Judgment Search Results Home > Cases Phrase: employers liability act 1938 Sorted by: recent Court: guwahati Page 1 of about 329 results (0.039 seconds)

Nungshiton Begum and ors. Vs. United India Insurance Co. Ltd. and ors.

Court : Guwahati

..... exercise of powers conferred under section 64u of the insurance act, 1938, the government of india constituted a tariff advisory committee. ..... under it, the liability of the insurer is excluded in respect of injury or death, arising out of, in the course of employment of an ..... , on the basis of the aforesaid authority of gauhati high court, the question of liability of insurance company cannot be decided since this question was not addressed in the aforesaid ..... above observations of the hon'ble supreme court, it can be inferred that if the lives of employees can be insured by the employer and any peculiar advantage, received by the dependents of victims, may be subject to deduction. ..... , either under the motor vehicles act or from the employer, the compensation receivable by the claimant is either statutory or through the security of the employer securing for his employee but in both cases he receives the amount without his ..... similarly, one more feeble alibi was taken to avoid the liability by stating that since the requisition of the vehicle was made by the police department the award should be directed against the said ..... event of a loss/damage occurring during the period of such requisition, the insurer shall pay losses/liabilities if any in excess of the ampunt(s) made good by the government.21. ..... the distinguishing features of the case, a new development has also taken place in the matter of fixation of tariffs, liabilities and responsibilities of insurance companies vis-a-vis the insured. .....

Diamond Power Infrastructure Ltd. Vs. Assam Power Distribution Company ...

Court : Guwahati

..... instructions to bidders, the price quoted by any party is to include the sales tax/vat on the works contract, turnover tax or any other similar taxes under the sales tax/vat act for services to be performed, as applicable, and the employer would not bear any liability on this account. ..... the argument advanced is that the petitioner not having opted for the composition scheme notified vide notification dated 31.3.2012 under the assam value added tax act, 2003, as such, the question of deducting 5% vat from the gross value of the total contract was not permissible, rather the issue did not ..... be received by the government of assam from rural electrification corporation limited (rec) and for the purpose of all procurement activities related to the projects, apdcl was to be referred to as employer and the government of assam the owner . ..... das contends that the employer has reserved the right to vary the quantities of any of the spares and/or to delete any items of spares at the ..... the writ petitions have not been filed by a competent officer as per rule 21 of the companies court rules, 1959 read with section 179 of the companies act, 1956 and to this end relies upon the case of nibro ltd. vs. ..... the defect liability period is twelve (12) months from the date of taking over/completion of facilities (or ..... valid initially up to and including 23-04-2018 and shall be extended from time to time until expiry of ninety (90) days beyond the actual completion of warranty/defect liability period. 6.1 .. .....

M/s. Oriental Insurance Co. Ltd., New Delhi Vs. Gita Rani Roy and Anot ...

Court : Guwahati

..... the brief facts involved in this case is that one pradip roy was employed as labourer under the owner adhir chandra das in respect of truck bearing registration no ..... once he comes forward and files a written statement denying his liability but disclosing that deceased was working as a labourer under him at a daily wage of rs ..... insurance company, as appellant, has preferred this appeal under section 30 of the workmen s compensation act, 1923 (hereinafter referred to as the act ) challenging the judgment and award dated 09.08.2005 passed by the commissioner, workmen s compensation, dhubri in w.c ..... the insurance company, on the other hand, in paragraph 8 of the written statement pleaded that deceased was not a workman as defined under the workmen s compensation act and so there was no question of making payment of compensation to the claimant. ..... considering the spirit of the provision of order v rule 8 of the code of civil procedure as well as provision of the section 58 of the evidence act, once a fact is admitted by the opposite party no. ..... an appeal under section 30 of the workmen s compensation act, 1923, can be entertained only if a substantial question of law is made out ..... act, 1923, definitely cannot question the sufficiency of evidence and cannot appreciate evidence to find fault with the award passed by the w.c ..... any finding or any error of law not amounting to substantial question of law cannot be the basis for entertaining an appeal under section 30 of the workmen s compensation act. .....

Pabhojan Tea Estate Vs. The Union of India, Represented by the Secreta ...

