Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Court: kolkata Page 1 of about 84 results (0.718 seconds)

Plasto-form (India) Vs. Controlling Authority (Under Payment of Gratui ...

Court : Kolkata

Reported in : [2007(113)FLR266],(2007)IILLJ993Cal

..... office of the firm taken together, having exceeded ten or more, provisions of the payment of gratuity act, 1972 would apply to it, particularly when provisions of the employees' provident funds and miscellaneous provisions act, 1952 and the employees' state insurance act, 1948 had been applied to it.5. the case of the petitioner that provisions of the other ..... , particularly when the third respondent was appearing in person (as i am told by her counsel).6. in terms of provisions in section 7(4)(c) of the payment of gratuity act, 1972 it was the statutory duty of the controlling authority to make due enquiry for determining the matters in dispute. provisions in the west bengal ..... the employer, to prove its case by leading oral and documentary evidence or to face consequences. it must be held that the provisions in section 7(4)(c) and rule 11(4) cast such an obligation.7. how the dispute before the authority is to be determined effectively, is to be decided by the authority himself, and he .....

United India Insurance Co. Ltd. Vs. Mina Mitra and anr.

Court : Kolkata

Reported in : 2004ACJ1837

..... the tribunal fixed a xerox copy of the alleged policy in which the policy issuing office was mentioned as 'united india insurance co. ltd., branch iv, division 16, chittaranjan avenue, calcutta' the insurance company in its written statement before the tribunal denied issuing such certificate and alleged that such xerox copy was false and ..... including our high court, after following the decisions of the supreme court, have deprecated the practice of the insurance company to prefer appeal against the award passed under section 140 of the motor vehicles act, 1988, the present appeal has been filed.5. the only contention of the appellant in the said application ..... judgment and award that such question was raised by the insurance company at the hearing of the application under section 140 of the said act. even an officer of the insurance company was examined who deposed, inter alia, that the appellant has no office at branch no. iv, division 16, chittaranjan avenue, calcutta, but during .....

Nathmull Poddar Vs. Salil Kumar Chakraborty

Court : Kolkata

Reported in : AIR1971Cal93,1971CriLJ361,74CWN792

..... are the proper proceedings relating to the contravention of section 40 of the employees' state insurance act, 1948, in view of the provisions of sub-section (4) thereof, enjoining that any sum deducted bv the principal employer from wages under the said act 'shall be deemed to have been entrusted to him by the employee for the purpose ..... code would not be bad even if the offence with which the petitioner was charged had come within the scope of section 84 of the employees' state insurance act.'the decision of the division bench must prevail and i hold, as observed by their lordships of the division bench, that a prosecution, if otherwise maintainable, ..... overruled. mr. mukherjee also made an ancillary submission. he contended that the employees' state insurance act is a special act enacted 'to provide for certain benefits to employees in certain cases' as referred to in the object of the act and therefore the intention of the legislature as contained therein should not be frustrated by a .....

Administrator, Hindusthan Cables Employees Co-operative Multipurpose S ...

Court : Kolkata

Reported in : AIR1968Cal146

..... to the clauses (!) and (ii) of the claim.7. first of all, i shall deal with the question of insurance agency. the first provision of law to be considered is section 40(1) of the insurance act (act iv of 1938. it is in the following terms:'40. prohibition of payment by way of commission or otherwise for procuring business.(1) no ..... person shall, after the expiry of six months from the commencement of this act, pay or contract to pay any remuneration or reward whether ..... defined. if it was meant to impose a limitation upon insurers only, then under section 40(1) the word 'insurer' would have been used instead of 'any per-son.' wherever in the insurance act there is any provision regarding an 'insurer', this is the procedure followed, for example see sections 3a, 4, 5, 6, 13 etc.9. next it is argued .....

National Jute Manufacturing Corporation National Employees Union and o ...

Court : Kolkata

Reported in : [1995(70)FLR758],(1995)ILLJ1089Cal

..... . 17. in my view, the primary and basic issue which is to be determined is the question of the applicability of the act itself to the employees of njmc.section 1(4) of the employees' state insurance act, 1948, reads as follows:'1(4) it shall apply, in the first instance, to all factories (including factories belonging to the government) other than seasonal factories: provided ..... 1982, the medical treatment and attendance rules, 1982, were formulated for application to the employees of njmc. rule 3(b)(iv) of the 1982 rules provides that the rules would not apply to 'employees who are governed by the employees' state insurance act, 1948, and/or cghs'. the rules provided for the comprehensive treatment of employees, reimbursement of cost of medicines, consultation fees .....

