Court : Supreme Court of India
..... circular was held to be unconstitutional and was, accordingly, struck down. submissions4 the learned counsel appearing for the appellant insurer invited our attention to section 6 of the life insurance corporation act, 1956 (for short, the lic act ). he submitted civil appeal no.4095 of 2012 page 2 of 10 that under sub-section (1) of ..... section 6, the appellant has a duty to carry on life insurance business. in fact, he relied upon sub-section (3) of section 6 of the lic act ..... ltd. & ors. respondents judgment abhay s. oka, j.factual aspects1 under section 38 of the insurance act, 1938 (for short, the insurance act ), an insured who is holding a policy of life insurance issued by the appellant life insurance corporation of india (insurer) is entitled to transfer or assign the policy with or without consideration by an endorsement upon the .....
Tag this Judgment!Court : Supreme Court of India
..... 2005) 13 scc287 is quite instructive. in the said case, a prayer was made before this court to issue directions for appropriate amendment in the m.p. municipal corporation act, 1956. repelling the submission, the court held that it is purely a matter of policy which is for the elected representatives of the people to decide and no directions ..... equal strength of this court, it is the earlier one which is to be followed by the high courts, as held by a 5-judge bench in national insurance company limited v pranay sethi, (2017) 16 scc6805 the high courts, of course, will do so with careful regard to the facts and circumstances of the case ..... , (1996) 3 scc416 anugrah narain singh v state of uttar pradesh, (1996) 6 scc303 election commission of india v ashok kumar, (2000) 8 scc216 kishansing tomar v municipal corporation, ahmedabad, (2006) 8 scc352 west bengal state election commission v communist party of india (marxist), (2018) 18 scc141 dravida munnetra kazhagam v state of tamil nadu, (2020) .....
Tag this Judgment!Court : Supreme Court of India
..... of coparcenary property is the purpose of the law45. we must clarify that it is true that the hindu law recognises a branch of the family as a subordinate corporate entity, within the fold of the larger coparcenary comprising many such branches. however, even such branches can acquire, hold and dispose of family property subject to certain limitations ..... entitled only to a share in their parent s property but cannot claim it of their own right as a consequence of which they cannot seek partition during the life-time of their parents. however, the court has also observed that once such children are declared as legitimate, they will be at par with other legitimate children. ..... and illegal marriage have been specifically safeguarded under section 16, they ought not to be treated on par with children born from a lawful 1 the hindu marriage act 1955 (hma) 2 section 16(2) of hma3(2003) 1 scc7303 part a marriage for the purpose of inheritance of the ancestral property of the parents4. this court held .....
Tag this Judgment!Court : Supreme Court of India
..... , all amounts due, in respect of contributions payable during the twelve months next before the relevant date, by the company as the employer of any persons, under the employees' state insurance act, 1948, (34 of 1948), or any other law for the time being in force; civil appeal no.2568 of 2013 page 7 of 38 (e) unless the company is being ..... debt in india is not entitled to precedence over a prior secured debt. this principle also emanates from the decision of the constitution bench of this court in builders supply corporation v. union of india and others29, which was followed by a three 28 tll, 7th edn., p.386. 29 (1965) 2 scr289 civil appeal no.2568 of 2013 page 27 ..... from the central board of revenue, on the question of a priority to be given to crown demands generally and, in particular, to arrears of income tax, super tax and corporation tax. it was suggested that there should be no time limit for the preferential payment of these crown debts and that section 230 of the indian companies .....
Tag this Judgment!Court : Supreme Court of India
..... arbitral tribunal and that of the single judge of the high court under section 34 of the act rejecting all claims were set aside and certain claims were allowed. this appeal by konkan railway corporation limited challenges the legality of the order passed by the division bench of the high court while ..... all construction plant, labour, supervision, materials, all temporary works, false works, all leads and lifts, erection, specified finishes, maintenance, establishment and overhead charges, insurance, profits, foreign taxation and levies, taxes, royalties and duties together with all general risks, liabilities and obligations set out or implied in the contract and including ..... is perverse [south east asia marine engineering and constructions ltd v oil india ltd, (2020) 5 scc164 patel engineering ltd v north eastern electric power corporation ltd, (2020) 7 scc167. as regards the dispute for reimbursement on account of toll tax effected by the government of jammu and kashmir through various .....
