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Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 10 separation of accounts and funds Page 9 of about 1,365 results (0.367 seconds)

Jan 28 2020 (SC)

Shree Ambica Medical Stores Vs. The Surat Peoples Co-Operative Bank L ...

Court : Supreme Court of India

..... bank deposited the amount in the appellants account. 22 section 64(vb) of the insurance act 1938 provides as follows: 64vb. no risk to be assumed unless premium is received in advance. (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 the premium ..... 1124, basement, meghdoot apartment, surat. the address mentioned in the policy for 2004-05 differs from that of 2005-06. the insurer proceeded on the basis that this was a fresh contract of insurance . the 4 air1966sc164411 insurance policy for 1 august 2005 to 31 july 2006 was issued with the exclusion of stfi perils. this is clear from the ..... the bank in the appellants account. hence for 2005-06, the policy cover of rs 60 lakhs extended to fire and allied perils but specifically excluded stfi perils. 4 8 on 7 august 2006, the city of surat was hit by floods. the appellants claim that as a result of the floods the goods which were stored .....

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May 04 1942 (FN)

United States Vs. Citizens Loan and Trust Co.

Court : US Supreme Court

..... paid to the estate of the insured the monthly installments payable and applicable under the provisions of article iv of the war risk insurance act [act of october 6, 1917, c. 105, 40 stat. 398, 409]. . . . [ footnote 4 ]" the world war veterans' act of 1924 [ footnote 5 ] superseded the war risk insurance act of 1917 and its amendments. it ..... provided, in 303: "if no person within the permitted class of beneficiaries survives the insured, or ..... will be spoken of as the critical event in our discussion. [ footnote 4 ] 407, 42 stat. 148. [ footnote 5 ] c. 320, 43 stat. 607. [ footnote 6 ] 43 stat. 1310. [ footnote 7 ] the insurance contract is expressly made subject to the war risk insurance act of 1917, and all amendments thereto. see white v. united states, .....

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Dec 21 2001 (HC)

The Regional Director, Employees' State Insurance Corporation, Bangalo ...

Court : Karnataka

Reported in : [2002(93)FLR1037]; ILR2002KAR1768; 2002(3)KarLJ161

..... as under:'para 10.--it would thus be seen that the cause of action for contribution would arise only after the decision by the insurance court in the proceedings is laid under section 75 of the act. until then, the cause of action cannot be said to have arisen. in other words, there is no bar of limitation. it ..... 1-11-1988 directing the employers to pay the arrears of contribution in respect of employees for the period from 1-4-1979 to 31-3-1982. this was objected by the employer. however, after an enquiry the insurance court held that the corporation had demanded the contribution without affording any opportunity to the employer to explain their case. ..... amendment has come into force in the year 1989 and therefore the provision regarding limitation do not apply to the contribution, which was due for the period 1975-1985.4. according to the learned counsel for the respondent herein the show-cause notice is dated 21-2-1990, subsequent to the amendment. therefore, the claim beyond 5 years .....

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Jul 23 1999 (HC)

Oriental Insurance Co. Ltd. Vs. Vedathal and anr.

Court : Chennai

Reported in : II(2000)ACC34; 2001ACJ2022

..... policy would only be the date of receipt of the premium.27. as stated earlier, a bare reading of section 64-vb of the insurance act, 1938 would make it manifestly clear that the insurance coverage should start from the date of the payment of premium whether in cash or by cheque or by money order. the 'explanation' ..... , relax the requirements of sub-section (1) in respect of particular categories in insurance policies.22. the words used in sub-section (1) of section 64-vb of the insurance act, 1938, '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 the premium ..... court cases 680.(4) united india insurance co. ltd. v. tulsi bai (mp).(5) bhal nalkantha khadi v. jayantilal 1996 acj 976 (gujarat).(6) kishore singh v. bharat singh 1987 acj 700 (rajasthan);would clearly say, in the light of section 64-vb of the insurance act, 1938, that the risk on the part of the insurer will commence only on .....

