The Important guidelines contained in IRDA (Protection of Policyholders Interests) Regulations, 2002

The Important guidelines contained in IRDA (Protection of Policyholders Interests) Regulations, 2002 are as under:

9. Claim procedure in respect of a general insurance policy (1) An insured or the claimant shall give notice to the insurer of any loss arising under contract of insurance at the earliest or within such extended time as may be allowed by the insurer. On receipt of such a communication, a general insurer shall respond immediately and give clear indication to the insured on the procedures that he should follow. In cases where a surveyor has to be appointed for assessing a loss/ claim, it shall be so done within 72 hours of the receipt of intimation from the insured.

(2) Where the insured is unable to furnish all the particulars required by the surveyor or where the surveyor does not receive the full cooperation of the insured, the insurer or the surveyor as the case may be, shall inform in writing the insured about the delay that may result in the assessment of the claim. The surveyor shall be subjected to the code of conduct laid down by the Authority while assessing the loss, and shall communicate his findings to the insurer within 30 days of his appointment with a copy of the report being furnished to the insured, if he so desires. Where, in special circumstances of the case, either due to its special and complicated nature, the surveyor shall under intimation to the insured, seek an extension from the insurer for submission of his report. In no case shall a surveyor take more than six months from the date of his appointment to furnish his report.

 (3) If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall require the surveyor under intimation to the insured, to furnish an additional report on certain specific issues as may be required by the insurer. Such a request may be made by the insurer within 15 days of the receipt of the original survey report. Provided that the facility of calling for an additional report by the insurer shall not be resorted to more than once in the case of a claim.

 (4) The surveyor on receipt of this communication shall furnish an additional report within three weeks of the date of receipt of communication from the insurer.

 (5) On receipt of the survey report or the additional survey report, as the case may be, an insurer shall within a period of 30 days offer a settlement of the claim to the insured. If the insurer, for any reasons to be recorded in writing and communicated to the insured, decides to reject a claim under the policy, it shall do so within a period of 30 days from the receipt of the survey report or the additional survey report, as the case may be.

(6) Upon acceptance of an offer of settlement as stated in subregulation (5) by the insured, the payment of the amount due shall be made within 7 days from the date of acceptance of the offer by the insured. In the cases of delay in the payment, the insurer shall be liable to pay interest at a rate which is 2% above the bank rate prevalent at the beginning of the financial year in which the claim is reviewed by it.

Section 37 of the Arbitration and Conciliation Act 1996

CHAPTER IX

 APPEALS 37.

 Appealable orders.

 1. An appeal shall lie from the following orders (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order, namely :- (a). granting or refusing to grant any measure under section 9; (b). setting aside or refusing to set aside an arbitral award under section 34.

 2. An appeal shall also lie to a court from an order of the arbitral tribunal- (a). accepting the plea referred to in sub-section (2) or subsection (3) of section 16; or (b). granting or refusing to grant an interim measure under section 17.

 3. No second appeal shall lie from an order passed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to the Supreme Court.

Meaning of Commercial Disputes as Secion 2 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015

2. (1) In this Ordinance, unless the context otherwise requires,- (c) "commercial dispute" means a dispute arising out of-

(i) ordinary transaction of merchants, bankers, financiers and trade such as those relation to mercantile documents, including enforcement and interpretation of such documents;

 (ii) export or import of merchandise or services;

 (iii) issues relating to admiralty and maritime law;

 (iv) transactions relating to aircraft, aircraft engines, aircraft equipment and helicopters, including sales, leasing and financing of the same;

(v) carriage of goods; (vi) construction and infrastructure contracts, including tenders;

 (vii) agreements relating to immovable property used exclusively in trade or commerce;

 (viii) franchising agreements;

(ix) distribution and licensing agreements;

 (x) management and consultancy agreements;

 (xi) joint venture agreements;

 (xii) shareholders agreements;

(xiii) subscription and investment agreements pertaining to the service industry including outsourcing services and financial services;

 (xiv) mercantile agency and mercantile usage;

(xv) partnership agreements; (xvi) technology development agreements;

 (xvii) intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits;

 (xviii) agreements for sale of goods or provision of services;

 (xix) exploitation of oil and gas reserves or other natural resources including electromagnetic spectrum; (xx) insurance and re-insurance;

 (xxi) contracts of agency relating to any of the above; and

 (xxii) such other commercial disputes as may be notified by the Central Government. Explanation.- A commercial dispute shall not cease to be a commercial dispute merely because- (a) it also involves action for recovery of immovable property or for realisation of monies out of immovable property given as security or involves any other relief pertaining to immovable property; (b) one of the contracting parties is the State or any of its agencies or instrumentalities, or a private body carrying out public functions.

