Judgment Search Results Home > Cases Phrase: employers liability act 1938 Page 96 of about 63,085 results (0.182 seconds)

The Oriental Fire and General Insurance Company Ltd. Vs. Matta Chandra ...

Court : Andhra Pradesh

Reported in : II(1987)ACC28

..... if it is a goods vehicle, being carried in the vehicle or(clause (ii) of the proviso)(ii) except where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, to cover liability in respect of the death of or bodily injury to persons being carried in or upon or entering or mounting or alighting from the vehicle at the time of the occurrence of the event out of which a claim arises, or(iii) to cover ..... goods vehicle, who are covered by the statutory liability or act policy are either 'passengers carried for hire or reward' or 'by reason of or in pursuance of a contract of employment'. ..... caused by or arising out, of the cause of the vehicle in public place;(the proviso to section 95(1)(b)provided that a policy shall not be required--(clause (i) of the proviso)(i) to cover liability in respect of the death arising out of and in the course of his employment, of the employees of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his ..... death of or bodily injury to any person but except so far as is necessary to meet the requirements of section 95 of the motor vehicles act, 1939, the corporation shall not be liable where such death or injury arises out of and in the course of the employment of such person by the insured.in the above cases, the words 'any person' in the policy was construed widely as including even gratuitous passengers .....

Narula Enterprises Vs. Employees' State Insurance Corpn.

Court : Punjab and Haryana

Reported in : (1998)IILLJ931P& H; (1997)115PLR518

..... even for argument's sake if it is to be observed that till the applicant-appellant received the demand notice dated april 16, 1978, as it has not deposited the employer's as well as employees' contribution under the act, it has not incurred any liability to pay any interest thereon, it positively incurred that liability by not depositing these contributions from december 1, 1975 to april 1978 immediately after receiving the demand notice. ..... ic 1893 delhi high court considered the provisions of sections 39, 45b and 37d of the act and held that it is incumbent upon the employer to pay up the contribution as covered by the act, on their own, and their liability would not depend on the fact as to whether they had recovered this amount from the employees or not. ..... liability of the employer has been made clear beyond doubt by section 40 by laying down that the principal liability for contribution in the first instance shall be of the employer with the implication that whether the employer made his contribution or not, and whether the employer had called upon the employee to make that contribution or not; in so far as the authorities under the act are concerned, the principal employer is liable for the entire contribution, once it is shown that the act .....

Bai Chanchalben (Widow of Deceased Bhikhabhai Kalandas) Vs. Burjorji D ...

Court : Gujarat

Reported in : 1970ACJ440; (1970)0GLR71; (1969)IILLJ357Guj

..... woman or of such person during his disability, in such manner as the commissioner may direct, section 17 which is the next relevant section reads as under : 'any contract or agreement whether made before or after the commencement of this act, whereby a workman relinquishes any right of compensation from the employer for personal injury arising out of or in the course of the employment shall be null and void in so far as it purports to remove the liability of any person to pay compensation under the ..... 29 then speaks of allowable deductions from this liability for the full amount and the short question is what is the scope of that part of section, whether this part under which the employer is entitled to deduct certain amounts from the amount of full liability applies to all cases of direct payment as contended by sri vin or applies only to cases, as contended by sri vyas, falling under the proviso to sub-section (1) of s ..... therefore, the part of that section casts upon the employer the liability for full amount for compensation notwithstanding the memorandum of agreement which though required to be registered under s ..... (2) in cases where the employer does not accept the liability for compensation to the extent claimed, he shall be bound to make provisional payment based on the extent of liability which he accepts, and, such payment shall be deposited with the commissioner or made to the workman, as the case may be, without prejudice to the right of the workman to make any further .....

Kantilal Gordhandas Lalakiya Vs. Ramniklal Laxmichan Khimasiya and 2 o ...

