Array ( [0] => ..... of section 149(4) of the act of 1988 is to be treated as void.(v) in addition it is submitted that learned ..... )a. mfa 8242 to 8249/04:the nomenclature of the policy of insurance ex. r 1 is shown as 'a policy for act liability' and the certificate appended to it states 'policy 'a' act only' issued on 27.4.1994 effective for the period from 27.4.1994 to 26.4.1995 (accident occurred on 17.3.1994), the net premium of rs. ..... damage to rs.6,000/-under section 147(2)(b).(iv) it is submitted that since section 147 of the motor vehicles act, 1988 provides for only one kind of policy that is compulsory to meet the requirements of the act, the insurance companies cannot be permitted typify a policy of insurance as 'act policy' or 'liability only policy,' which in the context ..... [1] => ..... and mistake has been found in the jonga vehicle and present one was a matter under the new motor vehicles act, therefore, liability of the insurance company was unlimited; and not limited to rs. 50,000/- only. the entire consideration in issue no. 4 reads thus:pwafd nq/kzvuk esa e`r;q lat; dqekj dh gqbz gs tks ek:fr xkm+h ..... was a taxi, the case would be covered by section 95(2)(c) and the liability of the insurance company would be the amount of liability incurred, even though it is an 'act only' policy.32. in this view of the matter, issue no. 4 deserves to be decided against the appellant. though the tribunal has proceeded to decide the said issue in ..... in point of time, according to the proviso, the policy under the old act shall continue to be effective in the case in hand. thus, in view of the proviso the liability of the appellant-insurance company would be limited to a sum of rs. 1,50,000/- only.4. accordingly, the appeal is allowed, impugned orders passed by the division bench as ..... [2] => ..... has to take out a licence to practise and has to pay fees for such licence. under s. 64um(1)(d) of the insurance act, 1938 unless a person has been practicing as a surveyor prior to october 26, 1968, he must hold a degree of a recognised university in a branch of ..... contended that the petitioners carry on business for gain and fall within the definition of a commercial establishment in s. 2(4) of the shops act. there is no dispute about the nature of the work done by an insurance surveyor. the only question to be determined is whether the petitioners fall within the definition of a 'commercial establishment' under ..... standards of professional conduct and etiquette are prescribed for surveyors. sub-section (1)(d) of s. 64um applies the provisions of s. 43(4) applicable to insurance agents also to surveyors. section 42(4) of the insurance act provides that a surveyor would be disqualified if he is a minor, a person of unsound mind or has been convicted of criminal misappropriation, ..... [3] => ..... , 1975 the schedule was amended so that the areas in which the establishments were situated was now stated to be 'all areas of the state where chapters iv and v of the employees' state insurance act, 1948, are in force.'6. on 18th september, 1978 respondent 1 issued the impugned notification. the notification stated that respondent 1 in consultation with respondent 2 and ..... called the employees' state insurance act, 1948. (2) it extends to the whole of india. (3) it shall come into force on such date or dates as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act and for different states or for different parts thereof. (4) it shall apply, in ..... [4] => ..... will do it? therefore one should do what is good to himself.' 7.4. in kirloskar brothers limited vs. employees' state insurance corporation, 1996 air scw 2296, dealing with the very employees' state insurance act, 1948, the supreme court observed thus:'10. in expanding economic, activities in liberalised economy part iv of the constitution enjoins not only the state and its instrumentalities but even private ..... industries to ensure safety to the workmen and to provide facilities and opportunities for health and vigour of the workman assured in relevant provisions in part iv which are integral ..... [5] => ..... 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 w.c. 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 ..... 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 w.c. act and, therefore, the insurance company was liable to pay the penalty also. with respect, we are not in a position to subscribe ..... 