Supreme Court · 1997 INSC 306 · Decided 21 March 1997

National Insurance CO. LTD. v. Sujir Ganesh Nayak and CO. and ANR.

Court
Supreme Court of India
Citation
1997 INSC 306 · [1997] 3 S.C.R. 202
Case number
CIVIL APPEAL No. 2136/1997
Decided
21 March 1997
Bench
A.M. AHMADI, K.S. PARIPOORNAN, SUJATA V. MANOHAR (3-judge bench)
Outcome
Leave Granted & Allowed
Case type
Civil
Acts & sections cited
Contract Act Section 28; Limitation Act Section 28

Headnote

INSURANCE CO. LTD. v. SUJIR GANESH NA YAK AND CO. AND ANR. MARCH 21, 1997 [A.M. AHMADI, CJ. AND K.S. PARIPOORNAN AND SUJATA V. MANOHAR, JJ.) Contract Act, 1872/Limitation Act, 1963-Section 28/Article 44 C (b )-Clauses of the Insurance Policy containing conditions that if claim not pressed under the policy would stand f 01feited and Insurance Company shall cease to be liable-Held: Such conditions were valid and effective, even though the peliod specified in the clauses for com- D mencing suit or action was sh01ter than the pen'od presCJibed by Li111itation Act-Not hit by section

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