Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 amending act 1 insurance amendment act 2002 Sorted by: old Court: punjab and haryana Page 1 of about 525 results (0.084 seconds)

icici Prudential Life Insurance Company Ltd. and Another Vs. Icici Pru ...

Court : Punjab and Haryana

..... section 45 of the insurance act, 1938 was pressed into service which allows an insurance company to call off a policy of life insurance of the kind in question on the ground of concealment of material facts within two years from the date of which it ..... writ petition no.8622 of 2013 -1- in the high court of punjab and haryana at chandigarh civil writ petition no.8622 of 2013 date of decision:25.04.2013 icici prudential life insurance company ltd.and another .....petitioner versus the permanent lok adalat and others .....respondents coram:- hon'ble mr.justice rajiv narain raina present: mr.gagneshwar walia, advocate for the ..... underwent medical examination on 20.7.2009 and in the investigation carried out by the petitioner-company revealed that there was impersonation by the life assured with intent to cheat and defraud the insurance company; the company reserves its rights to ensure initiating appropriate proceedings in this regard as may be advised. ..... stand of the petitioner-company can be summed up as reflected in para 3 of its reply which is quoted: the assured is thus under a solemn obligation to make full disclosure of material facts which may be relevant for the insurer to take into account while deciding whether the proposal should be accepted. ..... no.8622 of 2013 -3- the claim having been repudiated respondent/daljit kaur- widow of the deceased life assured instituted an application under section 22-c of the legal services authorities (amendment) act, 2002, (for short the act . .....

Saif-ud DIn Mohammad Ibrahim Vs. the New India Assurance Co. Ltd.

Court : Punjab and Haryana

Reported in : AIR1949P& H185

..... that on the true construction of the contracts, the frustration clause afforded no defence to the underwriters, since, if there had been a constructive total loss of the goods within the meaning of the marine insurance act, 1906, section 60, the mere fact that there had also been a loss of the voyage could not exclude the right of recovery for the former loss. ..... generally the grounds on which a constructive total loss may be founded and it is laid down therein that subject to any express provision in the policy, there is a constructive total loss where the subject-matter insured is reasonably abandoned on account of its actual total loss appearing to be unavoidable, or because it could not be preserved from actual loss without an expenditure which would exceed its value when the expenditure had been incurred ..... as clause 2(b) in the policy and reads as follows:this policy is warranted free of any claim based upon loss of, or frustration of, the insured voyage or adventure caused by arrests, restraints, or detainments of kings, princes, peoples, usurpers or persons attempting to usurp power.the important words are 'frustration of the insured voyage or adventure' and in order to determine whether the case comes within the purview of these words we must again turn to the rickard's ..... in the amended plaint, which the plaintiffs were allowed to put in later, they took up an additional ground, namely, that the goods had become actual total loss on account of having been destroyed by the .....

In Re: Sri Ram Gautama

Court : Punjab and Haryana

Reported in : AIR1949P& H83

..... that rule should be so inexorable as that after a man has undergone a long period of exclusion and punishment and suffering that that carries with it, if we are satisfied that his conduct has been such in the meantime as to insure confidence in his character, we might not either admit him in the first instance or readmit him.7. ..... on the enactment of the independence act, 1947, the punjab was split up into two provinces each province having a high court of its own. .....

Romesh Chander Vs. Governor-general in Council

Court : Punjab and Haryana

Reported in : AIR1949P& H285

..... on 26th march 1945, the counsel for the defendant pointed out that the amended issue would not enable the court to ascertain the cause of non-delivery and he accordingly prayed (a) ..... 2,13416-0, that the plaintiff had failed to make a declaration in respect of the contents thereof, as required by section 75, railways act, that the parcel in question was delivered to a wrong person with the active connivance of the servants of the railway administration, that had the parcel not been so delivered, section 75 would not have ..... about a year later, the court proceeded to amend the issue on grounds which do not appear to be intelligible; and when the counsel for the defendant requested that the original issue be restored, or a new issue be framed, the court declined to accede to ..... value and as these articles were not insured, the plaintiff's claim was not maintainable under section 75, railways act. ..... 5 of his written statement should be amended so as to read that the suit parcel had got exchanged and lost without there being any misconduct on the part of the railway servants, and (b) that ..... observed as follows:if the carrier temporarily loses the goods and delivers them within a reasonable time after he recovers them, he will not be liable; but if he keeps them after he recovers them, the carrier's act will not protect him from such subsequent breach of duty. ..... 2 continued to remain as amended on 20th february 1945.12. ..... 29th january 1945, the plaintiff applied for the amendment of issue no. .....

The Jupiter General Insurance Co. Ltd. Vs. Rajagopalan and anr.