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 w.c. act. of course, other questions were also canvassed at the bar. before we take up this central issue which was canvassed before ..... [6] => ..... termination passed against the 2nd respondent-workman ('the workman' for short) is violative of section 25f of the industrial disputes act ('the act' for short) and the provisions of section 73 of the employees' state insurance act and therefore, be was entitled to be reinstated with continuity of service and back wages.the facts are not in serious ..... amounted to an order of punishment for his alleged continuous absence and therefore, the termination of his services without an enquiry under annexure-a was bad-in-law.4. the learned counsel for the petitioner, mr. kasturi raised the following contentions in support of the challenge to the impugned order. according to him, (a) ..... exercised its power when the workman had been absent from work for a continuous period of 6 months. therefore, it cannot be said that standing order no. 17.4 would conflict with regulation 98, on the facts of this case. therefore, the first requirement of regulation 98 (1) is satisfied by the petitioner. but the ..... [7] => ..... government could exercise the power vested in it under, the provisions of section 74 of the act; lastly it was contended by the learned counsel that the state government had under rule 4 of the madhya bharat employees' state insurance rules, 1954 provided that presiding officers of civil or criminal courts could, in addition to their ..... issue were also published the rules made by the state government under section 96 of the act. 4. three contentions were raised by learned counsel for the applicant in support of this review application : firstly, he contended that an employees' insurance court had first to be constituted before any person could be appointed as a judge of ..... in the provisions of section 74 of the act which could restrict the power of the state government to appoint persons, other than the presiding officers of civil or criminal courts to function as employees' insurance courts in addition to their regular duties. the provisions of rule 4 cannot, in my opinion, he resorted to ..... [8] => ..... framing the scheme is ultra vires section 16(1) of the act. it was contended that once the merger of the indian companies had taken place and the process of re-organisation was complete on 1st january, 1974 as stated before by forming the 4 insurance companies by 4 schemes framed in 1973, there could be no further re- ..... to and vested in the central government by virtue of section 4 shall immediately on such vesting, stand transferred to and vested in the corporation. chapter 4 deals with the amounts to be made for acquisition. chapter 5 of the act deals with scheme for re-organisation of general insurance business. section 16 and 17 are important, to which ..... we will advert to later and by amendment of the act by an ordinance issued in 1984 and subsequently ..... [9] => ..... to state that the petitioner was barred under section 53 of the employees state insurance act to claim compensation under workmen's compensation act. all the workers of the respondent have been given workmen's compensation cover under policy ho.4-710103-01074 of new india assurance co., ltd. it was further stated that ..... the mutual pleadings, the deputy commissioner by his order dated 23.4.1993 held that since both the company as well as the employee were covered under the employees state insurance act, the claim was barred under section 53 of the e.s.i. act. hence the petition was dismissed as not maintainable. hence the present ..... compensation under the provisions of the workmen's compensation act. 4. the respondents / employer in their counter stated that the deceased employee haneefa was covered under the employees state insurance act and that the company as well as the employee both have contributed towards employees state insurance. therefore, the claim preferred by the legal heirs ..... [10] => ..... 