Court : Mumbai
Reported in : (1911)13BOMLR835; 12Ind.Cas.257
..... c 175; in the same sense are lord cranworth's dicta in orr v. union bank of scotland (1854) 1 mac 513 and british linen co. v. caledonian insurance co. (1861) 4 mac. 107. .lord coleridge observed further, speaking of the company, that 'there could be no negligence in relying on the honesty of their servants in the discharge of ..... have this effect in law, it would, in my view, be requisite, first, that the negligence should have occurred in the very transaction itself, not in some collateral act, and, secondly, that the negligence should have been the proximate cause of misleading the defendant bank. that, i understand, is the limit of the rule in lickbarrow v. ..... that in the case of negotiable instruments a more stringent rule is enforceable against the maker. it is to be observed that chapter viii of the indian evidence act which deals with estoppels recognises no special rule for negotiable instruments beyond that laid down in section. 117 with regard to the acceptor of a bill of exchange, .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR590
..... 1909, and under it the defendant claims payment of the policy moneys in preference to the plaintiff.4. the suit was filed by the plaintiff against the defendant and the insurance company to establish his claim to the policy money. the insurance company were discharged from the suit on payment into court of the moneys secured by the policy.5 ..... to the prejudice of the assignee. the english rule which permits an assignee to obtain priority over earlier assignees by giving notice no longer finds any counterpart in the act. it is suggested in a well-known commentary (a) that the reason of the omission is that since the transfer is complete and effectual on the execution of ..... and prior to the date of his assignment, shown the importance they attach to the possession of the policy. it is in evidence that messrs. madhavji and kamdar, acting nominally on behalf of dwarkadas, though really on behalf of the defendant, informed the agents of the company on the 23rd of july 1909 that the original of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR520
..... 12, which were to the effect that rs. 40,000, being four-fifths of the sum for which the testator's life had been insured, should be settled on her and her children. the remainder of the insurance money . was to go to the widow for life.8. shortly after the testator's death the appellant and the three other executors who ..... will and sole residuary legatee. he joined in obtaining probate. he took upon himself the management of the estate and possessed himself of all the assets. for some years he acted in execution of the trusts of the will. called upon to account and charged with various breaches of trust he now asserts that the will was wholly inoperative and that ..... and the elaborate judgment in the courts in madras, it will be proper to deal shortly with the facts of the case and the grounds of the decision under appeal.4. the testator was born at madura in 1834. he was the son of srinivasa iyengar, who was treasurer of the collector of madura. in march 1854, after a quarrel with .....
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR1211; 12Ind.Cas.897
..... subsequently executed on the 7th of february 1899 and is ex. f in the case. the goods belonging to the three merchants, for whom the plaintiffs' firm was acting as commission agents, were insured for rs. 3,500. it appears that 'ali madut' met with bad weather and was carried out of its course, and, after having battled with the sea ..... come into force, and the suit as constituted, even without the addition of the words 'a firm,' is, in my opinion, properly constituted and is maintainable by the plaintiffs.4. the second point urged by mr. talyarkhan on behalf of the defendants was that the plaint not being signed by one of the plaintiffs was bad and therefore the suit ..... 31 being the plaintiffs' commission, making altogether the sum of rs., 3,201-12-6. in taking out the policy the plaintiffs included freight which came to rs. 274-4-0 and insured the goods for the round sum of rs. 3,500.20. plaintiffs seek to recover the policy moneys with interest at 9 per cent. per annum from the first .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR741
..... the party cannot enter into a contract and agree that he shall resort to a court of justice within a period other than that provided by the limitation act.4. but here the parties agreed in substance that if no suit ..... parties.2. it is argued for the appellant that the deceased who had insured his life could not contract himself out of his right to resort to a court of justice and agree to lessen the period prescribed for a suit by the legislature in the limitation act. in support of that argument the learned counsel for the appellant has ..... invoked the aid of section 28 of the indian contract act.3. if the words in the clause be interpreted literally there might be considerable force in the argument addressed to us. but the terms used in an insurance contract must be interpreted with reference to the object and exigencies of insurance. it is true that where there is a right .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR19
