Act/Law wise: Judgment of Supreme Court of Bangladesh

ALL A B C D E F G H I J K L M N O P Q R S T U V W X Y Z



Insurance Act,1938 (IV of 1938)
Section/Order/Article/Rule/Regulation Head Note
Section 46

Claim of moneys covered by the insurance policies– The policies were owned by the plaintiffs and the premiums were paid out of their accounts, and thus the plaintiffs being the beneficiaries of the policies are legally entitled to claim the moneys covered by the policies under section 46 of the Insurance Act. None of the points raised is merited one. These appeals are, dismissed without any order as to costs. …Janata Insurance Company Ltd. =VS= M/s. Islam Steel Mills Ltd., (Civil), 2020 (1) [8 LM (AD) 298] ....View Full Judgment

Section 46

Right of the principal to sue for recovery of money under insurance policy opened by its agent—
In the instant case the respondent as principal instituted the suit for recovery of the money covered by the insurance policy opened by the Bank of the plaintiff-respondent as its agent. The appellant Janata Insurance Company raised objection that the suit so instituted is not maintainable as the same has not been instituted by the Bank. The Appellate Division held the suit for recovery of the claim may be instituted either by the principal or by the agent and as such the suit as instituted is held perfectly maintainable. Janata Insurance Company Ltd Vs. M/S Islam Steel Mills Ltd and another 15 MLR (2010) (AD) 478. ....View Full Judgment

Section 46

The policies were owned by the plaintiffs and the premiums were paid out of their accounts, and thus the plaintiffs being the beneficiaries of the policies are legally entitled to claim the moneys covered by the policies under section 46 of the Insurance Act.
Janata Insurance Company Ltd. -Vs.- M/s. Islam Steel Mills Ltd. (Surendra Kumar Sinha J) 6 ALR (AD) 2015 (2)38 ....View Full Judgment

Section 47B(2)

Plaintiff-appellant is entitled to the statutory interest under the law and the Court has no discretion in the matter. [Para- 19] Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. 6 BLT (AD)-234 ....View Full Judgment

Section 47B

read with
Code of Civil Procedure, 1908(V of 1908)
Section—34
Section 47B of the Insurance Act, 1938 as amended by ordinance XXV of 1970 provides for granting of interest on claims. This provision in fact, displaces the discretion of the court conferred by section 34 of the Code of Civil Procedure in the matter of granting interest. Hence, the plaintiff-appellant is entitled to the statutory interest under section 47B of the Insurance Act. The court has no discretion in the matter. Chalna Marine Products Ltd.; represented by its Managing Director Vs. Reliance Insurance Ltd.; represented by its Managing Director and ors, 18 BLD(AD)69 ....View Full Judgment

Claim for damage on Insurance Policy— In a suit for damage and compensation on insurance policy the plaintiff must prove the breach of the contract and his claim for compensation on account of damage. Inland and Overseas Ltd. Vs. Karnaphuli Insurance Company Ltd. and others. 1, MLR (1996) (AD) 442. ....View Full Judgment

The Law of Insurance- Standard Fire Policy-Condition No. 19—
The words "pending action" have been understood in this sub-continent for over 80 years as pending suit and there is no jurisprudential backing, no unfurling of a novel proposition of law and no impelling consideration of justice and fairplay to disturb that understanding. Sodhoran Bima Corporation Vs. Sanjib Kumar Das & others. 1, MLR (1996) (AD) 179. ....View Full Judgment