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Start Free TrialMarine Insurance Act, 1963 Section 20
Title: Disclosure by Assured
State: Central
Year: 1963
.....be disclosed, namely:-- (a) any circumstance which diminishes the risk. (b) any circumstance which is known or presumed to be known to the insurer. The insurer is presumed to know matters of common notoriety or knowledge, and matters which an insurer in the ordinary course of his business as such ought to know; (c) any circumstance as to which information is waived by the insurer; (d) any circumstance which it is superfluous to disclose by reason of any express or implied warranty. (4) Whether any particular circumstance, which is not disclosed, be material or not is, in each case, a question of fact. (5) The term "circumstance" includes any communication made to, or information received by, the assured.
View Complete Act List Judgments citing this sectionGovernment of India Act, 1915-19 [Repealed] Section 30
Title: Power to Execute Assurances, Etc., in India
State: Central
Year: 1915
.....proper assurances for that purpose, and rules made under this Act may provide for the conditions under which this power shall be exercisable.] (2) Every assurance and contract made for the purposes of4[subsection (1) of this section] shall be executed by such person and in such manner as the Governor-General in Council by resolution directs or authorises, and if so executed may be enforced by or against the Secretary of State in Council for the time being. (3) All property acquired in pursuance of this section shall vest in His Majesty for the purposes of the government of India. ________________________ 1. These words were inserted by Sch. I of the Government of India (Amendment) Act, 1916 (6&7 Geo. 5, Ch. 37). 2. These words were inserted by Sch. I of the Government of India (Amendment) Act, 1916 (9&7 Geo. 5, Ch. 37). 3. Sub-section (1a) was inserted by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101). 4. These words and figures were substituted for the words "this section" by Part II of Sch. II of the Government of India Act, 1919 (9&10 Geo. 5, Ch. 101).
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 53
Title: Assured Who Has No Interest Cannot Assign
State: Central
Year: 1963
Where the assured has parted with or lost his interest in the subject-matter insured, and has not, before or at the time of so doing expressly or impliedly agreed to assign the policy, any subsequent assignment of the policy is inoperative: Provided that nothing in this section affects the assignment of a policy after loss.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 59
Title: Mortgage when to Be by Assurance
State: Central
Year: 1882
1 59. Mortgage when to be by assurance Where the principal money secured is one hundred rupees or upwards, a mortgage 2 [other than a mortgage by deposit of title-deeds] can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses. Where the principal money secured is less than one hundred rupees, a mortgage may be effected either by 3 [a registered instrument] signed and attested as aforesaid, or (except in the case of a simple mortgage) by delivery of the property. 4 [* * *] _______________________ 1. As to limitation to the territorial operation of section 59, see section 1, supra Section 59, extends to every cantonment--see section 287 of the Cantonments Act, 1924 (2 of 1924) 2. Inserted by Act 20 of 1929, section 20. 3. Substituted by Act 6 of 1904, section 3, for "an instrument". 4. The third paragraph was omitted by Act 20 of 1929, section 20.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Complete Act
State: Central
Year: 1963
.....NEGOTIATION OF CONTRACT (1) Every material representation made by the assured or his agent to the insurer during the negotiations for the contract, and before the contract is concluded, must be true. If it be untrue the insurer may avoid the contract. (2) A representation is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk. (3) A representation may be either as to a matter of fact, or as to a matter of expectation or belief. (4) A representation as to a matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be Considered material by a prudent insurer. (5) A representation as to a matter of expectation or belief is true if it be made in good faith. (6) A representation may be withdrawn or corrected before the contract is concluded. (7) Whether a particular representation be material or not, is, in each case, a question of fact. SECTION 23: WHEN CONTRACT IS DEEMED TO BE CONCLUDED A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the.....
List Judgments citing this sectionInsurance Act, 1938 Complete Act
State: Central
Year: 1938
.....to the business of insurance. Whereas it is expedient to consolidate and amend the law relating to the business of insurance; It is hereby enacted as foltows :- This Act has been applied to- (i) the partially excluded areas in the District of Darjesling, see Bengal Government Notification No. 1902-Com., dated 28-6-1939, Calcutta Gazette, dated 16-7-1939; (ii) the partially excluded areas in the Province of Orissa with effect from 14-10-1939, see Orissa Laws Validating Regulation, 1943 (1 of 1943). The Act has been extended to the new Provinces and Merged States by the S.3OF THE Merged States (Laws) Act, 1949 (1-1-1950) and to the States of Manipur, Tripura and Vindhya Pradesh by the Union Territories (Laws) Act, 1950 (30 of 1950), section 3 (16-4-1950). Manipur and Tripura are Union territories now and Vindhya Pradesh has been merged with the State of Madhya Pradesh -- See Act 37 of 1956, section 9(1)(e). It has been extended to the Union territories of- (1) Goa, Daman and Diu by Regn. 12 of 1962 (15-12-1963); (2) Dadra and Nagar Haveli, by Regn. 6 of 1963 (1-7-1965); (3) Pondicherry, by Regn. 7 of 1963 (1-10-1963); and (4) Laccadiv, Minicoy and Amindivi Islands, by Regn......
