Judgment Search Results Home > Cases Phrase: insurance amendment act 2002 section 6 amendment of section 28b Court: kerala Page 3 of about 231 results (0.117 seconds)

The Paraur Handloom Weavers Co-op. Socie Vs. the Regional Director and ...

Court : Kerala

..... as rightly pointed out by the learned counsel for the respondent corporation as well as the learned senior government pleader, there is no saving clause in the amended act to empower the state government to grant exemption with retrospective effect in the case of the application received by it prior to 1.6.2010. evidently, ext ..... to 31.3.2010. while ext.p1 was pending consideration, the second respondent initiated proceedings against the petitioner society under the provisions of the employees state insurance act which was challenged by the petitioner before this court in wpc no.4016/2011 wherein this court directed the government to pass orders on ext.p1 application ..... , the third respondent heard the matter on 14.6.2011 and rejected ext.p1 application on the ground that there is no provision in the employees state insurance act for granting exemption with retrospective effect. it is in this context, the petitioner has come up before this court.3. the respondent corporation filed a detailed .....

Regional Provident Fund Commissioner Vs. M/S.Harrisons Malayalam Ltd

Court : Kerala

..... the year 1988 is perfectly valid and in consonance with various judgments of this court, on section 14b and also; in pari materia provisions of the employees state insurance act, 1948. sri. nandakumar would contend that despite these binding precedents having been pointed out to the adjudicating officer and despite there being clear directions by the appellate ..... of the act amended by act 33 of 1988 and brought in to force with effect from 1.9.1991. we quote here the relevant provision before and after amendment:- before amendment: "s.14-b. power to recover damages.- where an employer makes default in payment of any contribution to the fund the family fund or the insurance fund or ..... writ appeal nos. 241, 243 280. & 288/2012 2 company having been prompt in payment of contribution as provided under the act and scheme; prior to 1995 and subsequent to the year 2002, defaulted the same in the intervening period. according to them the default was due to an interim order of stay between 1995 to .....

M/S.Bhagheeratha Engineering Ltd Vs. State of Kerala

Court : Kerala

..... this regard. counter affidavit is filed by respondents 2 and 3 inter alia supporting the stand taken by the government. according to them, the benefit of esi amendment act, 2010 which came into force on 1.6.2010 has no retrospective effect as the said benefit will not be available to the petitioner. petitioner had filed similar ..... opinion that a sub committee of the regional board of esi corporation has examined the request of the petitioner for exemption under section 87 of the employees state insurance act 1948 and has found that the benefits provided by the petitioner were neither similar nor superior to that of the benefits provided under the esi scheme. according ..... rt) no:2467/2001/lbr granted to the petitioner company in respect of the year20012002. exhibit p1a: true copy of the order of exemption dated1709.2002 bearing g.o (rt) no:2769/2002/lbr granted to the petitioner company in respect of the year20022003. exhibit p1b: true copy of the order of exemption dated0107.2003 bearing g.o .....

The Asiatic Government Security Fire and General Assurance Co. Ltd., M ...

Court : Kerala

Reported in : AIR1965Ker214

..... and effect of section 135a of the transfer of property act, 1882.5. section 135a was inserted into the transferof property act, 1882, by the transfer of property (amendment) act, 1944. before the amendment the assignment of rights under both marine and fire insurance policies was governed by section 135. what the amendment did was to take marine insurance policies out of section 135 and provide for them ..... in the new section 135a.6. the bill that became the transfer of property (amendment) act, 1944 was l .....

P.M. John Vs. Divisional Manager, Life Insurance Corporation of India ...

Court : Kerala

Reported in : AIR1960Ker251

..... of service) order. 1957 dated the 30th december, 1957, issued by the central government, in purported pursuance of sections 11(2) of the act, as amended by the life insurance corporation (amendment) act, 1957 (act 17 of 1957). the petitioner has a contention, that ext. r-4 is ultravires, being in contravention of the prescriptions in sections 11(2 ..... ) of the act, but this does not arise for the purpose of disposing of the preliminary objection. ext. r-4 defines the category of ..... with 'such principles as may be laid down by the corporation bv regulations made in this behalf under section 49 of the act.'5. accordingly the corporation framed fxt. r-6, life insurance corporation of india (fixation of pay and allowances of field officers) regulations, 1958 formulating the principles tor fixing the pay and .....

United India Insurance Company Limited Vs. Velayudhan and anr.

