Judgment Search Results Home > Cases Phrase: insurance amendment act 2002 section 6 amendment of section 28b Court: kerala Page 10 of about 231 results (0.107 seconds)

Chakiat Agencies (P) Ltd., Represented by Its Director M. Jairam Vs. S ...

Court : Kerala

..... land to vest in tenant of vendor, stands entirely on a different footing and deals with a different context. the very same decision says that enactment of an amending act dealing with a substantive right can only be 'prospective' and it does not affect the substantive or vested rights of parties, unless it is made retrospective either ..... reported in 2001(2) klt 840 (cited supra). it is also stated that the subsequent change by way of amendment to mv act, 1988, as per the amendment act, 1994, cannot be pressed into service by the petitioners, as the amendment is having effect 'only from 14.11.1994' and hence the petitioners are liable to satisfy the tax from 01 ..... mahindra ltd. v. union of india) and air 1931 pc 149 (secretary of state vs. hindustan co.op. insurance society ltd.), the learned judge observed that 'no deletion or repeal of the earlier act results in any modification of the act into which the earlier act had been 'incorporated by reference' and as such, the repeal of the m.v .....

National Insurance Company Ltd. Vs. Sawdha Beevi

Court : Kerala

..... is hereby understood and agreed that notwithstanding anything contained herein to the contrary the insurer shall indemnify the insured against his legal liability under the "workmen's compensation act 1923 and subsequent amendments of that act prior to the date of this endorsement, the fatal accidents act, 1855 or at common law in respect of personal injury to any paid driver ..... employees. thus, on a contextual reading of the provision, schematic analysis of maca no.1641/2010 13 the act and the 1923 act, it is quite limpid that the statutory policy only covers the employees of the insured, either employed or engaged by him in a goods carriage. it does not cover any other kind of employee ..... conditions of the policy and after directing the the insurance company to pay the amount, the company was given the right to recover it from the owner of the vehicle also going by the operative portion of the judgment under section 149 (4) of the act.17. heavy reliance was placed by the learned counsel .....

Gwalior Rayon Silk Mfg. (Wvg.) Co. Ltd. Vs. the Union of India and anr ...

Court : Kerala

Reported in : AIR1975Ker178

..... ), mavoor, the petitioner in this writ petition, seeks to quash certain proceedings taken by the respondent under the provisions of the central emergency risks (factories/goods) insurance acts. 1962 (acts 62 and 63 of 1962); to declare exts. p-1 and p-2 communications of the 2nd respondent addressed to the petitioner invalid; and to prohibit the ..... passage reads as follows:'............in that case the prosecution had been started before the defence of india act ceased to be in force, and, secondly the language introduced in the amended sub-section (4) of section 1 of the act had the effect of making applicable the principles laid down in section 6 of the general clauses ..... act, so that a legal proceeding could be instituted even after the repeal of the act in respect of an offence committed during the .....

M.R. Lukose Vs. V. Govindan Nair (Kuttan) and ors.

Court : Kerala

Reported in : AIR1990Ker327

..... arriving at findings and without adverting to reasons after the stage of framing issues.6. a division bench of gauhati high court in samsul v. l & l insurance co., air 1972 gauhati 35 has adopted a view which is consistent with our interpretation. the facts in the said decision are substantially similar to the facts of ..... under the same rule, of the parties, the claims tribunal shall frame issues before evidence is recorded. (2) the tribunal may at any time before pronouncing judgment amend or delete issues already framed or frame additional issues on such terms as it thinks fit.' a reference to the above rules shows that the power of summary dismissal ..... tribunal has no power, after framing issues, to dismiss the claim for default without adverting to reasons or grounds for such dismissal.3. section 110a of the act provides for making application before the claims tribunal for compensation arising out of the motor accident. sub-section (3) says that no application for compensation shall be .....

Mohammed Sageer Vs. Prakash Thomas

Court : Kerala

Reported in : 2005(2)KLT400

..... (1992 (2) klt 600), raghavan v. sreedhara panicker (2001 (1) klt 772), bharat sales ltd. v. life insurance corporation of india (air 1998 sc 1240) and john chandy & co. (p) ltd. v. john p. thomas (2002 (2) klt 220 (sc).9. the contention raised by the tenant that punnoose mathew was in possession of a portion of ..... against the tenant under sections 11(2)(b) and 11(4)(ii) of the act. in that rent control petition, the landlord filed an application for amendment of the petition incorporating a plea under section 11(4)(i) of the act. that application for amendment was dismissed. in that application also, the landlord had raised the contention that there ..... was subletting in favour of punnoose mathew, sheriff and sham. the dismissal of the application for amendment in r.c.p. no. 167 of 1998 would operate as .....

