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1 - 5 of 5 (0.33 seconds)The Code of Civil Procedure, 1908
The Indian Evidence Act, 1872
Section 114 in The Companies Act, 1956 [Entire Act]
New India Assurance Co. Ltd vs C.M. Jaya & Ors on 17 January, 2002
8. Sri S.K. Kayakmath, learned Counsel appearing for
the appellants, submits that the impugned Judgment and
decree passed by the trial Court is contrary to fact, law and
evidence on record and the same is liable to be set aside. He
would submit that the judgment is without considering the
terms and conditions of the Policy, more, particularly, Clause 8
of the policy conditions which has resulted into miscarriage of
justice. He would submit that the terms and conditions of the
Policy is required to be honoured in its letter and spirit, and
awarding the damages virtually amounts to rewriting the
contract, which is opposed to the Constitutional Bench
Judgment of the Hon'ble Apex Court rendered in the case of
NEW INDIA ASSURANCE COMPANY LIMITED v. C.M. JAYA AND
OTHERS reported in AIR 2002 SC 651.
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