| Citation(s) |
|---|
| 2017 SLG 1907 2017 SLD 1907 2017 CLD 1080 |
Supreme Court of Pakistan
Civil Petitions Nos. 3195-L to 3198-L, 3268-L, 3269-L, 3352-L to 3358-L, 3570 to 3576, 3603, 3604, 3631, 3669 to 3673 of 2016 and 69-L of 2017, decision & hearing Date : 28-03-2017
MAQBOOL BAQAR, JUSTICE, FAISAL ARAB, JUSTICE
Syed Waqar Hussain Naqvi, Advocate Supreme Court for Petitioners (in C.Ps. 3195-L to 3198-L/2016). Ibrar Ahmed, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in C.Ps. 3268-L, 3269-L, 3669 to 3673/2016 and 69-L/
Civil Petitions Nos. 3195-L to 3198-L, 3268-L, 3269-L, 3352-L to 3358-L, 3570 to 3576, 3603, 3604, 3631, 3669 to 3673 of 2016 and 69-L of 2017, decision & hearing Date : 28-03-2017
MAQBOOL BAQAR, JUSTICE, FAISAL ARAB, JUSTICE
Syed Waqar Hussain Naqvi, Advocate Supreme Court for Petitioners (in C.Ps. 3195-L to 3198-L/2016). Ibrar Ahmed, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in C.Ps. 3268-L, 3269-L, 3669 to 3673/2016 and 69-L/
STATE LIFE INSURANCE CORPORATION OF PAKISTAN THROUGH CHAIRMAN & OTHERS
VS
MST. SARDAR BEGUM & OTHERS
Law: Insurance Act, 2016
Section: 2(6),46
Law: Civil Procedure Code (V of 1908)
Section: 15,20
(a) Insurance Act (IV of 1938) [since repealed]--- ----Ss. 2(6) & 46---Civil Procedure Code (V of 1908), Ss. 15 & 20---Claim relatable to a contract for insurance---Correct Court/forum for suing under the provisions of the Insurance Act, 1938 [since repealed]---All claims, whether directly arising from or relatable to a contract of insurance were covered under the provisions of S. 46 of the Insurance Act, 1938---Section 46 of the Insurance Act, 1938 provided that for any relief arising from the contract of insurance, suit was to be filed in the Court of competent jurisdiction, then taking aid from the provisions of S. 20, C.P.C. and keeping in view the pecuniary value of the suit, it was to be filed in a District Court of competent jurisdiction---In the case of principal seat of the Sindh High Court at Karachi or Islamabad High Court, both possessed jurisdiction to act as the principal Civil Court of original jurisdiction, thus suit arising from contract for insurance could be filed in said High Courts subject to territorial jurisdiction and pecuniary value of the suit prescribed under the law instead of the District Court---However, no suit relatable to a contract for insurance could be entertained in the Civil Court---Where a special law determined a place of suing, which in the present case in terms of S. 2(6) of Insurance Act, 1938 could be either the principal Civil Court of original jurisdiction in a district or the special civil jurisdiction of the Sindh High Court and Islamabad High Court, the same would prevail over the provisions of S. 15, C.P.C.---Where, however, a claim was not relatable to a contract of insurance and for some other reason a person sued the insurance company, then obviously the forum provided under the Insurance Act, 1938 would have no application to such suits--- For such suits, the provisions of S. 15, C.P.C., where attracted could be applied. (b) Interpretation of statutes--- ----Provisions of special law override the provisions of the general law to the extent of any conflict or inconsistency between the two. (c) Appeal--- ----Right of appeal was creation of statute and where the legislature did not provide for it, the…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492