Section 15 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015

15.(1) All suits and applications, including applications under the Arbitration and Conciliation Act, 1996, relating to a commercial dispute of Specified Value pending in a High Court where a Commercial Division has been constituted, shall be transferred to the Commercial Division.

(2) All suits and applications, including applications under the Arbitration and Conciliation Act, 1996, relating to a commercial dispute of Specified Value pending in any civil Court in any district or area in respect of which a Commercial Court has been constituted, shall be transferred to such Commercial Court: Provided that no suit or application where the final judgment has been reserved by the Court prior to the constitution of the Commercial Division or the Commercial Court shall be transferred either under sub-Section (1) of sub-Section (2).

(3) Where any suit or application, including an application under the Arbitration and Conciliation Act, 1996, relating to a commercial dispute of Specified Value shall stand transferred to the Commercial Division or Commercial Court under sub Section (1) or sub-Section (2), the provisions of this Ordinance shall apply to those procedures that were not complete at the time of transfer.

 (4) The Commercial Division or Commercial Court, as the case may be, may hold case management hearings in respect of such transferred suit or application in order to prescribe new timelines or issue such further directions as may be necessary for a speedy and efficacious disposal of such suit or application in accordance with Order XIV-A of the Code of Civil Procedure, 1908: Provided that the proviso to sub-rule (1) of Rule 1 of Order V of the Code of Civil Procedure, 1908 shall not apply to such transferred suit or application and the court may, in its discretion, prescribe a new time period within which the written statement must be filed.

 (5) In the event that such suit or application is not transferred in the manner specified in such-section (1), subsection (2) or sub-Section (3), the Commercial Appellate Division of the High Court may, on the application of any of the parties to the suit, withdraw such suit or application from the court before which it is pending and transfer the same for trial or disposal to the Commercial Division or Commercial Court, as the case may be, having territorial jurisdiction over such suit, and such order of transfer shall be final and binding.

Section 10 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015

Section 10  of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015

10. Whereas the subject matter of an arbitration is a commercial dispute of a Specified Value and –

(1) If such arbitration is an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 that have been filed in a High Court, shall be heard and disposed of by the Commercial Appellate Division where such Commercial Appellate Division has been constituted in such High Court.

 (2) If such arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 that have been filed on the original side of the High Court, shall be heard and disposed of by the Commercial Appellate Division where such Commercial Appellate Division has been constituted in such High Court.

 (3) If such arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 that would ordinarily lie before any principal civil court of original jurisdiction in a district (not being a High Court) shall be filed in, and heard and disposed of by the Commercial Court exercising territorial jurisdiction over such arbitration where such Commercial Court has been constituted.

Format and guidelines of affidavit of evidence, THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ORDINANCE, 2015

Format and guidelines of affidavit of evidence.

(THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ORDINANCE, 2015)

An affidavit must comply with the form and requirements set forth below:

(a) such affidavit should be confined to, and should follow the chronological sequence of, the dates and events that are  relevant for proving any fact or any other matter dealt with;

(b) where the Court is of the view that an affidavit is a mere reproduction of the pleadings, or contains the legal grounds of any party's case, the Court may, by order, strike out the affidavit or such parts of the affidavit, as it deems fit and proper;

(c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of the subject;

(d) an affidavit shall state-

(i) which of the statements in it are made from the deponent's own knowledge and which are matters of information or belief; and

(ii) the source for any matters of information or belief.

(e) an affidavit should-

(i) have the pages numbered consecutively as a separate document (or as one of several documents contained in a file);

(ii) be divided into numbered paragraphs;

(iii) have all numbers, including dates, expressed in figures; and

(iv) if any of the documents referred to in the body of the affidavit are annexed to the affidavit or any other pleadings, give the annexure and page numbers of such documents that are relied upon.".

 FORMAT STATEMENT OF TRUTH BY WAY OF AFFIDAVIT

STATEMENT OF TRUTH, BY WAY OF AFFIDAVIT

IN THE COURT OF-------------

ABC                                                                     PETITIONER

VS.

