Report No. 66

8.39. Another Calcutta case.-

In a Calcutta case1, the nomination made by assured in an insurance policy, was in these terms, "The wife, the nominee, if she be alive on the death of the assured and this nomination shall be still in force which failing to the assured or his executors, administrators, assignees or other nominees." The High Court held that the "only reasonable interpretation is that the husband intended to preserve his right to cancel the nomination. In these circumstances, section 6, Married Women's Property Act, can have no application."

1. Sarojan Baton v. Hem Chandra, AIR 1946 Cal 44.