Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Court: mumbai Page 1 of about 132 results (0.346 seconds)

The Commissioner of Income-tax, Bombay City Vs. the Great Eastern Life ...

Court : Mumbai

Reported in : (1949)51BOMLR938

..... -valuation period ending before the year in which the assessment is to be made. insurance companies usually get out an actuarial valuation for a quinquennial or triennial period which is all that they are required to do by section 13 of the assurance act, 1938, and some statutory authority for treating the triennial or quinquennial valuation as the basis ..... no distinction between residents and non-residents. unless the rule applies to non-residents, they would lose the valuable privilege conferred by rule 8 : nor would rule 4 apply. furthermore rule 2(6) is the only rule which enables profits and gains to be computed on the annual average disclosed by an actuarial valuation made for ..... at under rule 2(a).9. the assessee then appealed to the appellate tribunal. in the memorandum of appeal objection was taken to the figure of rs. 4,57,424 being treated as gross external incomings and it was alleged that that figure in the revenue account did not represent an actual receipt of income, and .....

M/S Vinyl Chemicals (India) Ltd Vs. National Insurance Co Ltd

Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

..... the ground averred in the appeals that appointment of authorized surveyor under section 64 um(1) of insurance act is a lame excuse on the part of respondent/insurance company, though the insurance company was intimated prior to submitting the insurance claim about the loss on account of shortage on receipt of the chemicals at ports of destination referred ..... did not recommend for reimbursement of any loss and, reported that claim as not payable since attracts provision of exclusion of policy clause no.4. (ii) the contention of the respondent/insurance company is that such a loss/shortage about the shipment are required to be intimated immediately under the policy terms and conditions, or date ..... 2006 and appellant appointed m/s.sgs india pvt.ltd. as surveyor, who carried out the survey of consignment received and noticed that there is shortage of 4.685 m.t. of the chemical and within the permissible limit of shortage of 0.25% of the total chemical, shipped quantity actual shortage worked out .....

Suresh Arvind Shephard Vs. Maharashtra State Electricity Distribution ...

Court : Mumbai Aurangabad

..... entitles the respondent to set off the special leave salary pay as against compensation which an employee may have acquired under the workmen's compensation act or under the employees' state insurance act. 11. while considering retiral benefits, the respondent kept in view the amount of rs.2,70,796/- that was paid to the petitioner ..... the employees' state insurance act. ix) provisions of this rule apply to: a) the company employees disabled in consequences of ..... in the case of person to whom the workmen's compensation act, 1923 and the employees' state insurance act, 1948 apply, the amount payable under these rules shall be reduced by the amount of compensation payable under section 4(i)(d) of the workmen's compensation act and the amount of sickness benefit payable under section 49 of .....

insure Policy Plus Services (India) Pvt. Ltd., a Company Registered Un ...

Court : Mumbai

Reported in : 2007(3)ALLMR462; 2007(3)BomCR98; (2007)109BOMLR559; [2007]79SCL583(Bom)

..... a number of persons, shall be valid. we may also gainfully reproduce relevant portion of section 39 of the insurance act, 1938 which reads as under:39. nomination by policy holder.-(1)...(2)... (3)... (4) a transfer or assignment of a policy made in accordance with section 38 shall automatically cancel a nomination: provided ..... manager of the nasik division and quoted from the opinion of their legal department, which had opined that the assignment of life insurance policy was permissible under section 38 of the insurance act, 1938. inspite of this the nasik division refused to accept the notices of assignment. on 22nd october, 2003 the 1st respondent issued ..... behalf of the respondents. we may gainfully reproduce the relevant portion of section 38 of the insurance act, 1938 which reads as under:38. assignment and transfer of insurance policies.--(1) a transfer or assignment of a policy of life insurance, whether with or without consideration, may be made only by an endorsement upon the policy .....

Employees' State Insurance Corporation Vs. Dattaram Advertising (Priva ...

Court : Mumbai

Reported in : [1989(58)FLR781]; (1988)ILLJ413Bom

..... 's notification. in the earlier part of his judgment, the learned single judge has observed the gradual extension of the provisions of the employees' state insurance act to various establishments which were otherwise not governed earlier. it is, says sri nain, for the state government to decide as to whether considering various ..... judge of this court (vaze, j) by his judgment and order, dated 4 march 1986, reported in : (1987)illj9bom . the learned single judge has made an exhaustive survey of the extension of the provisions of the employees' state insurance act from time to time. he has held that though the word 'shop' could ..... , namely : (i) hotels; (ii) restaurants; (iii) shops; (iv) cinemas, including preview theatres; and (v) newspaper establishments as defined in s. 2(b) of the working journalists (conditions of service and miscellaneous provisions) act, 1955 (45 of 1965).'the employees' state insurance corporation, the appellants before us, told the respondent, which is a private .....

