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Section 46: Application of the law in force in India to policies issued in India.

The Insurance Act, 1938Central Act · Act 4 of 1938

The holder of a policy of insurance issued by an insurer in respect of insurance business transacted in [India] after the commencement of this Act shall have the right, notwithstanding anything to the contrary contained in the policy or in any agreement relating thereto, to receive payment in [India], of any sum secured thereby and to sue for any relief in respect of the policy in any Court of competent jurisdiction in [India]; and if the suit is brought in [India]; any question of law arising in connection with any such policy shall be determined according to the law in force in [India]:

[Provided that nothing in this section shall apply to a policy of marine insurance.]

Where this provision sits

ActThe Insurance Act, 1938
Section46
Marginal noteApplication of the law in force in India to policies issued in India.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 62 of 1956. Subs. by Act 62 of 1956, s. 2 and the First Schedule, for "the States" (w.e.f. 1-11-1956).
  • inserted, Act 7 of 1944. Ins. by Act 7 of 1944, s. 2 (w.e.f. 7-3-1944).

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