XYS                                                                      RESPONDENT

STATEMENT OF TRUTH BY WAY OF AFFIDAVIT

STATEMENT OF TRUTH BY, [party position and name of party in full] I, the deponent above-named, do hereby solemnly affirm  and declare as under I, ------ S/o Sh.-------, aged about ---- Years, working having its  registered office at    ---------------------------------- ,

I, the deponent above-named, do hereby solemnly affirm and declare as under:-

1.       I am Mr. [name of party and relevant details]  ------------------ in the above-captioned Petition and competent to swear this affidavit.

2.       I am sufficiently conversant with the facts of the case and have also examined all relevant documents and records in relation thereto.

3.       I say that the statements made in [mention specific paragraph numbers] Paragraphs --- to ---- are true to my knowledge and statements made in [mention specific paragraph numbers] paragraphs --- to --- are based on information received which I believe To be correct and statements made in [mention specific paragraph numbers]paragraphs --to-- are I  based on legal advice.

4.       I say that there is no false statement or concealment of any material fact, document or record and I have included information that is according to me, relevant for the present suit.

5.       I say that that all documents in my power, possession, control or custody, pertaining to the facts and circumstances of the proceedings initiated by me have been disclosed with the Petition.

6.       I say that the above-mentioned pleading comprises of a total of [number of pages] ---pages, each of which has been signed by me.

7.       I state that the documents hereto are true copies of the documents referred to and relied upon by me.

8.       I say that I am aware that for any false statement or concealment, I shall be liable for action taken against me under the law.

Place:

Date:

VERIFICATION

The statements made above are true to my knowledge.

Verified at-------on------.

Guidelines of affidavit of evidence

I How effective is the polygraph test?

I How effective is the polygraph test?

          The accuracy of the polygraph has been contested almost since the introduction of the device. Nearly eight decades after their invention, polygraph tests are not admissible in court._ In some countries, lie detectors are used for background checks during job interviews and during police investigations ' to extract more information from the suspect; but the results are not admissible in courts. Various studies suggest that the results could get distorted if the subject exhibits anxiety for reasons other than guilt. They can also be wrong if the person can control his or her anxiety level. In other words, a measured response can result in unreliable conclusion.

• I How effective is the polygraph test?
• I What is brain-mapping. and how does it work?
• What is Narco-analysis?

What is apolygraph test ?

What  is holography test ? .

     A polygraph, commonly known as lie detector, is a device used to detect lies by measuring several physiological variables of the person being questioned. While taking a polygraph test, a person gets four to SIX sensors attached to his/her body. The poly- graph machine 'records multiple (hence “poly”) signals from the sensors on a single strip of moving paper (“graph”). The sensors usually record the person’s blood  pressure, heart rate, respiration and ' perspiration rate While he is asked a series of questions. The main principle behind this test is based on the ancient hypothesis of nervousness while telling a lie.

I What is brain-mapping. and how does it work?

I What is brain-mapping. and how does it work?

        American scientist Lawrence Farwell is credited with developing brain mapping or brain fingerprinting technology. This system determines whether or not specific information is stored in a person’s memory. The test measures individual brain-wave responses to relevant words, pictures or sounds presented by a computer. Our brain has the capacity to store events as memories. This function of the brain is used in differentiating a criminal and an innocent person. The criminal’s brain stores the sequence of events that happens at the crime scene, an innocent man’s brain however would have no such memories. The brain fingerprinting method scientifically detects the presence or absence of specific information. Words, pictures, codes and sounds related to the crime are presented to the subject by a computer.

• I How effective is the polygraph test?
• I What is brain-mapping. and how does it work?
• What is Narco-analysis?

Amendment of Section 37 of the arbitration and conciliation act 1996

20. In section 37 of the principal Act, in sub—section (1 ), for clauses (a) and (b), the following clauses shall be

substituted, namely:—

“(a) refusing to refer the parties to arbitration under section 8;

(b) granting or refusing to grant any measure under section 9;

(c) setting aside or refusing to set aside an arbitral award under section 34.”.

What is narco-analysis?

What is Narco-analysis?

