Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Court: delhi Page 5 of about 61 results (0.120 seconds)

Surveyors' Welfare Association (Regd) Vs. Union of India and Ors

Court : Delhi

Reported in : 1995IIIAD(Delhi)418; AIR1995Delhi382; 59(1995)DLT205; 1995(34)DRJ341

..... are whether under section 64um of the insurance act, 1938 ( for short 'the act') any survey by an approved surveyor or loss assessor is necessary in respect of a claim of less than rs.20,000.00 and whether or not such a claim can be settled by the insurance company itself without the intervention of an ..... guidance. example236.1 the report of the royal commission on criminal procedure contained on account of how the power of arrest conferred by the criminal law act 1967 s2(4) and similar enactments should be exercised. the court, of appeal held that this account reflected the proper basis for the exercise of the power of ..... person disqualified from being employed as surveyor or loss assessor. disqualification does not merely mean disqualification as provided by section 42(4) of the act, which deals with licencing of insurance agents for the purpose of soliciting and procuring insurance business. it is sub section 1 (d) of section 64um which prescribes qualification in clauses (a) to (g .....

Deepak Mahajan Vs. the Director of Enforcement and anr.

Court : Delhi

Reported in : 1991CriLJ1124

..... station in respect of cognizable offences. as against this. it is pointed out by the learned counsel for the petitioner, that section 104(4) of the customs act 192 makes all offence under the new act non-cognizable, thereby excluding the jurisdiction of police officers to investigate such offences and also would exclude the application of s. 162 crl. ..... -in charge of a police station has and is subject to under the code of criminal procedure, 1898 (5 of 1898). (4) notwithstanding anything contained in the code of criminal procedure, 1898 an offence under this act, shall not be cognizable. section 35 of the fera reads as under :--- 'power to arrest-(1) if any officer of ..... of section 167, the power vested in the magi irate to authorise detention in judicial custody, can be exercised by him. (4) although the person arrested and produced by the officer concerned under the customs act/fera at that stage is not an accused of any offence within the meaning of article 20(3) of the constitution. yet .....

National Insurance Co. Ltd. Vs. the Union of India and ors.

Court : Delhi

Reported in : 14(1978)DLT56; [1978]41STC30(Delhi)

..... petitioner's trade, assets and properties are that of the central government with effect from 2nd january, 1973, by virtue of sections 4(1) and 5(1) of the general insurance business (nationalisation) act, 1972, and, as such, the same being the property of the union government, is exempt from state tax by virtue of ..... the 2nd day of january, 1973, as the central government may be notification appoint. section 4(1) provides that on the appointed day, all the shares in the capital of every indian insurance company shall, by virtue of the act, stand transferred to and vested in the central government free of all trusts, liabilities and encumbrances ..... affecting them. section 4(2) provides that out of the shares so transferred and vested, the central government .....

Electric Construction and Equipment Company Ltd. Vs. Jagjit Electric W ...

Court : Delhi

Reported in : AIR1984Delhi363; [1986]59CompCas453(Delhi); 30(1986)DLT525; 1984(7)DRJ145; 1984RLR549

..... abroad merely to prove the execution of the documents and, thereforee, the value of section 85 of the evidence act for' the purpose of proving such documents becomes obvious. (13) the same applies to other public institutions like insurance companies and other corporations which may have several branches. a duly executed power of attorney satisfying the test laid ..... , calcutta and the power of attorney is in favor of six persons-(1) shri ram niwas jaju, (2) shri umesh narayan vajpeyi, (3) sri jugal kishore ladia,(4) shri narayan das daga, (5) shri ram prasad and (6) shri kashi prasad ji harlalka and the attorneys are to manage the company's central office and to perform ..... of the company had also to be proved. hence, the issue was decided against the plaintiff, and the suit dismissed. (4) before us, in appeal, learned counsel for the appellant relies on section 85 of the evidence act, 1872, which reads : 'the court shall presume that every document purporting to be a power of attorney, and to .....

industrial Finance Corporation of India and Another Vs. Century Metals ...

Court : Delhi

Reported in : AIR1990Delhi186; II(1992)BC546; [1992]73CompCas630(Delhi)

..... principal as well as interest on the due dates, (3) failure to take out adequate insurance cover, (4) closure of the factory, (5) involvements, such as money suits against the company by union bank of india, and (6) insurance of notice to the company by the company law board as to why it should not ..... , as reproduced below:1. whether the application has been properly signed and filed by a duly authorized person? opp2. whether the provisions of usurious loans act are applicable to the loan sanctioned by the petitioner to respondent no. 1? if so, whether the rate of interest stipulated under the loan agreement violates ..... to industrial concerns in india, particularly in circumstances where normal banking accommodation is inappropriate or recourse to capital issue methods is impracticable. it is empowered under the act, inter alia, to grant loans or advances to industrial concerns on the security of mortgage, pledge, hypothecation etc. of moveable and immoveable properties of such industrial .....

