Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 amending act 1 insurance amendment act 2002 Court: punjab and haryana Page 3 of about 525 results (0.121 seconds)

Jarnail Singh Vs. Union Territory of Chandigarh and anr.

Court : Punjab and Haryana

Reported in : 1971CriLJ781

..... the appointed day, and if it fails to do so, then the law existing before the appointed day will continue to remain in force in the whole of the territory of the erstwhile state of punjab until the same is altered, repealed, or amended by a competent legislature or other competent authority.so it is clear that after the expiry of two years from the appointed day, what is put to an end is not the application of the existing law to the territory in question, but the ..... to this argument, the reply of the appellant was that after the constitution (seventh amendment) act, which removed the description 'part c states' from the constitution and introduced the expression 'union territories' the present entry 80 of the union list (corresponding to entry 39 of the federal legislative list of the government of india act 1935) cannot be read as enabling the power to be exercised in respect of a police force belonging to the union territory such as delhi. ..... by the superintendent of police, special police establishment, new delhi and investigation was entrusted to an inspector under the superintendent of police and the investigation was to be made in the state of maharashtra and the appellant, management of advance insurance co ltd. ..... the matter is not res integra; in fact, this point as to whether union territory is a 'state' or not came up for consideration before their lordships of the supreme court in a case reported as the management of advance insurance co, ltd., v. .....

Chanan Singh Vs. Tara Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1980P& H267

..... this being a matter of procedure, it was rightly held in the abovementioned judgment and in unique motor and general insurance company's case (supra) that if the tribunal had the jurisdiction to adjudicate the claims of compensation regarding damage to property at the time of the decision, it as within its jurisdiction to do so though that the time the claim ..... adjudication and where a reference is so made, the claims tribunal shall have no jurisdiction to entertain any question relating to such claim.the words 'or damages to any property of a third party so arising or both' were added by the amending act 56 of 1969 with effect from mar. ..... accident had admittedly taken place much before the amendment under section 110(1) of the act. ..... air 1962 punj 307) was reversed by a division bench of this court in unique motor and general insurance co. ..... motor accident claims tribunal has rightly placed reliance on a division bench decision of this court in unique motor and general insurance co. ..... on a division bench judgment of this court in unique motor and general insurance co. ..... bench came to the conclusion that as the accident had taken place before the amendment of s. ..... 1978-80 pun lr 558 according to which, the tribunal was within its jurisdiction to allow compensation as regards the damage to the property even in those cases where the accident had taken place before the amendment of s. ..... same was not maintainable before the tribunal under section 110 of the act as in force at the time of the accident. .....

Jit Singh and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : (1996)113PLR164

..... in accordance with the prescribed principles; and(ii) all members of the legislative assembly of the state representing constituencies comprising wholly or partly the municipal area.section 13:duration of municipalities :- (1) every municipality save as otherwise provided in this act, shall continue for five years from the date appointed for its first meeting and no longer.explanation:- in this section 'first meeting' means the meeting of the newly constituted municipality held for the ..... percentage of employment in non-agricultural activities, the economic importance or such other factors, as it may deem fit, specify, by notification in the official gazette, any area to be a transitional area or a smaller urban area for the purposes of this act:provided that no military cantonment or any part thereof shall be included in such transitional area or a small urban area :provided further such an urban area or part thereof, as the state government may, having regard to the size ..... in exercise of the powers vested in it, the punjab legislative assembly enacted the punjab municipal (amendment) act of 1994 and thereby drastically amended various provisions of act of 1911, section 3(8b) of the act defines 'municipal council', section 3(8c) defines 'municipal area' and section 3(9b) defines the-term 'newly constituted committee'. ..... divisional manager, life insurance corporation, machilipatnam, j.t. .....

Tek Chand Behal and anr. Vs. Khem Chand and ors.