       The Latin expression “in vino veri- tas” meaning "truth in wine” shows that alcohol can be the one of the oldest truth sera. The term narco-analysis is derived from the Greek word narke meaning “numbness “ and is used as a psycho therapeutic as well

as an interrogating technique that uses barbiturate drugs or truth serums  to induce a State of unconsciousness in which secrets come to the surface; Where they can be exploited by the therapist. In modern times, sodium thiopental or sodium pentothal is Widely used as a truth serum. This drug decreases higher cortical brain functioning. The main principle Which works in this analysis is the hypothesis that lying is more complex than truth and hence a lower level of cortical activity Will force the subject to tell the truth.

• I How effective is the polygraph test?
• I What is brain-mapping. and how does it work?
• What is Narco-analysis?

PETITION UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 FOR APPOINTMENT OF ARBITRATOR

IN THE -------- AT NEW DELHI

ARBITRATION PETITION NO. _______ OF 2015

IN THE MATTER OF:-

ABC                                                                      …      Applicant

Versus

Xyz                      

                                                …      Respondent

PETITION UNDER SECTION 11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996 FOR APPOINTMENT OF ARBITRATOR

MOST RESPECTFULLY SHEWETH:

1.	Provision under Section which the Application is filed.		Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the said Act”).
2.	Name of the Applicant with complete address.		ABC
3.	Name of the other party to the Arbitration Agreement with complete address.		Xyx
4.	Names and addresses of the Arbitrators, if any, already appointed by the parties.		None
5.	Name and address of the person or institution, if any, to whom any function has been entrusted by the parties to the Arbitration Agreement under the appointment procedure agreed upon by them.		In accordance with Clause 34 of the terms and conditions agreed upon between the parties, disputes may be referred to Arbitration of a person selected by the Applicant out of a panel of three persons nominated by the General Manager of the Unit or Project of the Respondent Company to which the Contract relates.
6.	Qualification required, if any, of the Arbitrator by the agreement of the parties.		None

7.       The brief facts describing the general nature of the disputes and the points at issue.

“34.0 Arbitration and Governing Law

34.1   Arbitration:

All disputes and differences which may arise out of or in connection with or are incidental to the Agreement(s) including any dispute or difference regarding the interpretation of the terms and conditions of any clause

.”

A.           same is realized.

B.           That in terms of Clause 34 of the general purchase conditions of the said Purchase Order, it was agreed that in case of any disputes that may arise pertaining to the agreement, the Applicant shall be entitled to select an arbitrator from a panel of 3 persons nominated by the Respondent. However, in spite of serving upon the Respondent the notice invoking arbitration, no reply has been received by the Applicant.

C.           Accordingly, the Applicant has no other option and is constrained to file the present Petition before this Hon’ble Court for appointment of Sole Arbitrator to adjudicate all disputes between parties.

D.          The Respondent has its Office at New Delhi, within the territorial jurisdiction of this Hon’ble Court. Detailed discussions, negotiations and meetings have taken place between the applicant and the respondent at -----, both before and after execution of the said agreement.  The arbitration proceedings between the parties have further been stipulated to be held at ---- as per the agreement between the parties. Hence, it is submitted that this Hon’ble Court has the territorial as well as pecuniary jurisdiction to entertain, try and dispose of the present Petition, since the cause of action and/or part thereof has arisen within the territorial jurisdiction of this Hon’ble Court.

E.           That the present application is filed within the period of limitation.

8.	Valuation of the subject matter.		That the present suit has been valued at Rs.-------/-and appropriate Court fees is being affixed on this petition.
.	Reliefs.		In the premise, it is most respectfully prayed that this Hon’ble Court may be pleased to:- (a)      Appoint a sole Arbitrator to adjudicate upon and decide all the disputes between the Applicant and the Respondent arising out of or relating to Purchase Order No. -------; and (b)      Pass such further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

APPLICANT

THROUGH                                       

-

ADVOCATES FOR THE APPLICANT

-

-

DATED:     /  /2015

VERIFICATION:

I, -  , designated as ------ of the applicant do hereby verify that what is stated in paragraphs 1 to ___________) is based on the information received from the records of the Applicant company and what is stated in the remaining paragraph is based on legal advise and I believe the same to be true.

Verified on this       day of,            , 2015.

DEPONENT

                                                        

IN THE- COURT OF DELHI AT NEW DELHI

ARBITRATION PETITION NO. _______ OF 2015

IN THE MATTER OF:-

-.                          ---                                            …      Applicant

VERSUS

-----              …      -------------------------------Respondent

AFFIDAVIT

I, - S/o of Shri -, aged about --years, presently -  of the Applicant company having its registered office at-, India, do hereby solemnly affirm and declare as under:-

1.       That I am -   in the Applicant Company and am duly authorized and competent to sign and verify the present Petition and am fully conversant with the facts and circumstances of the case and am competent to swear the present affidavit.

