Judgment Search Results Home > Cases Phrase: companies second amendment act 2002 section 133 amendment of other enactment Court: kerala Page 6 of about 165 results (0.376 seconds)

The Oriental Insurance Company Limited Vs. Jaison

Court : Kerala

..... was covered by the policy is unsustainable. therefore, the finding of the tribunal that the contention that the policy issued by the insurance company is an 'act only policy' is not available after the amendment of the statute is set aside. o.p.(m.v).no.1750/2001 is remanded to the motor accidents claims tribunal, thrissur, ..... pillion rider is not covered by that policy. but the tribunal held that after the amendment of the statute, the contention that a policy issued by them was an 'act only policy' is not available to the insurance company. the insurance company has filed this appeal challenging that finding of the m.a.c.a.1952/06 - :2. :- ..... to reconsider the o.p. afresh on the question of liability. the 2nd respondent would take a contention that he had transferred the vehicle prior to the accident and, therefore, the 2nd .....

Official Liquidator, Palai Central Bank Ltd. (In Liquidation), Ernakul ...

Court : Kerala

Reported in : AIR1966Ker121

..... is being wound up and it only makes it clear that the section applies not only to companies the winding up of which commenced after the section was first enacted by the banking companies (amendment) act 1953, but also to banking companies the winding up of which commenced earlier. if the sub-section gives the section any retrospective application it ..... by the respondents, that whenever a suit is barred by time, all other remedies for the enforcement of the same substantive right are likewise barred.25. the second contention, based on the authority of sachindra nath v. maharaj bohadur singh air 1922 pc 187 ramayya v. lakshmayya air 1942 pc 54 and cases like mangapati v ..... a liquidator within the meaning of the section, this application is well within five years of that date). since, of the two alternative periods of limitation, the second, namely, five years from the date of the first appointment of the liquidator expires later, that is the period to he chosen, and if follows that the .....

Mathew Michael Vs. Tekoy (India) Ltd.

Court : Kerala

Reported in : [1990]69CompCas145(Ker)

..... an order under sub-section (5) on an appeal against any refusal of the company to register any transfer or transmission, the central government may require the company to disclose to it the reasons for such refusal, and on ..... transfer or transmission shall be registered by the company or that it need not be registered by it ; and in the former case/ the company shall give effect to the decision within ten days of the receipt of the order.'13. sub-section (5a) which was incorporated by the companies (amendment) act, 1960 provides that: '(5a) before making ..... the grounds on which an appeal may be entertained. it does not prescribe the procedural formalities applicable to a second appeal under the code of civil procedure to appeals under section 155(4) of the companies act. absence of formulation of substantial questions of law does not appear to us to be a defect in the .....

K. Meenakshi Amma Vs. Sreerama Vilas Press and Publications (P.) Ltd. ...

Court : Kerala

Reported in : [1992]73CompCas285(Ker)

..... at the general meeting. it was found that sub-section (1) of section 257 of the companies act was not complete and so sub-section (1a) of section 257 was introduced by an amendment. the integrant of sub-section (1) of section 257 of the companies act if analysed, can be read as follows : (1) a person who is not a ..... section (1a) of section 257 of the companies act is applicable to this private company. if such a construction is adopted, it will lead to manifest absurdity. the learned judge also found so. we see no error in this interpretation of the provision. in view of this, we see no merit in the second ground urged by counsel for the appellant. ..... 21. counsel for the appellant next contended that the court has no jurisdiction to convene an extraordinary general meeting of the company. this contention was raised on the basis of section 186 of the companies act. by section 14 of act 41 of 1974, the word 'court .....

Employees' State Insurance Corporation and Anr. Vs. K.N. Premanandan a ...

Court : Kerala

Reported in : [2007(114)FLR128]; (2008)IILLJ539Ker

..... to impose:provided that before levying and recovering such damages, the employer shall be given a reasonable opportunity of being heard.(emphasis supplied).23. later on, the said section was amended by act 33/1988, after which the section reads as follows:14-b. power to recover damages:- where an employer makes default in the payment of any contribution to the fund ..... the express words of the statute, and is uncalled for. therefore, even in cases where the establishment is not a sick industrial company, the principles enunciated in the above said decisions would squarely apply notwithstanding the introduction of second proviso to section 85-b.18. in this connection, an argument has also been raised by the appellants on the basis of regulation .....

Annamkutty Vs. the Manager United India Insurance Co.

