Judgment Search Results Home > Cases Phrase: life insurance corporation act 1956 section 43 application of the insurance act Sorted by: recent Year: 2010 Page 1 of about 97 results (0.097 seconds)

Pradeep Trust Vs. Commissioner of Income Tax

Court : Kolkata

..... of the firm, the period determined as the previous year for the assessment of the income of the firm; or(g) in respect of profits and gains from life insurance business, the year immediately preceding the assessment year for which annual accounts are required to be prepared under the insurance act, 1938 (4 of 1938), or under that act read with section 43 of the life insurance corporation act, 1956 (31 of 1956).(2) where an assessee has newly set up a business or profession in the said financial year and his accounts are made up ..... revenue authority is precluded from contending that the said branch business was not a separate source of income of the assessee.19. it appears from the order impugned that the tribunal relied upon section 3(1)(f) of the act which is applicable to a case where the assessee was a partnership firm and such firm was assessed as such. in the case before us, until december 31, 1981, m/s. sancheti enterprise was an 'association of persons' and thereafter ..... , it became a proprietary concern of the assessee. section 3(1)(f) of the act is not at all applicable to a case where the assessee is a member of the 'association of persons'. at the relevant period, in case of income of 'association of persons', it was only such association, which was to be assessed, and there was no question of taxation .....

Sholay Media Entrtainment and anr. Vs. Yogesh Patel and ors.

Court : Delhi

Reported in : LC2010(1)268

S. Ravindra Bhat, J. 1. This order will dispose off an application IA 12828/2009 whereby the defendants seek dismissal of this suit for injunction, on the ground that this Court lacks territorial jurisdiction.2. The plaintiffs in this suit seek permanent injunction to restrain the defendants or their representatives from using selling, soliciting, exporting, displaying, or advertising their goods and the services under the mark 'SHOLAY', which the plaintiffs owns. The plaintiffs company is engaged in film production, and avers to being one of the foremost concerns in that regard. The suit speaks of the plaintiffs. extensive reputation, and production of prominent and well- known films. It is alleged that the plaintiffs produced the blockbuster 'SHOLAY' in 1975, which became one of the most successful and renowned films ever. The plaintiffs allege that 'SHOLAY' and its appeal has transcended films, and it has cut across barriers of geography, language, ideology and class. It also allude...

Alberto Co. Vs. R.K. Vijay and ors.

Court : Delhi

Reported in : 166(2010)DLT391

S. Ravindra Bhat, J.IA No. 12828/20091. This order will dispose of an application IA 12828/2009 whereby the defendants seek dismissal of this suit for injunction.2. The plaintiff in this suit seek permanent injunction to restrain the defendants or their representatives from using selling, soliciting, exporting, displaying, or advertising their goods and the sale of various kinds of cosmetics and personal care products under the trademark 'VOV', which the plaintiff owns. It is contended that the plaintiff company honestly coined and conceived and started using the trademark 'VO5' and 'VO5 along with the term ALBERTO', which is its name. The plaintiff company's name is depicted in small letters about the letter V. The plaintiff has produced photographs depicting its trademark. It claims to be using the Mark continuously since 1955 as its proprietor and have built a valuable trade goodwill and reputation in respect of such products under the trademark in question. The suit averments are a...

United India Insurance Company Ltd. Vs. Krishna Devi and ors.

Court : Jammu and Kashmir

1. Krishna Devi-respondent s Claim for compensation for the death of her son Raj Kumar, who, received head injury, besides other multiple injuries while sitting in his Autorikshaw near Cinema Hall, Katra, when hit by a rashly and negligently driven Bus No. DLIP-1521 on February 27, 1999, was allowed by the Motor Accidents Claims Tribunal, Reasi vide its Award of August 31, 2007, directing the United India Insurance Company Limited to pay her Rs.3,81,400/- along with interest, as compensation, finding that her son had died because of the injuries received in the accident, which had occurred as a result of the rash and negligent driving of Bus bearing registration No. DLIP-1521. Aggrieved by the Award, the Insurance Company has appealed to this Court.2. Appellants learned counsel submitted that the quantum of compensation awarded by the Tribunal as payable to the respondent was excessive having been determined adopting untenable method for assessment of compensation. The finding of the T...

Kanhaiyya Lal and Others Vs. State of U.P. and ors.

Court : Allahabad

1. Heard Sri B.D. Mandhyan, learned Senior Advocate, assisted by Sri Satish Mandhyan for the petitioners, Sri M.D. Singh Shekhar, learned Senior Advocate, assisted by Sri Jamwant Maurya and Sri M.C. Gupta for respondent no. 4 and learned standing counsel representing the State respondents. Counter and rejoinder affidavits have been exchanged between the parties and with consent of learned counsel for the parties, the writ petition is being finally decided. 2. By means of present writ petition, the petitioners who are small businessmen/traders of Nagar Panchayat Raya, District Mathura have challenged the vires of bye-laws namely; "Nagar Panchayat Raya Ki Seemantargat Vanijya Niyantran Hetu License Niyamawali" dated 13.8.2001. 3. The Petitioners' case in the writ petition is that the population of Nagar Panchayat Raya is not more than 30,000, the petitioners are carrying business in general merchandise, building materials, provisional stores, cloths etc. Citations dated 16.6.2010 have be...

Prabhuji and anr. Vs. State of U.P. Thru Secy. Appointment and ors.