'an order made by the controller under this section' which expression is no doubt capable of being construed as any order of whatsoever nature passed by the controller while acting in accordance with the procedure laid down in section 25-b. the proviso, however, has to be read as a legislative measure carved out of, the sub-section ..... petition are, as under. (2) the respondent-landlord filed an eviction petition under section 14(1) (e) read with section 25-b of the delhi rent control (amendment) act, 1976 for the recovery of possession. the petitioner-tenant filed anapplication for leave to contest under section 25-b(5) raising various questions of law and fact. the leave to ..... the right of revision is only limited to the cases where the proceedings have concluded under sub-sections (4) and (7) of section 25-b. (8) it is no doubt true that chapter iii-a was introduced in the act by amendment act 18 of 1976 to provide for a 'summary trial of certain applications, but the said procedure is ..... [11] => ..... or corporation owned or controlled by it. the learned advocate-general invited our attention to sections 4(3) and 5(1) of the same act and the proviso to sections 7(2), 8(2) and 11(4), where the expressions such as 'prior consultation with the central government, 'previous approval' are used ..... )ecc189 , in support of his submission that the distinction made by the parliament between 'approval simplicitor' and 'prior approval' in the several provisions of the same act cannot be ignored. the supreme court while considering the distinction between 'special permission' and 'general permission', 'previous approval' or 'prior approval' held that 'we are ..... supreme court observed that 'the public interest which induced parliament to make the declaration contained in section 2 of the mines and minerals (regulation and development) act, 1957, 'has naturally to be the paramount consideration in all matters concerning the regulation of mines and the development of minerals. parliament's policy is ..... [12] => ..... accepted this amount without any protest.6. on 24th june, 1994 the petitioner wrote to the first respondent employer claiming gratuity in accordance with the provisions of section 4 of thegratuity act on the ground that he was in continuous service for nearly 23years i.e. to say from 25th april, 1971 till 1st december, 1993. the employernot having ..... the petitioner's appeal was dismissed on 15th july, 1996. it is these concurrent findings that are challenged before me in this writ petition.9. under section 4 of the gratuity act, gratuity is payable to an employee on the termination of his employment after he has rendered continuous service for not less than 5 years - (a) on ..... balance of gratuity payable namely an amount of rs. 16,942.50 has been rejected. though in the application filed by the petitioner under section 4 read with section 7 of the gratuity act, the petitioner claimed an amount of rs. 15,171.75. counsel appearing before me are agreed that as per the petitioner's own claim the ..... [13] => ..... recovery of possession and damages? (3) assuming that the hotel building is a public premises, would the arbitration agreement still apply in the face of the p.p. act? (4) what is the legal effect of the license agreement as to the vesting of the property of n.d.m.c.? (5) what is the conduct of the parties ..... this way that the petitioner seeks restraint on the n.d.m.c. from proceeding with its applications under the p.p. act before, the estate officer.(2) on filing of the petition and the application on 16-4-1990 notices were issued to the respondents. only n.d.m.c. appeared to oppose them. earlier to this the petitioner also ..... an order restraining the third respondent the estate officer under the public premises (eviction of unauthorised occupants) act, 1971 (for short 'p.p. act') from proceeding further in pursuance to two notices issued by him under section 4(1) and section 7(3) of that act. first notice is dated 12-3-1990 for showing cause against order of eviction respecting plot of ..... [14] => ..... emphatically pointed out that the provisions of this tariff are binding on all concerned and any breach of the tariff shall be a breach of the provisions of the insurance act, 1938. in this context, mr. banik referred to the decision in the case of daljit sawhney v. jagtar singh, 1986 acj 381 (delhi), wherein the single ..... fire and genl. ins. co. ltd. v. shakuntala devi, 1991 acj 177 (allahabad); (2) united india insurance co. ltd. v. siddanna nimbanna jawali, 2001 acj 1774 (karnataka); (3) national insurance co. ltd. v. sasilatha, 2000 acj 661 (kerala); (4) united india insurance co. ltd. v. darshan kaur, 2001 acj 998 (p&h;); (5) new india assurance co. ltd. ..... rs. 50,000 in a way of statutory compensation was sought for in the application under section 140 of the motor vehicles act.4. the said case was contested by the present appellant, united india insurance co. ltd. a written objection was filed wherein all the material allegations made in the claim application were denied.5. the ..... [15] => ..... . usha devi, : [1984]1scr992 has held'a mere nomination made under section 39 of the insurance