Policy, documents, Survey Report and Investigation
Report concluded that there was breach of condition no. 09 of the
Policy, which is stated as under ... subject matter of
dispute and defence of Defendant i.e. breach of condition 09. These related
to the drafting of affidavit, place of drafting, meaning
Svenska Handelsbanken vs Indian Charge Chrome (Dayal, J.) on 15 October, 1993
Equivalent citations: 1994
will apply to transfers of
granted lands made in breach of the condition imposing
prohibition of transfer of granted lands only in those cases
where ... become applicable only when granted lands are transferred in
breach of the condition relating to prohibition of such
lands. Granted lands transferred before the commencement
considering the question whether when the breach of
condition is established, whether the insurer will not be
liable to indemnify the owner. Answering the said ... breach is on the part of the
insured. Unless the insured is at fault
and is guilty of a breach of the condition,
the insurer
become entitled broken.
to possession by
reason of any forfeiture
or breach of condition.
67. By a landlord to Twelve When the
recover possession years ... possession under section 13(1) was not
directly upon a breach of condition of tenancy, but only
upon the Court's satisfaction that
condition. The
substance of the matter-the justice of the situation-is
whether a condition in the lease has been breached and
whether the lessor ... tenancy has been created and this amounts to a breach
of condition with a provision for re-entry. The tribunal in
appeal held that
that there is no breach of the
contract of insurance. Hence, on the
ground of breach of
condition of the policy,
the claim cannot ... avoid its liability
towards the insured unless the said breach or breaches on the condition of
driving licence is/are so fundamental as are found
sale was entered into i.e. in December
1956, breach of a condition of licence did not constitute an
offence under ... condition, with which we are now
concerned, is a condition imposed from an
administrative point of view, but it is a
condition. which affects
immunity to the insurance company consequent upon the breach of the condition in Section 96 (2) (b) (ii) . It was stated:
...The expression 'breach ... show that he himself was not guilty of a deliberate breach of the condition, the insurance company must be made to fulfil its statutory obligations
this case contains this condition. Tf, therefore, there is a breach of this condition, the insurer will not be liable to indemnify the owner.
Counsel ... breach is on the part of the insured. Unless the insured is at fault and is guilty of a breach of the condition, the insurer