Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 amending act 1 insurance amendment act 2002 Court: punjab and haryana Page 1 of about 525 results (0.142 seconds)

icici Prudential Life Insurance Company Ltd. and Another Vs. Icici Pru ...

Court : Punjab and Haryana

..... section 45 of the insurance act, 1938 was pressed into service which allows an insurance company to call off a policy of life insurance of the kind in question on the ground of concealment of material facts within two years from the date of which it ..... writ petition no.8622 of 2013 -1- in the high court of punjab and haryana at chandigarh civil writ petition no.8622 of 2013 date of decision:25.04.2013 icici prudential life insurance company ltd.and another .....petitioner versus the permanent lok adalat and others .....respondents coram:- hon'ble mr.justice rajiv narain raina present: mr.gagneshwar walia, advocate for the ..... underwent medical examination on 20.7.2009 and in the investigation carried out by the petitioner-company revealed that there was impersonation by the life assured with intent to cheat and defraud the insurance company; the company reserves its rights to ensure initiating appropriate proceedings in this regard as may be advised. ..... stand of the petitioner-company can be summed up as reflected in para 3 of its reply which is quoted: the assured is thus under a solemn obligation to make full disclosure of material facts which may be relevant for the insurer to take into account while deciding whether the proposal should be accepted. ..... no.8622 of 2013 -3- the claim having been repudiated respondent/daljit kaur- widow of the deceased life assured instituted an application under section 22-c of the legal services authorities (amendment) act, 2002, (for short the act . .....

The Jupiter General Insurance Co. Ltd. Vs. Rajagopalan and anr.

Court : Punjab and Haryana

Reported in : AIR1952P& H9

..... 1 gave notice under section 52a of the indian insurance act, 1938, hereinafter referred to as the act, to the jupiter general insurance company, limited, bombay, the empire of india life ..... the controller exercises administrative functions within the first part of section 52a(1) of the act; ..... now, the validity of the impugnedlegislation which was enacted by the insurance(amendment) act, 1950, and which receivedthe assent of the president on the 20th of may,1950, may be challenged on the followinggrounds:(i) that the legislation was not competentto enact the impugned legislation; and (ii) ..... the legislature was competent to enact sections 52a to 52g of the act, which were added by the insurance (amendment) act, 1950; (c) that the companies cannot raise the question that sections 52a to 52g of the act take away or abridge the rights conferred by article 19(1) (f) and (g), constitution of india; (d) that the restrictions imposed by sections 52a to 52g of the act on the right of management of the business of an insurer are reasonable and in the interests of the general public; (e) that .....

Lakshmi Insurance Co. Ltd. Vs. Bibi Padma Wati

Court : Punjab and Haryana

Reported in : AIR1961P& H253

..... similarly, life insurances effected after the coming into force of the insurance act, 1938 where two years as from the date on which the policy was effected had expired, are also excluded from the purview of section 45. ..... herein contained and hereby agree that the said proposal and my said statement before the medical examiner and the statement made in this application for revival shall form the basis of the contract of insurance and further agree that the policy shall not be revived until i have received the revival receipt of the company and that if any of the statements or representations contained herein shall prove to be incomplete or untrue then ..... -holder and that the policy-holder knew at the time of making it that the statement was false (or that it suppressed facts which it was material to disclose); (provided that nothing in this section shall prevent the insurer from calling for proof of age at any time if he is entitled to do so, and no policy shall he deemed to be called in question merely because the terms of the policy are adjusted on subsequent proof that the age of the life ..... this provision, as amended by the insurance amendment act, 1941, now runs as under: '45. ..... in the result, the appeal is partly allowed, and the decree passed by the trial court is amended to the extent, that the defendant-appellant, and now the life insurance corporation of india, is ordered to pay to the plaintiff the sum of rs. .....

Employees' State Insurance Corporation, Chandigarh Vs. Dalmia Dadri Ce ...

