Court : Mumbai
Reported in : AIR1997Bom7; 1996(4)BomCR100; [1998]91CompCas871(Bom)
..... has come into operation from december 10, 1985, provides that conveyance includes every decree or final order of any civil court. clause (g)(iv) is added by the maharashtra act no. 17 of 1993 which has come into operation from april 1, 1993. before appreciating the contentions raised, it would be appropriate to ..... transferred, limited, extended, extinguished or recorded, but does not include a bill of exchange, cheque, promissory note, bill of lading, letter of credit, policy of insurance, transfer of shares, debenture, proxy and receipt. therefore, the amalgamation scheme sanctioned by the court would be an instrument within the meaning of section 2(l). the ..... that is to say, rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts. by the sanctioning of amalgamation scheme, the property including the liabilities are transferred as provided in sub-section (2 .....
Tag this Judgment!Court : Mumbai
Reported in : (1946)48BOMLR123
..... the appellants were entitled to commission on renewal premiums on life policies effected through their agency after the termination of their appointment.(4) whether the appellants were entitled to commission on renewal premiums under the provisions of the indian insurance act (iv of 1938) after the termination of their appointment.(5) whether the appellants were entitled to retain and cash a cheque for; rs. 75 ..... after the termination of the contract under the indian insurance act of 1938 which came into force on july 1, .1939. the material provisions of that act as modified up to july 28, 1941, are the following:-section 2. in this act, unless there is anything repugnant in the subject or context,-(8) 'insurance company' means any insurer being a company, association or partnership which may be .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(2)BomCR260
..... and king company at adhyaru industrial estate, sun mills compound, lower parel, bombay, filed and application under section 75 of the employees state insurance act, before the employees insurance court. it appears from the record that on 14th of march, 1978 neither the applicant nor his advocate remained present in court, therefore, the employees ..... dajisaheb ghatge v. the state of maharashtra, therefore, for deciding the question as to whether the employees state insurance court constituted under the employees state insurance act, 1948 is a court or not, the provisions of the said act will have to be scrutinised in the context of these well-established criteria.5. for deciding the dispute ..... 3 of the limitation act is made subject to the provisions of sections 4 to 24, which includes section 5 of the said act. therefore, the provisions of section 5 must apply to an application filed under rule 26(5) of the rules. even if it is held that the employees state insurance act, 1948 read with rule .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1944Bom166; (1944)46BOMLR279
..... , whether d.j. medora & co. were entitled to commission on the renewal premia (3) whether their right to such commission in any event was safeguarded by the provisions of the insurance act (iv of 1938) (4) whether the notice given by the respendent-company was sufficient, and, if not, whether the decision of the trial court, allowing two years' notice as reasonable, was proper ?22 ..... previously taken out in their sphere of operations ; secondly, if the answer is in the negative, then whether the appellants are entitled to the benefit of section 44 of the insurance act of 1938 ; and, thirdly, what notice, if any, they are entitled to on the termination of the relationship, the appellants contending that they are entitled to three years' noticef and the .....
Tag this Judgment!Court : Mumbai
Reported in : [1977]110ITR815(Bom)
..... be taken to be the balance of the profits disclosed by the annual accounts, copies of which are required under the insurance act, 1938 (iv of 1938), to be furnished to the controller of insurance, subject to the following adjustments : (a) subject to the other provisions of this rule, any expenditure or allowance which is not admissible under the provisions of sections 30 to 43a ..... to the income-tax authorities to add back a portion of such expenses of the assessee on the ground that it exceeded the limit prescribed under section 40c of the insurance act, 1938. 4. on the first question the learned counsel for the commissioner has taken us through the relevant provisions of the indian income-tax .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)81BOMLR512
..... the benefits which a clerk was getting under the said award were more beneficial than the benefits which he is entitled to get under the employees' state insurance act. the employees' state insurance act was enacted by the legislature to achieve the object of doing social justice to the workmen employed in various factories and establishments and therefore it squarely fell within ..... c.p.e. asson., madras v. k.c.p. ltd. a.i.r.[1978] s.c. 474 in industrial law, interpreted and applied in the perspective of part iv of the constitution, the benefit of reasonable doubt on the law and facts, if there be such doubt, must go to the weaker section, labour. further it is well- ..... to recover an amount of rs. 1,291 towards sick leave benefit. it is this order of the labour court which is challenged before us in this writ petition.4. shri b. n. srikrishna the learned counsel appearing for the petitioner contended before us that the labour court committed an error in coming to the conclusion that the full .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)BomCR471; (2000)IILLJ355Bom
..... has set aside the order of the deputy regional director passed under section 45-a of the employees' state insurance act, 1948 (hereinafter called as 'the said act') on 17-4-1986. by the said order, the respondent was called upon to contribute an amount of rs. 8,978.80 for a period from 1-3-1984 ..... the remaining amount was paid to the respective counter-holders. on the basis of information collected, the said order dated 17-4-1986 was passed and being aggrieved, the respondent preferred appeal under section 75 of the said act. before the insurance court, the respondent examined mr. virgilio velho, mrs. wilma cabral, mr. sitaram yeshwant karapurkar, mr. suryakant v. kavlekar ..... matter certainly justify interference of this court in exercising its powers under section 82 of the said act.4. section 82 of the said act provides that save as expressly provided in that section, no appeal shall lie from an order of an insurance court and that an appeal can lie to the high court from an order of the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1994Bom209; 1994(4)BomCR297; 1995(2)MhLj127
..... are either of the like kind or may be designated by the policy.a reading of the definition of 'marine insurance' contained in the marine insurance act of 1963 and 'marine insurance business' contained in the insurance act of 1938 clearly goes to show that in the insurance act of 1938, the expression 'marine insurance business' has been used in much wider sense to mean the business of effecting contracts of ..... losses i.e. losses incidental to marine adventure. it is only by virtue, of section 4 of said act that a contract of marine insurance under the said act may cover mixed sea and land risks. section 4 of the marineinsurance act, 1963 provides as under:4. (1) a contract of marine insurance may, by its express terms, or by usage of trade, be extended so as to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1958Bom451; (1958)60BOMLR318
..... the imperial bank of india. that expression has also been used in section 2 (kk). by that section an insurance company has been defined to mean an insurance company as defined in section 2 of the insurance act, 1938 (iv of 1938) having branches or other establishments in more than one state. the expression 'establishment' is also used in section 2 ..... employee was employed wholly or mainly in connection with the controlled business of an insurer immediately before the appointed day the question shall be referred to the central government whose decision shall be final. (4) notwithstanding anything contained in the industrial disputes act, 1947 (14 of 1947), or in any other law for the time ..... is annexed to the petition and marked ex. e.4. the petitioners contend that by virtue of the provisions of section 18(c) of the industrial disputes act, 1947, as well as by virtue of the provisions of section 11(1) of the life insurance corporation act, 1956. the terms and conditions of service as embodied .....
Tag this Judgment!Court : Mumbai
Reported in : 1999ACJ116; 1998(4)ALLMR278; 1998(4)BomCR837; [2000]101CompCas29(Bom); 1998(3)MhLj537
..... life insurance corporation when the cheque was encashed on 21-9-1987 is not well-founded for more than ..... deposit. the prospectus issued by the life insurance corporation to the general public mentions about this and clarifies that the amount forwarded at the time of proposal is only deposit and not payment of premium. 4. it is first to be noted that the reliance of the petitioners on section 64-vb of the insurance act, 1938 for contending that risk is undertaken by the .....
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