Court : Punjab and Haryana
Reported in : AIR1983P& H94; [1984]56CompCas236(P& H)
..... on the principle of, as the expression is 'laying by for a rainy day' ...............it is true that there must be the element of accident in order to the entitle him to the money; but it is under and by reason of his contract with the insurance company, that he gets the amount; and i think it ought not, upon any principle of justice, to be deducted from the amount of the damages proved to have been sustained by him throughout the negligence of the defendants. ..... 'sub-section (2) of the said act define benefit in wide ranging terms including thereunder any benefit derived under the national insurance act and payment by a friendly society or trade union ..... it is manifest from the plain language of the aforesaid provisions that the whole thrust of this legislative amendment was to create an altogether new forum for claims arising out of the automobile accidents whether fatal or otherwise an to liberate such tribunals from the procedural shackles of the civil courts and further widen the award of ..... substantial changes have been subsequently made in england by legislative amendments in the aforesaid act as also in complementary legislation.7. ..... the absence of any subsequent amendment in indian fatal accidents ac is, therefore, in no way ..... suri on behalf of the respondents that these considerations would be irrelevant in the absence of a specific amendment in the indian fatal accidents act. ..... therefore no legislative amendment, as had become necessary in england, was called for here in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1999)156CTR(P& H)185
..... 1975-76, 1976-77, 1977-78 and 1978-79, respectively, on expenditure incurred by it on ocean freight and insurance in connection with the supply of goods outside india in which the assessee dealt against contracts.2. ..... the question relating to deduction under section 35b of the income tax act, 1961 (for short, the act) is in respect of the expenditure incurred by the assessee on ocean freight and insurance. ..... since there is a specific bar in the said sub-clause, the expenditure incurred on ocean freight and insurance is held to be not eligible for deduction under section 35b(1) of the act. ..... 35b(1) specifically creates a bar against deduction of any expenditure incurred by an assessee on the carriage of goods to their destination outside india or on the insurance of such goods while in transit. ..... by retrospective amendment, such income has been made exigible to tax. ..... 28(iiia) of the act as inserted by the finance act, 1990, with effect from 1st april, 1962. ..... 35b(1) of the act.sub-cl. ..... 2,89,625 under section 35b(1)(b)(viii) of the income tax act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H174
..... it was only on consideration of clause (2) of rule 35 that the learned trial judge found that the packings did not conform to the requirements of that clause, but i have shown that that clause has no application to inland insured postal articles, which are dealt with in a separate part with complete rules relating to them including rule as regards the manner of packing. ..... condition of the parcels outwardly was showing no signs of damage and there was no justification for the plaintiff-firm to refuse to take delivery, that there is no liability of the defendant in view of section 6 of the indian post office act, 1898, and clauses 39 and 81 (2) of the post and telegraph guide, and that the amount of damage claimed is not exactly what has been suffered by the plaintiff-firm. 3. ..... in consideration of clause (e) of rule 81, a rule like rule 35 cannot be picked up from another part of the rules not connected with rules on insurance of postal articles and then used to show that there is no liability under clause (e) of rule 81. ..... the delivery was taken by the plaintiff-firm and in view of the bottles and attar received by it and in view of the condition of the same, the plaintiff-firm revalued the loss it had suffered and put in an amended plaint, according to which the claim of the plaintiff-firm has been reduced to rs. ..... the details of the parcels are given in the amended plaint at page 6 of the printed paper-book. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)149PLR755
..... : superannuation pension shall be granted to an employee who has retired on his attaining the age specified in paragraph 12 of general insurance (rationalisation and revision of pay scales and other conditions of service of supervisory, clerical and subordinate staff) scheme, 1974 and in paragraph 4 of general insurance (termination, superannuation and retirement of officers and development staff) scheme, 1976.30. ..... respondent is a subsidiary company of the general insurance of corporation of india formed by the central government for the purposes of superintending, controlling and carrying on the business of insurance under section 9 of the general insurance business (nationalisation) act, 1972 (for short 'the act').4. ..... guidelines were issued by the other two companies however, while issuing the said guidelines, the said company incorporated another clause in the matters of payment of pension payable under the general insurance (employees) pension scheme, 1995 (hereinafter referred to as 'the pension scheme'). ..... all permanent/full time employees of all the insurance companies were eligible to seek voluntary retirement provided they have attained the age of 40 years and completed 10 years of qualifying service as on the date ..... clause reads as under:6(1)(c) pension (including commuted value of pension) as per general insurance (employees') pension scheme, 1995, if eligible. ..... said scheme can be amended or varied only by the central government in terms of the provisions of the act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)134PLR410
