AIR 1995 SUPREME COURT 1811 ::1995 AIR SCW 2815 ::1995 AIR SCW 2834 ::1995 CriLR(SC&MP) 368 ::(1995) Mad LJ(Cri) 641 ::1995 (3) SCC 757 ::1995 (5) SCC 482 ::1995 All CJ 2 726 ::1995 CriLR(SC MAH GUJ) 368 ::(1995) 2 AllCriLR 468 ::(1995) 26 All LR 180 ::(1995) 2 APLJ 57 ::(1995) 4 Bom CR 366 ::(1995) 2 EastCriC 626 ::(1995) 1 Raj LW 39 ::(1995) 4 SCT 678 ::(1995) 3 SCR 964 (SC) ::(1995) 2 Crimes 592 ::1996 SC CriR 44 ::(1995) 4 JT 483 (SC) ::1995 (4) JT 366

Supreme Court Of India

(From : Gujarat)

Hon'ble Judge(s): K. Ramaswamy, N. Venkatachala , JJ

(A) Constitution of India , Art.14— Scope -Term policy by Life Insurance Corporation - Confining only to salaried class from Govt., Semi Govt or reputed commercial firms - Violative of Art. 14. Insurance Act (4 of 1938) , S.2(11)— Contract Act (9 of 1872) , S.126— The term policy by Life Insurance Corporation confining to only salaried class from Government, semi-government or reputed commerical firms is discriminatory offending Article 14,. Denial thereof to larger segments violates their constitutional rights. The offending clause extending the benefit only to the salaried class in Government, Semi-Government and reputed firms is unconstitutional, Subject to compliance with other terms and conditions, the Corporation is free to enforce Table 58 policy with all eligible lives. The offending part is severable from the rest of the conditions. In issuing a general life insurance policy of any type, public element is inherent in prescription of terms and conditions therein. The Corporation or any person or authority in the filed in insurance owe a public duty to evolve their policies subject to such reasonable, just and fair terms and conditions accessible to all the segments of the society for insuring the lives of eligible persons. The eligibility conditions must be conformable to the Preamble, fundamental rights and the directive principles of....