Judgment Search Results Home > Cases Phrase: insurance amendment act 2002 section 6 amendment of section 28b Court: kerala Page 11 of about 231 results (0.354 seconds)

Kesava Pillai Vs. State of Kerala

Court : Kerala

Reported in : AIR2004Ker111; 2004(1)KLT55

..... rate of 9%. the insurer has filed a.f.a. 87 of 2002 challenging the judgment of the learned single judge.4. in a.f.a. no. 83 of 2003, the registry has raised an objection that the appeal is not maintainable in view of the code of civil procedure (amendment) act, 2002 (act 22 of 2002). the learned counsel appearing ..... entertaining a second appeal in the high court in all categories of cases.12. section 100a was again amended by section 4 of the code of civil procedure (amendment) act, 2002 (22 of 2002) which came into force with effect from 1.7.2002. at present section 100a reads as follows:-'100a. no further appeal in certain cases.- notwithstanding anything ..... to abolish the third appeal.10. section 100a was substituted by section 10 of the 38 of the code of civil procedure (amendment) act, 1999 (46 of 1999), which came into force with effect from 1.7.2002. it reads as follows :-'100a. no further appeal in certain cases. - notwithstanding anything contained in any letters patent for .....

Charangat Coir Manufacturing Co. (P) Ltd. Vs. State of Kerala

Court : Kerala

Reported in : 2004(1)KLT312; (2004)IILLJ448Ker

..... and exports them to any country outside india from ports outside the state of kerala'.'producer of coir products' is defined in section 2(q) of the amended act as follows:''producer of coir products' means a person who manufacture coir products or carries on the business of processing coir products for export or for internal marketing ..... bench of the supreme court in koluthara exports ltd. v. state of kerala and ors., 2002 (1) klt 658 (sc) = (2002) 2 scc 459, where the supreme court after dealing with the provisions of the kerala fishermen welfare fund act, 1985, as amended by act 15 of 1987, held as follows:-'22. in the instant case, the only nexus between ..... the categories of persons covered by the sweep of clause (d) of section 2 of the act, including the appellant .....

New India Assurance Co. Ltd. Vs. Joseph and ors.

Court : Kerala

Reported in : 2001ACJ2091; [2000(86)FLR64]; (2000)ILLJ1063Ker

..... the case is march 16, 1995. it has been finally decided in united india insurance co. ltd, v. alavi (1998-ii-llj-896) (ker-fb) that as regards the accidents which occurred before september 15, 1995, the provisions of the pre-amended act alone will have to be applied. 14. the compensation payable to the claimants is ..... therefore, to be refixed by the workmen's compensation commissioner applying the provisions in the act as it stood before the amendment. 15. in the circumstances, we set aside the impugned order ..... far as the fatal accident involved herein did not arise from any motor accident and as such the provisions in the motor vehicles act providing for different criterion with regard to liability of the insurer as available in vasudevan's case (supra) is not applicable here. we have, therefore, to consider the question in detail based .....

Ms. the Windsor Castle, Kodimatha, Kottayam, Represented by M.O. Asram ...

Court : Kerala

..... respect of the assessment years prior ot the date of introduction of the provision. it is also contended that, by virtue of the explanation given in ext.p13 (the amendment act), the liability to ay tax or other amount shall arise only from the date specified in the revised notice and hence there is no room for charging any interest as ..... never to be of retrospective operation. somewhat similar verdict had been passed by a full bench of this court as well as reported in 1996(2) klt 695 (fb) (oriental insurance co. ltd. vs. sheela ratnan). a division bench of this court in procurator, r.c.diocese, calicut vs. state of kerala (2003 (1) klt 618] has held ..... union of india and others [(1989) 178 itr 97), which was followed by a learned judge of this court while passing the judgment in o.p.no.34635 of 2002 and connected cases. the constitutional validity of the statute was also considered by a division bench of this court, upholding the same as per the verdict in asianet satellite communications .....

National Insurance Co.Ltd. Vs. Annie Margerat

Court : Kerala

..... jagan & k. ramakrishnan, jj.=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= m.a.c.a. no. 1541 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= dated this, the 3rd day of july, 2013. judgment siri jagan, j.the insurance company in o.p.(mv) no. 435/2004 before the motor accidents claims tribunal, kottayam, is the appellant herein. respondents 1 to 4 in this appeal filed the ..... death or permanent disablement, the compensation payable as per schedule ii of the motor vehicles act is liable to be paid to the claimant/s by the owner of the vehicle, who is liable to be indemnified by the insurance company for the compensation payable to the claimant..4. we have considered the rival contentions ..... compensation of rs. 2,01,500/-. the insurance company is challenging the said award.2. the appellant raises two contentions. the first is that since the claimants themselves claimed the monthly income of the deceased as rs. 25,000/- and they did not choose to amend the same appropriately, the consideration of the claim .....

