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Report No. 82

Effect of Nomination under Section 39, Insurance Act, 1938

Chapter 1 Introductory
1.1 Scope of the Report
2. Multiple parties
3 Assignment of benefits-Various modes
4. Assignment under section 38, Insurance Act, 1938
5. Declaration under section 6, Married Women's Property Act, 1874
6. Nomination under section 39, Insurance Act, 1978
7. Problem for consideration relating to the effect of nomination
Chapter 2 Present Law and Earlier Position
I. The Statutory Provision
2.1. Section 39, Insurance Act
II. The Case Law
2. Section 39(6), Insurance Act
3. Andhra view
4. Gujarat view
5. Calcutta view
6. Karnataka, Kerala and Orissa view
7,8. Allahabad view
9. Later Allahabad Case
10,11,12,13. Rights of nominee according to Allahabad view
III. The Conflict
14. The Conflict
15. Position in England
IV. Earlier Position
16,17. Petition before 1938
18. Approach adopted by each High Court
19. Nature of the pre-1938 approach
20. View of Shri Sen
21. Material in the debates
Chapter 3 The Aspect of Social Justice
3.1. Fulfillment of legitimate expectations and position of near relatives
2. Social justice
3. Scope of near relatives
4. Position of married women
5. Provisions for widow
6. Speech of Mr. Hobhouse
7. "Will substitute"
8. Reform suggested in one article
9. Need for change in the law
Chapter 4 Legislative Precedents
4.1. Legislative precedents
2. Provident Funds Act
3. Case law on Provident Funds Act
4. Case law on Provident Funds Act
5. Government Savings Bank Act
6. Other precedents
Chapter 5 English and American Law
I. English La.- General Position
5.1. Assumption as to position in England and observations relating thereto
2. Statutory framework and its background
II. Friendly Societies in English Law
3. Friendly societies
4. Case law on Friendly Societies Act in England
5. Effect of nomination
6. English case of purchase in the name of another
III. American La.- Position In General
7. Position in U.S.A
8. Position of beneficiary
9. Classes of beneficiaries-The Primary Beneficiary
10. Death of beneficiary
11. Contingent beneficiary
12. Settlement agreement-successor payee
IV. American La.- Position Under Statutory Schemes
13. Statutory scheme-National Service Life Insurance
14. Right of designated beneficiary
15 Assignment
Chapter 6 Recommendation
6.1. Desirability of amendment
2. Considerations of social justice
3. Assignment not a satisfactory mode in all cases
4,5. Near relatives-The English approach as to near relatives
6. Rights of survivors of nominees
7. Rights of nominee not to be higher than those of the person making nomination
8. Testamentary disposition
9. Rights of nominees inter se
10. Recommendation to revise section 39, Insurance Act, 1938 by inserting new sub-sections
11. Section 39(7), Insurance Act, 1938-Nomination and Trust
12. Section 39(7)-Position of children
13. Section 33A-Insertion of note in every policy
14. Expression "beneficially entitled" and analogous expressions
Appendix Select List of Statutory and other Reference using The Pression "Beneficially Entitled" or Comparable Phraseology

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