Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
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Issue was whether a fire insurance policy could be repudiated on the ground that burglary/theft preceded and allegedly caused the fire. The Court held that where loss is attributable to fire and there is no plea or proof of wilful act, foul play, or fraud by the insured, the cause of the fire is immaterial for coverage. Theft/burglary was not an exclusion under the specified peril of "Fire", and exclusions must be strictly construed; an exclusion under another clause could not defeat liability for an independently covered peril. The repudiation letter and the rejection order were set aside, and the matter was remitted for assessment of loss. - SC
Issue was whether a fire insurance policy could be repudiated on the ground that burglary/theft preceded and allegedly caused the fire. The Court held that where loss is attributable to fire and there is no plea or proof of wilful act, foul play, or fraud by the insured, the cause of the fire is immaterial for coverage. Theft/burglary was not an exclusion under the specified peril of "Fire", and exclusions must be strictly construed; an exclusion under another clause could not defeat liability for an independently covered peril. The repudiation letter and the rejection order were set aside, and the matter was remitted for assessment of loss. - SC
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