Court : Punjab and Haryana

Reported in : AIR1972P& H414

..... this appeal has been directed under section 82(2) of the employees' state insurance act (hereinafter called the act) against the order dated may 7, 1968, of the employees' insurance court, bhiwani, whereby the said court dismissed the application, moved by the appellant under section 66 read with section 75(2)(c) of the act for recovery of rs. ..... it was inter alia pleaded that the application was bad on account of misjoinder of parties and was not cognizable by the employees' state insurance court and was not maintainable, since section 66 and section 75(2)(c) of the act had been repealed by the amending act before the appellant moved the application. ..... x x x x x'.clause (c) of sub-section (2) of section 75 of the act, which now stands repealed, by clause (ii) of section 32 of the amending act, reads as under:--'75 (1) x x x x (2) the following claims shall be decided by the employees' insurance court, namely:-- x x x x x (c) claims under section 66 or 67 made by the corporation against the employer or other person liable thereunder; x x x x x' 8. ..... 1) by way of reimbursement, on the short ground that it (the application) was not maintainable since section 66 of the act had been repealed by the employees' state insurance (amendment) act no. .....

Sukhdip Singh (Minor) Vs. Life Insurance Corporation of India

Court : Punjab and Haryana

Reported in : (1997)115PLR708

..... of india manual for policy servicing department part-i which reads as under;'8.4 where the nominee or an assignee is a minor :- where the nominee is a minor, as provided by the insurance amendment act, 1950, the life assured has the right to appoint any person as the appointee to receive the policy money secured by the policy in the event of the assured's death during the minority of the nominee. ..... the claimant was advised to obtain extended guardianship certificate so as to enable the guardian to withdraw the amount of insurance or produce succession certificate to disburse the amount failing which the insurance amount was payable to all the legal heirs.3. ..... the said directions have been sought for the reason that the father of petitioner late shri darshan singh had got life insurance policy in his name and nominated the petitioner as his nominee. ..... on notice of motion, the respondents have filed written statement in which it has admitted that shri darshan singh, father of the petitioner, had insured himself for rs. ..... the insured died on 12.3.1994 and the claim should have been settled within one year thereof. .....

Swastika Woollens Vs. Presiding Officer, Employees Provident Fund Appe ...

Court : Punjab and Haryana

Reported in : (2003)ILLJ241P& H

..... section 77(1)(b) of the principal act has been amended and five years have been prescribed as period of limitation for recovery of contributions (including interest and damages) by the employees state insurance corporation, but no such amendment has been made in section 14-b of the act (19 of 1952) incorporating the ..... , we deem it appropriate to mention that the intention of the legislature not to prescribe any period of limitation for initiation of action under section 14-b of the act is clearly discernible from the fact that by the employees state insurance amendment act no.29 of 1989. ..... para 9 created the family pension fund and provides that from and out of the contributions payable by the employer and employee in each month under section 6 of the act a part of the contribution, representing 1-1/6% if the employees pay along with an equivalent amount of 1-1/6% from out of the employer's contribution, shall be remitted by ..... they have referred to the averments contained in the replies filed to the notices issued by respondent no.2 for levy of damages under section 14b of the act and have averred that the impugned orders may be declared illegal and quashed because there could be no justification to take action for imposition of damages after ..... the parliament amended the act by act no.16 of 1971 and added section 6-a to the act for the ..... incorporate the period of limitation in section 14-b, nothing prevented it from inserting appropriate provision to this effect by amending the act (?? .....

National Insurance Company Limited Vs. Puja Roller Flour Mills (Pvt.) ...

