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Report No. 97

3.10. Privy Council case.-

A Privy Council case1 sometimes cited in this connection may be noted. In that case, a time limit clause usually inserted in insurance policies was, by careless drafting, incorporated in re-insurance policy. The Privy Council held that a clause prohibiting legal proceedings after a limited period may be a reasonable provision in a protection against direct loss to specific property, but can hardly be applicable to a re-insurance policy.

1. Home Ins. Co. of New York v. Victoria Montreal Fire Ins. Co., 1907 AC 59 (PC), relied on in Pearl Ins. Co. v. Atma Ram, AIR 1960 Punj 236 (FB).

Section 28 of the Indian Contract Act, 1872 - Prescriptive Clauses in Contracts Back

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