Rejitha Vs. Renjith

Court : Kerala

..... 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 ..... for the appellants pleaded that since it is an old case, this court may decide the quantum, whereas the learned counsel for the insurance company submitted that various aspects will have to be considered by the tribunal. it is submitted that the question will be whether the company ..... any paid driver ( or cleaner or conductor or person employed in loading/or unloading but in any case not exceeding seven in number including driver and cleaner ) whilst engaged in the service of the insured .....

The Commissioner of Income Tax Vs. M/S Merchem Limited

Court : Kerala

..... any sum received by the assessee from his employees as contributions to any provident fund or superannuation fund or any fund set up under the provisions of the employees' state insurance act, 1948 (34 of 1948), or any other fund for the welfare of such employees." 19. therefore, income of the assessee includes any sum received by the assessee ..... due date for filing of returns. therefore, the industry once again made representation to the ministry of finance and, taking cognizance of this difficulty, the parliament inserted one more amendment vide finance act, 2003, which, as stated above, came into force w.e.f. 1st april, 2004. in other words, after 1st april, 2004, two changes were made, ..... that apart, we are reminded of the judgment of the hon'ble apex court in 'padma sundara rao and others v. state of t.n. and others' [(2002) 3 scc533 paragraph 9 which reads as follows: "it is also a settled proposition of law that courts should not place reliance on decisions without discussing as to how .....

A. Vilasini and ors. Vs. K.S.R.T.C. and anr.

Court : Kerala

Reported in : II(1988)ACC584; AIR1989Ker95

..... words giving retrospective effect or where the language necessarily implies that such retrospective operation is intended.'it made a special reference to section 2 of the motor vehicles amendment act 1982 which reads thus :'it shall come into force on such date as the central government may, by notification in the official gazette, appoint and different ..... kumari v. rajasthan road transport corpn., jaipur, 1984 acj 716, which took the view that section 92-a has no retrospective operation.15. in oriental fire & general insurance co. ltd. v. shantabai s. dhume, 1987 acj 198, the question whether section 92-a has retrospective operation came up for the consideration of a learned judge ..... and rajasthan high court in the above-said decisions. we are inclined to accept the view expressed by the bombay high court in oriental fire and general insurance company's case (supra).18. the foregoing discussion would show that section 92a is applicable to the instant case and that it was not necessary for the .....

P.J. Alexander Vs. State of Kerala and anr.

Court : Kerala

Reported in : (1971)IILLJ261Ker

..... steps for examination of witnesses and in that regard suggested investing him under section 9(2) of the kerala enquiries and summons act, 24 of 1960, as amended by act 10 of 1962, for short the state act, with the powers of a civil court while trying a suit under the code of civil procedure, 1908. the first respondent ..... not less than fourteen days before parliament as soon as possible after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as parliament may make on a motion made during the session in which they are so laid.3. rule 7 of the all india services (discipline and appeal ..... summoning witnesses and compelling production of witnesses and disobedience of lawful process of the inquiring authority is made penal. such provisions are absent in the all india services act and the rules framed thereunder. in the inquiries conducted under them the provision is that evidence has to be produced before the inquiring authority. rule 8(12) .....

United India Insurance Co. Ltd. Vs. Vasudevan and ors.

Court : Kerala

Reported in : AIR1989Ker140; [1989]65CompCas680(Ker); (1989)IILLJ220Ker

..... aware of the institution of the insolvency or liquidation proceedings.' 9. the motor vehicles act, 1939 is enacted to consolidate and amend the law relating to the motor vehicles. compulsory insurance of the motor vehicles under section 94 of the act was introduced to cover the liability which the owner of the vehicle may incur with ..... employees. thus a compulsory insurance even in respect of employee's risk has now been statutorily covered ..... dependants would be able to get damages straightway from the insurance company and the recovery would not depend upon the financial conditions of the owner. after the 1956 amendment, a policy shall be required to cover liability arising under the workmen's compensation act in respect of the death or bodily injury of certain .....