act, 1938 does not have the effect of conferring on the nominee any beneficial interest in the amount payable under the life insurance policy on the death of the assured. the nomination only indicates the hand which is authorised to ..... getting any order from a competent court annulling the said nomination the plaintiff is not entitled to receive the insurance amount from the defendant. the insurance amount is payable only to the person or persons to whom the court orders ..... be dismissed.4. the written statement filed by the life insurance corporation of india (4th defendant) reads as follows:- the deceased moorthy is the holder of the policy no. 42036223. in his proposal dated 1.3.70, he has nominated his wife, the first defendant as his nominee under section 39 of the insurance act, 1938. without ..... [16] => ..... be taken to be the balance of the profits disclosed by the annual accounts, copies of which are required under the insurance act, 1938, to be furnished to the controller of insurance, subject to certain adjustments. these adjustments at the material time were only in respect of amounts of expenditure inadmissible under the provisions of sections 30 to ..... the suspense account. extension of the concept of real income to this field to negate accrual after the amount had become payable is contrary to the postulates of the act. (iv) where interest has accrued and the assessee has debited the account of the debtor, the difficulty of recovery would not make its accrual non-accrual. (v) ..... ishardas (p.) ltd. 20,325.32 dady tej (p.) ltd. 6,11,723.866,32,049.18 balance as on 31-12-1982 37,34,743.46'4. the commissioner sent back the case and directed the inspecting assistant commissioner to compute afresh the amount assessable in the year under consideration after examining the accounts of interest ..... [17] => ..... is as follows:' the profits and gains of any business of insurance other than 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, 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 this act be allowed for in computing the profits and gains of a business ..... be no question under rule 6 of the rules of any adjustment of the balance of the profits.4. the answer to the question submitted in this reference depends on the meaning and effect of section 10(7) of the act which is as follows:--' notwithstanding anything to the contrary contained in section 8, 9, 10, 12 ..... [18] => ..... the assessee in the tea co. being in excess of 10% of the subscribed share capital of the tea co. contravened the provision of section 27a(4) of the insurance act 1938. the plaintiff in the suit prayed, inter alia, for a perpetual injunction restraining the defendants from exercising any votes or any rights in respect of the ..... the appellate assistant commissioner is not quite correct in view of the fact that the investments were not in jeopardy. (b) the suit was therefore defended by the insurance company not only to maintain and retain their existing voting powers but also to protect the investments. (c) in the present case, as already observed, the expenses ..... of litigation were incurred to maintain and protect investments as well as voting rights of the insurance company which is a valuable right; no new asset was however acquired as a result of such expenditure. it was not therefore an expenditure of a capital nature ..... [19] => ..... only. it is also stated that the appellant department is functioning under the exemption clause (c) of section 118 of the insurance act, 1938 and that the karnataka government servants (compulsory life insurance) rules 1958, have been framed under article 309 of the constitution of india. thus, it is contended that the employees ..... tribunal did not call for any interference and accordingly, dismissed the writ petition. being aggrieved by the said order, the insurance department of the state government has filed this appeal.4. we have heard the learned counsel for the parties. they have also filed their synopsis of arguments and list of ..... ideology must inform the reach of the statutory definition. nothing less, nothing more. (a) the consequences are (i) professions, (ii) clubs (iii) educational institutions (iv) cooperatives, (v) research institutes (vi) charitable projects and (vii) other kindred adventures, if they fulfill the triple tests listed in i (supra), cannot be exempted ..... ) Insurance Act 1938 4 of 1938 Section 7 Deposits - Page 11 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 7 deposits Page 11 of about 288,194 results (1.283 seconds)