Court : Guwahati

..... in our view, it was for the reason that supreme court while interpreting the expression charging or payment of interest occurring in section 9 of central sales tax act has held that section 9 is only a procedural provision notwithstanding use of this expression in section 9 but not a substantive provision and hence, no recovery of interest could be made on the basis ..... the provision relating to interest in the latter part of section 9(2) can be employed by the states sales tax authorities only if the central act makes a substantive provision for the levy and charge of interest on central sales tax and ..... it, therefore, provides the machinery for the assessment of the liability already fixed by the charging section, and then provides the mode for the recovery and collection or tax, including penal provisions meant ..... ordinarily the charging section which fixes the liability is strictly construed but that rule of strict construction is not extended to the machinery provisions which are construed ..... elaborating his submission, learned counsel contended that liability to pay /recover /demand /levy interest arises only when there is a substantive law made by parliament/ ..... the liability to pay additional duty of excise on tea is created for the first time by section 157 ( 1 ) )of the finance act 2003 ..... that when a statute levies a tax it does so by inserting a charging section by which a liability is created or fixed and then proceeds to provide the machinery to make the liability effective. .....

Union of India, Represented by Secy, New Delhi and Another Vs. Musstt, ...

Court : Guwahati

..... the quantum of compensation under the common law, pecuniary advantage, derived by a claimant from every available source, is calculated for the purpose of computing compensation, the tribunal, under the scheme of the mv act, 1988, can assess, in india, only that pecuniary advantage, which the claimant may derive because of the accident and not because of the death as such. ..... the nature of the payment i have held that such ex-gratia payments are broadly within the parameters of section 140 of the mv act, which stipulates payment of interim compensation on the principle of no fault liability, thus deductable from the final amount of compensation. ..... it the liability of the insurer is excluded in respect of injury or death, arising out of and in the course of employment of an ..... in the judgment it has been held that where the employer ensures his employee, as against injury or death arising out of an accident, any amount received out of such insurance is deductable from ..... organization, though not under statutory obligation, is out of humanitarian ground and benevolence and taking the services rendered by the deceased there is social responsibility of the employer to give compassionate appointment being a welfare state. ..... however, where the employer insures his employee, as against injury or death arising out of an accident, any amount retrieved out of such insurance on the happening of such incident may be an amount ..... payment of ex-gratia or some such amount either by employer or the govt. .....

Chabi Bhoralee @ Chabbi Bhoralee Kamrup, Assam Vs. The State of Assam ...

Court : Guwahati

..... account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be ..... due diligence to prevent the commission of such offence: provided further that where a person is nominated as a director of a company by virtue of his holding any office or employment in the central government or state government or a 6 | p a g e financial corporation owned or controlled by the central government or the state government, as the case may be, he shall not be liable ..... was in charge of and responsible for the conduct of business of the company, vicarious liability under section 141 of the act cannot be fastened on the petitioner and therefore, the learned magistrate committed manifest illegality in taking cognizance of the offence under section 138 of the act against the petitioner and as such, the order dated 19.06.2009, so far it relates ..... paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may extend to two year, or with fine which may extend to twice the amount of the cheque, or with both: provided .....

Jyoti Prasad Bora @ Midul Bora Vs. the State of Assam, Represented by ...

Court : Guwahati

..... the law as it stands now, merely because the accident could be partly attributed to these two villagers is not enough to absolve the liability of the board regarding the snapping of the high voltage live wire line, which fell on the deceased resulting in his electrocution to death. ..... rule applies only to non-natural user of the land and it does not apply to things naturally on the land or where the escape is due to an act of god and an act of a stranger or the default of the person injured or where the thing which escapes is present by consent of the person injured or in certain cases where ..... must also deal with one other question which was seriously debated before us and that question is as to what is the measure of liability of an enterprise which is engaged in an hazardous or inherently dangerous industry, if by reason of an accident occurring in such industry ..... programme, this rule evolved in the 19th century at a time when all these developments of science and technology had not taken place cannot afford any guidance in evolving any standard of liability consistent with the constitutional norms and the needs of the present day economy and social structure. ..... cyclist, aged 37 years, while returning home at night from the factory where he was employed, rode over the wire which twitched and snatched him, and he was instantaneously electrocuted. ..... thus, the fact that the illegal act could be attributed to a stranger is not enough to absolve the liability of the board regarding the live .....