Court : Punjab and Haryana

Reported in : 2008ACJ421

..... after commencement of the 1988 act, which prompted their lordships to come to the conclusion that the appeal would also be filed under the 1988 act, but in padma srinivasan's case (supra), the situation was different as in that case, the claim petition was preferred under the 1939 act, but the award was passed after the liability of the insurer was enhanced by virtue of the amending act of 1969 whereby a limited amendment was carried out qua the ..... with in:(i) the cases where claim petitions are preferred under the new act (1988 act) regardless of the date of the accident, which may under the 1939 act; (ii) the provisions of section 173(1) would also apply to cases where accident and award are prior to the coming in to force of the 1988 act, but appeal is filed under the said act; and (iii) the amended act would not apply to cases where appeals have been preferred under ..... piece of legislation intended to benefit the victims of road accidents and the purpose behind the introduction of section 173 of the 1988 act making the deposit of rs.25000/-or 50% of the awarded amount, a [pre-requisite to the filing of the appeal by the insurer or the owner and the disbursing of the same to the claimants as an interim measure, shows that the intention is to afford immediate and instant relief to the aggrieved party to help it to tide over the immediate .....

The Oriental Insurance Co. Ltd. Through Its Branch Manager Kaithal Vs. ...

Court : Punjab and Haryana

..... of any accident, up to the following limits, namely:-- (a) save as provided in clause (b), the amount of liability incurred; (b) in respect of damage to any property of a third party, a fao no.1078 of 1993 -3- limit of rupees six thousand: 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. 4. ..... there had been an amendment in the provisions of 1939 act in the year 1988 and the liability was increased from ` 50,000/- to ` 1,50,000/-. ..... there was no provision in 1939 amendment act, which was in consideration in the said case like a specific provision that is incorporated under section 147(2) proviso. ..... satpal singh (supra) was held to be wrongly decided and not laying down the correct interpretation about the applicability of the amended provision in new india assurance co. vs. ..... satpal singh 2000(1) scc 23.that dealt with the effect of provisions for compulsory coverage of owner of good travelling in a goods carriage under the amended provisions of the motor vehicles act. .....

Niky Tasha (India) Pvt. Ltd. Vs. Regional P.F. Commissioner and ors.

Court : Punjab and Haryana

Reported in : [1995(71)FLR168]; (1995)ILLJ282P& H; (1994)108PLR55

..... such sick small scale industrial units are also entitled to income tax relief and under clause (d) deferment of provident fund /waiver of penalties, income-tax and employees state insurance dues and collection after suitable rephasing should ensure at the same time that there is no deprivation of benefits to the retiring or sick employees. ..... 9(1) of the employees family pension scheme 1971, and paragraph 8(1) of the employees deposit linked insurance scheme, 1976, the petitioner was required to deposit employees' and employer's share of the employees provident fund and family pension fund contributions and the employee's share of the insurance fuad contributions, together with administrative charges and inspection charges, payable under section 17f of the act of the respective funds, within 15 days of the close of the month. ..... , in the petition which was amended during its pendency, seeks declaring and consequently setting aside proviso to section 14b of the amended employees provident fund and miscellaneous provisions act, 1952, as also section 1(2) of the amending act 1988 as ultra vires and violative of articles 14 and 19(1) of the constitution of india. ..... provisions act, 1952 ( as amended up to date) and the scheme framed thereunder is a social welfare legislation enacted with the object of making some provisions for the future of industrial workers after they retire or for their dependents in case of their early .....

Frick India Private Ltd. Vs. Vijay Bahadur Singh and Another

Court : Punjab and Haryana

Reported in : (1999)123PLR814

..... may be pointed out that the life insurance corporation (amendment) act, 1981 which came into force on january 31, 1981 provided that under sub-section (2-a) of section 48 of the life insurance corporation act, 1956, the regulations which were already in force immediately before the commencement of the amendment act shall be deemed to be rules made by the central government and they shall be deemed to have effect notwithstanding anything contained in the industrial disputes act, 1947. ..... hon'ble supreme court in the case of raghavendra seshagiri rao kulkarani's case (supra) will not be relevant in the instant case because in the said case there were statutory provisions contained in the life insurance corporation (amendment) act, 1981, which came up into force on january 31, 1981 under sub-section (2-a) of section 48 of the life insurance corporation act, 1956. ..... as the provisions contained under section 2 sub-section (oo) sub-section (bb) of the act are concerned, to which reference was made by the learned counsel for the petitioner, it may be noticed that sub-section (bb) of section 2(oo) was inserted in the act by the amendment act 49 of 1984 w.e.f. ..... which were already in force immediately before the commencement of the amendment act, it was held, shall be deemed to be rules made by the central government and they shall be deemed to have effect notwithstanding anything contained in the industrial disputes act, 1947. ..... the validity of the amendment act was upheld by this court in .....

