Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 section 7 deposits Page 13 of about 288,194 results (0.711 seconds)

Regional Director, E.S.i. Corporation Vs. Managing Director, Transmati ...

Court : Kerala

Reported in : [2006(111)FLR953]; (2006)2LLJ990Ker

..... appeal challenging the same.2. the learned counsel appearing for the appellant, mr. t.v. ajayakumar, relied on section 85-b of the employees' state insurance act, 1948, in short 'the act', and submitted that the object of 1989 amendment, which came into effect in the year 1992, was such that the existing penal provisions were made more ..... be imposed merely for the sake of imposition, where there is no deliberate and willful failure to pay the insurance amount was established.4. for clarity of discussion, i reproduce below section 85-b of the act, after its amendment through act 29 of 1989, which came into force with effect from january 1,85-b power to recover damages - ..... p) ltd. v. employees' state insurance corporation 2003-iii-llj-789 the honourable punjab and haryana high court, while dealing with section 85-b and regulation 31-c of the act, quoted from the judgment of the apex court in organo chemical industries v. union of india air 1979 sc 1803 : 1979 (4) scc 573 : 1979-ii-llj-416 .....

Kakinada Municipality Rep. by Its Commissioners Vs. Employees State In ...

Court : Andhra Pradesh

Reported in : 2009(3)ALT623; (2010)ILLJ407AP

..... provisions of the employees' state insurance act, 1948 (for short 'the act'). when notice was issued to the appellant, they objected to the coverage of employees under the act therefore, an order has been passed under section 45a of the act. challenging thereto, an appeal was filed under section 75 of the act. the insurance court has confirmed that the employees ..... civil miscellaneous appeal under section 82(2) of the employees state insurance act, 1948 (hereinafter in short referred to as 'the act' for the purpose of convenience) challenging the order made in e.i.c. no. 10 of 2002, dated 02.12.2005, made by the employees' insurance court and chairman, industrial tribunal-i, hyderabad.2. on 10. ..... 44 of 1966, section 32, w.e.f. 28.1.1968 under section 74(1) and (4) of the act. however, as provided for in sub-clauses (a) to (g) of section 75, the powers of the state employees' insurance court have been specifically detailed. therefore, it is only such question which can fall within the ambit of .....

All India Motor Transport Mutual Insurance Co. Ltd. Vs. Raphael George ...

Court : Mumbai

Reported in : AIR1963Bom7; (1962)64BOMLR219; ILR1962Bom266

..... before the learned judge that this court was not competent to entertain the petition, inasmuch as the definition of 'court' as given in section 2(6) of the insurance act, 1938, referred to the principal civil court of original jurisdiction in a district and the expression also included 'the high court in exercise of its ordinary original civil jurisdiction, ..... of passing the orders referred to in sub-section (1) and not the court which shall entertain an appeal. 4. now, first turning to the definition oh 'court' as given in section 2(6) of the insurance act, it is clear that the 'court' which has been referred to therein is the principal civil court of original jurisdiction ..... (1) to the authority authorised to hear appeals from the decisions of the court making the same and the decision on such appeal shall be final'sub-section (4) provides for the time during which the appeal contemplated by the section may befiled. it will appear from the provisions o sub-section (3) that the appeal .....

Vanguard Fire and General Insurance Co. Ltd. Vs. Fraser and Ross, Char ...

Court : Chennai

Reported in : AIR1959Mad336; (1959)2MLJ104

..... :"in exercise of the powers conferred by sub-section (1) of section 33 of the insurance act, 1938 (iv of 1938), the central government hereby directs the controller of insurance to investigate the affairs of the vanguard insurance company ltd. and the vanguard fire and general insurance company ltd., madras, and to report to the central government on the investigation made by ..... your letter dated 9-10-1957, on the above subject, 1 have to invite a reference to the provisions of section 20 of the insurance act, 1938, and to say that even though the registration of the company for transacting fire, marine, and miscellaneous classes of ..... that the company was bound by the provisions of the insurance act, 1938.in accordance with the requirements of that act, the company applied for and obtained certificate of registration for carrying on the aforesaid classes of insurance business. the necessary deposit to be made under section 7 of that act was also made. at an extraordinary general meeting of .....

National Insurance Co. Ltd. Vs. Lachha

Court : Karnataka

Reported in : 1993ACJ97; ILR1992KAR2383; 1992(3)KarLJ7

..... and award made by the motor accidents claims tribunal, bangalore city, on a claim petition presented under section 166 of the motor vehicles act, 1988 ('the act' for short), one by the insurance company aggrieved by the allowing of the claim petition and another by the claimant seeking enhancement of the compensation, the following questions of ..... 4), applying section 6(e) of the general clauses act regarding the effect of repeal, so long as the cause of action for filing claim petition under section 110-a of the 1939 act had arisen prior to 1-7-1989, that is, the accident giving rise to the claim petition had taken place prior to 1-7-1989 the owner and insurer ..... law arise for consideration:(1) as the accident which gave rise to the cause of action for presenting the claim petition, had occurred on 3-4- .....

