fire. It was submitted that the proximate cause has to be
seen for settling an insurance claim, which in the present case, was the thermal ... that the proximate cause is not the cause which is nearest in time or place
but the active and efficient cause that sets in motion
chain, but a net.
* * * * *
To treat proximate cause as if it was the cause which is proximate in time is as I have said ... determining the proximate cause.
38. The loss which is produced by| the direct, efficient and predominating cause is the proximate cause of the loss
Even if at such a time a breaker lashed in,
the proximate cause for the sinking of the vessel
cannot be the action ... maritime peril insured against and any
such peril was not the proximate cause for the
sinking of the vessel."
The court below also chose
with you and as per the
report submitted by them the proximate cause of loss was
Burglary.
Kindly note that this policy is a named ... cause. The cause of the fire
becomes irrelevant in the absence of a specific exclusion.
13. It is further submitted that the test of proximate
Tribunal has further held that the accident was the
proximate cause of overhauling of the Gas Turbine Engine. By the
impugned Award, the Tribunal ... findings of the Arbitral Tribunal while holding that accident
was proximate cause for overhauling of GT Engine. That Arbitral Tribunal
has conflated two distinct issues
Tribunal has further held that the accident was the
proximate cause of overhauling of the Gas Turbine Engine. By the
impugned Award, the Tribunal ... findings of the Arbitral Tribunal while holding that accident
was proximate cause for overhauling of GT Engine. That Arbitral Tribunal
has conflated two distinct issues
Tribunal has further held that the accident was the
proximate cause of overhauling of the Gas Turbine Engine. By the
impugned Award, the Tribunal ... findings of the Arbitral Tribunal while holding that accident
was proximate cause for overhauling of GT Engine. That Arbitral Tribunal
has conflated two distinct issues
direct or proximate result of the rash or negligent
act. It appears that the direct or proximate cause of
the fire which resulted in seven ... cause as
opposed to a remote cause; the ‘last link in the chain
of causation’; the real effective cause of damage.”
84. The expression “proximate
Section 14A is that "there has to be a proximate cause
for disallowance which is its relationship with the tax exempt
income". Once ... test of proximate cause, based on the
relationship of the expenditure with tax exempt income is
established, a disallowance would have to be effected under
proximate result of
the rash or negligent act. From the facts of the present
case it appeared that the direct and proximate cause ... direct or proximate result of the
rash or negligent act. It appears that the direct or
proximate cause of the fire which resulted in seven
