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1 - 10 of 17 (0.99 seconds)Section 64 in The Marine Insurance Act, 1963 [Entire Act]
Section 78 in The Marine Insurance Act, 1963 [Entire Act]
Mukesh K. Tripathi vs Sr. Divn. Manager, L.I.C. & Ors on 6 September, 2004
In Mukesh K. Tripathi v. Senior Division Manager, LIC and Others
[(2004) 8 SCC 387], this Court observed:
Ramesh Mehta vs Sanwal Chand Singhvi & Ors on 20 April, 2004
In Ramesh Mehta v. Sanwal Chand Singhvi it
was noticed: (SCC p. 426, paras 27-28)
"27. A definition is not to be read in isolation. It
must be read in the context of the phrase which
would define it. It should not be vague or
ambiguous. The definition of words must be given
a meaningful application; where the context makes
the definition given in the interpretation clause
inapplicable, the same meaning cannot be
assigned.
The State Of Maharashtra vs Indian Medical Association & Ors on 6 December, 2001
In State of Maharashtra v. Indian Medical
Assn. one of us (V.N. Khare, C.J.) stated that the
definition given in the interpretation clause having
regard to the contents would not be applicable. It
was stated: (SCC p. 598, para 8)
'8. A bare perusal of Section 2 of the Act shows
that it starts with the words "in this Act, unless the
context otherwise requires ". Let us find out
whether in the context of the provisions of Section
64 of the Act the defined meaning of the
expression "management" can be assigned to the
word "management" in Section 64 of the Act. In
para 3 of the Regulation, the Essentiality
Certificate is required to be given by the State
Government and permission to establish a new
medical college is to be given by the State
Government under Section 64 of the Act. If we
give the defined meaning to the expression
"management" occurring in Section 64 of the Act,
it would mean the State Government is required to
apply to itself for grant of permission to set up a
government medical college through the
University. Similarly it would also mean the State
Government applying to itself for grant of
Essentiality Certificate under para 3 of the
Regulation. We are afraid the defined meaning of
the expression "management" cannot be assigned
to the expression "management" occurring in
Section 64 of the Act. In the present case, the
context does not permit or requires to apply the
defined meaning to the word "management"
M/S. Pandey & Co. Builders Pvt. Ltd vs State Of Bihar & Anr on 10 November, 2006
[See also M/s. Pandey & Co. Builders Pvt. Ltd v. State of Bihar &
Anr. 2006 (11) SCALE 665]
Interpretation of 'constructive loss' contained in Section 60 is subject
to any express provision in the policy. The definition of constructive total
loss, therefore, as contained therein would be subject to any other clause
which may be in the policy. The policy contained a clause which was not in
commensurate with the said provision. We, in a case of this nature, have to
give effect to the terms of insurance.
Bihar Supply Syndicate vs Asiatic Navigation And ... on 17 March, 1993
Reliance has strongly been placed on a decision of this Court in Bihar
Supply Syndicate v. Asiatic Navigation and Others [(1993) 2 SCC 639 : AIR
1993 SC 2054] wherein this Court was dealing with a different fact situation.
In that case, the vessel in question was diverted to Vishakhapatnam along
with cargo where the repairs of the vessel were expected to be completed.
The vessel was, however, not repaired nor the wages of the crew members
were paid as a result whereof the ship was directed to be arrested. It was in
the aforementioned fact situation opined: