Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Page 2 of about 1,365 results (0.341 seconds)

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 .....

Bangalore Turf Club Ltd. Vs. Regional Director, Esi Corporation

Court : Supreme Court of India

Reported in : 2009(6)KLJ291(D.B); AIR2009SC2965; [2009(121)FLR1115]; JT2009(14)SC157; 2009(6)KarLJ291; (2009)IIILLJ570SC; 2009(6)SCALE404; 2009(5)LC2059(SC); 2009(5)AIRKarR391; 2009AIRSCW4738

..... in these cases is whether the appellant turf clubs axe covered by the employees' state insurance act, 1948 (for short the 'esi act').3. under section 1 sub-section (5) of the esi act all establishments are not automatically covered by the said act but only such establishments as are mentioned in the notification issued by the appropriate government under ..... section 1(5). this provision is not like sub-section (4) of section 1 by which all factories are automatically covered by the esi act. the notifications issued under section 1(5) in these cases use the word 'shop' and it has been held ..... turf clubs are shops. reliance in this behalf has been placed on the judgment of this court in the case of employees state insurance corporation v. hyderabad race club : (2004)iiillj547sc .4. with great respect to the aforesaid decision in the case of hyderabad race club (supra), we think that the said decision requires .....

Gyan Prakash Vs. General Manager, Ordnance Factory and ors.

Court : Madhya Pradesh

Reported in : AIR2007MP118

..... appearing in person submitted that under sub-section (1) of section 4 of the public liability insurance act, 1991 (for short 'act'), every owner is under obligation to take out, before he starts handling any hazardous substance, one or more insurance policies providing for contracts of insurance whereby he is insured against liability to give relief under sub-section (1) of section ..... mr. d'silva is also quoted hereinbelow:10. extent of liability.-- (1) subject to the provisions of sub-section (2a) of section 4 of the act, the maximum aggregate liability of the insurer to pay relief under an award to the several claimants arising out of an accident shall not exceed rupees five crores and in case of ..... or damage to any property as a result of any accident in the ordnance factory, katni.14. sub-section (2-a) of section 4 of the act quoted above provides that no insurance policy taken out or renewed by an owner shall be for an amount less than the amount of the paid up capital of the .....

Plasto-form (India) Vs. Controlling Authority (Under Payment of Gratui ...

Court : Kolkata

Reported in : [2007(113)FLR266],(2007)IILLJ993Cal

..... office of the firm taken together, having exceeded ten or more, provisions of the payment of gratuity act, 1972 would apply to it, particularly when provisions of the employees' provident funds and miscellaneous provisions act, 1952 and the employees' state insurance act, 1948 had been applied to it.5. the case of the petitioner that provisions of the other ..... , particularly when the third respondent was appearing in person (as i am told by her counsel).6. in terms of provisions in section 7(4)(c) of the payment of gratuity act, 1972 it was the statutory duty of the controlling authority to make due enquiry for determining the matters in dispute. provisions in the west bengal ..... the employer, to prove its case by leading oral and documentary evidence or to face consequences. it must be held that the provisions in section 7(4)(c) and rule 11(4) cast such an obligation.7. how the dispute before the authority is to be determined effectively, is to be decided by the authority himself, and he .....

Employees' State Insurance Corporation, Regional Office (Karnataka), B ...

Court : Karnataka

Reported in : 2003ACJ577; [2002(92)FLR1177]; ILR2002KAR448; 2002(1)KarLJ379; (2002)ILLJ979Kant

..... passed by the esi court on the ground that as on the date of accident on 12-4-1990, the respondent 1-employee was not at all an employee within the meaning of section 2(9) of the employees' state insurance act, 1948 (for short the 'esi act'). it was also argued by him that the wages of the respondent 1 came to be raised ..... from es. 1,600/- to rs. 1,765.14 ps. and that raise came exactly on 1-4-1990 and therefore, it is clear from the fact that as ..... , on the other side, argued that no doubt the accident in question had taken place on 12-4-1990, when he could not be an employee, under the esi act; but his party had since paid the insurance contribution for the contribution period i.e., 1-4-1989 to 30-9-1989, his party was entitled to for the esi benefit for the corresponding benefit .....

Ramesh Singh and anr. Vs. Chinta Devi and ors.

Court : Patna

..... . it was pointed out that the same approach had been adopted by the supreme court while construing the provisions of the act in motors owner's insurance co. ltd. v. jadavji keshavji modi, (1981) 4 scc 660 : (air 1981 sc 2059) and skandia insurance co. ltd. v. kokilaben chandravadan, (1987) 2 scc 654 : air 1987 sc 1184. 15. the harassment caused ..... 133) it was held that under the old act there were no requirements of deposit by the person preferring an appeal in ..... . ultimately it was held that by virtue of section 6(c) of the 1897 act the right of the appellant to get his application considered and decided in accordance with law was saved by section 217(4) of 1988 act. 7.10 in the case of oriental insurance company ltd., haldwani v. dhanram singh, air 1990 all 104 : (1990 all lj .....

Radhabehn and ors. Vs. Mulji Kanji Dhord and ors.

Court : Gujarat

Reported in : 1994ACJ404

..... weighed heavily with the learned single judge of the madhya pradesh high court is that in the policy of insurance in that case, the insurer had not excluded its liability under section 4-a of the wc act and, therefore, the insurance company was liable to pay the penalty also. with respect, we are not in a position to subscribe ..... agree with the learned judge of the delhi high court and say that for the liability of the employer for penalty under section 4-a of the wc act, the insurance company cannot be held responsible.37. in oriental insurance co. ltd. v. jevaramma 1988 acj 671 (karnataka), the division bench of the karnataka high court was also called upon ..... no. 1 though duly served has not entered appearance.12. the debate at the bar mainly centred round the question whether the insurance company would be liable to pay penalty under section 4-a of the wc act. of course, other questions were also canvassed at the bar. before we take up this central issue which was canvassed before us .....

Oriental Insurance Co. Ltd. Vs. Inderjit Kaur and ors.

Court : Supreme Court of India

Reported in : 1998ACJ123; 1998(1)BLJR697; [1998]91CompCas306(SC); JT1997(9)SC760; (1998)IMLJ78(SC); (1998)118PLR192; (1998)1SCC371; [1997]Supp6SCR255

..... s widow and minor sons tiled the claim petition. the appellant denied the claim asserting that under the terms of section 64vb 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 ..... appellant before the high court of punjab & haryana was summarily dismissed, and it is that order which is now under challenge.4. mr. jitender sharma, learned counsel for the appellant, relied upon section 64vb of the insurance act. it reads thus :'64-vb. no risk to be assumed unless premium is received in advance - (1) no ..... 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 .....

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 .....