Law: Qanun-e-Shahadat (10 of 1984)

Section: 4 , 6 , 8 , 21

Law: War Risks Insurance Ordinance, 1971

Section:

Law: Insurance Act, 1938

Section:

Law: Constitution of Pakistan 1973

Section:

  Qanun-e-Shahadat (10 of 1984)-- ---Art. 129, illus(g)---Failure to produce evidence---Effect---Party having produced no evidence of its own, would have to abide by and be bound with such evidence, as had come on record---Party having right to produce evidence, its failure to produce the same would give rise to a presumption, that such evidence, if any, would have, if led, gone against party's averments---Where plaintiffs evidence remained unrebutted, their case, on facts deposed, stands proved.[Evidence]. War Risks Insurance Ordinance (XXXII of 1971)-- ---Ss. 4, 6, 8 & 21 [as amended by War Risks Insurance (Amendment) Ordinance.,) (XXXVII of 1972)]--Pakistan Insurance Corporation Act (XXXVIII of 1952), Preamble---War risks scheme relating to "goods in transit"---Policy of Insurance against war risks and mode of compensation to owner of "goods in transit", stated. PLD 1972 CS 49; PLD 1972 CS 766; PLD 1972 CS 205 and PLD 1972 CS 203 ref., War Risks Insurance Ordinance (XXXII of 1971)-- ---S. 4---Damage to "goods in transit" due to war---Entitlement to reimbursement---War Risks Insurance being a compulsory and mandatory requirement under statute and there being an express statutory obligation of the assured, having an insurable interest in the subject-matter of insurance, when the war erupted, all that the assured was required to show, in order that entitlement to be reimbursed arose, was insurable interest when damage resultant upon war, was caused. Insurance Act (IV of 1938)-- ---5. 3-C [as inserted by Insurance (Amendment) Act (XXVII of 1958)] and Ss.102 & 103---Insurance Rules, 1958, Rr.44 &   45---Insurer when to assume any risk in respect of general insurance business. Section 3-C of the Insurance Act, 1938, was inserted by the Insurance e (Amendment) Act, 1958. Subsection (4) of that section provides that no insurer shall assume, in Pakistan, any risk in respect of general insurance business unless and until the premium payable has been received by him or has been guaranteed to be paid by such person in such manner and within such time as may be `' prescribed. Correspondingly, Rule 44 of the…