Court : Mumbai
Decided on : Dec-21-1983
Reported in : [1985]58CompCas178(Bom)
..... which it was material to disclose.'13. section 43 of the life insurance corporation of india act, 1956, inter alia, provides that s. 45 of the insurance act, 1938, shall apply to the corporation as it applies to any other insurer. shri taleyarkhan did not dispute that under the provisions of s. 45 of the insurance act, 1938, it is not open to the corporation to question any policy on the ground that the statement made in the proposal was inaccurate or false. shri taleyarkhan submits that the corporation can repudiate the policy provided it ..... july 7, 1975, and the deceased died after the passage of two years from that date and obviously the provisions of s. 45 of the insurance act come into play.14. the supreme court considered the ambit of s. 45 of the insurance act in the case of mithoolal nayak v. life insurance corporation of india : air1962sc814 and laid down that the three conditions for the application of the second part of s. 45 are (at p. 184) :'(a) the statement must be on a material matter or must suppress ..... facts which it was material to disclose.'15. it is necessary now to ascertain whether the deceased made any inaccurate or false statement in the proposal submitted to the corporation and even assuming that such statement was made whether the second part of s. 45 of the insurance act has application to the facts of the case. column 4 of the proposal form requires the deceased to state what is the usual state of his health and the deceased had answered that it was .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-21-1983
Reported in : AIR1985Bom192; 1984(2)BomCR155
..... the time of making it that the statement was false of that it suppressed facts which it was material to disclose.'section 43 of the life insurance corporation of india act, 1956, inter alia, provides that s. 45 of the insurance act shall apply to the corporation as it applies to any other insurer, shri taleyarkhan did not dispute that under the provisions of s. 45 of the insurance act, it is not open for the corporation to question any policy on the ground that the statement made in the proposal was inaccurate or false. shri taleyarkhan submits that the corporation can repudiate the policy provided it is shown that such statement by the policy-holder was on a material matter ..... . the policy was taken out by the deceased husband of the petitioner on july 7, 1975 and the deceased died after the passage of two years from that date and obviously the provisions of s. 45 of the insurance act come into play. 10. the supreme court considered the ambit of s. 45 of the insurance act in the case of mithoolal nayak v. life insurance corporation of india : air1962sc814 and laid down that the three conditions for the application of the second part of s. 45 are :(a) the statement must be on a material matter or must suppress facts which it was material to disclose, (b) the suppression must be fraudulently made by the policy .....
Tag this Judgment!Court : Orissa
Decided on : Dec-23-1983
Reported in : [1986]59CompCas774(Orissa); 1984(I)OLR399
R.C. Patnaik, J.1. This appeal arises from a dismissal of an action started on a motion by the widow on the death of her husband for recovery of a sum under a contract of life insurance.2. Rama Abatar Agarwala, the deceased husband of the appellant, submitted a proposal for life insurance through the local agent of the Life Insurance Corporation of India, Rourkela. Along with the proposal were submitted the report of the doctor and the report of the agent. Rama Abatar also deposited Rs. 225.45. A receipt was granted therefor by the branch office and the branch manager, it is alleged, intimated that the proposal would be accepted and policy issued within a short while. On December 1/2, 1967, the Corporation asked Rama Abatar to submit a further medical report from another authorised doctor of the Corporation. Examination was done on December 14, 1967, and the report was submitted to to the defendant-respondent on December 19, 1967. The plaintiff-appellant has averred that, while accepti...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-16-1983
Reported in : AIR1984SC541; 1984LabIC301; (1984)ILLJ314SC; 1983(2)SCALE1060; (1984)2SCC141; [1984]2SCR200; 1984(1)SLJ474(SC); 1984(16)LC44(SC)
D.A. Desai, J.1. In this, group of writ petition, civil appeal, special leave petition and review petitions, a common question of law is raised whether Indian Council of Agricultural Research ('ICAR for short) and its affiliate Indian Veterinary Research Institute (IVRI for short) are either itself the State or such other authority as would be comprehended in the expression 'other authority in Article 12 of the Constitution Re: W.P. No. 587/75 :2. Petitioner No. I was Professor of Animal Pathology, petitioner No. 2 was Professor of Animal Genetics and petitioner No. 3 was Professor of Veterinary Parasitology, all attached to IVRI. Six posts of Professors one each in Animal Pathology, Animal Genetics, Veterinary Parasitology, Animal Nutrition, Bacteriology and Physiology were created on the introduction of the post-graduate wing in IVRI in 1958. At the relevant time the post of Professor carried the scale of Rs. 700-1250. Of the six-posts, first mentioned, three posts of Professors were...
Tag this Judgment!Court : Mumbai
Decided on : Dec-09-1983
Reported in : [1984(48)FLR187]; [1982]135ITR689a(Bom); (1984)ILLJ496Bom
C.S. Dharmadhikari and H.H. Kanthari, JJ.1. By this writ petition under Art. 206 of the Constitution of India, the petitioner challenged the legality and propriety of an order dated 18th October, 1982, passed by and on behalf of the National Dairy Development Board, Anand, Gujarat State (hereinafter referred to as 'the Board') terminating the services of the Petitioner No. 1 with immediate effect. The relief prayed for by the petitioners is for setting aside the said order and reinstatement of Petitioner No. 1 with full back wages and continuity of service.2. The facts giving rise to this writ petition are that Shamsudeen Abdul Rahim (petitioner No. 1) was appointed as an 'Extension Worker' by an order dated 19th July, 1974 by the Board. Thereafter by an order dated 28th March, 1979 he was appointed as an 'Extension Assistant' in the scale of Rs. 500-900. He was confirmed by an order dated 1st April, 1980 in the post of an 'Extension Assistant'. According to the petitioners the Nationa...