May 26 2008 (HC)

Geetha W/O K.B. Chowdaiah Vs. G.K. Subrahmanya Since Deceased by Lr.,

Court : Karnataka

Reported in : 2009ACJ1132; ILR2008KAR4112; 2008(5)AIRKarR139; AIR2008NOC2462;

..... of section 149(4) of the act of 1988 is to be treated as void.(v) in addition it is submitted that learned ..... )a. mfa 8242 to 8249/04:the nomenclature of the policy of insurance ex. r 1 is shown as 'a policy for act liability' and the certificate appended to it states 'policy 'a' act only' issued on 27.4.1994 effective for the period from 27.4.1994 to 26.4.1995 (accident occurred on 17.3.1994), the net premium of rs. ..... damage to rs.6,000/-under section 147(2)(b).(iv) it is submitted that since section 147 of the motor vehicles act, 1988 provides for only one kind of policy that is compulsory to meet the requirements of the act, the insurance companies cannot be permitted typify a policy of insurance as 'act policy' or 'liability only policy,' which in the context .....

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Mar 16 2007 (HC)

United India Insurance Company Limited Vs. Smt. Shilpa and ors.

Court : Rajasthan

Reported in : 2009ACJ1806; RLW2007(3)Raj2512

..... and mistake has been found in the jonga vehicle and present one was a matter under the new motor vehicles act, therefore, liability of the insurance company was unlimited; and not limited to rs. 50,000/- only. the entire consideration in issue no. 4 reads thus:pwafd nq/kzvuk esa e`r;q lat; dqekj dh gqbz gs tks ek:fr xkm+h ..... was a taxi, the case would be covered by section 95(2)(c) and the liability of the insurance company would be the amount of liability incurred, even though it is an 'act only' policy.32. in this view of the matter, issue no. 4 deserves to be decided against the appellant. though the tribunal has proceeded to decide the said issue in ..... in point of time, according to the proviso, the policy under the old act shall continue to be effective in the case in hand. thus, in view of the proviso the liability of the appellant-insurance company would be limited to a sum of rs. 1,50,000/- only.4. accordingly, the appeal is allowed, impugned orders passed by the division bench as .....

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Apr 09 1973 (HC)

R.S. Deshpande and anr. Vs. Municipal Corporation of Greater Bombay

Court : Mumbai

Reported in : (1975)IILLJ45Bom

..... has to take out a licence to practise and has to pay fees for such licence. under s. 64um(1)(d) of the insurance act, 1938 unless a person has been practicing as a surveyor prior to october 26, 1968, he must hold a degree of a recognised university in a branch of ..... contended that the petitioners carry on business for gain and fall within the definition of a commercial establishment in s. 2(4) of the shops act. there is no dispute about the nature of the work done by an insurance surveyor. the only question to be determined is whether the petitioners fall within the definition of a 'commercial establishment' under ..... standards of professional conduct and etiquette are prescribed for surveyors. sub-section (1)(d) of s. 64um applies the provisions of s. 43(4) applicable to insurance agents also to surveyors. section 42(4) of the insurance act provides that a surveyor would be disqualified if he is a minor, a person of unsound mind or has been convicted of criminal misappropriation, .....

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Aug 31 1982 (HC)

Fariyas Hotels Pvt. Ltd. Vs. State of Maharashtra and Another

Court : Mumbai

Reported in : (1983)ILLJ24Bom

..... , 1975 the schedule was amended so that the areas in which the establishments were situated was now stated to be 'all areas of the state where chapters iv and v of the employees' state insurance act, 1948, are in force.'6. on 18th september, 1978 respondent 1 issued the impugned notification. the notification stated that respondent 1 in consultation with respondent 2 and ..... called the employees' state insurance act, 1948. (2) it extends to the whole of india. (3) it shall come into force on such date or dates as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act and for different states or for different parts thereof. (4) it shall apply, in .....

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Apr 17 1997 (HC)

Employees' State Insurance Corporation and Ors. Vs. the Workmen of ITi ...

Court : Karnataka

Reported in : ILR1997KAR1433

..... will do it? therefore one should do what is good to himself.' 7.4. in kirloskar brothers limited vs. employees' state insurance corporation, 1996 air scw 2296, dealing with the very employees' state insurance act, 1948, the supreme court observed thus:'10. in expanding economic, activities in liberalised economy part iv of the constitution enjoins not only the state and its instrumentalities but even private ..... industries to ensure safety to the workmen and to provide facilities and opportunities for health and vigour of the workman assured in relevant provisions in part iv which are integral .....

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Feb 11 1992 (HC)

Radhabehn and ors. Vs. Mulji Kanji Dhrod and ors.

Court : Gujarat

Reported in : 1(1995)ACC403

..... 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 w.c. 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 ..... 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 w.c. act and, therefore, the insurance company was liable to pay the penalty also. with respect, we are not in a position to subscribe ..... 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 w.c. act. of course, other questions were also canvassed at the bar. before we take up this central issue which was canvassed before .....

