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1988 Supreme(Kar) 122

PREM CHAND JAIN, K.SHIVASHANKAR BHAT
S. VISWESWARIAH – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD – Respondent


PREM CHAND JAIN, C. J.

( 1 ) S. Visweswaraiah has filed this appeal under Section 4 of the Karnataka High Court Act against the judgment of a learned single Judge of this Court dated 19th January 1983 by which writ Petition No. 10062/76 filed by him has been dismissed.

( 2 ) THE Vanguard Insurance Company Limited with its registered office at Madras was engaged in the business of doing general insurance. The Company has a branch office at Bangalore and the appellant was working as its Manager. On 13th May 1971, the President of India in exercise of the powers conferred by Art. 123 (1) of the Constitution, promulgated the General Insurance (Emergency Provisions) Ordinance, 1971, (No. 6 of 1971), (hereinafter referred to as 'the ordinance'), pending complete nationalisation of general insurance in the country, inter-alia providing for transfer of the management of the undertakings of general insurance to the Central government. Consequently from 13th May 1971 the business of the Vanguard Insurance Co. , ltd. (hereinafter referred to as 'the Company') stood vested in the Central Government. The ordinance was replaced and re-enacted by the Parliament as the General Insurance (Emergen




















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