What a Clauseo session looks like.

MEDICAL CLAIM DENIAL · CONSUMER PROTECTION

My client’s wife bought a health insurance policy online. It was approved and the premium was paid. When she was hospitalised at one of the insurer’s partner hospitals, her cashless claim was rejected for a “pre-existing condition” without any supporting medical evidence. The treating doctor issued a letter confirming no PED. A reconsideration request was filed and also denied. As her condition worsened, the family moved her to a government hospital, where she passed away. Does this amount to deficiency of service?

TYING & BUNDLING · CCI / SECTION 4

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?

IMPORT FRAUD · CIVIL & CUSTOMS

I need to conduct legal research for a case. The client was in the business of importing and wholesaling garments from Vietnam to India. A supplier reached out about a shipment of branded garments and apparel and stated that he would clear the shipment by obtaining NOCs from the concerned brands, which had to be provided to the customs department for clearance. The client paid for the goods, the manufacturer shipped them, but the supplier never obtained the NOCs. The goods were stuck at the port. Even after repeated requests, the supplier failed to produce them. Customs initiated an enquiry against the client; he had to pay heavy penalties, and lost 70% of the goods. The client also paid significant amounts in demurrage and port fees. The supplier has since stopped responding to all calls and texts. I need to know two things: first, what courses of legal action are available; and second, have any cases with similar facts been decided by Indian courts?

TERMINATION & ESTOPPEL · 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 · 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?

INTERMEDIARY LIABILITY · IT ACT § 79

How have courts interpreted the due-diligence requirement for intermediaries under Section 79 of the IT Act?

EXPIRED BID VALIDITY · ELECTRICITY ACT § 63

Whether the Central Electricity Regulatory Commission, or any State 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 & KNOWLEDGE · ARTICLE 113

Does limitation for a claim run from the date of the 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?

METRO ENCROACHMENT · WRIT JURISDICTION

Find me judgements on the issue of underground Delhi Metro stations providing shops to people by encroaching on the walking and pedestrian path area.

PHANTOM STOCK · FEMA & NON-RESIDENTS

Whether a phantom stock option is a permissible instrument that can be granted to a non-resident employee by an Indian company under the Foreign Exchange Management Act.

SECTION 34 INTERFERENCE · ARBITRATION

What is the scope of interference by a judge in a petition under Section 34 challenging an arbitral award?

VINTAGE IMPORT · CUSTOMS & MOTOR VEHICLES

I want to import an old 911 — something from the 80s or 90s — into India and drive it daily. What’s the situation, and how do I make it happen?

INDUSTRIAL POLLUTION · NGT & WRIT REMEDIES

What are the legal remedies for residents affected by industrial pollution in their area?

OFFICER LIABILITY · NI ACT § 141

Which Section of the Negotiable Instruments Act specifically deals with the liability of persons in charge of a company?