Sea insurance contracts need a written policy; oral arrangements are unenforceable and cannot bypass the statutory bar.

A contract for sea insurance is unenforceable unless it is expressed in a sea policy under section 7 of the Indian Stamp Act, 1899. The statutory requirement is mandatory and prohibitory, so the bar cannot be avoided by waiver, omission to plead, or oral proof alone. On the facts, the alleged word-of-mouth arrangement was also not shown to be a concluded contract, because the declaration, acceptance, and withdrawal of the quotation were inconsistent with ordinary underwriting practice. The claim therefore failed, and the asserted sea-insurance arrangement was treated as barred by statute and unproved as a binding contract.

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Issues: Whether an alleged oral agreement to issue a policy of sea insurance was enforceable in the absence of an expressed sea policy under the Indian Stamp Act, 1899.

Analysis: Section 7 of the Indian Stamp Act, 1899 made a contract for sea insurance invalid unless expressed in a sea policy. The statutory requirement was mandatory and prohibitory, not a mere procedural safeguard or a provision that could be waived by omission to plead it. An agreement for sea insurance concluded only by word of mouth, without the issuance of a policy, could not be enforced by the Court, regardless of the pleadings below. The evidence also did not establish a concluded contract on the facts, as the alleged declaration and acceptance were inconsistent with ordinary underwriting practice and with the withdrawal of the quotation before any effective acceptance.

Conclusion: The alleged agreement was unenforceable, and the claim failed.

Final Conclusion: The appeal could not succeed because the asserted sea-insurance arrangement was barred by statute and was not proved as a binding contract.

Ratio Decidendi: A contract for sea insurance is unenforceable unless it is expressed in a sea policy, and the statutory bar cannot be avoided by waiver, omission to plead, or oral proof alone.

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