| Citation(s) |
|---|
| 1992 SLG 277 1992 SLD 277 1992 MLD 1085 |
Sindh High Court
Suit No.9 of 1975, decision dated: 27-05-1991
MAMOON KAZI, JUSTICE
Abdul Moneem Khan for Plaintiff. A. Rauf Khan for Defendants.
Suit No.9 of 1975, decision dated: 27-05-1991
MAMOON KAZI, JUSTICE
Abdul Moneem Khan for Plaintiff. A. Rauf Khan for Defendants.
MESSRS HASSANALI & COMPANY
VS
FEDERATION OF PAKISTAN THROUGH THE SECRETARY, MINISTRY OF FINANCE, ISLAMABAD AND 2 OTHERS
Law: Companies Ordinance, 1984
Section: 32
(a) Companies Ordinance (XLVII of 1984)---S.32---Civil Procedure Code (V of 1908), OXXIX, R.1---Suit---Plaintiff an incorporated company, whether a legal person---Evidence on record showed that plaintiff was a joint stock company registered by the Registrar of Joint Stock Companies---Plaintiff was thus, a legal person entitled to file suit. (b) War Risks Insurance Ordinance (XXXII of 1971)--- ----S.2---War Risks Insurance Policy---Plaintiff whether owner of property in question---Evidence on record clearly established that property in goods in question had _ passed to plaintiff at the relevant time---Plaintiff was thus, deemed to be owner of property and entitled to claim war risk insurance policy when such goods were proved to have been destroyed by enemy action while in transit. (c) War Risks Insurance Ordinance (XXXII of 1971)--- ----Ss. 8 & 13---War Risks Insurance Policy---Principles of general law--Applicability---Principles of general law were not applicable to cases under War Risks Insurance Ordinance, 1971, for Insurance under Ordinance XXXII of 1971, was made compulsory by S.8 thereof, non-compliance of which could be visited by penalties imposed by provision of S.13, War Risks Insurance Ordinance, 1971. (d) War Risks Insurance Ordinance (XXXII of 1971)---- ---S.2---War Risks Policy---Contract between plaintiffs and defendants having come into existence on specified date when defendant insurance company accepted premium from plaintiffs---Goods so insured having been destroyed subsequently, contract would be deemed to be effective from the date when goods were insured and plaintiffs were entitled to claim compensation under War Risks Policy. (e) War Risks Insurance Ordinance (XXXII of 1971)-- ----S.2---Applicability of Ordinance---Ordinance XXXII of 1971, being a special law, provisions thereof, have to prevail over those of the general law--Goods in question being insurable under Ordinance XXXII of 1971, for which valid policy of Insurance having been issued, no further cover was' required. (f) War Risks Insurance Ordinance (XXXII of 1971)--- ----S.2---Destruction of consignment by enemy action while in transit ---Proof--Plaintiff's evidence…
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