Tag this Judgment!Court : Supreme Court of India
..... . while acknowledging the difference between the facts of both cases, to the extent that policyholders were members of the new york life insurance company, but outsiders as regards london assurance corporation, it was concluded that distinction creates no real difference. evolution of the principle of mutuality in india:8. 5 the calcutta ..... funds invested in fixed deposits with the corporate member banks is exempt from levy of income tax, based on the doctrine of mutuality. after appreciating the general understanding of the doctrine of mutuality in the context of the provision of the act and by referring to new york life insurance co. vs. styles (surveyor of ..... the taxability of the surplus made by mutual benefit associations is the styles case. the members of new york life insurance company comprised its policyholders. the company calculated insurance premium based on the estimated death rate in its membership. the surplus of premium collected after deducting the expenditure incurred towards .....
Tag this Judgment!Court : Supreme Court of India
..... 395 provides for punishment for the offence of dacoity. section 395 reads thus:- section 395. punishment for dacoity. whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.14. theft amounts to robbery if, ..... ground for proceeding against the accused. (6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the 35 institution and continuance of the proceedings and/or where there is a specific provision in the ..... involved in the various criminal activities. the main allegations against mohd. iqbal are as follows: amassed disproportionate assets; incorporated a number of sham companies under the companies act, 1956, many of which have dummy directors or fictitious shareholders; used golbal university in saharanpur (located in exceeding area more than 700 acres, where he is .....
Tag this Judgment!Court : Supreme Court of India
..... criminal justice system. 17.7. therefore, as mentioned supra, section 167(2) is integrally linked to the constitutional commitment under article 21 promising protection of life and personal liberty against unlawful and arbitrary detention, and must be interpreted in a manner which serves this purpose. in this regard we find it useful ..... conflict or confusion. vijay madanlal choudhary (supra):27. 27. the task of the director or an authority authorised by the central government under the 2002 act for the collection of evidence is the intrinsic process of adjudication proceedings. in that, the evidence so collected by the authorities is placed before the ..... the writ of habeas corpus petition is maintainable; 2. enforcement directorate is not entrusted with the powers to seek police custody under the prevention of money laundering act, 2002; 3. miscellaneous petition filed by respondent 1 seeking exclusion of the period is dismissed; 7 17. justice d. bharata chakravarty, recorded his views in .....
Tag this Judgment!Court : Supreme Court of India
..... .749/2007 in exercise of the power conferred by sub-section (5) of section 1 of the employees state insurance act 1948 (central act 34 of 1948), the government of kerala in consultation with the employees state insurance corporation and with the approval of the central government and after having given six months notice of its intention to do ..... to the respondent establishment w.e.f. 06.09.2007 and not from 22.11.20024. 1 the employees state insurance corporation 2 ins. app. no.4 of 2008(a) 3 the employees state insurance act, 1948 (hereinafter the act ) 4 wrongly typed in the impugned order as 24.11.2002 page 1 of 12 civil appeal no.3368 of20122. ..... hereby extend the provisions of the said act to the classes of establishments specified in column (1) of the schedule annexed hereto and .....
Tag this Judgment!Court : Supreme Court of India
..... whether movable or immovable; (d) intangible assets including but not limited to intellectual property, securities (including shares held in a subsidiary of the corporate debtor) and financial instruments, insurance policies, contractual rights; (e) assets subject to the determination of ownership by the court or authority; (f) any assets or their value ..... and adjudication of disputes it had primacy over all other laws, including the ibc, which was a general law dealing with corporate insolvency implemented much later. in terms of the 2003 act, and the regulations framed under it, including the uttar pradesh electricity supply code, 2005 (hereinafter, 2005 code ), a ..... both private and public. the supply of electricity, the generation, transmission, and distribution of electricity has been liberalized in terms of the 2003 act barring certain segments. private entities are entitled to hold licenses. in this context, it has to be emphasized that private participation as distribution licensees .....
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