Mittal Technopack Private Ltd. and Anr. Vs. Ecgc Ltd. (Formerly Expor ...

Court : Kolkata

..... customer grievance committee as also the independent review committee rejected the petitioner company s claim only on the ground of non-compliance with sec. 64vb of the insurance act, 1938 and not on the ground of delay in informing the occurrence of default. as i have expressed above, a commercial document is required to be construed from ..... a).(b) or (c) above; (iii) take all practicable measures available to you to prevent or minimize any loss in respect of your exports to that insured buyer; (iv) continue to take all prudent and reasonable steps, including such steps as we may require you to take which may include institution of legal proceedings, in connection with ..... goods subject to the condition that the respondent s liability shall be limited to a maximum of 45 per cent of the gross invoice value of the goods. (4) subsequently, the petitioner company re-imported the goods and lodged its claim for re-imbursement of re-importation cost with the respondent by letter dated 22 april, 2013 .....

Employees State Insurance Corporation and Ors. Vs. Kesoram Industries ...

Court : Kolkata

..... is also to be answered.10. before entering into the discussion the definition of wages under section 2 sub-section (22) of the employees state insurance act, 1948 and section 9(b) of the said act may be scrutinised and therefore those reproduced below for ready reference:section 2(22):- wages . means all remuneration paid or payable, in cash to an ..... exceeding rs. 3,000/- per month, can be remunerated by providing composite wages as overtime?. (c) whether the impugned judgment can be sustained both in fact and law?.4. since annexure k in w.p. no.1992 of 1995 and annexure p-18 in w.p. no.1657 of 2003 respectively were under challenge in the writ petitions ..... of all relevant records for the protection of all the rights of the petitioners and for granting the petitioners such further relief as in the circumstances shall be passed. (iv) a writ of or in the nature of prohibition prohibiting the respondents and each of them, their servants, agents and/or assigns from giving any effect to or taking .....

The New India Assurance Co. Ltd. Vs. Mita Samanta and ors.

Court : Kolkata

..... and was aged 46 years at the time of death.4. in spite of service of notice, the owner of the offending vehicle did not appear and it was the insurance company who contested the proceeding after taking leave under section 170 of the act.5. the specific defence taken by the insurance company in the written statement was that due to ..... in the pleading of the other side and decides to remain ex parte. we are quite conscious that in the proceedings for compensation under the motor vehicles act, when the offending vehicle is insured, the owner of the vehicle may not be interested to appear at the witness box in spite of the fact that he is a party to ..... owner against whom the compensation is claimed or the errant driver whose identity has been disclosed in a civil proceeding.17. therefore, the insurance company in spite of taking leave under section 170 of the act having failed to summon the owner or the driver of the vehicle to disprove the allegation of the claimants of the involvement of the .....

Great Pyramid Insurance Co. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1976]102ITR394(Cal)

..... to carry on any class of insurance business. by the letter dated the 29th january, 1960, the controller of insurance cancelled the certificate of registration granted to the assessee-company as an insurance company with effect from the 14th march, 1960, under section 3(4) of the indian insurance act, 1938. since then the assessee, according ..... to the revenue, had not been doing any insurance business. the aforesaid explanatory note ..... unsatisfied or not otherwise provided for.'9. counsel for the assessee contended before us that by virtue of the provisions of section 2d various provisions of the insurance act, 1938, were applicable to the assessee in the year in question. he drew our attention to sections 2(9)(b), 3, 6, 7(1), 7 .....

Agarwal Hardware Industries Vs. Employees' State Insurance Corporation ...

Court : Kolkata

Reported in : (1977)ILLJ192Cal

..... . sen, j.1. in this appeal under section 82(2) of the employees' state insurance act, 1948 (hereinafter referred to as the said act) and in the revisional application in the alternative, the appellant challenges an order dated april 30, 1971, possed by the employees' insurance court, west bengal, in case no. 53 of 1971. by the said order the said ..... 75, the court, however, would have no jurisdiction to grant a temporary relief in support of such a permanent relief which again may frustrate the very object of adjudication.4. mr. roy, learned advocate appearing for the corporation has, however, strongly supported the view taken by the said court when it held that the said court not being ..... 35 of the code of criminal procedure. the other procedure to be followed by the tribunal in adjudicating these disputes is as prescribed by the rules. section 78(4) provides that an order passed by such a tribunal shall be enforceable 'as if it were a decree passed in a suit by a civil court'. section 81 .....