Commissioner of Income-tax Vs. the Minerals and Metals Trading Corpora ...

Court : Delhi

Reported in : ILR1981Delhi1a

..... reserves which should be added to the capital base of the company for determining the statutory deduction under the act:as on as on 1-4-1965 1-4-1966 rs. rs.1. staff benefit reserve 67,854 1,26,7222. self-insurance reserve 7,08,696 14,98,8783. staff bonus reserve nil 13,31,893 the income-tax officer ..... conclusion of the tribunal was clearly right in so far as amounts set apart for the staff benefit reserve and self insurance reserve were concerned. though the form of balance sheetprescribed, under the companies act refers to provisions for insurance and staff benefit schemes for inclusion under item 12'under the sub-head 'current liabilities and provisions' the question ..... has to be decided in terms of the definition contained in rule 7 of part iii of vith schedule to the companies act to which reference has been made earlier. a provision in respect of self insurance, bonus and similarly staff benefit schemes can come under the above heading only if it is capable of being described either as .....

Bajaj Allianz General Insurance Co. Ltd. Vs. Akram HussaIn and ors.

Court : Delhi

..... "10. the provisions relating to the necessity of having a license to drive a vehicle are contained in section 3, 4 and 10 of the act. as various aspects of the said provisions vis-a-vis the liability of the insurance company to reimburse the owner in respect of a claim of a third party as provided in section 149 thereof have ..... correct question of law. they proceeded on a wrong premise that it was for the insurance company to prove breach of conditions of the contract of insurance. 12. the high court did not advert to itself the provisions of sections 4 and 5 of the motor vehicles act and thus misdirected itself in law. 13. this aspect of the matter has been ..... considered by this court in oriental insurance co. ltd. v. prithvi raj (2008) 2 scc 338 wherein upon taking into consideration a large number of decisions, it .....

Oriental Insurance Co. Ltd. and Others Vs. Rakesh Kumar and Others.

Court : Delhi

..... of section 13 of the code of civil procedure, 1908 (5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the insurance act, 1938 (4 of 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 ..... party risk. the supreme court observed that the provision of section 96 (2) (b) (ii) of the act of 1938 is in parimateria to section 149 (2) (a) (ii) of the act and referred to skandia insurance company limited v. kokilaben chandravadan ,(1987) 2 scc 654 and quoted with approval the following observations:-"12. the defence ..... the parallel provision being section 149 in the motor vehicles act, 1988). the relevant part of section 96 provided:- 96. duty of insurers to satisfy judgments against persons insured in respect of third party risk.-(1) if, after a certificate of insurance has been issued under sub-section (4) of section 95 in favour of the person by .....

United India Insurance Company Ltd. Vs. Mrs. Surekha Bakshi and Others

Court : Delhi

Reported in : ILR1998Delhi332

..... right of any person indemnified by the policy or any other person to recover an amount under or by virtue of the provisions of the act. it also provides that the insured will repay to the company all sums paid by it which the company would not have been liable to pay but for the said provisions ..... in respect of accidental personal injury or damage to property caused by or arising out of the use of the insured vehicle 'act only' liability cover:- indemnity to the insured against legal liability as under the motor vehicles act,1939, for claims by the public in respect of accidental personal injury or damage to property caused by or arising ..... )(b) of section 95 of the act? is it that the insurer undertook to indemnify the insured for the liability for and on behalf of insured to an unlimited extent2. in order to answer the above questions, we may have glance over the facts which are relevant to determine these points. respondents 1 to 4 (claimants before the motor accident claims tribunal .....

international Frozen Food Corp. Vs. the United India Assurance Co. Ltd ...

Court : Delhi

Reported in : 2009ACJ176

..... motor vehicle rules 1989, a cover note remains valid for 60 days unless revoke earlier. under section 147 of the mv act 1988 it is the duty of the insurance company to issue a certificate of insurance and a policy of insurance after premium for issuance of the policy is received by it. thus, the respondent no. 1 could not have ..... that stage, respondent no. 1 raised an objection that it was not liable to pay the interim compensation as the vehicle was not insured on the date of the accident i.e. 13.4.2000. rejecting the said stand and noting the facts hereinabove noted by me pertaining to the cheque towards premium paid by the petitioner, ..... the amount paid to the claimants. 10. vide impugned order dated 4.6.2005, the learned tribunal dismissed the objection filed by the petitioner holding that the award gave recovery rights to the insurance company and having attained finality, had to be executed. it was further held that acting as an executing court, the tribunal could not go behind the .....