Court : Allahabad

..... 2004 (p. 2012) rakesh wadhawan versus jagadamba industrial corporation, hon'ble supreme court while interpreting section 13(2)(i) of the east punjab urban rent restriction act, 1949 held that the qualifying expression ''assessed by the controller' in the proviso qualified also ''the arrears of rent' and not merely ''cost of application. 81. in (1990) 2 all er 170 r ..... is the golden rule, justice frank further used words of practical wisdom when he observed (massachusetts s & insurance. co. v. u. s. (1956) 352 u. s. 128 at p. 138): there is no surer way to misread a document than to read it literally. " 94. lord denning in ..... the case of o. p. garg (supra), hon'ble supreme court had extended the benefit of unamended rules while deciding the rights of promotees and direct recruits on the basis of old rules. 43. as observed, vacancies of the year 1992-94 for which the petitioners were entitled for selection under unamended rules, in view of the aforesaid proposition of law, the petitioners and other similarly situated ..... 2260. to reproduce relevant portion, to quote : "20. the law is not 'a brooding omnipotence in the sky' but a pragmatic instrument of social order. it is an operational art controlling economic life, and interpretative effort must be imbued with the statutory purpose. no doubt, grammar is a good guide to meaning but a bad master to dictate. notwithstanding the traditional view that grammatical construction .....

Manoj Agarwal and ors Vs. Collector, Lucknow and ors.

Court : Allahabad

1. M/s. Richa Telecom, a propriety firm of the petitioner, entered into an agreement with M/s. ICICI Prudential Life Insurance Company Limited (hereinafter referred to as the 'ICICI Company') for providing telecom services. Pursuant to that, according to the petitioner, he took a number of telephone connections from various telecom companies, including Bharat Sanchar Nigam Limited (BSNL), which were installed at various offices of the ICICI Company. There arose some disputes and differences between the petitioner and the ICICI Company in respect of payment of bills, which have been referred to an Arbitrator. 2. According to the petitioner, the telecom companies including BSNL - respondent no.3, raised several bills for various telephone connections taken by the petitioner at various locations across the Uttar Pradesh and Uttaranchal, and on 21.06.2010, respondent no.3 sent a recovery certificate to the Collector, Lucknow for recovery of a sum of Rs. 1,65,699/- towards arrears of teleph...

Ajay Kumar Vyas and ors. Vs. Indian Road Construction Corporation Ltd ...

Court : Delhi

1.The appellants herein are the erstwhile employees of Indian Road Construction Corporation Limited (hereinafter referred to as IRCC, for short) the company under liquidation. They had on 30th June, 2000 applied under voluntary retirement scheme (hereinafter referred to as VRS, for short) circulated vide circular dated 31st May, 2000 and were paid retirement benefits stipulated therein on 30th Sept.,2000. Subsequently, petition for winding up of IRCC i.e. CP No. 14 of 2004 was filed in this Court on 20.01.2004 and on the request of the Central Government, Mr. Pran Konchady was appointed as a Liquidator. Advertisement/notice was published inviting claims against IRCC, the company in liquidation, on 18th June, 2004 and pursuant thereto the appellants filed their claims under Rule 148(2) of the Company (Court) Rules, 1959 (hereinafter referred to as Co.A(SB) No.20/2006 Page 1 the Rules, for short). The claim made by the appellants before the Liquidator was that they had not been paid reti...

The Regional Director. Vs. Bharat Hotel.

Court : Kerala

1. These two appeals are preferred by the Regional Director of the E.S.I.Corporation against the order in I.C.Nos.32 & 57/2002 of the E.I.Court, Alappuzha. Both the cases were disposed of by a common judgment. 2. The point involved in I.C.No.32/2002 is that the applicant/establishment therein is a partnership firm running a vegetarian hotel in Ernakulam city. It is also conducting a training course relating to hotel services. It is contended that in the training school, trainees are taught by qualified persons and at the end of the training period, they are given certificates and if any vacancy arises in the hotel, they are absorbed and paid stipend. Similarly, performance allowance is also given to the other employees. It is contended that the trainees' stipend cannot be tacked on for the purpose of contribution under the Employees' State Insurance Act. So also performance allowance shall not be tacked on with the wages for the said purpose. 3. In I.C.No.57/2002 also the similar quest...

Oriental Insurance Co. Ltd. Vs. Smt. Madhu and ors.

Court : Delhi

1. Whether reporters of local papers may be allowed to see the judgment?2. To be referred to the Reporter or not?3. Whether judgment should be reported in Digest?MAC APP. No.155/2005 Page 1 of 15 : REVA KHETRAPAL, J.1.The present appeal is directed against the award dated 18th December, 2004 passed by the Motor Accident Claims Tribunal in Claim Petition No. 69/2004 whereby the Tribunal awarded a sum of ` 4,80,000/- along with interest @ 5% per annum from the date of the filing of the petition till realization, with a direction to the appellant to pay the entire award amount within one month. The appellant was, however, held entitled to recover the award amount from the respondents no.4 and 5 herein (the respondents no.1 and 2 in the Claim Petition).2. The facts giving rise to the claim before the Motor Accident Claims Tribunal were that on 25th January, 2003 at about 10.00 p.m., one Rishi Pal was going on his motorcycle bearing No. HR-51-1742 with his daughter Aarti. When he reached ne...