Supreme Court of India
M/s Baspa Organics Limited v. United India Insurance Company Ltd.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the view that the non-disclosure of the non-poss ession of a licence was of a material nature, and constituted a violation of Condition 1 of the insurance policy.
Judgment, page 15
From the headnote
Consumer Protection Act, 1986: Fire and Special Peril policy – Insurance claim – Repudiation of claim – On the g round of suppression of material fact of not being duly licensed f or storage and use of Hexane at the factory – Held: In terms of eithe r Article 3 or 7 of the Petroleum Rules, 1976, the Appellant was required to obtain a license for the purposes of storing Hexane in ex cess of 20 kilolitres – The quantity of Hexane stored by the ppellant was more than 20 kilolitres – In the absence of a license, the Ap pellant could not have lawfully stored Hexane – Non-disclos ure of non-
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