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Surya Sharma   02 March 2014 at 14:13

Insurance law

I have a moot court competition in my University. The proposition is based on Insurance. I am not able to make out contentions from the side of the petitioner/complainant. Please help me out. Find the proposition below.

MOOT PROPOSITION
1. Bio Cos Pvt. Ltd., is one of Asia’s best cosmetic products company having its Head office and Ware House at New Delhi. It exports its products to several Asian, European and American countries. Majority of its exports to international buyers are through commercial shipping.
2. For exports, the company follows a standard procedure, which involves computerised packing of its products into containers, and the containers are then sealed through machines in the presence of state excise officials. These containers are then weighed on an electronic weighment bridge and loaded on to trucks for transporting to the Tughlakabad (Delhi) dry port which is around 50 km away from the warehouse. This whole process excludes any human interference. From there, the container corporation of India transmits the same to the Nhava Sheva port, Mumbai. There the containers are loaded on to Ships and sent to the ports of destination countries.
3. Bio Cos Pvt. Ltd. has taken a comprehensive marine insurance cover, both inland and international from Secure India Ltd., one of the leading insurance companies of India having its head office at New Delhi. While taking the policy, Bio Cos Pvt. Ltd. has submitted in the proposal form that it exports its products to international buyers on C.I.F. (Carriage, Insurance, and Freight) terms.
4. In January, 2013, Bio Cos Pvt. Ltd. entered into contract with Madara Ecocosmetics, a company based in Italy for sale of 10,000 packs of its products for Rs 1 crore. As per the contract, the goods were to be sent to the buyer on F.O.B (Free on Board) basis. It was further agreed that the insurance cover of the consignment will be taken by Madara Ecocosmetics.
5. Accordingly, Bio Cos Pvt. Ltd. packed the consignment of 10,000 packs into 10 containers of 1000 packs each and sent the same as per their standard procedure. The goods reached the designated port at Italy, where the agents of Madara Ecocosmetics took delivery. The seals of the containers were opened in their presence and the goods were taken out for counting and weighing. It was noticed that instead of 10,000 packs, only 7000 were there in the containers. The information regarding this shortage of consignment was shared with Bio Cos Pvt. Ltd.
6. To cover up the deficiency of original order, Bio Cos Pvt. Ltd. further sent 3000 packs to Madara. On enquiries and investigation, Bio Cos Pvt. Ltd. got to know that similar kind of shortages because of skilful theft have been reported in consignments sent by other exporters also. Thus, ascribing shortage in consignment to theft of the goods, Bio Cos Pvt. Ltd. also lodged a FIR with the local police. In FIR it was alleged that some of the truck drivers who are responsible for transporting goods from warehouse to dry port along with some unknown persons have conspired to commit theft of 3000 packs from the consignment. It was alleged that this theft has been affected by skilfully removing the seals to pilferage packs from containers and then the containers were artfully resealed. Acting on the FIR, the police also arrested some persons and recovered cash amount of Rs.10, 000 from their possession.
7. At the same time, Bio Cos Pvt. Ltd. lodged claim with Secure India Ltd. for the loss due to this theft of 3000 packs. In the claim form, Bio Cos Pvt. Ltd. has reiterated the facts regarding theft. It was submitted that as the marine insurance policy was in currency when the alleged theft took place, the insurance company is liable to indemnify Bio Cos Pvt. Ltd. to the extent of price of 3000 packs of goods. However, Secure India Ltd. has repudiated the claim on the ground that the insured i.e. Bio Cos Pvt. Ltd. was not having any insurable interest in the goods subjected to theft and also on the ground that it violated the policy condition by sending it on a F.O.B basis.
8. Argue from both sides i.e. on behalf of aggrieved, Bio Cos Pvt. Ltd. who has now approached you for instituting appropriate legal proceedings under Consumer Protection Act, 1986 against Secure India Ltd and then on behalf of defendant Secure India Ltd against Bio Cos Pvt Ltd. 3. The issues/ contentions need not be limited to one’s enumerated in the concluding paragraph of moot problem. Additional issues/ questions may be framed and raised.
Clarifications:
The insurance policy taken by Bio Cos Pvt. Ltd. from Secure India Ltd. is valid from 1st January 2013 to 31st December, 2014. The insurance policy covered within its ambit all exports done by Bio Cos Pvt. Ltd. during this period.