Court : Gujarat

Reported in : 2010ACJ100; (2009)1GLR319

..... it is not in dispute and cannot be disputed that the respondent-insurance companies concerned will be statutorily as well as contractually liable to make good the claims for compensation arising out of the employers' liability computed as per the provisions of the compensation act. ..... of one month, the insurance company shall be liable to reimburse the owner only the amount of compensation with interest therefrom but not the penalty imposed on insurer-employer for default of payment of amount stating:the only contention put forth before us is that the entire liability including penalty and interest will have to be reimbursed by the insurance company and this aspect has not been examined by the learned single judge in the high ..... : air2008sc767 , having regard to the provisions contained in section 54(v) of the insurance act, 1938, in the fact situation obtaining therein, it was opined:a contract is based on reciprocal promise. ..... : [2001]1scr1131 , a division bench noticed both the aforementioned decisions and analysed the same in the light of section 64-vb of the 1938 act. .....

Chandmama Publications Vs. Commissioner of Income-tax

Court : Chennai

Reported in : (1989)76CTR(Mad)97; [1989]176ITR321(Mad)

..... of wages for leave to a worker would arise only if he went on leave or was discharged or refused leave or he quit his employment and till those circumstances arose, the liability that rested on the employer remained a contingent liabilty which the employer may or may not be called upon to discharge and any sum set apart by an employer for meeting the contingency of his workers going on leave in the next year cannot be regarded as a permissible expenditure under section 10(2)(xv) of ..... assessee in respect of retrenchment compensation under section 25f of the industrial disputes act was not a liability in praesenti, but was only a contingent liability, which cannot be taken into account as an accrued liability, even though the assessee has been maintaining accounts on the mercantile system and that the assessee had still control or dominion over the reserve, which it was at liberty to recall for ..... corporation : [1964]51itr240(mad) dealt with the question of a claim by the assessee as business expenditure under section 10(2)(xv) of the indian income-tax act, 1922, of the amounts credited to a fund to meet an eventual liability under section 25f of the industrial disputes act. ..... at the instance of the assessee, under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), the following common question of law has been referred to this court its opinion : 'in the facts and circumstances of the case, was the income-tax appellate tribunal right in holding that .....

Dheeraj Kumar Verma and ors. Vs. the State of Bihar and ors.

Court : Patna

..... decisions which have been cited by the parties, it has been decided that the employee cannot suffer for the laches on the part of the employer when he is liable to deduct the amount from the salary of the employee and make payment of premium through cheque since the employer acts as an agent of the lic and no notice of payment of non- payment of premium is given to the employee, the lic is liable to make payment of insurance amount to the ..... under this scheme, the employees instead of paying the premium to the corporation directly just to facilitate the timely payment of premium may authorise the employer to deduct the amount of premium from his salary every month and remit the amount to the corporation which is credited to the policy obtained by the employee himself ..... the employee does not receive salary in any particular month it is the duty of the employer to advance the premium of that master policy to the life insurance corporation of india.9. ..... the assured cannot be penalised for such failure to discharge of liability of the employer and the lic, under both the scheme employee is not being given any separate notice nor is he given any receipt for the premium received ..... it can be said that under both the schemes of the lic employer is authorised by the employee to collect the premium from his salary every month and pay it to the lic as ..... in case of a lapsed policy, corporation has neither contractual nor statutory liability in making payment of insurance amount to the insured. .....

W.A. Guff Vs. Commissioner of Income-tax, Bombay City

Court : Mumbai

Reported in : [1957]31ITR826(Bom)

..... it also seems to us, apart from the authorities, that it is the better view to take of this expression, because if an employee loses his employment which is source of his income any payment made by his employer for that loss should not be looked upon as income liable to tax, as in its very nature the payment is to compensate for or to act as a solatium for the very source which produced the income and in respect of which the employee is liable to tax. 3. ..... we are, therefore, of the opinion that the expression 'compensation for loss of employment' used in explanation 2 to section 7 refers to any payment made, whether under a legal liability or voluntarily, to compensate or act as a solatium for the loss of employment suffered by the employee. 8. ..... in other words, did the legislature merely contemplate the factual loss of employment and any amount paid for that loss, whether that payment was under a legal liability or not as we shall presently point our, the authorities to which our attention has been drawn have given to the expression 'compensation' a wider connotation. ..... arthur foster defines the term 'compensation for loss of office,' which he characterizes as a well-known term, as meaning 'a payment to the holder of an office as compensation for being derived of profits to which as between himself and his employer he would, but for an act of deprivation by his employer or some third party such as the legislature, have been entitled.' 7. .....

