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Health insurance claim denial
So my client is the aggrieved party, what happened is their wife bought an health insurance policy online which got approved and the premium was paid. Subsequently, the insured fell ill and had to be hospitalised at a partner hospital of the insurance company. When she sought cashless processing of her insurance claim, it was rejected on the grounds of "pre-existing condition" without any medical evidence/document to support//indicate the same. Thereafter, the insured recieved and submitted a letter to the insurance company from the treating doctor at the hospital stating that she was not suffering ped (pre-existing disease) and made a request for reconsideration for the cashless processing but the same was still not granted. As the health condition of the insured was worsening, the family shifted her to a government hospital wherein she succumbed to her illness and died. Does this amount to deficiency of service
Tying bundling cases competition act
Can you find cases where allegations of tying or bundling were examined but were either not established or were not considered violative of Section 4 of the Competition Act, 2002?
Legal research import garments
I need to conduct legal research for a case. the facts of the case are that the client was in the business of import and wholesale of garments from Vietnam to India. A supplier reached out to him stating that a certain shipment of branded garments and apparels and stated that he will get the said shipment cleared by obtaining NOCs from the concerned brands which have to be provided to the customs department for clearing the goods. Upon payment of the goods to the manufacturer and shipment of the same, the said NOCs were never obtained by the supplier because of which the goods were stuck at the port for clearance. Even after repeated requests the supplier failed to obtain NOCs and the customs officials initiated an enquiry upon the client due to which he had to pay heavy penalties and even lost 70% of the goods. the buyer even had to pay huge amounts in demurrage and port fees. The supplier had even stopped responding to all calls and texts in the meantime. I need to know two things, first, what are the possible courses of legal action available in such a case; and second, have there been any cases with somewhat similar facts that have been decided by courts in India?
Contract termination acceptance and arbitration
Where a party accepts the termination of a contract without protest, retrieves its materials, submits final bills, and raises no objection at the time, can it subsequently challenge the termination in arbitration? How have courts applied the doctrines of estoppel, waiver, and acquiescence in such situations?
Oral evidence and written contracts
Under Sections 91 and 92 of the Indian Evidence Act, can oral evidence be used to contradict, vary, add to, or subtract from the terms of a written contract? What exceptions have courts recognised to this rule, and in what circumstances have they permitted such evidence to be admitted?
IT Act Section 79 due diligence
How have courts interpreted the due diligence requirement for intermediaries under Section 79 of the IT Act?
Expired bid validity tariff adoption
Whether the Central Electricity Regulatory Commission / any Electricity Regulatory Commission can adopt tariff under Section 63 of the Electricity Act, 2003 where the validity period of the successful bidder’s bid has expired on the date of tariff adoption, and what rights accrue to a successful bidder who has accepted a Letter of Award but whose bid validity expired before tariff adoption.
Limitation Act and claimant knowledge
Does limitation for a claim run from the date of first cause of action or from the date the claimant gained knowledge of certain facts? Is there any distinction between 'knowledge' and 'full knowledge' under Article 113 of the Limitation Act?
Delhi Metro station encroachment case
find me judgments that are on the issue underground delhi metro stations providing shops to people by encroaching on the walking/pedestrian path area.
FEMA phantom stock options non-residents
Whether a phantom stock option is a permissible instrument that can be provided to a non resident employee by an indian company under the indian foreign exchange management act
Judicial interference in arbitral awards
What is the scope of interference by a judge in a petition under section 34 challenging and arbitrary award?
Importing vintage Porsche into India
i wanna import an old 911, like something from the 80s or 90s into india and drive it daily. what’s the situation, how do i make it happen?