doesn’t Indicates That Proclaimed Offender is Barred to File for Pre-Arrest Bail(21.07.2022)

Allahabad High Court has held that Section 438 of Code of Criminal Procedure (CrPC) doesn't say that a proclaimed offender would be barred to file ant.....

Tags : Allahabad High Court, Anticipatory Bail, Proclaimed Offender

Delhi HC Seeks Consolidated List of All Pending and Adjourned Cases U/S 138 of NI Act(03.06.2022)

Delhi High Court has sought from the Principal District and Sessions Judge (Headquarters) a consolidated list of all cases pending or adjourned under .....

Tags : Delhi High Court, Negotiable Instruments Act, Proclaimed Offenders

Instructions for time bound processing of Duty Drawback claims(16.12.2020)

1.The undersigned is directed to state that to reduce the pendency and improve the rate of disposal of duty drawback claims, various timelines relatin.....

Tags : Instructions, Processing, Duty Drawback claims

Delhi High Court Issues Guidelines for Declaring Persons as Proclaimed Offenders(02.07.2021)

Delhi High Court has issued detailed guidelines to be followed while declaring a person as a Proclaimed Offender so as to ensure that the process unde.....

Tags : Delhi High Court, Proclaimed Offenders

Supreme Court Bars Lenders from Making Claims in Arbitration Tribunals(25.01.2021)

Supreme Court has barred banks and financial institutions from making a claim in an arbitration tribunal to recover their money stating that holding t.....

Tags : Supreme Court, Claims of Banks and Financial Institutions

Chartered Ship Owned by Third Party Can’t Be Arrested in Maritime Claim Against Charterer: SC(16.03.2018)

Supreme Court has held that a maritime claim against the charterer of a ship, who is not the de jure owner of the ship, cannot be enforced through a r.....

Tags : Supreme Court, Maritime Claim

Insured is required to intimate loss or damage to insurer expeditiously and within a reasonable time(25.10.2016)

As complaint was dismissed by Commission, review petitioner/complainant preferred an appeal before Supreme Court. In terms of liberty granted by Supre.....

Tags : Loss or damage, Claim, Delay

SC: Insurance Co. Can’t be Held Guilty of Deficiency of Service Solely for Delay in Processing Claim(14.07.2022)

Supreme Court has held that an insurer cannot be held guilty of deficiency in service solely for delay in processing the claim and delay in repudiatio.....

Tags : Supreme Court, Deficiency, Processing Claims

MACT Awards Rs 30 L Damages to a Man Disabled in Road Mishap(18.05.2016)

Motor Accident Claims Tribunal (MACT) has awarded Rs 30 lakh as compensation to a Delhi resident who got partly disabled in a road accident in 2014.

Tags : Motor Accident Claims Tribunal , compensation

SC Stays CIRP Proceedings on Behalf of Operational Creditor Making Futuristic Claims(17.08.2020)

Supreme Court has stayed the Corporate Insolvency Resolution Process (CIRP) pending against a Corporate Debtor, in view of the "futuristic claims" mad.....

Tags : Supreme Court, Operational Creditor Making Futuristic Claims

Delhi HC Directs Delhi Govt to Hold Negotiatons with Insurance Companies, Finalise Policy(13.08.2020)

Delhi High Court has directed the Delhi Government to hold negotiations with the top 3 nationalised insurance companies in India- New India Insurance,.....

Tags : Delhi High Court, Policy on Group Medical Claim

SC Stays Release Order to Woman Officer Without Considering Claim for Permanent Commission(20.11.2020)

Supreme Court has stayed the order of release issued by the Indian Navy to a woman officer without considering her claim for permanent commission.

Tags : Supreme Court, Claim for Permanent Commission

Madras HC: Limitation Qua Counter-Claim Stops On Date Of Notice Of Arbitration(17.10.2022)

Madras High Court has ruled that the limitation period qua Counter-Claims would be arrested on the date on which the respondent issues the notice of a.....

Tags : Madras High Court, limitation, Counter-Claims

In passing off proceedings, the court must consider all extraneous factors in reaching a conclusion that confusion is likely(01.12.2022)

The dispute was about a shape of a water bottle. Since 2011, Tupperware has been selling a plastic bottle that has the shape of the registered mark, a.....

Tags : Passing off claim, Deception, Likelihood

Delhi HC Directs to Examine on Claims of People Unable to Get Insurance Benefit in Second Covid Wave(28.05.2021)

Delhi High Court has directed IRDAI (Insurance Regulatory and Development Authority of India) to examine as to whether the claims of people who were u.....

Tags : Delhi High Court, Insurance Claims

Stale Claim by Employee Doesn't Become 'Live Claim' Merely by Filing Belated Representation: SC(14.02.2019)

Supreme Court has observed that a stale claim of an employee does not become a live claim merely by filing representations before the employer belated.....