National Insurance Co. Ltd. Vs. Mary

Court : Kerala

Reported in : III(2003)ACC95; 2003ACJ1940; 2003(2)KLT495

..... per the decision in c.a. no. 5433/01 and connected cases reported in new india assurance co. ltd. v. asha rani and ors.(2003 (1) klt 165 (sc) = jt 2002 (10) sc 162). the supreme court in the said decision made it clear that:'the judgment of this court in satpal singh's case, therefore must be held to have ..... in respect of an accident which had occurred prior to amendment and after the enforcement of the new act. therefore, this being a case of a person travelling in a goods vehicle shall have to be considered as covered by the policy in question.5. the decision of the full bench in oriental insurance co. ltd. v. ajayakumar (1999 (2) klt 886) cannot ..... of the cargo into the vehicle concerned and were never employed by the owner of the vehicle, the insured. the issue is covered by a recent decision of the supreme court in new india assurance co. ltd. v. asha rani and ors. (jt 2002 (10) sc 162) = 2003 (1) klt 165 (sc), overruling the earlier decision reported in new india assurance co .....

Life Insurance Corporation Vs. Appellate Authority

Court : Kerala

Reported in : (1991)IILLJ226Ker

..... governed by the rules made by the central government in this behalf. it has been so stated in section 6 of the act. transfer of service of existing employees of insurers to the corporation is done under the immediate supervision of the central government (see section 11). as regards the transfer of service ..... the answer depends upon the construction of the relevant provisions of the life insurance corporation act, 1956, for short, the act. the life insurance corporation is established under section 3 of the act.. it enables the central government to establish a corporation called the life insurance corporation of india. sub-section (2) thereof provides that the corporation ..... by the central government (see section 49 as amended by act 1/1981). these and other provisions (i do not want to burden the judgment with the narration of the other provisions) positively indicate that the central government has a pervasive control over the life insurance corporation.7. the learned counsel for the second .....

Oriental Insurance Co. Ltd. Vs. Thankappan

Court : Kerala

Reported in : 2006ACJ554; 2005(3)KLT480; (2005)IIILLJ649Ker

..... appellant.9. of course the appellant is well justified in contending that the commissioner went wrong in awarding interest at the rate of 12% applying provisions in the amended act. the counsel for the first respondent appearing for the writ petitioner in w.p.(c) no. 15973/05 submits that the statutory rate of interest provided in the ..... order to cast liability on the employer to compensate for the death. the supreme court examining the meaning of employment injury as defined in employees state insurance act, 1948 considered as follows:'in our judgment, by using the words 'arising out of...his employment', the legislature gave a restrictive meaning to 'employment injury'. the ..... during the course of employment and the respondents are not entitled to the compensation in terms of the workmen's compensation act which shall have to be paid by the appellant on the strength of the insurance policy in force. in support of this contention has appellant relies on the decision of the apex court in e.s .....

Union of India (Uoi) Vs. M. Thankaraj and Etc. Etc.

Court : Kerala

Reported in : 2000ACJ651; AIR2000Ker91

..... fell down from the train due to the sudden jerk. the tribunal further found that the incident would come within section 123(c)(2) of the railways act, 1989 as amended by indian railways (amendment) act, 1994.19. as a result of the incident the claimant sustained loss of two fingers and to undergo amputation of the right leg below knee. the ..... such dates as the central government may by notification in the official gazette, appoint and different dates may be appointed for different provisions of that act. sections 4 and 4-a as amended by the amendment act came into force with effect from 15-9-1995 vide central government notification dated 12-9-1995. full bench took the view that in the ..... lt 807 and national insurance co. v. roy george (1993) 1 ker lt 308, were relied on by the bench in coming to the above conclusion. in (1998) 1 ker lt 951 a full bench of this court considered the question whether section 4 and 4-a of the workmen's compensation act, 1923 as amended by act 30 of 1995 enhancing .....

Sherifa Beevi Vs. Komu

Court : Kerala

Reported in : II(2007)ACC568; 2007ACJ1185; 2006(4)KLT857

..... other situation under section 163-a or 166. in that view of the matter, a claimant in an application under section 163-a of the motor vehicles act is certainly entitled to amend the claim to be one under sections 140 and 166. the bar is only that there cannot be a simultaneous claim under sections 140 and 163 a or ..... provisions as to payment of compensation on structured formula basis.--(1) notwithstanding anything contained in this act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident ..... provisions of chapter x claim such compensation under either of those acts but not under both.3. many of the questions with regard to the interpretation of sections 140, 163-a, 166 and 167 have been dealt with recently by the supreme court in deepal girishbhai soni v. united india insurance co. ltd. 2004 (2) klt 395 (sc). it has .....