K.P. Mushran Vs. B.C. Patil and anr.

Court : Mumbai

Reported in : AIR1952Bom235; (1951)53BOMLR1009; ILR1952Bom995

..... made are not covered by the provisions of section 9, and, therefore, the authority had jurisdiction to decide that, the deduction being unjustifiable, there was a liability upon the employer to pay the full amount of wages, then with regard to the period when the employee was on leave without pay, the authority has held that there was a delay in payment as no wages whatsoever were paid, ..... now, what the authority has held is that the rules which permit the employer to suspend his employee and to pay him a subsistence allowance which is less than his full wages are inconsistent with the provisions of the payment of wages act, and, therefore, the liability of the employer to pay full wages to his employee is unaffected by the rule which gives the employer the power to suspend the employee. ..... therefore, the jurisdiction of the authority really is to determine the terms of the contract in so far as they relate to the payment of wages and is so far as he has to decide the liability of the employer to pay wages under the terms of the contract. ..... now, in the case before the english court of appeal, an oral contract was arrived at between the employer and the employee by which the workman could be temporarily suspended from his employment if he was guilty of misconduct or breach of an order, and the workman who had been suspended for two days without pay sued his employers under the trucks act to recover damages or wages for the two days' suspension. .....

The State Vs. Hathiwala Textile Mills and ors.

Court : Mumbai

Reported in : AIR1957Bom209; (1957)59BOMLR184; 1957CriLJ957; ILR1957Bom358; (1957)IILLJ202Bom

..... section 1(3), but they would show that what the legislature intended was that a worker who began to get the benefits of the provident fund under the provisions of the act should continue to get them even if he left the factory and obtained re-employment in another factory, provided he got the amount of the provident fund standing to: his credit in the old factory transferred to the credit of his account in the provident fund of the other ..... but in giving a benevolent interpretation to the act we must not also overlook the fact that it constitutes a levy or a charge upon the employer and to that extent we must be careful in seeing that the liability of the employer is not increased beyond what parliament clearly intended'.even applying this test, we are not satisfied that! ..... section 12 of the act provides :'no employer in relation to a factory to which any scheme applies shall, by reason only of his liability for the payment of any contribution to the fund or any charges under this act or the scheme, reduce, whether directly or indirectly, the wages of any employee to whom the scheme applies or the total quantum of benefits in the nature of old as pension, gratuity or provident fund to which the employee is entitled under the terms of his employment, express or implied. .....

Employees' State Insurance Corporation Vs. Asian Paints India Ltd. and ...

Court : Mumbai

Reported in : (1981)83BOMLR479; (1982)IILLJ416Bom; 1982MhLJ315

..... the said section comes into operation when the normal procedure prescribed by the act cannot be adhered to because the factory or the establishment concerned has not submitted returns, furnished the particulars nor maintained registers or records as required by law or the inspector or other officer of the corporation is obstructed by the principal or the immediate employer or any other person, in exercising his functions or discharging his duties under ..... judge came to the conclusion that no reasonable opportunity was given to the employer to put forward his case and, therefore, the determination of the liability under s. ..... 45a of the act, and therefore, the determination of the liability by him was abilities void, it ..... of the act for enforcement of the liability determined under ..... are provided for the employees, the initial liability is fastened on the employer to pay the contribution. ..... such an authority is not produced, from the notification produced before us it is quite obvious that only regional director and the assistant regional director are authorised to determine the liability under s. ..... court ultimately make to the conclusion that the power which the corporation is expected to exercise while determining the liability under s. ..... case because in memorandum of appeal various contentions were raised, during the course of arguments the appellant the employees' state insurance corporation has raised following two contentions only, namely - (1) determination of the liability under s. .....