Tag this Judgment!Court : Gujarat
Decided on : Dec-09-1983
Reported in : (1984)1GLR608
S.A. Shah, J.1. The petitioner challanges the order of her removal from service, passed by the District Health Officer on 9-3-1977. produced at Annexure-F and the appellate order dated 5-12-1977 passed by the District Development Officer, dismissing her appeal.2.The facts of this petition inter alia are as under.The petitioner was appointed as mid-wife by an order dated 7-10-1961 of the Deputy Director of Public Health Services, Baroda which is produced at Annexure-A. There is no dispute that the petitioner was a State Government servant at the time of her appointment. On coming into force of the Gujarat Panchayats Act, 1961 (hereinafter referred to as 'Panchayat Act') under the provisions of Section 157 the Department of Public Health and Medical Relief was transferred to the District Panchayats so that the panchayats can exercise the powers and functions and duties which are exercised by the State Government. It appears that with the transfer of Public Health and Medical Relief Depar...
Tag this Judgment!Court : Allahabad
Decided on : Dec-08-1983
Reported in : 1(1984)ACC273
N.N. Mittal, J.1. This is an appeal by the claimant in a motor accident claim case who, having failed in the court below has come up for redress in this Court.2. According to the case of the parties on 15.9.71 the deceased along with Nand Kishore P.W. 1 started from Jalesar on Motorcycle No. UPT 1614 for Agra. The motorcycle was being driven by the deceased and Nand Kishore was seated on the pillion. When they approached to village Naharpur on the main road truck No. UPT 564 was going ahead which he overtook after the truck-driver had duly given side to him. As soon as the motorcycle had overtaken the truck he saw a cyclist coming from the opposite direction due to which the motorcyclist fumbled and fell down throwing away the pillion rider on the left side beyond the road while the driver himself fell down on the road. The truck which at that time was about 15 to 20 paces behind came rushing and curshed the skull of the motorcyclist who had been lying on the road. The truck still went...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-06-1983
Reported in : II(1984)ACC377; AIR1984SC346; 1984(32)BLJR210; [1984]55CompCas214(SC); (1984)1CompLJ1(SC); 1983(2)SCALE869; (1984)1SCC424; [1984]1SCR992; 1984(16)LC866(SC)
E.S. Venkataramiah, J.1. The short question which arises for consideration in this appeal by special leave is whether a nominee of a life insurance policy Under Section 39 of the Insurance Act, 1938 (Act No. IV of 1938) (hereinafter referred to as 'the Act') on the assured 'dying intestate would become entitled to the beneficial interest in the amount received under the policy to the exclusion of the heirs of the assured.2. The facts leading to this appeal are these : One Jag Mohan Swarup who was governed by the Hindu Succession Act, 1956 died intestate on June 15, 1967 leaving behind him his son, Alok Kumar (plaintiff No. 2), his widow Usha Devi (defendant) and his mother Sarbati Devi (plaintiff No. 1) as his heirs. He had during his lifetime taken out two insurance policies for Rs. 10,000 each and had nominated under section 39 of the Act his wife Usha Devi as the person to whom the amount was payable after his death. On the basis of the said nomination, she claimed absolute right to...
Tag this Judgment!Court : Allahabad
Decided on : Dec-05-1983
Reported in : 1(1984)ACC282
O.P. Saxena, J.1. This is an appeal under Section 110D of the Motor Vehicles Act against the award dated 7-12-76 made by the Motor Accidents Claims Tribunal (III Additional District Judge) Kanpur.2. The facts giving rise to this appeal are that on 14-4-73 at about 8 A.M. at Kalpi Road, opposite Satnam Petrol Pump within the limits of village Shahpur, P.S. Kalyanpur, District Kanpur, claimant Shiv Shanker Singh Rathor met with an accident while he was coming to Kanpur on motor cycle UPC 5149. The claimant had a farm at village Gangaganj and he returned from there on his motor-cycle at about 7.30 A.M. on his way back to Kanpur to join duty at the Sub-Divisional Office of the Life Insurance Corporation, Kanpur. He was employed there as a clerk and his basic salary was Rs. 325/- per mensem with Rs. 400/- as dearness allowance and Rs. 20/- as House Rent allowance. He also got 10% of the basic pay as bonus. There is an Indian Oil Depot on the Kalpi-Kanpur road which goes from west to east. A...
Tag this Judgment!Court : Rajasthan
Decided on : Dec-01-1983
Reported in : 1983WLN(UC)314
D.L. Mehta, J.1. Petitioner has preferred this writ petition challenging the award dated May 1, 1982 passed by the Labour Judge, Bikaner, Petitioner has raised only two points before me during the course of argument; (i) that the State Government was not appropriate authority, as defined Under Section 2(e) read with Section 14 of the Industrial Disputes Act, 1947 to make the reference; and (ii) that the labour Court was not justified in granting the relief of re-instatement and 50% salary.2. Learned Counsel for the petitioner has invited my attention to the case of Som Prakash v. Union of India . The relevant portion of Head Note 'A' leads as under:The preponderant considerations for pronouncing an entity as State agency or instrumentality are (i) financial resources of the State being the chief funding source (ii) functional charter being governmental in essence, (iii) plenary control residing in Government, (iv) prior history of the same activity having been carried on by Government ...
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