Court : Chennai
Reported in : [1974]97ITR546(Mad)
..... life insurance corporation was established with effect from september 1, 1956, and all the assets and ..... ?'2. the assessee is a public limited company carrying on business in insurance. the accounting period adopted is the calendar year. prior to the year 1956, the assessee was a composite insurance company carrying on business both in life and general insurance. with effect from january 19, 1956, the management of the life insurance or controlled business, on nationalisation vested in the government who acted through a custodian. the .....
Tag this Judgment!Court : Chennai
..... to be provided for. the power to make regulations covering all matters of management was also vested in appropriate authorities. it is plain and beyond dispute that so far as nationalisation of insurance business is concerned, the lic act is a special legislation, but equally indubitably, is the inference, from a bare perusal of the subject, scheme and sections and understanding of the ..... does not speak at all with specific reference to workmen. on the other hand, its powers relate to the general aspects of nationalisation, of management when private businesses are nationalised and a plurality of problems which, incidentally, involve transfer of service of existing employees of insurers. the workmen qua workmen and industrial disputes between workmen and the employer as such, are beyond the orbit of .....
Tag this Judgment!Court : Chennai
..... to be provided for. the power to make regulations covering all matters of management was also vested in appropriate authorities. it is plain and beyond dispute that so far as nationalisation of insurance business is concerned, the lic act is a special legislation, but equally indubitably, is the inference, from a bare perusal of the subject, scheme and sections and understanding of the ..... does not speak at all with specific reference to workmen. on the other hand, its powers relate to the general aspects of nationalisation, of management when private businesses are nationalised and a plurality of problems which, incidentally, involve transfer of service of existing employees of insurers. the workmen qua workmen and industrial disputes between workmen and the employer as such, are beyond the orbit of .....
Tag this Judgment!Court : Chennai
Reported in : (2008)1MLJ270; 2007(5)CTC392
..... does not speak at all with specific reference to workmen. on the other hand, its powers relate to the general aspects of nationalisation, of management when private businesses are nationalised and a plurality of problems which, incidentally, involve transfer of service of existing employees of insurers. the workmen qua workmen and industrial disputes between workmen and the employer as such are beyond the orbit of ..... -over legislation, provides for recruitment, transfers, promotions and the like. it is special vis-a-vis nationalisation of life insurance but general regarding contracts of employment or acquiring office buildings. emergency measures are special, for sure. regular nationalisation statutes are general even if they incidentally refer to conditions of service.(emphasis added)21. a reading of the above paragraphs goes to show that a statute .....
Tag this Judgment!Court : Chennai
Reported in : (1991)ILLJ260Mad; (1991)IIMLJ496
..... to be provided for. the power to make regulations covering all matters of management was also vested in appropriate authorities. it is plain and beyond dispute that so far as nationalisation of insurance business is concerned, the l.i.c. act is a special legislation but equally indubitably, is the inference, from a bare perusal of the subject, scheme and sections and understanding ..... does not speak at all with specific reference to workmen. on the other hand, its powers relate to the general aspects of nationalisation of management when private businesses are nationalised and a plurality of problems which, incidentally, involve transfer of service of existing employees of insurers. the workmen qua workmen and industrial disputes between workmen and the employer as such, are beyond the orbit of .....
Tag this Judgment!Court : Chennai
Reported in : 2009ACJ2218; (2009)2MLJ293
..... compensation(1) death.... rs. 15,000.00 (2)...... ... ... ... the counsel for the appellant produced before the gujarat high court a communication issued by the tariff advisory committee to the insurers carrying on general insurance business in the bombay region, which is in the following terms:tariff advisory committee bombay regional committeecircular m.v. no. 1 of 1978 bombay, 17th march, 1978insurance company's liability ..... . the situation came to be altered by virtue of the decision in pushpabai's case, air 1977 sc 1735, rendered on 25th march, 1977. the insurance business having been nationalised it is but reasonable to expect the insurers not to take advantage of the altered situation and to continue to discharge their obligation as hitherto. no doubt, the aforesaid instructions cannot be enforced in .....
Tag this Judgment!Court : Chennai
..... ... ... ... ... ... ... the counsel for the appellant produced before the gujarat high court a communication issued by the tariff advisory committee to the insurers carrying on general insurance business in the bombay region, which is in the following terms: tariff advisory committee bombay regional committee circular m.v. no. 1 of 1978 bombay, 17th march, ..... by virtue of the decision in pushpabai's case, air 197.sc 1735.rendered on 25th march, 1977. the insurance business having been nationalised it is but reasonable to expect the insurers not to take advantage of the altered situation and to continue to discharge their obligation as hitherto. no doubt, ..... high court rightly concluded that this would negatively establish that the nationalised insurance companies did not enter into special contract of insurance to cover occupants/passengers and that the comprehensive policy covers all the risks and liabilities to which the insured is liable. the delhi high court also held that the 1978 .....
Tag this Judgment!Court : Chennai
Reported in : (1996)ILLJ763Mad
..... employers and the l.i.c. act, like the electricity (supply) act, 1948, is a general statute which is silent on workmen's disputes, even though it may be a special legislation regulating the take-over of private insurance business. 53. a plausible submission was made by the appellants, which was repelled by the high court ..... all with specific reference to workmen. on the other hand, its powers relate to the general aspects of nationalisation of management when private business are nationalised and a plurality of problems which, incidentally involve transfer of service of existing employees of insurers. the workmen quo workman and industrial disputes between workmen and the employer as such, are ..... as between the workmen and the corporation of the i.d. act is a special legislation and the l.i.c. act is a general legislation. likewise, when compensation on nationalisation is the question, the l.i.c. act is the special statutes. an application of the generalia maxim as expounded by english text- .....
Tag this Judgment!Court : Chennai
Reported in : (2008)1MLJ21
..... does not speak at all with specific reference to workmen. on the other hand, its powers relate to the general aspects of nationalisation, of management when private businesses are nationalised and a plurality of problems which, incidentally, involve transfer of service of existing employees of insurers. the workmen qua workmen and industrial disputes between workmen and the employer as such, are beyond the orbit of ..... 'industrial disputes' at the termination of the settlement as between the workmen and the corporation, the id act is a special legislation and the lic act a general legislation. likewise, when compensation on nationalisation is the question, the lic act is the special statute. an application of the generalia maxim as expounded by english textbooks and decisions leaves us in no doubt .....
Tag this Judgment!Court : Chennai
Reported in : [1998]91CompCas385(Mad)
..... hereunder : 3. the first plaintiff is the nationalised banking institution which provided every financial assistance to the second plaintiff, a registered partnership firm carrying on the business of running a boat engaged in fishing in the sea. the defendant, incorporated under the general insurance act, is an insurance company in which, both the plaintiffs have taken an insurance policy for the fishing boat of the second ..... suit mechanised fishing boat sealark-i had sunk, which resulted in the total loss. 27. he also spoke about the formation of the partnership business of the second plaintiff and its business transaction with the first plaintiff, the insurance policy cover taken from the defendant by both the plaintiffs under exhibit 'p-2' and the renewal under exhibit 'p-3' and the total .....
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