Articles by FCS Deepak Pratap Singh

The Supreme Court of India has once again reiterated - Principles of Good Faith

FCS Deepak Pratap Singh 24 March 2022 at 09:01

The Supreme Court of India has once again reiterated one of the foundational principles of Insurance Law: Non-disclosure of material information by an Insured at the time of entering into a contract of insurance would entitle a prudent Insurer to repudiate a claim made under the underlying policy on such ground.

Just compensation under Motor Vehicles Act 1988

FCS Deepak Pratap Singh 24 March 2022 at 09:01

The Motor Vehicle Act of 1988 is a comprehensive Act that has replaced the Motor Vehicle Act, 1939. It was implemented on 1st July 1989. The first Act that came in force regulating the road transport vehicles was the Motor Vehicles Act, 1914.

Whether Notional Interest on Security Deposit paid by employer for accommodation of its employee will also be included while calculating perquisites

FCS Deepak Pratap Singh 23 March 2022 at 09:09

Perquisite value of a residential accommodation provided by the employer to its employee will be calculated on the basis of actual rent paid or payable and no notional interest on Security Deposit deposited by employer

Importance of certificate of insurance (COI)

FCS Deepak Pratap Singh 21 March 2022 at 08:49

A certificate of insurance (COI) is issued by an insurance company or broker. The COI verifies the existence of an insurance policy and summarises the key aspects and conditions of the policy.

Analysis of word "Advancement of any other object of general public utility" under IT Act 1961

FCS Deepak Pratap Singh 19 March 2022 at 07:18

As you are aware subject to the provisions of Sections 60 to 63, the income of a religious or charitable trust or institution, to the extent specified in the Act, is exempt from tax when certain prescribed conditions are fulfilled

Capital gains cannot be considered while calculating book profit for Section 115JB

FCS Deepak Pratap Singh 18 March 2022 at 08:03

THE BOMBAY HIGH COURT HELD THAT- Capital Gain credited to Capital Reserve Account instead of Profit & Loss Account cannot be considered while computing Book Profit for the provision of Section 115JB (MAT).

Case study - National spot exchange limited

FCS Deepak Pratap Singh 17 March 2022 at 08:58

As you are aware that the management of a company is supposed to work in the best interest of the shareholders, however in practice it may pursue its own agenda and that leads to the agency conflicts. Since corporates are legal entities and managed by natural persons and they collectively called Board of Directors.

Whether a German Company can file application under Sec 9 of IBC 2016

FCS Deepak Pratap Singh 17 March 2022 at 08:58

The Respondent, a German Company (Operational Creditor) filed an application under Section 9 of the Insolvency & Bankruptcy Code,2016 against Indian Company, M/s. Excel Metal Processors Ltd., alleging that the " Corporate Debtor" has committed default in making payment to an extent of US$1,258,2019.42 inclusive of interest @15% p.a.

Whether several independent units can constitute "A residential house"

FCS Deepak Pratap Singh 16 March 2022 at 08:49

Any person will construct his house according to his need and on the basis of future requirements. The house build may consist of one unit or it may consist of several separate units.

Assignment of marine insurance policies

FCS Deepak Pratap Singh 16 March 2022 at 08:49

A contract of marine insurance may by its express terms or by usage of trade be extended so as to protect the insured against losses on inland waters or any land risk which may be incidental to any sea voyage.