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IN THE HIGH COURT OF ORISSA AT CUTTACK
DIXIT KRISHNA SHRIPAD, CHITTARANJAN DASH
Dibakar Sahu – Appellant
Versus
Krushnapriya Biswal – Respondent
| Table of Content |
|---|
| 1. overview of case and parties involved (Para 1 , 4) |
| 2. appellant's arguments against the impugned order (Para 2) |
| 3. respondents' defense of the impugned order (Para 3) |
JUDGMENT :
KRISHNA S. DIXIT, J.
This Intra-Court Appeal is directed against a learned Single Judge's order dated 01.02.204 whereby private Respondents' WP(C) No.18802 of 2023 having been favoured, relief has been granted to them in the following words:
"In such view of the matter, this Court directs the Opposite Party Nos.1 to 3 to disburse the death claim amount in favour of the Petitioners, if the said amount has not yet been disbursed in favour of the nominee. Learned Civil Judge (Sr. Dvn.), Dhenkanal is also directed to dispose of the Execution Case No.07 of 2014 as expeditiously as possible preferably within a period of three months from the date of presentation of this order.‛
2. Learned Counsel appearing for the Appellant vehemently argues that the impugned order is liable to be voided for the following reasons:
(i) The private Respondents have suppressed the fact of they having obtained an ex parte decree against the LIC & the Appellant in Civil Suit No. 356 of 2011, have put the judgment & decree d
Nominees of life insurance policies function as trustees, not automatic beneficiaries; the 2015 amendment to the Insurance Act does not retroactively alter rights for policies where the policyholder ....
Nominees under life insurance policies act as trustees rather than beneficiaries, subject to the provisions of the relevant personal laws and policies in effect at the time of the policyholder's deat....
Rights of the parties to a lis have to be decided in accordance with the statutory provisions and law that prevails on the day the cause of action arises.
The main legal point established in the judgment is that nomination under Section 39 of the Insurance Act, 1938 does not confer any beneficial interest on the nominee, and the amount payable under th....
Nomination in insurance does not confer absolute rights over terminal benefits, which pertain to legal heirs under succession laws.
Amended provisions of Section 39 of the Insurance Act establish that nominees have independent rights over insurance proceeds, necessitating adjudication of any will claims in proper legal proceeding....
Nomination in insurance does not confer absolute rights; benefits are subject to distribution laws among legal heirs.
Nominees under Section 39(7) of the Insurance Act have a beneficial interest in insurance proceeds, but this does not override the applicable succession laws if inconsistent. Decisions on such matter....
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