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1962 Supreme(Cal) 87

S.P.MITRA
Mani Luxmi Patel – Appellant
Versus
Hindusthan Cooperative Insurance Society Limited – Respondent


Advocates appeared:
B.N. Sen, C. Tandon, M.K. Banerji.

JUDGMENT

1. THIS is a suit for the recovery of a sum of Rs. 10,000/- and for other reliefs. The plaintiffs' case is that the defendant No. 1 namely, the Hindusthan Co-operative Insurance Society Ltd. at all material times carried on business, inter alia, of life insurance, at No. 4, Chittaranjan Avenue in Calcutta. By the Life Insurance (Emergency Provisions) Ordinance No. 1 of 1956 the entire management and administration of the affairs and business of the life department of the defendant No. 1 had vested in and come under the direct control of the Union of India with effect from the 19th January, 1956.

2. ON the 22nd November, 1952 a local agent of the defendant No. 1 approached the husband of the plaintiff No. 1 Shantilal Chhotalal Patel for Having insurance on his life and on the persuasion of the agent Shantilal agreed to have his life insured with the defendant No. 1 for the sum of Rs. 10,000/ -. The local agent asked Shantilal to put his signature on the proposal form which he took away saying that he would do the rest himself and that on satisfactory report of the Company's Doctor and upon payment of the premium Shantilal would get the policy. The company's doctor thereafte




















































































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