..... even otherwise, a perusal of the instructions clearly shows that the compensation is intended to provide an additional insurance and security to the employees who are required to function under trying circumstances and are exposed to different kinds of risk in the performance of their duties ..... learned counsel for the petitioner has submitted that the order dated 28.08.2002, annexure p-6, is unsustainable as it is clearly contrary to the decision of the union of india contained in the letter dated 22.09.1998 annexure p-7 ..... the compensation is intended to provide an additional insurance and security to employees who are required to function under trying circumstances and are exposed to different kinds of risks in the performance of their ..... the compensation is intended to provide an additional insurance and security to employees who are required to function under trying circumstances and are exposed to different kinds of risks in the performance of their duties'. ..... the petitioner is clearly entitled to the benefit of ex-gratia lump sum compensation on the basis of paragraph (a) of the letter dated 7.2.9.1998 as amended vide government of india letter no. ..... in the performance of their bona fide official duties shall be paid the following ex-gratia lump sum compensation:- '(a)death occurring due to accidents in the course ofperformance ofduties.rs.5.00 lakhs(b)death occurring in the course of performance of dutiesattributable to acts of violence by terrorists, anti-social elements, etc.rs. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H44
..... .; sub-section (1) of section 39 of the insurance act, 1938, says that:'the holder of a policy of life insurance on his own life, may when effecting the policy or at anytime before the policy matures for payment, nominate the person or persons to whom the money secured by the policy shall be paid in the ..... . kapur, the learned counsel for jodh singh, has argued that an analogous provision in the life insurance act has been construed in the way which is in consonance with the view that a nominee merely collects the money for distribution between the ..... . section 5 deals with the rights of nominees and its principle features under the amending act of 1946 are:(i) notwithstanding anything contained in any law for the time being in force or in any disposition, whether testamentary or otherwise , by a subscriber to, or depositor in, a government or railway provident fund of the sum standing to his credit in the ..... air 1947 cal 176, where the legal representatives of a nominee were preferred over the heirs cannot be regarded as good law now in view of the amendment which had been introduced in the act in 1946 ..... . it would further be noted that by the amendment it is said that if the nominee predeceases the subscriber or depositor the nomination shall, so far as it relates to the right conferred upon the said nominee become void and ..... however, be mentioned that two of the principal planks on which this reasoning is based have been removed by the amendments introduced in the provident funds act .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1999)IILLJ84P& H; (1998)120PLR212
..... the life insurance corporation of india and others, (1969-ii-llj-711) (sc) it was said that the labour court is not a court within the indian limitation act, 1963. ..... it was contended on behalf of the petitioner-appellant municipal corporation that section 15(2) of the payment of wages act, 1936 prescribes that the workman can make the claim within one year of the date on which the wages are denied to ..... parliament had amended the provisions of section 33c(1) in the year 1965 vide act no. ..... parliament had not made any provision in this behalf in spite of the fact that such a provision had also been prescribed by an amendment of the provisions of section 33c(2). ..... bhiva and others, (1963-ii-llj-608) (sc) it was held that the limitation under the payment of wages act cannot be introduced in case of a petition under section 33c(2). ..... relying on the provisions of section 15(2) of the payment of wages act, 1936, it has been urged by the counsel that the workmen were debarred from making the claim in view of the fact that the period of limitation had already ..... is undoubtedly correct that by virtue of this provision in the limitation act, an application for which no period of limitation is provided ...... ..... , it was contended that section 33c(2) of the industrial disputes act, does not prescribe any period of limitation. ..... of the employer, an attempt was made to contend that even if the provisions of payment of wages act are held to be inapplicable, article 137 of the limitation act would be applicable. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2008ACJ2303; (2007)146PLR579