List Judgments citing this sectionMarine Insurance Act, 1963 Schedule I
Title: Schedule
State: Central
Year: 1963
.....said goods and merchandises, and ship, etc., or any part thereof. And in case of any loss or misfortune it shall be lawful to the assured, their factors, servants and assigns, to sue, labour, and travel for, in and about the defence, safeguards and recovery of the said goods and merchandises and ship etc., or any part thereof, without prejudice to this Insurance; to the charges whereof we, the assurers, will contribute each one according to the rate and quantity of his sum herein assured. And it is especially declared and agreed that no acts of the insurer or insured in recovering, saving, or preserving the property insured shall be considered as a waiver, or acceptance of abandonment. And so we, the assurers, are contended, and do hereby promise and bind ourselves, each one for his own part, our heirs, executors, and goods to the assured, their executors, administrators, and assigns, for the true performance of the premises, confessing ourselves paid the consideration due into us for this assurance by the assured, at and after the rate of. In witness whereof, we, the assurers, have subscribed our names and sums assured in MEMORANDUM N.B.-- Corn, fish, salt, fruit,.....
View Complete Act List Judgments citing this sectionThe Himachal Pradesh Judicial Officers (Pay, Allowances & Conditions of Service) Act, 2003 Complete Act
State: Himachal
Year: 2003
.....exercise of the powers vested in him under sub- section (1) of section 4 of the Himachal Pradesh Judicial Officers (Pay and Conditions of Service) Act, 2003 (Act No.10 of 2003), is pleased to make the following rules to regulate the pay of Judicial Officers, namely:- 1. Short title.- These rules may be called the Himachal Pradesh Judicial Officers (Pay Fixation) Rules, 2003. 2. Definitions.- (1) In these rules, unless there is anything repugnant to the subject or context,- (a) "Act" means the Himachal Pradesh Judicial Officers (Pay and Conditions of Service) Act, 2003; (b) "basic pay" means the amount drawn monthly by a Judicial Officer in the existing scale of the post held by him or to which he is entitled by the reasons of his position in a cadre including ex-gratia annual increment(s) and additional pay, if any, but shall not include Special Pay and Personal Pay; (c) "Government" means the Government of Himachal Pradesh; (d) "existing pay scale" means the pre-revised pay scale in respect of a post held or a personal scale allowed to a Judicial Officer as on 1st day of January, 1996, whether in a substantive or officiating capacity; (e) "revised pay" means basic pay of a.....
List Judgments citing this sectionMines and Minerals (Regulation and Development) Act, 1957 Complete Act
State: Central
Year: 1957
MINES AND MINERALS (REGULATION AND DEVELOPMENT) ACT, 1957 MINES AND MINERALS (REGULATION AND DEVELOPMENT) ACT, 1957 67 of 1957 28th December, 1957 An Act to provide for the 3["development and regulation of mines and minerals"]under the control of the Union. BE it enacted by Parliament in the Eighth Year of the Republic of India as follows :- [a] For Statement of Objects and Reasons, see Gaz. of India, 1957, Extra., Pt. II, section 2, p. 392; and for Report of the Joint Committee, see p. 997.PRELIMINARY SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Mines and Minerals4["(Development and Regulation)"] Act, 1957. (2) It extends1to the whole of India. (3) It shall come into force on such date2as the Central Government may, by notification in the Official Gazette, appoint. SECTION 02: DECLARATION AS TO EXPEDIENCY OF UNION CONTROL It is hereby declared that it is expedient in the public interest that the Union should take under its control the regulation of mines and the development of minerals to the extent hereinafter provided. SECTION 03: DEFINITIONS - In this Act, unless the context otherwise requires,- (a) "minerals" includes all.....
List Judgments citing this sectionGeneral Insurance Business (Nationalisation) Act,1972 Schedule 1
Title: The Schedule
State: Central
Year: 1972
THE SCHEDULE (See Section 11) Amount to be paid PART A Serial Number Name of Indian insurance Company Amount to be paid (1) (2) (3) Rs. 1 All India General Insurance Company Ltd. 10,00,000 2 Anand Insurance Company Ltd. Preference shares 3,50,000 Equity shares 2,00,000 3 Bhabha Marine Insurance Company Ltd. 54,448 4 Bharat General Reinsurance Ltd. Preference shares 8,18,000 Ordinary shares 13,49,844 5 British India General Insurance Company Ltd. 37,50,000 6 Calcutta Insurance Company Ltd. 7,49,442 7 Central Mercantile Assurance Company Ltd. 3,38,499 8 Clive Insurance Company Ltd. 26,12,600 9 Commonwealth Assurance Company Ltd. 1,000 10 Concord of India Insurance Company Ltd. 39,77,100 11 Devkaran Nanjee Insurance Company.....
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