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Life Insurance Corporation of India Vs. D.J. Bahadur and ors. - Court Judgment

LegalCrystal Citation
SubjectInsurance
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 2275 of 1978
Judge
Reported inAIR1980SC2181; 1980LabIC1218; (1981)ILLJ1SC; (1981)1SCC315; [1981]1SCR1083; 1980(2)LLN575
ActsIndian Contract Act
AppellantLife Insurance Corporation of India;chandrasekhar Bose and ors.
RespondentD.J. Bahadur and ors.;union of India (Uoi) and ors.
Advocates: P.K. Chatterjee,; Rathin Das,; Adarsh Goel,;
Prior historyAppeal by special leave from the Judgment and Order dated August 11, 1978 of the High Court of Judicature at Lucknow in Writ Petition No. 1186 of 1978
Books referredEarl Jowitt in 'The Dictionary of English Law'
Excerpt:
- indian succession act (39 of 1925), sections 74 & 82 :[s.b.sinha & v.s.sirpurkar,jj] construction of will recourse to arm chair rule held, when doubt arises as to intention of testator, conduct of testator in dealing with property in question and surrounding circumstances become relevant for ascertaining intention of testator. sections 74 & 82: construction of will - demised property was self-acquired property of testator - testator, however, declaring that he and his brother are owners of property having equal share - that ownership of first floor will be of his sons and family members of his brother would be owners of 2nd floor held, doctrine of family settlement will apply in such case. will should be given a broad construction keeping in view special equity principle. order156. in view of the opinion expressed by the majority, the appeal is dismissed with costs to the first, second and third respondents, and the transfer petition no. 16 of 1979 stands allowed insofar that a writ will issue to the life insurance corporation directing it to give effect to the terms of the settlements of 1974 relating to bonus until superseded by a fresh settlement, an industrial award or relevant legislation. costs in respect of the transfer petition will be paid to the petitioners by the second respondent.
Judgment:
ORDER

156. In view of the opinion expressed by the majority, the appeal is dismissed with costs to the first, second and third respondents, and the Transfer Petition No. 16 of 1979 stands allowed insofar that a writ will issue to the Life Insurance Corporation directing it to give effect to the terms of the settlements of 1974 relating to bonus until superseded by a fresh settlement, an industrial award or relevant legislation. Costs in respect of the Transfer Petition will be paid to the petitioners by the second respondent.


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