1981 PLP 1028 (CLC)
TRANS OCEAN ASIA‑Appellant Versus ALPHA INSURANCE COMPANY LTD., KARACHI‑‑Respondents
| Citation | 1981 PLP 1028 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Zafar Hussain Mirza and B. G. N. Kazi, JJ |
| Parties | TRANS OCEAN ASIA‑Appellant Versus ALPHA INSURANCE COMPANY LTD., KARACHI‑‑Respondents |
| Primary Law | Insurance Act (IV of 1938)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1028 (CLC)?
This judgment primarily cites: Insurance Act (IV of 1938)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1028 (CLC)?
The case was heard and decided by the Karachi bench comprising: Zafar Hussain Mirza and B. G. N. Kazi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1028 (CLC) (TRANS OCEAN ASIA‑Appellant Versus ALPHA INSURANCE COMPANY LTD., KARACHI‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nafeesuddin and Abdul Majeed Khan for Appellant.
- A. Rauf for Respondent.
- Dates of hearing : 13th, 14th and 28th May, 1980.
Headnotes / Summary
‑‑ S. 3‑C(4) [as inserted by Insurance (Amendment) Act (XXVII of 1958)1‑Insurance cover‑Open cover issued without premium being paid or even usual Bank Guarantee for such payment being furnished- Payment of premium‑A condition precedent to creation of liability under a contract of insurance‑No premium having been paid and no guarantee for such payment, having been furnished no contract, held, made out and agreement being violative of S. 3‑C of Act, not en forceable. Halsbury's Laws of England, 4th Edo., pare. 464, p. 255 and Mar Gillivray on Insurance Law, Chap. 5, Section 7, para. 661 ref.
Judgment & Decree
High Court Appeal No. 43 of 1974, decided on 25th May, 1980. ‑‑ S. 3‑C(4) [as inserted by Insurance (Amendment) Act (XXVII of 1958)1‑Insurance cover‑Open cover issued without premium being paid or even usual Bank Guarantee for such payment being furnished- Payment of premium‑A condition precedent to creation of liability under a contract of insurance‑No premium having been paid and no guarantee for such payment, having been furnished no contract, held, made out and agreement being violative of S. 3‑C of Act, not en forceable. Halsbury's Laws of England, 4th Edo., pare. 464, p. 255 and Mar Gillivray on Insurance Law, Chap. 5, Section 7, para. 661 ref. Nafeesuddin and Abdul Majeed Khan for Appellant. A. Rauf for Respondent. Dates of hearing : 13th, 14th and 28th May, 1980.