                              

2.       That I have gone through the contents of the accompanying Application under Section 11 of Arbitration and Conciliation Act, 1996, which has been drafted by the Counsel at my instance and I state that the same are based on the official records maintained by the applicant Company and are believed to be true and correct.

3.       That the contents of the present affidavit are true and correct and nothing material has been concealed.

DEPONENT

VERIFICATION

Verified at New Delhi on this _____ day of ________ 2015 by the above named deponent that the contents of the above affidavit are true and correct, no part of it is false and nothing material has been concealed therefrom.

DEPONENT

URGENT APPLICATION for List the Case in the Court

IN THE ----- COURT OF DELHI AT NEW DELHI

------NO. _______ OF 2015

IN THE MATTER OF:-

Abc                                                                                 . …    APPLICANT

VERSUS

M/S.Xys                                                                 …   RESPONDENT

URGENT APPLICATION

1.  May I request you to kindly treat the for accompanying application/Suit Writ Petition/ CM Main Petition/any an urgent one in accordance with the Rule of the High Court of Delhi.

     2.    Urgent direction are prayed for.

3.           Kindly list on.--/----/2015

-

                             ADVOCATES FOR THE PETITIONER 

                                      -

DATED: ---/----/2015

NEW DELHI

APPLICATION UNDER SECTION 151 OF C.P.C. SEEKING EXEMPTION FROM FILING THE ORIGINAL/ TRUE TYPED COPY OF THE ANNEXURE/S WITH AFFIDAVIT.

IN THE --------------- COURT OF DELHI AT NEW DELHI

I.A NO.       OF 2015

IN

------------. _______ OF 2015

IN THE MATTER OF:-

ABC.                                                                    …      Applicant

VERSUS

Xyz                                                                       …      Respondent

APPLICATION UNDER SECTION 151 OF C.P.C. SEEKING EXEMPTION FROM FILING THE ORIGINAL/ TRUE TYPED COPY OF THE ANNEXURE/S WITH AFFIDAVIT.

MOST RESPECTFULLY SHOWETH:

1.           That the applicant/petitioner herein filed the accompanying Petition before this Hon'ble Court under Section ------- Act, 1996 for ---- - in respect of ---, the facts of which are not being reproduced herein for the sake of brevity and may be read and be form part of the present application.

2.           That due to urgency in the matter the Applicant could not file the original of the annexure/s and also could not be able to get the copies of annexure typed and filed in respect of certain documents.

3.           The Applicant therefore prays for being exempted from filing original as well as typed copy of the annexure/s and be allowed to file true copy of the same.

4.       That the present application is made bona fide and in the interest of justice.

PRAYER

It is, therefore, most respectfully prayed this Hon’ble Court may be pleased to:-

a.       Exempt the Applicant from filing original as well as true typed copy of the annexure/s.

b.       Pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case. 

PETITIONER/ APPLICANT

THROUGH                                                 

Advocate

NEW DELHI

DATE:

------------------------------------------------------------------------------------------------------

IN THE -------- COURT OF DELHI AT NEW DELHI

IA NO.      OF 2015

IN

-------------. _______ OF 2015

IN THE MATTER OF:-

Abc                                          .                           …      Applicant

VERSUS

Xyz                                                                       …      Respondent

AFFIDAVIT

I, ---, S/o of ---------, aged about --- years, presently AGM (Commercial)  of the Applicant company having its registered office at ------------------, India, do hereby solemnly affirm and declare as under:-

1.       That I am  AGM (Commercial) in the Applicant Company and am duly authorized and competent to sign and verify the present Petition. That I am fully conversant with the facts and circumstances of the case and am competent to swear the present affidavit.

                              

2.       That I have gone through the contents of the accompanying Application which has been drafted by the Counsel at my instance and I state that the same are based on the official records maintained by the applicant Company and are believed to be true and correct.

3.       That the contents of the present affidavit are true and correct and nothing material has been concealed.

DEPONENT

VERIFICATION

Verified at New Delhi on this _____ day of ________ 2015 by the above named deponent that the contents of the above affidavit are true and correct, no part of it is false and nothing material has been concealed therefrom.

DEPONENT