Court : Mumbai
Reported in : 1999ACJ116; 1998(4)ALLMR278; 1998(4)BomCR837; [2000]101CompCas29(Bom); 1998(3)MhLj537
ORDERPer P.S. Patankar, J. 1. In this petition under Article 226 of the Constitution of India, the petitioners are praying for a writ of Mandamus directing the respondent No. 1 Life insurance Corporation of India to pay a sum of Rs. 1 lakh along with interest at the rate of 18% from the date of the death of the insured till payment on the ground that there was a concluded contract between the parties in respect of the two Insurance Policies. The question, in short, involved is whether there was a concluded contract between the parties. A few facts are as under :-- Petitioners Nos. 2 to 7 are the sons and daughters and petitioner No. 1 is the widow of one late Mansukhlal Kothari. Mansukhlal Kothari had given proposal for two insurance policies for a sum of Rs. 1,00,000/- on 14th August, 1987. He also sent a cheque dated 18th September, 1987 for a sum of Rs. 4,169.25. Respondent No. 1accepted it and encashed it on 21st September, 1987. Mansukhlal Kothari died of heart attack on 28th Nove...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008ACJ1040; AIR2008SC1310; 2008(2)ALLMR(SC)784; 2008(1)AWC769(SC); 2008BusLR446(SC); I(2008)CPJ81(SC); (2008)3GLR2304(SC); JT2008(2)SC250; 2008(3)MhLj584; (2008)2MLJ1034(S); 2008AIRSCW1404; 2008(3)LH(SC)1956; 2008(2)ICC581
Arijit Pasayat, J.1. Leave granted.2. Challenge in this appeal is to the order passed by the National Consumer Disputes Redressal Commission (in short the 'National Commission') dismissing the Revision Petition filed by the appellant. Challenge before the Commission was to the order passed in appeal by the Himachal Pradesh State Consumer Disputes Redressal Commission, Shimla (in short the 'State Commission') which in turn had upheld the order passed by the District Forum, Shimla (in short the 'District Forum').3. Background facts in a nutshell are as follows:One Karan Singh Chandel (hereinafter referred to as the 'deceased') had taken a Life Insurance Policy and was insured for a sum of Rs. 1,50,000/-. The annual premium payable was Rs. 12,821/-. The policy was taken on 28.3.1994. The annual premium which was to be paid on or before 28.3.1995 was not paid. In terms of the policy, the same became inoperative after one month. The insured died on 1.7.1995. A cheque drawn on Jogindra Coope...
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal146
Sinha, C.J.1. The facts in this case art shortly as follows: The respondent Jatindra Kumar Das Choudhury was employed by the Hindustan Cables Ltd. of Rupnara-yanpur, Burdwan (hereinafter referred to as 'company'). Sometime in 1956 the employees of the company started a multipurpose co-operative society known as the Hindustan Cables Employee's Co-operative Society Ltd which was registered under the Co-operative Societies Act (hereinafter referred to as the 'society'). The said respondent was appointed the Secretary of the said Society from its very inception The statutory auditor employed by the Registrar of Co-operative Societies, West Bengal, took the audit of the said Society for the year 1960-61 and made his report dated the 26th of March 1963 On the basis of the said audit report, the Registrar dissolved the Managing Committee of the Society on the ground of mismanagement and appointed an administrator who was the Managing Direc-tor of the company. On or about the 6th of March 1963...
Tag this Judgment!Court : Chennai
Reported in : AIR1977Mad72
1. The plaintiff in O. S. No. 2703 of 1969 on the file of the City Civil Court, Madras is the appellant herein. Most of the facts are not in controversy. One Mr. Srinivasa Rao was an insurance agent who died issueless on 8-6-1966. The second respondent herein is his widow. The appellant and the third and fourth respondents are said to be his brothers, and the fifth respondent is said to be his sister. At the time of his death, his mother, by name, Uma Bai, also survived, but she died on 29-6-1968. The said Srinivasa Rao had married the second respondent herein under the Special Marriage Act, and, accordingly, under Section 33(b) of the Indian Succession Act, on the death of the said Srinivasa Rao, the second respondent herein being his widow would be entitled to a half share, and the appellant and respondent 3 to 5 would be entitled to the remaining half share in the estate of Srinivasa Rao. It is adverted in the plaint that after the death of Srinivasa Rao, the second respondent took ...
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
ANUPAM DASGUPTA This revision petition is against the order dated 27.12.2005 of the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (in short, the State Commission) in First Appeal no. 113 of 2000. By this order, the State Commission dismissed the appeal of the Life Insurance Corporation of India (hereafter, the LIC) against the order dated 29.09.1999 of the District Consumer Disputes Redressal Forum, Ahmedabad City, Ahmedabad (in short, the District Forum) in complaint case no. 1797 of 1993. 2(i)Complainant no. 2 before the District Forum was the nominee in the life insurance policy for Rs.50,000/- (with accident benefit) taken by her husband (Rasiklal Maganlal Panchal) with effect from 07.10.1989. The premium for the policy was to be paid half yearly. The premium due on 15.05.1991 was not paid even within the grace period of one month, which expired on 04.06.1991. The life assured died on 25.07.1991. The overdue premium was, however, paid with interest on 11.10.1991 a...