Rajaram N.S. Bandekar and Company Pvt. Ltd. and anr. Vs. Oriental Insu ...

Court : Mumbai

Reported in : 2009(3)BomCR852

..... the policy that the barge had a registered tandel only to give an impression that it was a seagoing vessel.13. section 19 of the marine insurance act, 1963 states that:a contract of marine insurance is a contract based upon the utmost good faith, and if the utmost good faith be not observed by either party, the contract may be avoided ..... deemed to know every circumstance which, in the ordinary course of business, ought to be known to him. if the assured fails to make such disclosure, the insurer may avoid the contract.sub-section (4) of section 20 provides that:whether any particular circumstance, which is not disclosed, be material or not is, in each case, a question of fact.14. ..... 13th july, 1987 and has further held that defendant no. 1 had failed to prove that the barge had sunk on 13th july, 1987 prior to the payment of premium.4. the learned trial court has also come to the conclusion that the agreement of sale under which possession was given by the plaintiff no. 1 to plaintiff no. 2 .....

M/S. Omarkhayyam Bar and Restaurant Vs. Deputy Regional Director, Sub ...

Court : Mumbai Nagpur

..... appellant-establishment, on facts, it was established that it was a factory within the meaning of section 2 (12) of the state insurance act and as such it attracted the provisions of the state insurance act. 4. not satisfied with this order, the appellant is before this court in this appeal. 5. this appeal has been admitted by this ..... is a factory as defined under section 2(12) so as to attract the provisions of the state insurance act in terms of section 1(4). section 2(12) of the state insurance act, as it stood prior to its substitution by the employees state insurance (amendment) act, 2010 (18/2010), with effect from 1.6.2010 reads as under: section 2(12) ..... by the state of maharashtra on 19.11.1976. according to the learned counsel for the respondent, the provisions of sub-sections (4) and (5) of section 1 themselves show that the state insurance act in the first instance applies to all the factories and then to other establishments, to whom it is made applicable by notification and, .....

Deorao Laxman Anande Vs. Keshav Laxman Borkar

Court : Mumbai

Reported in : AIR1958Bom314; (1958)60BOMLR217

..... shall be deemed to be a duly appointed medical practitioner for the purposes of chapter v of the act sub-rule (2) of rule 4 also states that an insurance medical practitioner shall be deemed to have been appointed as an insurance medical officer for the purposes of the regulations. the definition, therefore, refers to the selection of a ..... between the corporation and the state government, by which the corporation will hear 3/4 the of the cost of providing medical benefits to insured persons, while the remaining 1/4th will be borne by the state government.16. section 96 of the act empowers the state government to make rules. in exercise of this power, the state ..... rules made by the state government under section 96 of the act. rule 3 lays down the scale of medical benefits, one of which is 'general medical services, which shall include treatment at the clinic of an insurance medical practitioner''.sub-rule (1) of rule 4 states that the state government shall arrange to provide general medical .....

Munshaw Industries, Proprietor, Texind Corporation Pvt. Ltd. Vs. Emplo ...

Court : Mumbai

Reported in : 2005(2)ALLMR39; 2005(3)BomCR376; [2005(106)FLR346]; (2005)IILLJ112Bom

..... place in mumbai.3. on 4.631981, the insurance inspector of the employees state insurance corporation inspected the records of m/s. munshaw industries and found that contribution towards the employees state insurance corporation had remained unpaid by the appellant. on 22.12.1983, the corporation called upon the appellant to pay the contributions under the employees state insurance act since they employed 21 workmen in ..... the appellant to pay rs. 303338/- as contribution towards the employees state insurance.4. being aggrieved by this order, the appellant preferred an application under section 75 of the employees state insurance corporation act (for short, hereinafter referred to as 'the act') before the employees state insurance court on 2.4.1985 claiming that the act was not applicable to it. the appellant claimed that it employed only .....

Life Insurance Corporation of India Vs. Commissioner of Income-tax, Bo ...

Court : Mumbai

Reported in : [1979]119ITR900(Bom)

..... the facts which give rise to the present reference. in respect of the assessment year in question the surplus as per valuation in form i in sch. iv of the insurance act, 1938, was found to be rs. 23,41,03,423. the corporation claimed a deduction of rs. 3,64,026 on account of compensation paid to special ..... thereto and submit the report of the actuaries to the central government. how this valuation is to be made is provided in s. 13(1) of the insurance act, 1938, read with the provisions of the schedule. it is not necessary for our purpose in this case to refer to the details of the mode of valuation and ..... corporation were entitled to appoint chief agents and special agents for securing the life insurance business under the provisions of the insurance act, 1938. under s. 2(5a) of the insurance act, 1938, it was provided : '`chief agent' means a person who, not being a salaried employee of an insurer, in consideration of any commission - (i) performs any administrative and organising functions .....