Court : Punjab and Haryana

Reported in : AIR1952P& H9

..... 1 gave notice under section 52a of the indian insurance act, 1938, hereinafter referred to as the act, to the jupiter general insurance company, limited, bombay, the empire of india life ..... the controller exercises administrative functions within the first part of section 52a(1) of the act; ..... now, the validity of the impugnedlegislation which was enacted by the insurance(amendment) act, 1950, and which receivedthe assent of the president on the 20th of may,1950, may be challenged on the followinggrounds:(i) that the legislation was not competentto enact the impugned legislation; and (ii) ..... the legislature was competent to enact sections 52a to 52g of the act, which were added by the insurance (amendment) act, 1950; (c) that the companies cannot raise the question that sections 52a to 52g of the act take away or abridge the rights conferred by article 19(1) (f) and (g), constitution of india; (d) that the restrictions imposed by sections 52a to 52g of the act on the right of management of the business of an insurer are reasonable and in the interests of the general public; (e) that .....

Shivcharan Lal Vs. Phool Chand and ors.

Court : Punjab and Haryana

Reported in : AIR1952P& H247

..... 436 it is said:'the court acts in personam, and will not suffer any one within its reach to do what is contrary to its notions of equity, namely because the act to be done may be, in point of locality, beyond its jurisdiction. .....

S. Summan Singh Vs. National City Bank of New York, Bombay

Court : Punjab and Haryana

Reported in : AIR1952P& H172

..... the case is one of most ordinary banking practice, and to accept the contention that the defendants, barclays, were not responsible for the acts of the defendants, the anglo-palestine bank, their foreign correspondents, or that there was privity between the latter and the plaintiffs would be in my judgment to go contrary to thewhole commercial understanding of a transaction like this.'11 ..... 'the anglo-palestine bank to whom the document had been sent did not insure them and the goods were destroyed by fire at the customs house, beyrout, when ..... substantially that means, you must not suppose that we are careless people, but we will not accept liability you must insure if you wish to be protected, both from our own and our servants' 'negligence'. ..... to accept goods on the terms 'please do your best on my behalf to warehouse and insure' is not an absolute obligation; it is an obligation, if accepted, to use due care ..... bank in turn employed the anglo-palestine bank as sub-agents to collect the proceeds and remit it to them and to warehouse, and insure the goods if the purchaser should fail to take delivery. ..... bank, that the latter will not be liable for the negligence of its agents, (2) that the authorities show that such a contract can be entered into, (3) that in spite of section 192 of the indian contract act it is open to the agent; to contract out of his liability, (4) that the view taken by sankaran nair, j. ..... purports to do no more than to define and amend certain parts of that law. .....

Panna Lal and anr. Vs. Puj Harsh Rishi

Court : Punjab and Haryana

Reported in : AIR1952P& H361

..... that harikishan rikh and kesho rikh acted like house-holders is apparent on the facts on the record. ..... he may fail to act up to them or take heretical and inconsistent views without incurring any penalty or disability at law. .....

Banka Mal Naranjan Das and anr. Vs. the Central Bank of India Ltd. and ...

Court : Punjab and Haryana

Reported in : AIR1952P& H400

..... the period of limitation and provides that any suit or other legal proceeding in respect of which the period of limitation was extended by act xlvii of 1948 and any suit or other legal proceedings for the enforcement of a claim against an insurance company may be instituted at any time within one year from the commencement of the act, that is to say, within one year from the 8th of november, 1951. ..... fully paid up shares in lieu of partly paid up shares held by a debtor, and that a displaced person is entitled to claim the benefit of clause (1) of section 19 or of section 20 in proceedings taken by a company under the indian companies act before a court empowered under the indian companies act to deal with such matters, and that there is no scope for the intervention of the tribunal in such a matter.15. ..... , moveable or immoveable, belonging to him, whether such property is liable to attachment or not, nothing contained in the act shall prevent (a) in the case of the debt, the creditor from instituting any proceeding for the recovery thereof under any law for the time being in force other than this act, and (b) in the case of the property, from being attached or otherwise dealt with under any such law. ..... learned counsel for the debtor has laid considerable stress on sections 19 and 20 of the act and has claimed that these sections, which also appear in chapter ii, must be deemed to be modifications of the general law available to displaced ..... section 31 contains amendment to section 60 .....

The Great American Insurance Co. Ltd. Vs. Bodh Raj

Court : Punjab and Haryana

Reported in : AIR1953P& H50

..... on 11-6-1947, bodh raj shah, hereinafter referred to as the applicant, took out an insurance policy including riot risk, the amount of insurance being rs. ..... that in the last week of august 1947, the furniture and household goods covered by the policy were looted in the riots that followed the partition of the country, that he had intimated to the great american insurance company, ltd. ..... national british and irish millers insurance co, ltd. ..... 38,000/-from the company on the basis of the insurance policy.4. ..... ' (15a) clearly, the points decided in -- 'eagle star & british dominions insurance co. ..... in -- 'eagle star & british dominions insurance co. l'td. ..... national british and irish millers insurance co. ..... national british and irish millers insurance co. ..... national british and irish millers insurance co. ..... ltd,', (1915) a c 499 and -- 'eagle star & british dominions insurance co. v. ..... national british and irish millers insurance co. ..... on 21st august 1948, the applicant initiated proceedings under section 20, indian arbitration act, 1940, hereinafter referred to as the act. ..... from the order passed by the court on 14th june 1948, the company appealed under section 39 of the act.8. in. .....