Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Court: delhi Page 1 of about 61 results (0.090 seconds)

Madhu Garg and ors. Vs. Life Insurance Corporation of India

Court : Delhi

Reported in : 1999IVAD(Delhi)777; [1999]97CompCas939(Delhi); 80(1999)DLT593; 1999(50)DRJ630; ILR1999Delhi116

..... certificate' should be obtained by the plaintiffs. the defendant relies on sections 212 to 214 of the indian succession act, 1925 as also section 39(4) of the insurance act, 1938 which stipulate as under :'39(4) a transfer or assignment of a policy made in accordance with section 38 shall automatically cancel a nomination: provided that ..... the assignment of a policy to the insurer who bears the risk on the policy at the time of the assignment, in consideration of a loan granted by that insurer ..... the plaintiffs. this was not so for the reason that there had been an assignment of the policies, and by virtue of section 39(4) of the insurance act, all previous nominations thereupon stood cancelled. in that event i would have considered it unreasonable for defend-ant-corporation to insist on obtainment of a .....

National Insurance Company Ltd Vs. Reshmi and ors

Court : Delhi

..... be entitled to avail the benefit thereof.".5. before adverting to the facts of the case certain statutory provisions need to be noticed. section 64vb of the insurance act 1938 enjoins on a insurer not to assume any risk until the premium payable is received by him. section 64vb is extracted hereunder:- "64vb. no risk to be assumed unless premium ..... . a letter stating that the cheque had been dishonoured was sent by the insurance company to the insurer on 23.1.1990. the premium was paid in cash on 2.5.1990. the accident took place 19.4.1990. despite noticing section 64-vb of the 1938 act, but having regard to the underlying public policy behind the statutory scheme in ..... respect of insurance as evidenced by sections 147 and section 149 of the act and in particular having regard to the fact that policy of .....

Indian Medical Association Vs. Ministry of Labour and Employmentand an ...

Court : Delhi

..... accepting a nominee of the petitioner for being appointed as one of the member representing the medical profession as a constituent of esic. however, a plain reading of section 4(h) of the esi act does not suggest that the petitioner or any other organization of medical practitioners has been provided any right of nomination. the mandate ..... tripathi, the learned senior counsel, appearing for respondent no.2 contended that section 13(c) of the esi act applies to all members of esic and not just medical professionals appointed pursuant to section 4(h) of the esi act. it was contended that an engagement as a medical practitioner was excluded from the rigor of disqualification as ..... the controversy are as under:3. 1 the term of esic expired on 08.05.2012 and respondent no.1 commenced the process to reconstitute esic in terms of section 4 of the esi act. 3.2 in terms of section 4(h) of the esi act, the constitution of esic includes two members from the medical profession. respondent no.1 .....

Indian Medical Association Vs. Ministry of Labour and Employmentand An ...

Court : Delhi

..... accepting a nominee of the petitioner for being appointed as one of the member representing the medical profession as a constituent of esic. however, a plain reading of section 4(h) of the esi act does not suggest that the petitioner or any other organization of medical practitioners has been provided any right of nomination. the mandate ..... tripathi, the learned senior counsel, appearing for respondent no.2 contended that section 13(c) of the esi act applies to all members of esic and not just medical professionals appointed pursuant to section 4(h) of the esi act. it was contended that an engagement as a medical practitioner was excluded from the rigor of disqualification as ..... the controversy are as under:3. 1 the term of esic expired on 08.05.2012 and respondent no.1 commenced the process to reconstitute esic in terms of section 4 of the esi act. 3.2 in terms of section 4(h) of the esi act, the constitution of esic includes two members from the medical profession. respondent no.1 .....

Indian Medical Association Vs. Ministry of Labour and Employment& Anr.

Court : Delhi

..... accepting a nominee of the petitioner for being appointed as one of the member representing the medical profession as a constituent of esic. however, a plain reading of section 4(h) of the esi act does not suggest that the petitioner or any other organization of medical practitioners has been provided any right of nomination. the mandate ..... tripathi, the learned senior counsel, appearing for respondent no.2 contended that section 13(c) of the esi act applies to all members of esic and not just medical professionals appointed pursuant to section 4(h) of the esi act. it was contended that an engagement as a medical practitioner was excluded from the rigor of disqualification as ..... the controversy are as under:3. 1 the term of esic expired on 08.05.2012 and respondent no.1 commenced the process to reconstitute esic in terms of section 4 of the esi act. 3.2 in terms of section 4(h) of the esi act, the constitution of esic includes two members from the medical profession. respondent no.1 .....

