Legal Reference Library

M/s. INDUSTRIAL PROMOTION & INVESTMENT CORPORATION OF ORISSA LTD. Versus NEW INDIA ASSURANCE COMPANY LTD. & ANR. The Supreme Court has ruled that a person or an entity can't seek compensation on insured goods if theft happened without violence. Citing a 2004 SC judgment, Justice Rao said, "In the absence of violence or force, the insured cannot claim indemnification against the insurance company. The terms of the policy have to be construed as it is and we cannot add or subtract something. Howsoever liberally we may construe the policy, we cannot take liberalism to the extent of substituting the words which are not intended. "...in common parlance, the term 'burglary' would mean theft but it has to be preceded with force or violence. If the element of force or violence is not present, then the insured cannot claim compensation."  The ruling came in case where an Odisha PSU had claimed insurance amount of Rs 34.40 lakh in addition to ...

The Delhi High Court has directed the Insurance Regulatory and Development Authority of India (Irdai) to convene an urgent meeting of insurance companies in Delhi to address the problem of 'duress and coercion' used by them to force a contracting party to abandon legitimate rights under law. The order was passed in the judgment, Worldfa Exports Ltd vs United India Insurance. The conduct of the companies, violating the provisions of the Contract Act and consumer laws, was severely condemned by the court. The firm in this case had taken a fire insurance policy and there was a fire in its premises. It claimed Rs 12 crore, but the surveyor assessed the loss at Rs six crore. The insurer tendered Rs 5.62 crore and asked the firm to send an undated discharge voucher in 'full and final settlement' of the claim. The company which was in distress due to the long delay in settling the claim signed the voucher. The high court pointed out that no law permitted an insurance compa...

1) Trilok Singh & Ors. v. Satya Deo  Tripathi,  AIR  1979  SC  850 2) K.A. Mathai alias Babu & Anr. v. Kora Bibbikutty & Anr.,  (1996) 7 SCC 212 3) Charanjit Singh Chadha & Ors. v.  Sudhir  Mehra,  (2001)  7  SCC 417 4) M/s. Damodar  Valley  Corporation  v. The State of Bihar, AIR 1961 SC 440; 5) Instalment  Supply  (Private)  Ltd.  & Anr. v. Union of India & Ors., AIR 1962 SC 53; 6) K.L.  Johar  &  Co.  v.  The Deputy Commercial  Tax  Officer,  Coimbtore  III,  AIR  1965  SC  1082;  7) Sundaram Finance Ltd. v. State of Kerala & Anr., AIR 1966 SC 1178. IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah                         ...

Delhi High Court Continental Carbon India Ltd. vs Modi Rubber Ltd. on 31 July, 2012 Author: Sanjay Kishan Kaul * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 06.07.2012 % Date of decision: 31.07.2012 + WP (C) No.4854 of 2011 CONTINENTAL CARBON INDIA LTD. ....PETITIONER Through: Mr. P.S. Sudheer, Mr. Rishi Maheshwari & Ms. Anne Mathew, Advs. Versus MODI RUBBER LTD. ....RESPONDENT Through: Mr. Rajeeve Mehra, Sr. Adv. with Mr. Ajay K. Jain, Mr. Atanu Mukherjee & Mr. Prateek Dwivedi, Advs. CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON‟BLE MR. ...