Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Court: supreme court of india Page 10 of about 260 results (0.442 seconds)

Life Insurance Corporation Of India Vs. Dravya Finance Pvt. Ltd. .

Court : Supreme Court of India

..... ltd. & ors. respondents judgment abhay s. oka, j.factual aspects1 under section 38 of the insurance act, 1938 (for short, the insurance act ), an insured who is holding a policy of life insurance issued by the appellant life insurance corporation of india (insurer) is entitled to transfer or assign the policy with or without consideration by an endorsement upon the ..... witness. unamended sub-section (2) of section 38 provided for service of notice in writing of transfer or assignment to the insurer in a manner set out therein. unamended sub-section (4) of section 38 provided that upon receipt of a notice of transfer or assignment under sub-section (2) of section 38, ..... of assignment or transfer) regulations, 2015 have been made in accordance with the powers conferred by section 114a of the insurance act. the regulations were brought into force on 29th april 2015. regulations 3 and 4 of the said regulations read thus: fee for granting acknowledgement of notice of assignment or transfer: (3) an .....

Pandhyan Insurance Co. Ltd. Vs. Commissioner of Income-tax, Madras

Court : Supreme Court of India

Reported in : AIR1965SC1004; [1965]35CompCas268(SC); [1965]55ITR716(SC); [1965]1SCR367

..... and appreciation of the value of investments shall be dealt with as provided in rule 3 for the business of life insurance.' 8. mr. viswanatha sastri contends that the insurance act, 1938 (4 of 1938), makes detailed provisions to ensure the true valuation of assets and the determination of the true balance of profits of an ..... 6. the profits and gains of any business of insurance other that life insurance shall be taken to be the balance of the profits disclosed by the annual accounts, copies of which are required under the insurance act, 1938 [4 of 1938], to be furnished to the controller of insurance after adjusting such balance so as to exclude from it ..... any expenditure other than expenditure which may under the provisions of section 10 of the act be allowed for in computing the profits and gains of .....

Dr. Vimla Vs. Delhi Administration

Court : Supreme Court of India

Reported in : AIR1963SC1572; 1963CriLJ434; [1963]Supp2SCR585

..... requisite forms and the receipts in the name of nalini, as, by so signing, she did not intend to cause injury to the insurance company. in other words, the contention was that a person does not act fraudulently within the meaning of s. 464 unless he is not only guilty of deceit but also he intends to cause injury to the ..... advantage either pecuniary or otherwise by signing the name of nalini in any of the said documents nor the insurance company incurred any loss, pecuniary or otherwise, by dealing with dr. vimla in the name of nalini. the insurance company would not have acted differently even if the car stood in the name of dr. vimla and she made the claims and ..... received the amounts from the insurance company in her name. on the said facts, the question that arises in this case is whether dr. vimla was guilty of offences under sections 463 and 464 of the india penal code. 4. learned .....

Madhukar G.E. Pankakar Vs. Jaswant Chobbildas Rajani and ors.

Court : Supreme Court of India

Reported in : AIR1976SC2283; (1977)1SCC70; [1976]3SCR832

..... to diametrically opposite conclusions thus proving the wide judicial choice available depending on the perspective, the import and the objections one accepts from the two enactments viz. the municipal act and the insurance act. it is a context purpose quandary. 26. chainani j., speaking for the court set out the true approach thus page 318, para 12:in our opinion, the principal tests ..... , made common cause and filed two election petitions challenging the declaration in favour of the appellant, dr. parulekar, who was the successful candidate winning by a large plurality of votes. 4. the resume of relevant facts sufficient to appreciate the contentions may straightway be set out. we are confining as suggested by counsel, to the twin appeals relating to bassein since .....

Chairman-cum-managing Director, United India Fire and General Insuranc ...

Court : Supreme Court of India

Reported in : AIR1985SC1405; [1985(51)FLR354]; (1985)IILLJ580SC; 1985(2)SCALE123; (1985)3SCC686; 1985(17)LC825(SC)

..... day, all the shares in the capital of every indian insurance company shall, stand transferred to and vested in the central government ..... as it related to the general insurance business carried on by it.' 'indian insurance company' was defined to mean 'an existing insurer having a share capital who is a company within the meaning of the companies act'. 'corporation' was defined to mean 'the general insurance corporation of india to be formed under section 9 of the act.' section 4(1) of the act provided that 'on the appointed .....

