RABINDRA N MAITRA Vs. LIFE INSURANCE CORPORATION OF INDIA
LAWS(CAL)-1963-7-2
HIGH COURT OF CALCUTTA
Decided on July 05,1963

RABINDRA N.MAITRA Appellant
VERSUS
LIFE INSURANCE CORPORATION OF INDIA Respondents


Referred Judgements :-

RALLI BROTHERS V. COMPANIA NAVIERA SOTA V. AZNAR [REFERRED TO]
FOSTER V. DRISCOLL [REFERRED TO]
BOMYTHON V. COMMONWEALTH OF AUSTRALIA [REFERRED TO]
TOMKINSON V. FIRST PENNSYLYANIA BANKING; TRUST CO. [REFERRED TO]
DELHI CLOTH AND GENERAL MILLS COMPANY LIMITED VS. HARNAM SINGH [REFERRED TO]



Cited Judgements :-

MILKHA SINGH AND ANR. VS. CENTRAL GOVERNMENT AND ORS. [LAWS(P&H)-1979-4-26] [REFERRED TO]
BANSO DEVI VS. ASSISTANT DIRECTOR ENFORCEMENT DIRECTORATE [LAWS(P&H)-1979-4-25] [REFERRED TO]


JUDGEMENT

U.C.Law, J. - (1.)This action was originally brought against the Oriental Governmenat Security Life Assurance Co. Ltd. of Bombay (to be referred to as 'the insurer' hereinafter) with leave under Clause 12 of the Letters Patent. The case made out in the pleadings is as follows:
(2.)On 9 November 1932 a Brojendra Mohan Maitra insured his life with the insurer for Rs. 24,000/- and the insurer in consideration of the premiums paid and to be paid to it, granted him a Policy No. 358406 thereby agreeing to pay to the assured or his assigns, executors, administrators or other legal representatives the sum assured together with all bonuses and profits which' might accrue upon the policy on the assured surviving until 25 October 1952 or at his death if previous. Under the terms of the policy the sum assured was payable at Bombay. This policy matured on 25 October 1952 and a sum of Rs. 29,650/- became payable on the policy to the assured.
(3.)By a Deed of Assignment dated 18th December 1952 the assured duly assigned to the plaintiff his son, in Calcutta within the jurisdiction of this Court, the benefits of the policy and the money due to him thereunder for valuable consideration. Thereafter by their letters dated 20th December 1952 both the plaintiff and Brojendra (the assured) gave notices in writing of the assignment to the insurer at its principal place of business in Bombay and also sent to it the Deed of Assignment which the insurer acknowledged in writing by its letter dated 31, December 1952.


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