Mumbai Court February 1944 Judgments
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Santuram Hari Vs. Trust of India Assurance Co.
Court: Mumbai
Decided on: Feb-09-1944
Reported in: AIR1945Bom11; (1944)46BOMLR752
Chagla, J.1. On February 4, 1937, the plaintiff applied to the first defendant company for the issue ofan endowment life policy for Rs. 2,000 on the joint lives of himself and his wife. The proposal was accepted, and a policy was issued on April 8, 1937. The plaintiff's wife died on January 14, 1940.2. On August 15, 1937, the plaintiff assigned the policy to defendant No. 2 who forwarded it to the first defendant company for registration, and the assignment was duly registered by the first defendant company on February 8, 1940. On the face of it this assignment is absolute in form,; but it is clear that it was intended only to be by way of security. On March 14,1941, defendant No. 2 informed the first defendant company that his claim in respect of the policy was restricted to his interest in the policy money as the first mortgagee in respect of the moneys advanced by him on the security of the policy. But, as I shall presently point out, it makes no difference to the position in law wh...
Sorabji Medora Vs. Oriental Life Assurance Co.
Court: Mumbai
Decided on: Feb-07-1944
Reported in: AIR1944Bom351; (1944)46BOMLR767
Leonard Stone, Kt., C.J.1. We consider that in this case leave to appeal to the Privy Council ought to be given.2. Before parting with the matter, we desire to point out the undesirability of the prolix affidavit filed on behalf of the respondents, which contains a great deal of unnecessary and argumentative matter. We shall not take any drastic step in this case; but for the future we give this warning that if any such lengthy and argumentative affidavits are put in unnecessarily, we may penalise the attorney of the party who puts in any such affidavit by disallowing his costs.3. Certificate granted in terms of prayer (a). Costs, costs in the appeal to the Privy Council....
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