Tag this Judgment!Court : Kerala
Reported in : [1972]84ITR30(Ker)
Krishnamoorthy Iyer, J.1. This is a reference under Section 256(1) of the Income-tax Act, 1961, by the Income-tax Appellate Tribunal, Cochin Bench, at the instance of the Commissioner of Income-tax, Kerala. The question referred for decision is:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the amount to be taken for purposes of reduction in rebate on corporation tax under the Finance Act of 1964 is only Rs. 2,09,076.46 and not Rs. 3,50,000 ?'The assessee is the Kerala Financial Corporation constituted under the State Financial Corporations Act of 1951 (Act LXIII of 1951). Section 43 of the said Act declares that for the purposes of the Income-tax Act, the financial corporation shall be deemed to be a company within the meaning of that Act and shall be liable to income-tax and super-tax accordingly on its income, profits and gains.2. For the assessment year 1964-65, the accounting year being the year ending with March 31, 1964, t...
Tag this Judgment!Court : Mumbai
Reported in : 1985(1)BomCR443; (1984)86BOMLR596; [1986]59CompCas417(Bom)
1. The petitioner in this petition, who is the accused in Criminal Case No.63/8 of 1981 pending in the Court of the Metropolitan Magistrate, 14th Court, Girgaum, Bombay, was prosecuted for an offence under section 630 of the companies Act, 1956, filed this petition under section 482, Cr PC, for quashing the criminal proceedings and in the alternative for staying the criminal proceeding pending the decision in Suit No.276 of 1972 filed by the petitioner on the original side of this court and also in the alternative for staying further proceeding of the criminal court pending the hearing and final disposal of Suit No,3315 of 1981 filed by the petitioner in the Court of Small Causes at Bombay for a declaration that he is a tenant of the premises occupied by him.2. The petitioner-accused was in the employment of respondent No.1 company (hereinafter referred to as 'the company') from June, 1962, to June 30, 1981, when his services were terminated. While the petitioner was in the employment ...
Tag this Judgment!Court : Gujarat
Reported in : (1985)1.GLR57
P.S. Poti, C.J.1. These cases are heard together since the question arising for decision in all these is identical. Certain provisions of Gujarat Public Moneys (Recovery of Dues) Act, 1979 (for the sake of convenience we refer to the Act hereafter, in brief, as 'the Recovery Act') are challenged by the petitioners in all these petitions under Article 226 of the Constitution of India. The Recovery Act is passed by the Gujarat Legislature and, as its preamble shows, is an Act enabling speedy recovery of certain classes of dues payable to the State Government, Corporations, Financial Corporations, Companies and nationalised or other banks. The Bill having been reserved for the assent of the President received such assent on 18th May, 1979.2. Section 3 of Act 17 of 1979 is the main provision in the Act. That enables recovery of certain dues as arrears of land revenue. The procedure for such recovery is prescribed in Sub-sections (1) and (2) of Section 3 and Sub-section (4) bars any suit fo...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC602; 1988(36)BLJR116; JT1987(4)SC620; 1987(2)SCALE1277; (1988)1SCC363; 1988(1)LC6(SC)
1. This is an appeal from the Order of the High Court of Patna striking out the defence of the tenant for failure to deposit rent in accordance with the Bihar Building (LR. and E.) Control Ordinance 1982. The Trial Court found that there was such default. The High Court in revision also found that the rent for the month of July, which was to be deposited by the 15th August, 1979, was deposited not earlier than 20th August, 1979, so, there was a default. Indeed, the High Court has further noted the conduct of the tenant who had made default even in complying with the two orders mentioned above. Therefore, the High Court was of the view that the Trial Court had rightly struck off the defence. The tenant made out a case that there was a bank strike and as such he could not deposit his rent in time, that is obviously not a correct plea. It was found that there was, in fact, no bank strike. The special leave petition proceeded on the basis that there was actual delay of 4 or 5 days in depos...
Tag this Judgment!Court : Kolkata
Reported in : [1995]214ITR532(Cal)
Suhas Chandra Sen, J. 1. The Tribunal has stated the following questions of law to this court : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that if the assessee had been allowed to vary the meaning of the expression 'previous' year in respect of the business or profession and such previous year was of thirteen months or more, the depreciation allowance calculated as per Rule 5(1) of the Income-tax Rules, 1962, had to be increased by multiplying it by a fraction of which the numerator would be the number of complete months in such previous year and the denominator would be twelve 2. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in cancelling the order of the Commissioner of Income-tax passed under Section 263 of the Income-tax Act, 1961 ' 2. The facts found by the Tribunal are as under : The assessee is Rexor India Ltd. and the assessment year involved is 1984-85. The assessee h...
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