Indian Medical Association Vs. Ministry of Labour and Employmentand An ...

Court : Delhi

..... accepting a nominee of the petitioner for being appointed as one of the member representing the medical profession as a constituent of esic. however, a plain reading of section 4(h) of the esi act does not suggest that the petitioner or any other organization of medical practitioners has been provided any right of nomination. the mandate ..... tripathi, the learned senior counsel, appearing for respondent no.2 contended that section 13(c) of the esi act applies to all members of esic and not just medical professionals appointed pursuant to section 4(h) of the esi act. it was contended that an engagement as a medical practitioner was excluded from the rigor of disqualification as ..... the controversy are as under:3. 1 the term of esic expired on 08.05.2012 and respondent no.1 commenced the process to reconstitute esic in terms of section 4 of the esi act. 3.2 in terms of section 4(h) of the esi act, the constitution of esic includes two members from the medical profession. respondent no.1 .....

M/S m.c.g.d. Zines Pvt. Ltd. Vs.united India Insurance Co. Ltd.

Court : Delhi

..... stated that there must be sufficient ground to disagree with the findings of surveyor/surveyors. there is no prohibition in the insurance act for appointment of second surveyor by the insurance company, but while doing so, the insurance company has to give satisfactory reasons for not accepting the report of the first surveyor and the need to appoint second ..... (2009) 1 scc267 (ii) nathani steels limited vs. associated constructions 1995 supp (3) scc324 (iii) state of maharashtra vs. nav bharat builders 1994 supp (3) scc83 (iv) messrs p.k. ramaiah and company vs. chairman and managing director, national thermal power corporation 1994 supp (3) scc126 (v) m/s bhagwati prasad pawam kumar vs. union ..... shelf life of the machinery and so on. once the surveyor has taken one particular method, and that method is one of rfa no.644/2017 page 4 of 9 the methods possible in law, unless and until grave reasons are found to dispute the surveyors report, courts normally do not interfere with the valuation .....

National Insurance Co. Ltd. Vs. Suresh Chand and ors.

Court : Delhi

..... assured and pay the sum awarded to the claimants by the ld. tribunal.27. the provisions of sub-section 4 and 5 of the section 149 of motor vehicles act, 1988 may be considered as to the liability of the insurer to satisfy the decree at the first instance. 13. in the instant case, admittedly, the offending vehicle was ..... pay even to third parties, as in such cases the contract of insurance is non est. 25. no doubt, the ..... was guilty of a willful breach. the insured in such cases, would be entitled to recover the compensation paid to third party in discharge of its statutory liability. (iv) where policy is avoided on proof or facts which renders the insurance policy void under section 149 (2) (b) of the act, the insurance company would not be under obligation to .....

New India Assurance Co Ltd. Vs. Dilawar @ Mukhtar and ors.

Court : Delhi

..... assured and pay the sum awarded to the claimants by the ld. tribunal.27. the provisions of sub-section 4 and 5 of the section 149 of motor vehicles act, 1988 may be considered as to the liability of the insurer to satisfy the decree at the first instance. 7. in the instant case, admittedly, the offending vehicle was ..... pay even to third parties, as in such cases the contract of insurance is non est. 25. no doubt, the ..... was guilty of a willful breach. the insured in such cases, would be entitled to recover the compensation paid to third party in discharge of its statutory liability. (iv) where policy is avoided on proof or facts which renders the insurance policy void under section 149 (2) (b) of the act, the insurance company would not be under obligation to .....

New India Assurance Co Ltd. Vs. Urmila Rani and ors

Court : Delhi

..... assured and pay the sum awarded to the claimants by the ld. tribunal.27. the provisions of sub-section 4 and 5 of the section 149 of motor vehicles act, 1988 may be considered as to the liability of the insurer to satisfy the decree at the first instance. 7. as regards the issue of negligence is concerned, admittedly, ..... pay even to third parties, as in such cases the contract of insurance is non est. 25. no doubt, the ..... was guilty of a willful breach. the insured in such cases, would be entitled to recover the compensation paid to third party in discharge of its statutory liability. (iv) where policy is avoided on proof or facts which renders the insurance policy void under section 149 (2) (b) of the act, the insurance company would not be under obligation to .....