Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Life Insurance (Nationalisation) Order (10 of 1972)

Section: 38,40

Law: Insurance Act, (IV of 1938)

Section: 110

(a) Life Insurance (Nationalisation) Order (10 of 1972)--- ----Art. 38---Insurance Act (IV of 1938), S. 110---Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal was granted to consider the question as to whether an appeal filed before the High Court was maintainable under the provisions of Life Insurance (Nationalisation) Order, 1972. (b) Life Insurance (Nationalisation) Order (10 of 1972)--Art. 38---Insurance Act (IV of 1938), S. 110--- Appeal---Application of 5.110, Insurance Act, 1938 is limited to cases where Federal Government has entrusted to the Claims Settlement Board, the settlement of disputes relating to life insurance business claims and subject to notification issued by the Federal Government which may impose such conditions and modifications on its applicability as may be specified in the said notification---Appeal could not, therefore, be filed before the High Court merely on the basis of Art. 38 of the Order and S.110 of the Act. It is true that by Article 38 of the Life Insurance (Nationalisation) Order, 1972 the applicability of section 110 of the Act is limited to cases where Federal Government has entrusted to the Claims Settlement Board, the settlement of disputes relating to life insurance business claims. Therefore merely on the basis of Article 38 and section 110 an appeal could not be riled. Article 38 of the Life Insurance (Nationalisation) Order, 1972 applies section 110 of the Insurance Act, 1938 to the Corporation in a limited manner to the specified case. It further makes applicability of section 110 of the said Act subject to notification issued by the Federal Government which may impose such conditions and modifications on its applicability as may be specified in the notification. (c) Life Insurance (Nationalisation) Order (10 of 1972)-- ----Art 40-A [as added by Life Insurance (Nationalisation) (Amendment) Act (XLVII of 1973)] & 38---Insurance Act (IV of 1938), S. 1.10---Scope, object and application of Art. 40-A of the Order---Right of appeal to High Court is restricted with condition that it was subject to certification by the Tribunal. Article 40-A of Life Insurance (Nationalisation) Order, 1972 was added in…

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