Court : Punjab and Haryana

Reported in : II(1997)ACC120; 1997ACJ698; (1997)116PLR199

..... as far as the policy in dispute is concerned, that being the position, now the amending act would apply to the case in hand and the motor accident claims tribunal rightly fixed the liability of the insurance company alongwith this for the entire amount of rs. ..... under the amending act, four months' period was allowed to the insurance company to opt to be governed by old provisions or the new provisions of the act. ..... section 147 of the amending act makes the liability of the insurance company unlimited. ..... for ascertaining the extent of liability of the insurer is the date of the accrual of the cause of action for a certain claim arising out of an accident, which in general would be the date of the accident and so in respect of a claim arising out of an accident on 2.3.70 the extent to the pecuniary limit of liability of the insurer is to be determined on the basis of the provisions of section 95, as at that date and in the instant case the higher limit provided by section 95 as amended with effect from 2.3.70 is attracted.'9. ..... the proviso to sub-section (2) of section 147 of the new act reads as follows;-'provided that any policy of insurance issued with any limited liability and in force immediately before the commencement of this act, shall continue to be effective for a period of four months, after such commencement or till the date of expiry of such policy whichever is earlier.'5. .....

Employees' State Insurance Corporation and Anr. Vs. Enkay (India) Rubb ...

Court : Punjab and Haryana

Reported in : (1998)IIILLJ172P& H; (1997)115PLR583

..... 1985(1) indian law reporter (punjab and haryana), 94, this high court has held that 'a reading of section 2(9) of the employees' state insurance act, 1948 as amended by act 44 of 1966 (w.e.f. ..... dated march 26, 1973 section 173(e) provides--in exercise of the powers conferred by section 73-i of the employees' state insurance act, 1948 (34 of 1948) the central government hereby directs that the provisions of chapter v-a of the said act shall cease to have effect on and from july 1, 1973. ..... employees state insurance corporation has filed this appeal under section 82 of the employees' state insurance act, 1948 (in short, the act) against the impugned judgment dated december 28, 1978, whereby petitioner-respondent's petition filed under section 75 of the act was allowed.2 ..... 1967-ii-llj-40) compared the provisions of the factories act,1948, section 2(1) and section 2(9)(i) of the act and observed that 'the definition of an employee in the employees' state insurance act is wider than that of a worker in the factories act. ..... the object of the employees' state insurance act is to secure sickness, maternity, disablement and medical dependents' benefits to their ..... insurance court was in error in applying the provisions of thelimitation act to an application under the employees' state insurance act. ..... further held that 'all workers of the disputed categories, whether they work in the factory or elsewhere, are employees within the meaning of section 2(9)(i) of the employees' state insurance act, 1948. .....

National Insurance Company Ltd. Vs. Rani Rai Bajaj and ors.

Court : Punjab and Haryana

Reported in : AIR1973P& H104

..... a court in the state of jammu and kashmir or in a reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the code of civil procedure, 1908, conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the insurance act, 1938, and whether or not he is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent specified in sub section ..... by amending act 56 of 1969 (hereinafter referred to as 'the amending act') the tribunal has further been given powers to specify the amount payable by owner and driver of the vehicle involved in the accident in addition to that of the insurer, or, all, or, any of them, as the case may be. ..... in view of the provisions of the unamended act and the amended act, one thing is clear, that the liability of the insurance company is to be fixed by the tribunal. .....

icici Lombard General Insurance Company Ltd Vs. State of Haryana and O ...

Court : Punjab and Haryana

..... he further refers to section 64 um of the insurance act, 1938 and states that the award passed by the learned tribunal is not maintainable in view of the ..... section to act as a surveyor or loss assessor (hereafter referred to as "approved surveyor or loss assessor"): provided that nothing in this sub-section shall be deemed to ..... - (1), (a) save as otherwise provided in this section, no person shall act as a surveyor or loss assess or in respect of general insurance business after the expiry of a period of one year from the commencement of the insurance (amendment) act, 1968, unless he holds a valid licence issued to him by the ..... occurred in india and requiring to be paid or settled in india equal to or exceeding twenty thousand rupees in value on any policy of insurance, arising or intimated to an insurer at any time after the expiry of a period of one year from the commencement of the insurance (amendment) act, 1968 (62 of 1968), shall, unless otherwise directed by the controller, be admitted for payment or settled by the insurer unless he has obtained a report, on the loss that has occurred from a person who holds a licence issued under this .....