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urban-627801.pdf
1.1 MB
Urban Infrastructure Real Estate Fund
v.
Neelkanth Realty Pvt. Ltd.

2025

Page 92 to 96 on principles dealing with Demurrer claim.
Summary:
while the decision on the objection or the plea raised by way of demurrer would be given assuming that the averments of the plaint are true, the defendant, would simultaneously reserve the right to show that these allegations are either wholly or partially false in the further stages of the action, should his objection be overruled. However, insofar as the decision on the objection which is raised as a preliminary point is concerned, everything stated in the plaint would be taken as true. In other words, the Privy Council had unequivocally and clearly stated that a decision on a mixed point of law and fact, taken by way of demurrer, would not be foreclosed in a situation where the party taking such a plea is unsuccessful.

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Cause Of Fire Is Immaterial If Insured Didn't Instigate It : Supreme Court Explains Principles On Fire Insurance https://www.livelaw.in/supreme-court/cause-of-fire-is-immaterial-if-insured-didnt-instigate-it-supreme-court-explains-principles-on-fire-insurance…
πŸ”₯πŸ§―πŸ§‘β€πŸš’ β€œIt is settled law that the contract of fire insurance is a contract to indemnify the Insured against loss by fire.”,

Whether in a particular case, the loss is caused by fire?


β€œa) There must be an actual fire; hence mere heating or fermentation will not be sufficient to render the insurers liable for loss occasioned thereby.

b) There must be something on fire which ought not to have been on fire.

c) There must be something in the nature of an accident, but a fire occasioned by the wilful act of a third person without the consent of the Insured, is to be regarded as accidental for the purpose of this rule.


NATIONAL INSURANCE COMPANY
VS.
ORION CONMERX
PVT LTD
2025
β€œOnce it is established that the loss is due to fire and there is no allegation/finding of fraud or that the Insured is the instigator of the fire, the cause of fire is immaterial and it will have to be assumed and presumed that the fire is accidental and falls within the ambit and scope of fire policy.”

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