GREAT AMERICAN INSURANCE CO LTD Vs. ATTAR SINGH
LAWS(P&H)-1954-4-22
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 23,1954

GREAT AMERICAN INSURANCE CO LTD Appellant
VERSUS
ATTAR SINGH Respondents

JUDGEMENT

- (1.) This is a rule obtained by the defendant the Great American Insurance Company Limited against an order passed by Mr. Ram Lal, Subordinate Judge 1st Class, acting as a Tribunal under Act No. LXX of 1951 helding that the defendant company falls within section 18 of the Displaced Persons (Debts Adjustment) Act No. LXXX of 1951.
(2.) Attar Singh who was a timber merchant at Jhelum and is now residing a Amritsar made an application under section 18 of the Displaced Persons Act for recovery of Rs. 5,000 on account of loss suffered by him under a policy which he had taken from the Great American Insurance Company Limited the present petitioner. The Insurance Company is a company incorporated in New York and has one of its offices at Calcutta. They raised a preliminary objection that section 18 is not applicable to them as they are not a company within the meaning of section 2(1) of the Displaced Persons Act they being a foreign company, and they thus challenged the jurisdiction of the Tribunal to adjudicate upon the question.
(3.) The Tribunal has found that the original petitioner Attar Singh is a displaced person from Jhelum and the Act be applicable to himself if section 18 applies to the facts of this case. The Tribunal has also found that this section does apply and the question which has been agitated before me is whether the present petitioner which is an American and therefore foreign company falls within section 18 of the Act.;


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