LaxminaraIn Alias Kaka and anr. Vs. Balbir Kaur and ors.

Court : Punjab and Haryana

Reported in : I(1993)ACC212; (1992)101PLR563

..... in this behalf the governing factor for determining the application of the appropriate law is not the date on which the policy of insurance came into force but the date on which the cause of action accrued for enforcing liability arising under the terms of the policy.'6. ..... parliament enacted the motor vehicles act, 1988 (for short the amended act), to consolidate and amend the law relating to motor vehicles and the amended act came into force with effect from july 1 1989. ..... section 217 of the amended act provides for repeal and savings and sub-section (1) thereof sets out that the motor vehicles act, 1939 (4 of 1949) and any law corresponding to that act in any state immediately before the commencement of the amendment act in that state stands repealed. ..... the right of compensation based on principle of no fault liability to the victims and the corresponding liability of the owner and insurer of the vehicle arises on the occurrence of the accident. ..... 836, and particularly the following passage contained in paragraph 5 thereof:-'since the liability of the insurer to pay a claim under a motor accident policy arises on the occurrence of the accident and not until then, one must necessarily have regard to the state of law obtaining at the time of the accident for determining the extent of the insurer's liability under a statutory policy. ..... premier insurance company ltd., a.i.r. .....

Oriental Insurance Company Ltd. Vs. Smt. Mantari (Widow) and ors.

Court : Punjab and Haryana

Reported in : (2008)2PLR175

..... as would appear from the discussions made hereinafter a goods vehicle was required to be compulsorily covered by insurance policy in terms of 1939 act but was not so required in terms of 1988 act.in the present case the accident has occurred prior to amendment of 1994 and therefore, in view of the law laid down by hon'ble supreme court finding of learned tribunal cannot be sustained.consequently, f.a.o. ..... but a careful scrutiny of the provisions would make it clear that prior to the amendment of 1994 it was not necessary for the insurer to insure against the owner of the goods or his authorized representative being carried in a goods ..... if the motor vehicles (amendment) act of 1994 is examined, particularly section 46 of act 54 of 1994 by which expression 'injury to any person' in the original act stood substituted by the expression 'injury to any person, including owner of the goods or his authorized representative carried in the vehicle the conclusion is irresistible that prior to the aforesaid amendment act of 1994, even if widest interpretation is given to the expression to any person it will not cover either the owner of the goods or his authorized representative ..... objects and reasons of clause 46 also states that it seeks to amend section 147 to include owner of the goods or his authorized representative carried in the vehicle for the purposes of liability under the insurance policy. ..... with section 147(1) of the motor vehicles act, 1988, as it stood prior to its amendment. .....

National Insurance Co. Ltd. Sector 35 Chandigarh Vs. Smt. Krishana Dev ...

Court : Punjab and Haryana

..... the compulsory insurance under section 147 to cover the risk to the passenger in a goods vehicle came for the firs.time through the amendment act 54 of 1994 w.e.f.14.11.1994. ..... this issue regarding the liability of the insurance company in the old law and a parallel provision under section 96(1) of the 1939 act has been considered by a full bench by this court in oriental fire and general insurance company ltd.versus gurdev kaur and others in 1967 acj 158. ..... if the amount has been fully recovered on such security, the insurance company shall have right of enforcement against the security. ..... the division bench has held that owner of goods in a truck would not be required to be covered by a policy of insurance and the insurer cannot be made liable. ..... the liability cast in the insurance company under these circumstances by the tribunal is erroneous and it is set aside. 2. ..... 04.2013 national insurance co.ltd.sector 35, chandigarh .....appellant versus smt. ..... if no amount has been recovered at all by the owner then the claimant shall have a right of recovery only against the owner and driver and not against the insurance company. ..... have no right to claim any compensation making the insurer liable. .....