National Insurance Co. Ltd., Chandigarh Vs. Nicolletta Rohtagi and ors ...

Court : Supreme Court of India

Reported in : 2002ACJ1950; AIR2002SC3350; 2002(6)ALD1(SC); 2002(4)ALLMR(SC)874; 2002(6)ALT43(SC); 2003(1)AWC23(SC); 2002(3)BLJR2143; (2003)95CALLT157(SC); 95(2003)CLT157(SC); [2002]112Co

..... 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 thecorresponding law of the reciprocating country) shall be liable to the person entitled to the ..... time 'the third parties' rights against insurance act 1930' was enacted in england. the provision of the said act finds place in section 97 of 1939 act which gave to third party a rights to sue directly against the insurer. subsequently, 'the road traffic act 1930' was enacted which provided for the compulsory insurance of motor vehicles. the provision of ..... award on merits and the appeal would be maintainable.we have already held that unless the conditions precedent specified in section 170 of 1988 act is satisfied, an insurance company has no right of appeal to challenge the award on merits. however, in a situation where there is a collusion between the claimants .....

United India Insurance Co.Ltd. Vs. Laxmamma and ors.

Court : Supreme Court of India

..... . ramasesh, learned counsel for respondent no. 4 (owner) supported the view of the high court. he submitted that on the date of the accident, the policy was subsisting and the liability of the insurer continued and, therefore, the insurer cannot recover the amount paid to the claimants from the insured.7. section 64-vb of the insurance act, 1938 (for short, insurance act) provides as under: 64-vb. no ..... risk to be assumed unless premium is received in advance.-a. no insurer shall assume any risk in india in respect of any .....

Mcleod Russel India Limited Vs. Reg.Prov.Fund Comm.,jalpaiguri and ors ...

Court : Supreme Court of India

..... enabling provision and did not intend to make levy of damages mandatory. we shall reproduce for facility of reference and comparison, the statutory provision of esic act, 1948 to spotlight the legal nodus with which we are presently engrossed 85b. power to recover damages. (1) where an employer fails to pay ..... regulations, and in addition thereto levied damages in terms of section 85b of the employees state insurance act, 1948 ( esic act for brevity). section 85b of the esic act is essentially para materia section 14b of the epf act, and therefore this decision assumes great importance. the submission of the hmt management was that damages ..... 4 of the sick industrial companies (special provisions) act, 1985 (1 of 1986), subject to such terms and conditions as may be specified in regulations. (2) any damages recoverable under sub-section (1) may be recovered as an arrear of land revenue or under section 45c to section 45-i. 8 in hmt ltd., this court noted the beneficial nature of the esic act .....

United India Insurance co.ltd. Vs. Hyundai Engineering and Constructio ...

Court : Supreme Court of India

..... of the occurrence, our company had deputed mr. s ananta padmanabhan, a duly licensed and well experienced civil engineer surveyor for detailed survey as required by insurance act. the surveyor had visited the site on various occasions and was contact and correspondence with you when various particulars, information and records were obtained. besides enquiries ..... urged that the impugned judgment cannot be countenanced and that the high court ought to have dismissed the original petition filed by the respondents under sections 11(4) & 11(6) of the act read with rule 2 of the appointment of arbitrators 1 (2017) 9 scc7292 2016 scc online mad 9141 : (2016) 3 ctc761: (2016) ..... any difference shall arise as to the quantum to be paid under this policy (liability being otherwise admitted) such difference shall independently of all other questions be 4 referred to the decision of an arbitrator to be appointed in writing by the parties in difference, or if they cannot agree upon a single arbitrator to .....

Vimla Devi . Vs. The National Insurance Company Limited .

Court : Supreme Court of India

..... fir, charge sheet, site plan, post mortem report of the deceased, registration of truck no.hr a 7729, insurance coverage, mechanical inspection report, copy of notice issued to the owner under section 133 of the act etc. 4 9. so far as the driver and owner of the offending truck are concerned, since inception both remained ex parte ..... in the proceedings. so far as the insurance company (insurer) is concerned, they alone entered appearance and filed the written statement. the insurance company, however, contended inter alia in ..... adversarial lis in the traditional sense but it is a proceeding in terms of and regulated by the provisions of chapter xii of the act, which is a complete code in itself. (see united india insurance company ltd. vs shila datta & ors., 2011 (10) scc509.25. keeping in view the aforementioned principle of law when we .....