Tags : Gauhati High Court, Stale Claim by Employee

Bombay HC: Telephonic/Email Communications No Substitute For In-Person Hearing(18.03.2021)

Bombay High Court has ruled that telephonic or email communications could not be a substitute for the right of a personal hearing in a Goods and Servi.....

Tags : Bombay High Court, GST Refund Claim

A liability to pay damages must arise under the contract and not otherwise(03.05.2018)

Present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 arises from the judgment whereby the Appellant's petition under Section .....

Tags : Award, Counter-claim, Validity

Gujarat HC: Mere Delay in Filing FIR not Fatal in Motor Accident Claims if Adequate Reason Offered(24.05.2022)

Gujarat High Court has directed the Motor Accident Claims Tribunal to consider the claim petition filed by a motor accident victim, even though there .....

Tags : Gujarat High Court, Motor Accident Claims, FIR

Period for Submission of Agency Commission Claims(12.07.2018)

Please refer to our circular no.DGBA.GBD.N0.3262/31.02.007/2016-17 dated June 15, 2017 through which all agency banks were advised to submit their age.....

Tags : Submission, Agency Commission, Claims

Delhi HC: Employer Can’t Retain Performance Bank Guarantee After Acknowledging Due Performance(14.12.2022)

Delhi High Court has held that the employer cannot withhold the performance bank guarantee after acknowledgement of the due performance of the contrac.....

Tags : Delhi High Court, Performance Bank Guarantee, Counter Claims

ITAT, Mumbai Deletes Tax Claim on Vodafone Rights Issue(15.09.2020)

Income Tax Appellate Tribunal, Mumbai has deleted the addition of Rs 795 Crores by tax authorities as income received from nine Mauritian entities tha.....

Tags : Income Tax Appellate Tribunal, Tax Claim on Vodafone Rights Issue

SC: To Determine Correctness of Caste Claim, Affinity Test is Not Essential(24.03.2023)

Supreme Court has held that affinity test is not a litmus test to decide a caste name and is not an essential part in the process of the determination.....

Tags : Supreme Court, Affinity Test, Caste Claim

CBIC Extends Sanction for Pending IGST Refund Claims on GSTR-1 and GSTR-3B(18.02.2021)

Central Board of Indirect Taxes and Customs (CBIC) has notified the extension of Sanction for pending Integrated Goods and Services Tax refund claims .....

Tags : Central Board of Indirect Taxes and Customs, Pending IGST Refund Claims

MOTOR VEHICLES - SC Asks Govt to Consider Setting Up Mediation Authority for Disposal Of Motor Accident Claims(06.03.2019)

Supreme Court has recommended to Government to examine feasibility of setting up mediation authority for motor accident claims by making necessary am.....

Tags : Supreme Court, Motor Accident Claims, Mediation Centre

SC: Admission of Claims After Acceptance of RP by CoC will Make CIRP an Endless Process(12.09.2023)

Supreme Court has held that if claims are admitted after resolution plan (RP) has been accepted by the Committee of Creditors (COC) under Insolvency a.....

Tags : Supreme Court, CIRP, Resolution Plan, Committee of Creditors, Claims

Madras HC Sets Aside Compensation of Rs 86 Lakhs Awarded in Motor Vehicles Claim(25.03.2020)

Madras High Court has set aside a motor accident award of Rs 86 Lakhs and remanded the matter back to the Motor Accidents Claims Tribunal (Special Sub.....

Tags : Madras High Court, Compensation in motor Vehicles Claim

EPFO Sets Guidelines to Settle Death Claims within Seven Days(02.11.2016)

Employees' Provident Fund Organisation (EPFO) has said that it has issued guidelines to its Field Offices to settle death claims within seven days and.....

Tags : Employees' Provident Fund Organisation, death claims, retirement cases

SC: There Cannot Be Two Arbitration Proceedings With Respect To Same Transaction(25.07.2022)

Supreme Court has held that when a dispute has earlier been referred to arbitration and an award was passed on the claims made, then it is rightful to.....

Tags : Supreme Court, Arbitration, Claims

DIRECT TAXATION - ITAT Rejects Fake Claim for Deduction of Rent Paid to Mother as Same Was an Afterthought(27.03.2019)

Income Tax Appellate Tribunal (ITAT) has disallowed a fake claim for deduction because it was established that the rent paid to mother was nothing, bu.....

Tags : Income Tax Appellate Tribunal, ITAT, Rent Deduction, false claim

Calcutta HC: Arbitral Award Holder’s Claim Would Extinguish on Approval of Resolution Plan(10.05.2021)

Calcutta High Court has stated that an arbitral award-holder's claim would stand extinguished upon the approval of a Resolution Plan for the award-deb.....

Tags : Calcutta High Court, Arbitral Award Holder’s Claim

Bombay HC: No Statutory Authority Can Raise Fresh Claim After Resolution Plan Approved(24.01.2022)

Bombay High Court has ruled that no statutory authority, including the Income Tax authorities, can raise a fresh claim against a Corporate Debtor afte.....