Court : Kerala

Reported in : IV(2006)ACC44

..... court held that the expression 'to any person' in section 147 of the act will not cover either the owner of the goods or his authorised representative, being carried in the vehicle. however, after the amendment of section 147 in the year 1994, it is made compulsory for the insurer to insure, even in case of goods vehicle, the owner of the goods or ..... national insurance co. ltd. v. baljit kaur i (2004) a.c.c. 259 (s.c.) : 2004 (1) 938 (s.c.); and national insurance co. ltd. v. bommithi subbhayamma iii (2005) a.c.c. 423 (s.c ..... vehicle. hence, the claimant is not entitled for any compensation amount from the insurer. it is, therefore, contended that the tribunal went wrong in directing the insurer to honour the award. the learned counsel, to emphasise this point, relied on new india assurance co. ltd. v. asha rani iii (2002) a.c.c. 753(s.c.) : 2003 (i) k.l.t. 165; .....

Sebastian Jose Vs. Indian Overseas Bank Ltd.

Court : Kerala

Reported in : 2010(1)KLT980

..... revisable under section 115 of the code of civil procedure.however, after the civil procedure (amendment) act, 1999 the scope and ambit of the revisional jurisdiction of this court under section 115 has undergone a change. after the amendment, arevision is maintainable only in respect of orders that would have finally disposed of the suit ..... respondent-plaintiff is at liberty to move i.a. no. 957/2003 at the appropriate time, after the character of the payment made by the life insurance corporation changes, as indicated in the decisions referred to above. the learned counsel for the first respondent expressed an apprehension that the second respondent may make ..... attachment ordering the revision petitioner to furnish security and in the event of such security being not furnished, to attach the surrender value of his life insurance policies.3. the revision petitioner filed counter objecting to the attachment. after hearing the contesting parties, as per order dated 6.11.2004 the sub court .....

United India Insurance Co. Ltd. Vs. Celinamma

Court : Kerala

Reported in : II(2003)ACC682; III(2003)ACC264; 2003ACJ623; 2003(1)KLT701

..... 1.7.1989) till the amended act 54 of 1994 came into force (till 14.11.1994). now, satpal singh's decision with regard to that point was overruled in new india assurance co. ltd. v. asha rani and ors. (2002 air scw 5229).8. in new india assurance co. ltd. v. cm. jaya (air 2002 sc 651), a constitution bench ..... was not the owner and was, therefore, not liable. before the high court, the case was that because of the circular issued, by the tariff advisory committee the insurance company was liable. the high court held that that ciruclar only dealt with comprehensive policy. that circular has not been produced before us. therefore, the finding of the high ..... that case in the light of the specific clause contained in the policy. the said decision cannot be read as laying down that even though the liability of the insurance company is limited to the statutory requirement, an unlimited or higher liability can be imposed on it. the liability could be statutory or contractual. a statutory liability .....

United India Insurance Co. Ltd. Vs. Bindu

Court : Kerala

Reported in : III(2003)ACC293; 2003ACJ1331; AIR2003Ker225; 2003(2)KLT299

..... . jaya (2002 (1) klt 596 (sc) =. air 2002 sc 651), a ..... occurred after the new act came into force (1.7.1989) till the amended act 54 of 1994 came into force (till 14.11.1994). now, satpal singh's decision with regard to that point was overruled in new india assurance co. ltd. v. asha rani and ors. (2003 (1) klt 156 = 2002 air scw 5259). 8. in new india insurance co. ltd. v. cm ..... , not taking any liability for passengers by accepting higher premium, the liability of the insurance company is limited as provided under the motor vehicles act, 1939 and terms of the policy -new india insurance co. ltd. v. cm. jaya (2002 (1) klt 596 (sc) = air 2002 sc 651). in the result, m.f.a. nos. 935/90, 228/91, 309 and 316/93, and 1033 .....

Oriental Insurance Company Ltd. Vs. Asokan

Court : Kerala

Reported in : 1998ACJ33; (1997)IILLJ546Ker; 1997(1)CLR1039

..... held that sections 4 and 5 of the amending act came into force on september 15, 1995 and therefore, they have no retrospective effect from a date prior to september ..... above dictum laid by the supreme court, it can be assumed that the decision of this court in oriental insurance co. ltd. case(supra) is impliedly overruled. so, the award passed by the commissioner for workmen's compensation applying the amended act is just and proper. hence, the arguments advanced by the appellant's counsel on this ground is rejected.8 ..... is whether the respondent is entitled to get compensation on the oasis of the amended act or on the basis of the law that was in force as on january 29, 1990, the date of the accident.7. a division bench of this court considered this question in oriental insurance co. ltd. v. majeed 1996 (2) klt 1022. it was .....