..... elapsed between the fire and the delivery up of possession by the companies as being evidence that could relate solely to what was termed ' a tortious act' on the part of the insurance companies, and they contended that no such question was referred to the arbitrators. on the 23rd january 1908, judgment was delivered. the learned judge ..... in the victory mill on the 14th october 1906, and did very extensive damage. immediately after the fire the appellant gave notice of his claim to , the insurance companies, and they took possession of the premises under powers reserved to them in that behalf and retained possession for a considerable period for salvage purposes during which ..... policy, but he raised the contention (to use his own words) ' that the liability for damage to property ceased the moment the fire was extinguished.'4. the question of the admission of this evidence was formally argued before the arbitrators and they decided that they would allow the evidence to be given. thereupon .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR79
..... 1900 that a 'just debt' means a debt which is actually due and is not immoral, illegal, or opposed to public policy, and has not been contracted as an act of reckless extravagance, or of wanton waste, or with the intention of destroying the interests of the reversioners.6. the district judge, and on appeal the chief court, dealt ..... concurrent findings should be accepted as conclusive so far as the sums of rs. 6,100 and rs. 3,400 are concerned.7. as to the second item, rs. 4,650 of the detail of the consideration, the district judge, although he was not satisfied that there had been any necessity for the borrowing by gurbakhsh singh of some of ..... the previ-ous mortgagees . . . 9,500credited to the vendee on account of previous debt, principal, and interest due to him under a bond, dated the 13th febru-ary, 1891 . . . 4,650credited to the vendee, on account of the previous debt, princi-pal and interest due to him under bahi account entered on leafno. 115 . . . 3,350now received in cash before .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR9
..... to a sum of rs. 29,426-14-0 now standing in court to abide the result of the action. it represents the net proceeds of a policy of insurance on the life of dwarkadas dharamsey who died on 8th august 1909.2. the appellant bases his claim on an assignment in writing under the hand of dwarkadas dharamsey, ..... the circumstances of the present case.3. the respondent bases his claim upon a deposit of the policy with him by dwarkadas dharamsey undoubtedly with the intention of its acting as security for the repayment of a debt then owing by him to the respondent. this deposit was made in november 1904 and was unaccompanied by anything in writing. ..... subsequently arise. whether or not this contention of fact is established is not in their lordships' opinion material.4. the decision of the matter in issue turns entirely on the interpretation of section 130, sub-section i, of the transfer of property act, 1900. it is as follows:-the transfer of an actionable claim shall be effected only by the .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR320; 19Ind.Cas.736
..... , kt., c.j.1. the defendants are judgment-creditors of sadashiv nilkanth, the deceased husband of the plaintiff. in execution of their decree they attached a policy of insurance effected by the deceased upon his own life. the policy was expressed to be for the benefit of his wife, and the plaintiff therefore applied to raise the attachment. ..... own life, it might be doubtful whether, before the act, a simple declaration on the face of the policy that it was for the benefit of his wife and for his children, would have been sufficient to make a trust for the wife and children'. it appears from bunyan on insurance (p. 463) that before 1870 the difficulty was sometimes ..... of any trusts to which the sura payable may be subject; and as the act of 1874 does not apply to hindus the plaintiff cannot claim the benefit of its provisions.4. it was however argued that as under section 2 clause (d) of the contract act the consideration might be provided by some other person, the plaintiff could sue on .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom225(2); (1913)15BOMLR948
..... .batchelor, j.5. this suit was brought by the plaintiff-company to recover from the defendant-company a sum of rs. 4,297-13-6 as the amount payable by the defendants under a policy of insurance issued by them to the plaintiffs. numerous defences were raised, but the suit was dismissed by beaman j. upon a preliminary ..... provisions of this clause, as cited above, could not be pleaded in bar of the suit because those provisions constituted a void agreement under section 28 of the contract act. the learned judge below, though with expressed reluctance, accepted the argument for the defendants holding himself bound to do so by the decision of the bench in hirabhai ..... is void under this section. as i understood the argument for the appellants, the learned advocate general, while admitting-what has often been decided-that the indian limitation act operates in such a case as this not to extinguish rights, but only to bar remedies, contended that for the purposes of this appeal we should look rather .....
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