Tags : Bombay High Court, Fresh Claim After Resolution Plan Approved

SC Refers to Larger Bench Question Regarding Consideration of Reservation Claims(28.01.2020)

Supreme Court has observed that allowing the applicants to public posts to submit certificates in proof of their claim of the reservation after the no.....

Tags : Supreme Court, Reservation Claims

Delhi High Court Expresses Concern Over Unclaimed Corpses Piling Up in City Morgues(14.04.2017)

Delhi High Court, worried over unclaimed corpses piling up in city morgues, some even for four months, has asked authorities to streamline process for.....

Tags : Delhi High Court, City Morgues, Unclaimed Corpses

Delhi HC: Not Necessary to Go Into Merits of Claim/ Counter-Claim for Appointment of Arbitrator(02.05.2022)

Delhi High Court has ruled that in a petition under Section 11 of the Arbitration & Conciliation Act, 1996 for appointment of arbitrator, it is not ne.....

Tags : Delhi High Court, Section 11, Arbitration & Conciliation Act, 1996, counter claim

Regularization by Management Gives No Right to Retrenched Employee to Claim Re-Employment: SC(03.01.2019)

Supreme Court has observed that regularization of an employee already in service does not give any right to retrenched employee to invoke Section 25 (.....

Tags : Supreme Court, Employee to Claim Re-Employment, Regularization by Management

SC: No Bar on Allowing Counter Claim Filed Long After Written Statement But Before Framing of Issues(13.10.2022)

Supreme Court has held that there is no bar in taking on record a counter claim filed long after filing of written statement but before framing of iss.....

Tags : Supreme Court, Written Statement, Counter Claim

Bombay HC Grants Relief to Widow of Man Who Died in Train Mishap 15 Yrs Ago(29.05.2017)

Bombay High Court has allowed an appeal against a Railway Claims Tribunal order which rejected a claim for compensation by widow of a man who died in .....

Tags : Bombay High Court, railway claims tribunal

MOTOR VEHICLES - SC Asks Govt to Consider Setting Up Mediation Authority for Disposal of Motor Accident Claims(06.03.2019)

Supreme Court has recommended to Government to examine feasibility of setting up mediation authority for motor accident claims by making necessary ame.....

Tags : Supreme Court, Motor Accident Claims, Mediation Centre

Delhi HC: Proclaimed Offender' Under Sec 82(4) CrPC Cannot be Made Against Person Accused of Cheating(30.03.2021)

Delhi High Court has held that a person accused of offences under Section 406(criminal breach of trust), 420(cheating) and 120B (criminal conspiracy) .....

Tags : Delhi HC, Proclaimed Offender

Non Disclosure of Pre-Existing Illness in MediClaim Proposal Form Valid Ground for Repudiation: SC(26.04.2019)

Supreme Court has allowed an appeal filed by Life Insurance Corporation of India holding that the failure of the insured to disclose the past history .....

Tags : Supreme Court, Mediclaim

SC: Just Compensation Exceeding Claimed Amount Can be Awarded(05.09.2022)

Supreme Court has held that motor accident compensation amount actually due and payable is to be awarded despite the claimants having sought for a les.....

Tags : Supreme Court, Motor Accident Compensation, Claim

J&K&L HC: PF & Pecuniary Benefits Received By Legal Heirs of Deceased Have No Co-Relation With MAC(23.08.2022)

Jammu and Kashmir and Ladakh High Court has held that Provident Fund (PF), and other pecuniary advantages receivable by heirs on account of one's deat.....

Tags : Jammu and Kashmir and Ladakh High Court, Motor Accident Claim, Pecuniary Advantages

Delhi HC Asks CBDT to Consider No Tax on Accident Claims(17.04.2019)

Delhi High Court has asked Central Board of Direct Taxation (CBDT) to consider tweaking practice of claiming tax on interest accrued upon compensation.....

Tags : Delhi High Court, Motor Accident Claims

Bombay HC Issues Guidelines for Claims Settlement Under Motor Vehicles Act(22.12.2016)

Bombay High Court has issued several guidelines regarding disposal of claims for accidents under Motor Vehicles Act by Motor Accident Tribunals in Sta.....

Tags : Bombay High Court, claims, accidents, Motor Vehicles Act

Delhi HC: Whether A Claim Is 'Notified Claim' Under Contract; Falls Outside the Scope Of Arbitration(14.10.2022)

Delhi High Court has observed that the dispute whether a claim raised by a party is a 'Notified Claim' under the Contract, which can be referred to ar.....

Tags : Delhi High Court, Notified Claim, arbitration

Del HC: Delay in Approaching Authority for Constitution of Tribunal Won’t Render Claims Time Barred(10.02.2023)

Delhi High Court has held that period within which party is required to approach court for constitution of arbitral tribunal, can’t be conflated with .....

Tags : Delhi High Court, Limitation, Claims, Arbitral Tribunal