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Nov 19 1985 (HC)

Management of Motor Industries Co., Ltd. Vs. Presiding Officer

Court : Karnataka

Reported in : ILR1987KAR507; 1987(2)KarLJ110

..... termination passed against the 2nd respondent-workman ('the workman' for short) is violative of section 25f of the industrial disputes act ('the act' for short) and the provisions of section 73 of the employees' state insurance act and therefore, be was entitled to be reinstated with continuity of service and back wages.the facts are not in serious ..... amounted to an order of punishment for his alleged continuous absence and therefore, the termination of his services without an enquiry under annexure-a was bad-in-law.4. the learned counsel for the petitioner, mr. kasturi raised the following contentions in support of the challenge to the impugned order. according to him, (a) ..... exercised its power when the workman had been absent from work for a continuous period of 6 months. therefore, it cannot be said that standing order no. 17.4 would conflict with regulation 98, on the facts of this case. therefore, the first requirement of regulation 98 (1) is satisfied by the petitioner. but the .....

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Jan 17 1962 (HC)

Jiyajirao Cotton Mills Ltd. Vs. Employees State Insurance Corporation ...

Court : Madhya Pradesh

Reported in : AIR1962MP340; [1962(5)FLR475]

..... government could exercise the power vested in it under, the provisions of section 74 of the act; lastly it was contended by the learned counsel that the state government had under rule 4 of the madhya bharat employees' state insurance rules, 1954 provided that presiding officers of civil or criminal courts could, in addition to their ..... issue were also published the rules made by the state government under section 96 of the act. 4. three contentions were raised by learned counsel for the applicant in support of this review application : firstly, he contended that an employees' insurance court had first to be constituted before any person could be appointed as a judge of ..... in the provisions of section 74 of the act which could restrict the power of the state government to appoint persons, other than the presiding officers of civil or criminal courts to function as employees' insurance courts in addition to their regular duties. the provisions of rule 4 cannot, in my opinion, he resorted to .....

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Mar 19 2001 (SC)

Kishan Prakash Sharma and ors. Etc. Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : AIR2001SC1493; JT2001(3)SC554; 2001(2)SCALE586; (2001)5SCC212; 2001(2)SCT656(SC); (2001)2UPLBEC1232

..... framing the scheme is ultra vires section 16(1) of the act. it was contended that once the merger of the indian companies had taken place and the process of re-organisation was complete on 1st january, 1974 as stated before by forming the 4 insurance companies by 4 schemes framed in 1973, there could be no further re- ..... to and vested in the central government by virtue of section 4 shall immediately on such vesting, stand transferred to and vested in the corporation. chapter 4 deals with the amounts to be made for acquisition. chapter 5 of the act deals with scheme for re-organisation of general insurance business. section 16 and 17 are important, to which ..... we will advert to later and by amendment of the act by an ordinance issued in 1984 and subsequently .....

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Jan 24 2000 (HC)

K. Hamza and Another Vs. M/S Emitici Engineering Limited, Post Box No. ...

Court : Chennai

Reported in : I(2001)ACC428; 2002ACJ896; 2000(4)CTC614; (2000)IIMLJ151

..... to state that the petitioner was barred under section 53 of the employees state insurance act to claim compensation under workmen's compensation act. all the workers of the respondent have been given workmen's compensation cover under policy ho.4-710103-01074 of new india assurance co., ltd. it was further stated that ..... the mutual pleadings, the deputy commissioner by his order dated 23.4.1993 held that since both the company as well as the employee were covered under the employees state insurance act, the claim was barred under section 53 of the e.s.i. act. hence the petition was dismissed as not maintainable. hence the present ..... compensation under the provisions of the workmen's compensation act. 4. the respondents / employer in their counter stated that the deceased employee haneefa was covered under the employees state insurance act and that the company as well as the employee both have contributed towards employees state insurance. therefore, the claim preferred by the legal heirs .....

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