Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Court: kolkata Page 5 of about 84 results (0.210 seconds)

Commissioner of Income-tax, West Bengal Vs. General Family Pension Fun ...

Court : Kolkata

Reported in : AIR1953Cal299,[1952]21ITR497(Cal)

..... of selling or granting them would be life insurance business within the meaning of the schedule, because rule 5(iv) adopts the definition of life insurance business as given in section 2(11), insurance act, 1938 and the definition there given is 'inter alia' to the effect that 'life insurance business' includes 'annuity business, that is ..... to say, the business of effecting contracts of insurance for the granting of annuities ..... by the appellate assistant commissioner. he held that the business carried on by the company was life insurance business of the annuity type, as defined in the insurance act of 1938, and being thus life-insurance business within the meaning of the schedule, the sale and granting of annuities in which it consisted .....

The Gaya Muzaffurpur Roadways Co. and ors. Vs. Fort Gloster Industries ...

Court : Kolkata

Reported in : AIR1971Cal494,76CWN17

..... the provisions of section 135-a are applicable to cases of marine insurance on the basis of definition of 'marine insurance business' then prevailing. 'marine insurance business' has been denned in section 2(13-a) of the insurance act, 1938 as including contracts of insurance of goods insured for any transit by land or water or both. the law relating ..... 2, clause (d) as also 'maritime perils' of clause (e) under the definitions are thus inseparable from perils of the seas. under section 4 sub-section (1), 'marine insurance' has been extended to protect the assured against losses on inland waters or any land risk incidental to any sea voyage. mr. banerjee accordingly contended that ..... it was submitted that in the premises the suit should be dismissed. the defendant no. 6 subsequently filed a separate written statement adopting the said written statement.4. the suit was tried on evidence before the learned subordinate judge, eighth court, alipore, and, at the hearing the d.w. 2 for the company .....

M/S. United India Insurance Co. Ltd. Vs. B. Hemawati and ors.

Court : Kolkata

Reported in : 2001ACJ749,(2000)2CALLT449(HC)

..... .1990. in the meantime, on 19.4.1990 the accident took place : the bus collided with a truck, whose driver died. the truck driver's widow and minor sons filed the claim petitions. the appellant denied the claim asserting that under the terms of section 64-vb of the insurance act. 1938, no risk was assumed by an insurer unless the premium thereon had been ..... received in advance. the motor accident claims tribunal rejected the appellant's contention and awarded the claimants compensation in the sum of rs. 96.000/- with interest at the rate of 12% per annum from the date of the petition, to be paid by the insured and .....

Howrah Mills Co. Ltd. and Anr. Vs. Employees' State Insurance Corporat ...

Court : Kolkata

Reported in : 2004(4)CHN357,[2006]129CompCas418(Cal),(2005)ILLJ774Cal,[2006]71SCL131(Cal)

..... but for the remaining balance they cannot be directed to pay de hors the scheme made under the sick industrial companies (special provisions) act, 1985. in that way employees' state insurance act, 1948 cannot override the scheme under the aforesaid act, 1985.4. mr. sengupta firstly has relied upon a judgment reported in : (1984)iillj20sc , union of india and anr. vs. g. m. kokil & ors ..... howrah mills co. ltd. vs. employees' state insurancecorpn. 2004(4)chn the same. firstly, whether 'special' will prevail over the 'general' or not. whether the latter act will prevail over the earlier act or not. whether the sick industrial companies (special provisions) act, 1985 provides any non-obstante clause over and above the employees' state insurance act, 1948 or not. whether the sick industrial companies (special .....

Oriental Fire and Genl Ins. Co. Ltd. and anr. Vs. Josheda Alias Joshod ...

Court : Kolkata

Reported in : 1991ACJ349

..... will give serious attention to this aspect of the matter and remove the serious lacuna in section 95(2)(b), motor vehicles act. we would also like to suggest that instead of limiting the liability of the insurance companies to a specified sum of money as representing the value of human life, the amount should be left to be determined ..... that extent is secured thereby. undoubtedly, the owner can and is free to contract for a larger amount to cover any increased risk. sub-clause (4) therefore does not mean that the liability of the insurance company is just limited to rs. 5,000/-, irrespective of the number of persons injured or killed in an accident. in view of the fixation ..... will be convenient to place the relevant provisions of section 95 of the motor vehicles act as the main thrust in the argument of the learned counsel for the appellant is that in view of sub-clause (4) of section 95(2)(b), the liability of the insurance company cannot exceed a sum of rs. 5,000/-for the death or injury .....

