AIR 1993 SUPREME COURT 2054 ::1993 AIR SCW 2116 ::1993 ( ) Bom CJ 546 ::(1993) 2 SCR 425 (SC) ::(1993) 1 ACC 594 ::1993 (2) SCC 639 ::(1993) 2 APLJ 14.1 ::1993 (1) BLJR 731 ::1993 BLJR 1 731 ::1994 (79) Com Cas 108 ::(1993) 2 Mad LW 112 ::1993 (2) SCR 425 ::1993 (2) SCJ 331 ::(1993) 2 JT 396 (SC)

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): N. M. Kasliwal, Yogeshwar Dayal , JJ

(A) Marine Insurance Act (11 of 1963) , S.3— Marine Voyage Policy with Institute Cargo Clauses (FPA) - Expression "ware-house to warehouse" in policy - Denotes time during which policy would remain in force - Cannot be interpreted as covering each and every risk - Not concerned with type of risk covered by policy. (Para 20) (B) Marine Insurance Act (11 of 1963) , S.2(e), S.57, S.68— Loss of Cargo due to perils of the sea - Onus lies on consignor to prove - Absence of proof - Insurer not liable - Sea water entering engine room but cargo remaining intact - Consignor granting permission to Receiver to sell the goods - Loss to consignor was not due to perils of the sea. (Para 21) (C) Civil P.C. (5 of 1908) , O.41 R.33— Scope - No cause of action established against one of the defendants - Decree passed against him by trial Court - Can be set aside by appellate Court in exercise of power under R. 33. Appeal No. 670 of 1988, D/- 16/17-1-1992 (Bom), Reversed. Rule 33 of O. 41, Civil P. C. is in three parts. The first part confers on the appellate Court very wide powers to pass such orders in appeal as the case may require. The secon....