Kamla Chaturvedi Vs. National Insurance Co. and ors.

Court : Supreme Court of India

Reported in : 2009ACJ115; 2009(1)AWC509(SC); (2009)ILLJ542SC; (2009)153PLR354; (2009)1SCC487; 2009(2)SLJ232(SC)

..... had occurred by use of motor vehicle in respect whereof the contract of insurance will be governed by the provisions of the motor vehicles act, 1988 (in short the `m.v. act'). a contract of insurance is governed by the provisions of the insurance act, 1938 (in short the `insurance act'), unless the said contract is governed by the provisions of a statute. ..... the commissioner to be paid by the insured, employee. insurance company is liable to meet claim for compensation along with interest as imposed on insurer employer by the act on conjoint operation of section 3 and 4(a)(3)(a) of the act. it was, however, held that it was the liability of the insured employer alone in respect of additional amount ..... be taken to be the date of adjudication of the claim. this appears to be so because section 4a(1) prescribes that compensation under section 4 shall be paid as soon as it falls due. the compensation becomes due on the basis of adjudication of the claim made. the adjudication under section .....

Kadim Kusuma and ors. Vs. Kadiam Appachiamma and anr.

Court : Andhra Pradesh

Reported in : (1985)ILLJ194AP

..... from difficulty to hold whether the nomination gives an absolute interest to the nominee. it is no doubt true the language of s. 39 of the insurance act 4 of 1938 and the present s. 5 of act 19 of 1925 are different. however there is much force in the contention of the appellants that in view of the principle laid down by the supreme ..... consider the conflict of judicial opinion, and in particular, in view of the judgment of the supreme court in sarbati devi v. usha devi : [1984]1scr992 though arises under the insurance act supports the conclusion that the nominee though entitled to receive the amount has no beneficial interest to the fund and must hold it for the benefit of other heirs of ..... of any exception made in the railway provident fund rules. i will advert to the exception later. hence, it is necessary to notice s. 3(2) and s. 4(1) of the act : 'any sum standing to the credit of any subscriber to, or depositor, in, any such fund at the time of his decease and payable under the rules of .....

Ramchand Onkarlal Agarwal Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2006(5)BomCR884; (2006)IIILLJ441Bom; 2006(4)MhLj339

..... whose employees are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this act.'(emphasis supplied, and relevant portion of proviso to sub-section (4) 1 of the employees' state insurance act is extracted).thus, it would be extremely courageous, and even may reach absurdity to say that there ..... no. 2, and learned advocate mr. m.p.m. pillai for respondent nos. 3 and 4, at length.submissions of the petitioner:11. according to the learned advocate mr. quazi, the application of the employees' state insurance act to bidi workers is, arbitrary on its face, and is in violation of fundamental rights. ..... a, the petitioner has filed present petition, challenging the constitutional validity of the amending act no. 29/1989 passed by parliament and for consequential reliefs.4. grievance of the petitioner is that the benefit, which is available under the employees' state insurance act, is limited to (i) sickness benefits, (ii) maternity benefits, and (iii .....

The Regional Director, Employees State Insurance Corporation Vs. Anand ...

Court : Chennai

Reported in : [2008(119)FLR577]; (2009)ILLJ275Mad

..... referred to earlier, it is pellucid that the person who is being paid some renumeration for any special attention, would not come within the contour of employees' state insurance act (34 of 1948).16. in the present civil miscellaneous appeals the main contention of the appellant/respondent is that the said three persons are also employees of the ..... sought for in the petitions.9. the only point that has now winched to the fore is;whether the petitioner would come within the contour of employees' state insurance act (34 of 1948)?10. the learned counsel appearing for the appellant/respondent has repeatedly contended that during the relevant period, under the petitioner more than twenty employees have ..... . 12 of 2001 has been filed and likewise, with regard to the amount of rs. 26,085.70 paise, esiop no. 20 of 2001 has been filed.4. on the side of the respondent in both the petitions detailed counter has been filed, wherein it has been stated that the inspector of the respondent has inspected the .....

New India Assurance Co.Ltd. Vs. Harjeet Singh and ors.

Court : Delhi

..... fulfilling the condition of the policy regarding use of vehicles by duly licensed driver or one who was not disqualified to drive at the relevant time. (iv) the insurance companies are, however, with a view to avoid their liability must not only establish the available defence(s) raised in the said proceedings but must also ..... to pay even to third parties, as in such cases the contract of insurance is non est. 4. admittedly, in the present case, ..... guilty of a willful breach. the insured in such cases, would be entitled to recover the compensation paid to third party in discharge of its statutory liability. (iv) where policy is avoided on proof or facts which renders the insurance policy void under section 149 (2) (b) of the act, the insurance company would not be under obligation .....