Rohit Adhikari   02 March 2014 at 12:54

How to surrender a passport?

Dear Experts,
I have an indian passport with some corrections like wrong date of birth and changed address. Right now I don't need it and I want to surrender it, so kindly tell me the process.
Thank you!

bhanu partap singh   01 March 2014 at 23:49

Recovery of mobile handset

i lost my mobile where to file complaint i lost it in dehli now i shifted to my home in distt. kathua (j&k) can i registred my complaint in my home town
And also what is the procedure to recover the same(mobile)

Anguluri Annappa   01 March 2014 at 23:09

Banker's accountability...return of cheques...reg

Respected Experts,

Please advice who is accountable in the following case:


1. The Paying Banker who closed the account
of the customer without finalising the
position of unused cheque leaves and
returning a cheque in clearing with the
reason ACCOUNT CLOSED, thereby giving an
opportunity to commit fraud by his
customer.
2. The Service branch of the Collecting
bank, who could not intimate the return
position of the cheque before closure of
branch.
3. The Collecting bank branch passed the
credit in the normal course before clo
sure of the day's business resulting in
payment of a returned cheque.

If recovery is not forthcoming who is
accountable,
a. The Paying Banker who acted with
gross negligence so that his custo
mer defrauded public.
b. The Service branch who could not even
alert the collecting branch not to
pass the credit before closure of the
collecting branch.
c. The collecting Bank branch to have
passed the credit.

In this case the Collecting Bank branch
had taken all the precautions before
opening of the account of the customer
for whom the cheque was collected.

Yours faithfully.
Annappa

Anguluri Annappa   01 March 2014 at 23:06

Banker's accountability...return of cheques...reg

Respected Experts,

Please advice who is accountable in the following case:


1. The Paying Banker who closed the account
of the customer without finalising the
position of unused cheque leaves and
returning a cheque in clearing with the
reason ACCOUNT CLOSED, thereby giving an
opportunity to commit fraud by his
customer.
2. The Service branch of the Collecting
bank, who could not intimate the return
position of the cheque before closure of
branch.
3. The Collecting bank branch passed the
credit in the normal course before clo
sure of the day's business resulting in
payment of a returned cheque.

If recovery is not forthcoming who is
accountable,
a. The Paying Banker who acted with
gross negligence so that his custo
mer defrauded public.
b. The Service branch who could not even
alert the collecting branch not to
pass the credit before closure of the
collecting branch.
c. The collecting Bank branch to have
passed the credit.

In this case the Collecting Bank branch
had taken all the precautions before
opening of the account of the customer
for whom the cheque was collected.

Yours faithfully.
Annappa

sk..........   01 March 2014 at 18:54

Reg information

During arguments my friend was hit by a person, my friend file FIR police would produced in court,the person
now
will the person be sent to jail.
or will he be let off with a fine amount.

vicky arora   01 March 2014 at 17:21

Re:- minimum wages rate applicable to gujarat

Hi,

While calculating the minimum wage rate for a month, 26 days was considered in accordance with circular issue for the period of 01/10/13 to 31/03/2014. How much days in a month, we consider while calculating the minimum wage pay?

Rgds
vicky arora

Zefran Shaikh   01 March 2014 at 16:38

Whether non enrolled legal professional represent a client in a court?

Hi, my dad's friend is a legal professional in Mumbai but he is not practicing as he has not enrolled in bar council.

He is working with MNC as legal officer. We have to file a case against a broking firm for not settling our bills on time.

can he represent us through a power of attorney in the court. We want him to fight our case as he has excellent legal knowledge about capital markets and law of securities and fees would also be less since he is our family friend.

Can he represent us in the court through a POA?

sk..........   01 March 2014 at 15:41

Reg.pollution

REG.pollution act.
if someone is booked by police for creating pollution air pollution
what is thed amount to be paid in court.

Member (Account Deleted)   28 February 2014 at 16:47

Legal Advice

If I file any case with nation human right. How they investigate the case. I like to know the deparyment they deal with to investigate the matter.