Court : Kerala

..... to rs.50,000/- and rs.25,000/- respectively by amendment act 54 of 1994, which came into effect from 14.11.1994. by amendment act, 51/94, a new section - section 163a was also introduced with a structured formula prescribed in the second schedule to the act, providing compensation for the income group falling in the category mentioned ..... without considering the age of the dependants, so as to give a uniformity in assessing the compensation.17. though, in the decision reported in national insurance company v. shyam singh (2011 sc3231, the maca146309 18 honourable supreme court has held that for determining the multiplier, the age of the dependants has to be ..... be reckoned for that purpose, in view of the dictum laid down in the decision reported in amrit bhanu shali and others v. maca146309 3 national insurance company limited and others (2012 acj2002. further, the amounts awarded under the heads pain and suffering, transportation expenses, loss of love and affection, funeral expenses etc. .....

The Kanan Devan Hills Produce Co. Ltd. Vs. the Industrial Tribunal, Er ...

Court : Kerala

Reported in : AIR1964Ker150; [1963(7)FLR474]

..... tribunal, 1962-2 lab lj 272 (punj). in that case the learned judge has considered the distinction between sub-sections1 and 2 of section 33 of the amended act; and thee learned, judge also observes that on the expiry of 30 days after the publication of the award the tribunal becomes functus officio and has no jurisdiction ..... the express permission in writing of the tribunal. the present section 33 is different, under sub-section 1 thereof the same provision as existed prior to the amendment is retained regarding discharge or punishment of any workman concerned in the dispute for any misconduct connected with the dispute. sub-section 2 has been newly added providing ..... i.d.no. 68 of 1959 pending that dispute the appellant company took disciplinary action against the 2nd respondent and she was dismissed from service on 7th may 1960. on (sic) may the appellants applied under the proviso to section 33(2)(b) of the industrial disputes act for approval of their action and that application was m.p .....

National Insurance Co. Ltd. Vs. thekkeyil Rajan and ors.

Court : Kerala

Reported in : AIR1982Ker354; [1985]58CompCas40(Ker)

..... new assured upon a company against its will. if you do that, you must have a novation. you must have the release of the assured and the acceptance of a new assured.' (p. 633)5. that the position under the motor vehicles act is also the same admits of no doubt. till the act was amended by the motor vehicles (amendment) act, 1969 (act 56 of 1969 ..... assurance corpn. ltd., (1938) 60 li l rep 311. 6. in the face of the admission that the insurance policy has not been transferred to the 2nd defendant, the 3rd defendant-insurance company cannot be held to be liable to indemnify defendants i and 2 or to satisfy the judgment and decree obtained by ihe plaintiff against defendants 1 and 2 ..... vehicle with the consent of or on the order of the insured. admittedly the insured under the policy is c. k. kunhahamad. the insured under the policy is not the 2nd defendant, the owner of the lorry at the time of the accident, nor the first defendant who was driving the vehicle at that time, as an employee of the .....

V. Surendran Vs. Central Board of Direct Taxes, Department of Revenue, ...

Court : Kerala

Reported in : [2009]182TAXMAN211(Ker)

..... or staff on deemed deputation.6. as consequence of change of category of the employees after the bsnl became a company, the amendment made in relation to section 17(2)(ii) of the income-tax act in finance act of 2007 has operated retrospectively. the concession in the matter of rent of accommodation provided by the employer to the ..... view that there is no merit in the contention of the petitioners. the petitioners are central government employees on deputation to bsnl. bsnl may be a public sector company coming under the government of india. it is also pointed out that it is owned by the government of india. but the issue that arises is the ..... central government. in the writ petitions, they have also stated in ground c as follows:c. petitioners being the employees of central government on deemed deputation to the 2nd respondent, under the administrative control of dot and being provided with housing accommodation owned by the 3rd respondent dot, falls under serial no. 1 of the table .....

Westfort Hi-tech Hospital Ltd. and anr. Vs. V.S. Krishnan and ors.

Court : Kerala

Reported in : (2007)2CompLJ143(Ker); [2007]76SCL185(Ker)

..... sc), the apex court was considering the matter in a case where fraud was played to remove shri madhusoodanan from the board. articles of association of that company were amended in 1973 to incorporate that 'm.s. madhusoodanan, presently the managing director and editor be and is hereby appointed the managing director and editor of the ..... such expressions are found and a case is only an authority for what it actually decides.1.1 therefore, facts of the case are considered first.2. the second respondent in the company application, dr. k.m. mohandas, (hereinafter referred to as the 'chairman') his wife (third respondent) and their children established and were carrying on the business ..... in different language, normally, indicating that proof of one set of facts shall be 'conclusive proof of a second set. an example of this is rule 3 of the rules framed in 1956 under section 18 of the citizenship act, 1955, which was the subject matter of challenge in izhar ahmad's case [izhar ahmad khan v. union .....