New India Assurance Co. Vs. Smt. Nazma Begum and Others

Court : Guwahati

Reported in : 2012AIR(Gau)42

..... it was however, held that it i permissible for the owner/employer to take our such a policy whereunder entire liability in respect of or that personal injury to any such employee, as prescribed in sub-clauses (a), (b) or (c) of proviso (i) to section 147 (1)(b) of the m.v. ..... for this purpose, the owner/employer must take a policy of that particular kind, for which he may be required to pay additional premium and the policy must clear show that the liability of insurance company is case of death or bodily injury to the said kind of employee is not restricted to or provided under the workmen compensation act. ..... d-1, certificate of insurance is n act policy only without covering the entire liability of the insured. ..... the apex court in the aforesaid prembais case (air 2005 sc 2337) (supra) held that the insurance policy taken by the owner of the vehicle having contained a clause that is a policy of act liability only, appellant insurance company would be restricted to that arising under the workmen compensation act. ..... the certificate of insurance is, therefore, an act policy or what is called a policy for act liability. ..... the limit of liability as per the motor vehicles act, 1988 is as mentioned in the said certificate of insurance. ..... to say whether the learned tribunal erred in law in passing the impugned order inasmuch as the contractual liability of the appellant is only to the extent as provided under workmens compensation act,1923. 9. .....

R.S. Sodhi and anr. and Vs. Partha Pratim Saikia

Court : Guwahati

Reported in : [2009]151CompCas583(Gauhati)

..... carrying on a trading or other speculation for profit, such as, forming a railway, these objects can only be accomplished by the agency of individuals; and there can be no doubt that if the agents employed conduct themselves fraudulently, so that if they had been acting for private employers, the persons, for whom they were acting, would have been affected by their fraud, the same principles must prevail, where the principal, under whom the ..... without having brought on record the natural person(s), whose state(s) of mind is (are) attributable to the 'company' inasmuch as a company's prosecution in respect of an offence, requiring mens rea as its ingredient, is, in essence, nothing but vicarious liability of the 'company' for the acts of omissions or commissions of such a natural person, who has been the 'alter ego' of the 'company' or the 'controlling mind and will of the company ..... the growth of industrialisation and with the expansion of corporate activities, the courts, world over, started extending the concept of criminal liability to the corporate bodies in respect of some offences, such as, public nuisance and such other offence(s), which do not really ..... . what emerges from the above discussion is that though, at the initial stage of the development of law in the field of corporate criminal liability, the views of the courts had been that it is only natural person, who can have criminal state of mind and that a juristic person, such as, a corporate body, not being a natural .....

The Secretary to the Govt. of Tripura, Dept. of Food and Civil Supplie ...

Court : Guwahati

Reported in : 2009CriLJ4757

..... 1 shows that with an ulterior motive the defendants proceeded against the plain-tiff.the defendants adduced no evidence to show that they acted bona fide and the actions were taken for enforcement of law on good faith and to ensure compliance of control order.as per ..... first see what is a malicious prosecution.generally a malicious prosecution is a tort, the liability of which consists in improperly instituting unsuccessful criminal proceedings for an improper purpose and without reasonable ..... not concerned with the motive of the defendant but only whether he acted intentionally, with knowledge of what he was doing, for the absence of a probable and reasonable cause is not by itself sufficient evidence of malice.malice in law is an act done wrongly and without reasonable and probable cause, or conduct borne by a motive other than a sense of duty or interest; malice in law is generally accepted as an ingredient of several different kinds of liability.23. ..... held that even the concerned employee cannot suffer because of the administrative lapses and also that because of the administrative lapses the concerned employe could not be victimized. ..... his land is held to be unreasonable, liability for nuisance can follow. ..... malicious prosecution is a part of law of torts in india; and in such suit the question is not whether the plaintiff was ultimately found guilty but the question is whether the prosecutor acted honestly and believed that the plaintiff was guilty. ..... said this (1938) 1 all ..... (1938) .....