..... 40,000/- per annum, the tribunal was not justified in treating the petitions to be petitions under section 163a of the act and awarding compensation without going into the question of negligence.in view of the division bench judgment of this court it has to be held that the persons whose annual income is more than ..... petitioner herein had filed a claim petition under section 163a of the motor vehicles act, 1988 (for short the act) seeking compensation for the injuries suffered by him in a motor vehicular accident. ..... contention of the learned counsel for the respondents was that the provisions of section 163a of the act are distinct and for the specified class of citizens whose annual income is rs. ..... 40,000/-therefore, he could not be held to be covered under the provisions of section 163a of the act and therefore, it was not open to him to scale down the income and accordingly, dismissed the application for amendment.7. ms. ..... 40,000/- will not be entitled to invoke the provisions of section 163a of the act as the same is a beneficial piece of legislation meant for a specified class of ..... of 2005 titled as new india insurance company limited v. ..... the national insurance company limited as well as respondents no ..... has been pleased to lay down as under:where during the course of proceedings before the tribunal a prayer was made that the petitions be treated as petitions under section 163a of the act by restricting the income of the deceased/injured to less than rs. ..... united insurance company .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1996]222ITR720(P& H)
..... sub-section, every person to whom a notice is issued under this sub-section, shall be bound to comply with such notice, and, in particular, where any such notice is issued to a post office, banking company or an insurer, it shall not be necessary for any pass book, deposit receipt, policy or any other document to be produced for the purpose of any entry, endorsement or the like being made before payment is made, notwithstanding any rule ..... tax recovery officer to the extent of his own liability to the assessee on the date of the notice or to the extent of the assessee's liability for any sum due under this act, whichever is less, (vii) the assessing officer or tax recovery officer may, at any time or from time to time, amend or revoke any notice issued under this sub-section or extend the time for making any payment in pursuance of such notice. ..... since, transholding private limited had failed to deposit the said amount in pursuance of notice under section 226(3) of the act issued to the said company, the impugned notice, annexure 'p-1', has been issued to the petitioner-company on the ground that it is a sister ..... it has been averred that the notice, annexure 'p-l', issued under section 226(3) of the act is illegal, unjustified, without jurisdiction and against the provisions of the act, having been issued without notice to the petitioner and, therefore, liable to be quashed ; that the assessing officer or the tax recovery officer can issue notice to a person from whom money is due to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)151PLR481
..... that this three visits in three years to a family doctor would not reveal any serious disease suffered by the insured and the ailment, if any, even for bronchitis, would be a casual infection, which was curable with routine ..... by the petitioner company could not detect or notice the defect, which is being held against the insured, certainly the insurance company cannot be allowed to take advantage of these false, frivolous and unreasonable pleas. ..... revealed that investigator was appointed by the petitioner-company, who has reported that the insured person was known case of bronchitis and had been undergoing treatment for this ailment for ..... very recently has advocated simplification of these clauses, which should be made clear to the proposed insurer for him to decide if he would wish to buy such policies in terms of those conditions ..... was seriously disputed by the respondent-father, who maintained that insured never suffered from any ailment and the report given by the ..... it is then mentioned that while obtaining the policy, the insured had replied in the negative to a question whether he remained on diet or on any medicine prescribed by any doctor or ever consulted any doctor or had sought advice asthma, chronic cough, ..... the validity of section 22(c)(8) of the legal services authorities act, 1987, whereby chapter iv-a has been inserted, was challenged before the hon'ble supreme court, but the constitutional validity thereof was upheld vide an order 28.10.2002 in a writ petition (civil) no. .....
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