Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Page 11 of about 1,365 results (0.482 seconds)

National Insurance Co. Ltd. Vs. Deivanai and ors.

Court : Chennai

Reported in : AIR2009Mad124

..... produce any document. but ex.p.3 is a clear evidence to show that only on 4.3.1992 the cheque was received. in this context it is stressed by the learned counsel for the claimants that by virtue of section 64(v)(b) of the insurance act 1938, the date of the cheque has to be taken into consideration for the purpose of ..... payment of premium. the said provision goes thus:(1) no insurer shall assume any risk in india in respect of any insurance business on which premium is not ordinarily payable outside india unless and until ..... been taken up by the tribunal with reference to the particulars available in the oral evidence on record and it reached a conclusion that under section 64(b) of the insurance act, the insurance company has to be held liable since on 2.3.1992 itself the banker's cheque for rs. 1,411/- was despatched by the bank.9. as far as .....

New India Assurance Co. Ltd. Vs. Union of India (Uoi) and ors.

Court : Delhi

..... provide for the establishment of an authority to protect the interests of holders of insurance policies, to regulate, promote and ensure orderly growth of the insurance industry and for matters connected therewith or incidental thereto and further to amend the insurance act, 1938, the life insurance corporation act, 1956 and the general insurance business (nationalisation) act, 1972.'28. the statement of objects and reasons ('sor') indicates that a need ..... is submitted that a reading of section 14(b) of the insurance regulatory development authority act ('irda act') together with section 64um(2), (3) & (4) of the insurance act indicates the wide powers of the irda to deal with such claims of the insurers. further, the appellate authority?s power is co-terminus with the power of the irda. reliance is placed on the judgment in jute corporation of india .....

1.Employees State Insurance Corporation Vs. Tower Readymades,

Court : Chennai

..... as an arrears of revenue.3. aggrieved over the above said proceedings, the respondent / petitioner filed an esiop.no.4/1993 under sections 75(1) and 77 of esi act, before the employees insurance court / district court, kanyakumari at nagercoil, seeking the relief as under:- a. to declare that the petitioner establishment ..... in the above said esiop.no.4/1993.7. the learned counsel appearing for the appellants mainly contended that the employees insurance court / principal district court failed to consider the fact that required persons were employed and therefore, the establishment is covered under the esi act. further, the employees insurance court / principal district court wrongly ..... and total 21 employers were working at the time of inspection and therefore, the above said establishment is covered under the provisions of employees state insurance act from 01.01.1991. per contra, the contention of the respondent / petitioner is that readymade shop running in the ground floor is a separate .....

National Insurance Co. Ltd. Vs. Indus Motor Co. (P) Ltd.

Court : Kerala

Reported in : IV(2005)ACC469; 2005(4)KLT391

..... of the ombudsman holding that complaint under rule 13 by a limited company is not maintainable.4. the insurance act, 1938 as amended by act 42 of 2002 and 11 of 2003 is an act to consolidate and amend the law relating to the business of insurance. section 114 of the act confers power on the central government to make rules. in exercise of the powers conferred under ..... sub-section (1) of section 114 of the insurance act, central government framed redressal of public grievances rules, 1998 .....

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 .....

New India Assurance Co. Ltd. Vs. Babita Mishra and ors.

Court : Delhi

..... age at the time of his death. (iii) since the employer had paid a sum of rs.2 lacs to the employee, the appellant-insurance company is liable for adjustment of this amount against the compensation granted.4. so far as the first argument of the commissioner having taken the minimum wages and not actual wage of rs.2500/-, when the attention ..... due and payable in law, and considering that there is only a difference of rs.57 between the figure of rs.4000/- as per explanation ii to section 4(1)(a) of the act and the figure of rs.4057/- taken by the commissioner, i do not think that it is necessary to disturb the finding of the commissioner taking the monthly ..... valmiki j.mehta to be referred to the reporter or not?. valmiki j.mehta, j (oral) 1. this first appeal is filed under section 30 of the employee s compensation act, 1923 impugning the judgment of the commissioner dated 9.9.2010 by which the claim petition filed by the claimants, respondents no.1 to 5 herein was allowed by awarding .....

Hind Offshore Pvt. Ltd. Vs. Iffco-tokio General Insurance Co. Ltd

Court : Supreme Court of India

..... and damages to the vessel discharge the respondent from any liability under the insurance policy as per section 35(3) of the marine insurance act, 1963. reliance has been placed in this regard on ranjan kumar and brothers v. oriental insurance co., (2020) 4 scc364 (e) it is further submitted that it is a settled principle ..... of law that a contract of insurance is based on the principle of ubberimae fide, as stipulated under section 19 of the marine insurance act, 1963. the appellant after receiving an amount of ..... decision in the case of sea lark fisheries vs. united india insurance company & anr., (2008) 4 scc131wherein the requirements of marine insurance policy and the implied warranty of seaworthiness was considered and it was also held that as per section 19 of the act, insurance is uberrimae fidei, which means that the issuance of the policy .....

Patel Roadways Limited Vs. Birla Yamaha Limited

Court : Supreme Court of India

Reported in : 2000(3)CTC59; JT2000(3)SC618; (2000)125PLR816; 2000(2)SCALE559; (2000)4SCC91; [2000]2SCR665; 2000(2)LC887(SC)

..... the conspectus of views taken in the decisions of different high courts noted above it is clear that the liability of a common carrier under the carriers act is that of an insurer. this position is made further clear by the provision in section 9, in which it is specifically laid down that in a case of claim of ..... or some person duly authorised in that behalf, shall have expressly declared to such carrier or his agent the value and description thereof.9. in section 4 of the said act it is laid down that such carrier may require payment for the risk undertaken in carrying property exceeding in value one hundred rupees and of the description ..... filed this appeal under section 23 of the consumers protection act.4. the main thrust of the submissions of shri ashok desai, learned senior counsel appearing for the appellant was that section 9 of the carriers act in terms does not apply to a proceeding under the consumer protection act. according to shri desai the provision applies only to suits .....

All India I.T.D.C. Employees' Union, Branch Officer, Hotel Jaipur Asho ...

Court : Rajasthan

Reported in : [2006(110)FLR798]; (2006)IIILLJ271Raj; RLW2006(2)Raj1462; 2006(3)WLC120

..... while not interfering with the impugned notification under writ jurisdiction, gave liberty to the concerned employees to seek remedy under the provisions of employees state insurance act itself. the employees state insurance corporation was also given liberty to pass necessary orders in regard to waiving the contribution for the period the interim order passed by the court was ..... by the management as per relevant rules. it has further been submitted that in view of the interim order passed by this court way back on 15.4.1997, the esi contribution has not been deducted so far. if directions issued by division bench as referred above are now followed, it would result in ..... to fill up requisite forms at the earliest. this court, while issuing notices, stayed the operation of the notification dated 9.1.1997 vide order dated 15.4.1997. 2. learned counsel for the parties submitted that the controversy under the exact similar circumstances has already been decided at the main seat in case of all .....