Case Highlights

KHURSHEED AHMAD KHAN v. STATE OF U.P. & ORS.
SUPREME COURT OF INDIA

"...what was protected under Article 25 was the religious faith and not a practice which may run counter to public order, health or morality. Polygamy was not integral part of religion and monogamy was a reform within the power of the State under Article 25. This Court upheld the views of the Bombay, Gujarat and Allahabad High Courts to this effect. This Court also upheld the view of the Allahabad High Court upholding such a conduct rule. It was observed that a practice did not acquire sanction of religion simply because it was permitted. Such a practice could be regulated by law without violating Article 25..."...

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Article Highlights

Side letters and penalty clauses

UK
Real estate
Clause that enabled landlord to terminate side letter was in fact a penalty, therefore unenforceable
The High Court has found that a clause which enabled a landlord to terminate a side letter if the tenant committed any breach was in fact a penalty. Consequently it was held to be unenforceable, and the landlord was unable to increase the rent. The case provides a useful reminder of the principles that will govern when a provision is in fact a penalty, and parties should be aware that such clauses may not prove enforceable in practice.

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Supreme Court construes aggregation provision in minimum terms and conditions of professional indemnity insurance

UK
Insurance
Supreme Court construes aggregation provision in minimum terms and conditions of professional indemnity insurance
The Supreme Court has today handed down its judgment in AIG Europe Limited v Woodman and others [2017] UKSC 18. The Supreme Court allowed the appeal, and remitted the case back to the High Court. It held that determining the meaning of "a series of related matters or transactions” in the aggregation clause contained in the Minimum Terms and Conditions for solicitors' professional indemnity insurance necessitated a fact sensitive inquiry to be carried out.

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