Employees' State Insurance Corporation and Ors. Vs. Duncan Gleneagles ...

Court : Kolkata

Reported in : 2005(3)CHN116,[2005(106)FLR1029],(2005)IIILLJ174Cal

..... section 2(14aa) of the esi act and contended that the diagnostic center in a hospital carries on manufacturing process as was held in subodh s. shah (supra); gateway auto services, a partnership firm, bombay-1 v. regional director, employees' state insurance corporation and anr., 1981 lab ic 49; mohd. shabir v. state of maharashtra, : 1979crilj466 ; cit, tamil nadu-iv v. v.k. ramachandran ..... , : [1981]128itr727(mad) ; cit v. upasana hospital, : [1997]225itr845(ker) ; cit v. m.l. agarwalla, and cit v. air survey co. of india (p) ltd., : [1998]232itr707(cal) . as such it is a factory defined under the esi act attracting .....

Commissioner of Income-tax Vs. Bengal Assam Steamship Co. Ltd.

Court : Kolkata

Reported in : (1986)56CTR(Cal)201,[1986]161ITR576(Cal)

..... the assessee for rs. 31,10,342 with the government of india under the emergency risks insurance scheme promulgated under the emergency risks (factories) insurance act, 1962. under the said insurance, 80% of the loss suffered by the insured was agreed to be indemnified by the insurer.4. by its letter dated september 17, 1965, the assessee at the first instance claimed a ..... a profit of rs. 17,24,591 under section 41(2) of the income-tax act, 1961, on the basis that the insurance amount received by the assessee had exceeded the written down value of the fourteen vessels. a loss of rs. 4,72,044 was also claimed in respect of the remaining vessels as the said amount ..... by the pakistan authorities did not come under any of the above categories and, as such, the insurance amount received by the assessee was not in respect of any of the said eventualities and section 41(2) of the act was not applicable. the appellate assistant commissioner directed the income-tax officer to exclude the said amount .....

Light of Asia Insurance Co., Ltd. and Governor-general in Council and ...

Court : Kolkata

Reported in : AIR1942Cal578

..... meeting of the creditors and policyholders for reconsideration of the scheme. on 31st march 1941, an application was made on behalf of the superintendent of insurance for winding up the company under section 53(2)(b), insurance act, 1938. on 3rd april 1941, a joint meeting of the creditors and policy-holders was held for consideration of the following scheme of reconstruction:requirements under ..... and in case any emergency arises the management undertakes not to spend any amount from the reserved fund for the further claim but will raise necessary money to meet requirements.iv. position after reconstruction.a. assets--deposit with the reserve bank. . .. rs. 30,000b. liabilities -according to mr. humphrey rs. 1,11,000 less amount provided for in iii.after reconstruction .....

Everett (India) Private Ltd. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2002)IILLJ477Cal

..... state government.24. the matter of successive bipartite settlements, payments made to workers by way of insurance cover, the support given by the employees, the importance to be put upon the utter disregard shown to the existence of the esi act all these will have to be taken into consideration by the state government. if thereafter it does ..... state government's letter is dated august 27, 1999. the proforma was filled up and submitted to the state government by the writ petitioner on or about october 4, 1999. the grounds for exemption from the esi scheme would be found against item 15 given at pages 29 and 30 of the affidavit-in-reply. the ..... the writ petitioner, however, made an application to the state government for exemption under the hand of the managing director r. c. banerjee by a letter dated august 4, 1999. the application was not made in the standard proforma. there were two annexures apparently to the letter of application: i) an express bipartite agreement between the company .....

Hindusthan Motors Ltd. Vs. National Insurance Co. Ltd.

Court : Kolkata

..... endorsement on the policy that it will take effect from september 26, 1978 will not assist the plaintiff. the plaintiff cannot enforce an insurance policy contrary to section 64vb of the insurance act, 1938. since an insurance policy will commence from the date of receipt of the premium, the plaintiff cannot be allowed to contend that it had in its ..... such refund shall in no case be credited to the account of the agent. (4) where an insurance agent collects a premium on a policy of insurance on behalf of an insurer, he shall deposit with, or despatch by post to, the insurer, the premium so collected in full without deduction of his commission within twenty-four hours of ..... 26, 1978. the plaintiff submits that, a party cannot travel outside its pleadings and no amount of evidence is tenable if not pleaded. reliance is placed on 2003 volume 4 supreme court cases page 161 (bonder singh & ors. v. nihal singh & ors.), 2003 volume 10 supreme court cases page 653 (rajgopal v. kishan gopal & anr.) .....