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Dec 25 2003 (HC)

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

Court : Chennai

Reported in : 2006ACJ700; 2004(1)CTC401; (2004)2MLJ296

..... no application to the facts of the present case, as it deals with the effect of subsequent cancellation of insurance policy on the ground of non-payment of premium.10. according to section 64vb of the insurance act, 1938, hereinafter called the act, no risk to be assumed unless premium is received in advance. to appreciate the said provision, it is ..... m. on 15.6.1998, they are not liable to pay the compensation on the basis of the insurance policy.4. according to the learned counsel for the 1st respondent, they gave the cheque, towards premium for getting the insurance policy on 12.6.1998. the tribunal also has come to such a conclusion in paragraph 30 of the ..... liable to meet the risk. learned counsel for the 1st respondent submitted that according to sub-section (4) of section 64vb of the act, if an insurance agent collects a premium on a policy of insurance on behalf of an insurer, the insurer is liable to pay the compensation. the said provision does not speak so and does not create any .....

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Jul 28 2011 (TRI)

Royal Sundaram Alliance Insurance Co. Ltd., Rep. by Its Branch Manager ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... the conditions in the policy copy ex.b1 i.e. imt.28 and 39 it is clear that the employer/insured should satisfy the claims under workmen compensation act and then approach insurer by way of reimbursement. the district forum relied on section 4 of policy ex.b1 and has awarded rs.2 lakhs and this actually falls under owner cum driver wherein the ..... the case of the appellants/opposite parties that there is no statutory liability on the insurance company and that the statutory liability is under workmen compensation act and it is on the employer and the policy is a matter of contract between the insurance company and the insured. section 4 of the policy (ex.b1) under the heading of the personal accident coverage for owner .....

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Jul 24 2017 (HC)

M/S m.c.g.d. Zines Pvt. Ltd. Vs.united India Insurance Co. Ltd.

Court : Delhi

..... stated that there must be sufficient ground to disagree with the findings of surveyor/surveyors. there is no prohibition in the insurance act for appointment of second surveyor by the insurance company, but while doing so, the insurance company has to give satisfactory reasons for not accepting the report of the first surveyor and the need to appoint second ..... (2009) 1 scc267 (ii) nathani steels limited vs. associated constructions 1995 supp (3) scc324 (iii) state of maharashtra vs. nav bharat builders 1994 supp (3) scc83 (iv) messrs p.k. ramaiah and company vs. chairman and managing director, national thermal power corporation 1994 supp (3) scc126 (v) m/s bhagwati prasad pawam kumar vs. union ..... shelf life of the machinery and so on. once the surveyor has taken one particular method, and that method is one of rfa no.644/2017 page 4 of 9 the methods possible in law, unless and until grave reasons are found to dispute the surveyors report, courts normally do not interfere with the valuation .....

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Nov 08 1977 (HC)

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 .....

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Oct 17 2003 (HC)

Vijaya Spinning Mills Limited Vs. Employees State Insurance Corporatio ...

Court : Andhra Pradesh

Reported in : 2004(1)ALD274; (2004)IILLJ46AP

..... in the above-referred decision was on claiming status of regular workmen by the employees working in the canteens maintained by the contractors. the provisions of employees state insurance act, 1948 are not referred in the cited decision. in the third cited decision, delhi high court held that the members of the co-operative society are not ..... members of the committee of co-operative canteen, it cannot be considered that there was a direct link to manage or supervise the canteen by the company.4. the learned standing counsel for the respondent-corporation contends that it was the statutory obligation on the part of the appellant to maintain canteen and it was ..... incidental to the main business, the principal employer is liable to deposit e.s.i, contribution as the labour would fall within the meaning of section 4(i) of the act. admittedly, in the instant case, the labour were employed in the premises of the principal employer and therefore the principle laid down by the supreme court .....

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Jan 24 2003 (HC)

E.S.i. Corporation Vs. Fertilisers and Chemicals Travancore Ltd.

Court : Kerala

Reported in : 2003(2)KLT469; (2003)IIILLJ365Ker

..... the establishment of the respondent. the workers were doing loading and unloading works entrusted by the warehousing corporation. so they are employees of the respondent under the employees state insurance act.3. pw. 1 is the assistant finance manager of fact now working at hyderabad. he has deposed that during 1987-88 he was the accounting officer at pune and ..... regarding the pune regional office. he has reported that during the year 1986-87 towards handling charges and sundry charges more than 2 lakhs rupees was paid by the applicant.4. it is clear from the evidence that even after the closure of the pune regional office, the appellant has paid more than rs. 2 lakhs as sundry charges. ..... . the next question to be considered is whether the claim is barred by limitation. the order of assessment was passed by the appellant as per ext.pl dated 30.4.1992. it is stated that it relates to the period from 1984 to 1987. as per the lower court, since the assessment was made after inspection on 10.1 .....

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