1
Court : Mumbai
Decided on : Apr-16-1957
Reported in : AIR1958Bom451; (1958)60BOMLR318
ORDER1. The first and the second petitioners were clerks employed by the Bombay Life Assurance Co. Ltd. immediately prior to 1st September, 1956. The third petitioner was a clerk then employed by the Oriental Government Security Life Assurance Co. Ltd. The fourth petitioner was a clerk then employed by the Hindus than Co-operative Insurance Society Ltd. The fifth petitioner was then employed ns an assistant doing clerical work by the New India Assurance Co. Ltd. at Bombay. The sixth petitioner was a peon then employed by the New India Assurance Co. Ltd. at Bombay. The seventh petitioner was then employed as a clerk by the National Insurance Co. Ltd. On 19th January, 1958, the President of India promulgated an Ordinance called The Life Insurance (Emergency Provisions) Ordinance, 1956. Under that Ordinance, on and from the appointed day, that is, the 19th January. 1956. the management of the controlled business of all the insurers carrying on life insurance business vested in the Central...
Tag this Judgment!Court : Chennai
Decided on : Dec-06-1957
Reported in : (1958)2MLJ53
Subrahmanyam, J.1. The Respondent's husband disappeared from his home in 1946. He was then in a disordered state of mind. Persons who would have heard of him if he had been alive had not heard of him when the respondent filed Application No. 1880 of 1955. To that application, she made certain insurance companies, which held policies on his life, respondents. One of these insurance companies was the National Indian Life Insurance Company. In that company, the respondent's husband had a policy for Rs 5,000. The company's interest has now devolved on the Life Insurance Corporation. This application is made by the Life Insurance Corporation.2. In Application No. 1880 of 1955 the respondent prayed for an order (1) declaring that her husband Venkatarama Ayyar must be presumed to have died on or after 16th March, 1953, on the expiry of 7 years from the date of disappearance on 16th March, 1946 and that she was the sole beneficiary under the insurance policies mentioned in Application No. 1880...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-11-1957
..... corporations to any political committee or for any political purpose should be forbidden by law; directors should not be permitted to use stockholders' money for such purposes; and, moreover, a prohibition of this kind would be, as far as it went, an effective method of stopping the evils aimed at in corrupt practices acts." 40 cong.rec. 96. grist was added to the reformers' mill by the investigation of the great life insurance ..... 232 , invalidating federal regulation of senate primary elections, led to the federal corrupt practices act of 1925, 43 stat. 1070, a comprehensive revision of existing legislation. the debates preceding that act's passage reveal an attitude important to an understanding of the course of this legislation. thus, senator ..... section 304 of the labor bill introduced into the house by representative hartley in 1947, like the ellender bill, embodied the changes recommended in the reports of the senate and house committees on campaign expenditures. it sought to amend 313 of the corrupt practices act to proscribe any "expenditure" as well page 352 u. s. 583 as "any contribution," to make permanent 313's application ..... 1956 decided march 11, 1957 352 u.s. 567 appeal from the united states district court for the eastern district of michigan syllabus 18 u.s.c. 610 prohibits any corporation or labor organization from making "a contribution or expenditure in connection with" any election for federal office. an indictment of appellee, a labor organization, under this section .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-24-1957
Reported in : AIR1957SC669; [1957]32ITR82(SC); [1957]1SCR1002
Venkatarama Aiyar, J. 1. This appeal raises a question of importance as to whether amounts shown by an insurance company as reserves for unexpired risks on pending policies are liable to be deducted under rule 2 of Schedule II to the Excess Profits Tax Act (XV of 1940), hereinafter referred to as the Act. 2. The respondent is a company carrying on life, fire, marine and general insurance business, and the present dispute relates to the assessment of excess profits tax on its income from business other than life insurance for the chargeable accounting periods ending December 31, 1940, and December 31, 1941. To appreciate the contentions raised, it is necessary to state that the policies of insurance, with which these proceedings are concerned, are, unlike life insurance policies, issued in general for short periods or ad hoc in relation to a specified voyage or event. To take the most important of them, fire insurance polices, they are issued normally for one year, and the whole of the ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-11-1957
Reported in : AIR1958P& H136
Bishan Narain, J. 1. The Employees State Insurance Corporation (hereinafter called the Corporation) through its Regional Director has filed this appeal under Section 82(2) against the order of the Employees Insurance Court established under the Employees State Insurance Act, 1948 (hereinafter called the Act) whereby the Corporation's application claiming indemnity from the Dyer Meakin Breweries Ltd-, under Section 67 of the Act has been dismissed. 2. Surrender Singh was employed with the Ambala Electric Supply Co. Ltd. He was insured under the Act with the Corporation with effect from 17-5-1953. This insured employee while proceeding on duty on 20-12-1953 was knocked down by a truck belonging to the Dyer Meakin Breweries. At that time it was driven by the Company's employee. As a result of this accident Surrinder Singh died. The Employees Insurance Court ordered the Corporation to pay annas-/10/- per day to the dependants of the deceased. The Corporation filed an application under Sect...
Tag this Judgment!Court : Mumbai
Decided on : Nov-14-1957
Reported in : AIR1958Bom314; (1958)60BOMLR217
Chainani, J. 1. This is an appeal against the order passed by the Election Tribunal, Surat, by which the election of the appellant as a member of the Legislative Assembly of the State of Bombay from the Mazagaon constituency, Greater Bombay, has been set aside, The election was held on 11-3-1957. There were two candidates contesting at this election; the appellant and the respondent. We have been informed at the Bar that four candidates had been duly nominated, but that after the nomination papers of the appellant and the respondent were held to be in order, the other candidates withdrew from the election. The appellant polled 22,914 votes, while the respondent obtained 14,885 votes. The appellant was, therefore, declared duly elected. The respondent thereafter submitted a petition challenging the election of the appellant, on the ground that the appellant, who is an Ayurvedic Medical Practitioner, held an office of profit under the State of Bombay, by reason of his being an Insurance ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-09-1957
Reported in : AIR1957SC699; (1957)59BOMLR945; (1957)35MysLJ(SC)283; [1957]1SCR874
Das, C.J.1. This is an appeal by the State of Bombay from the judgment and order passed on January 12, 1955, by the Court of Appeal of the High Court of Judicature of Bombay confirming, though on somewhat different grounds, the judgment and order passed on April 22, 1954, by a single Judge of the said High Court allowing with costs the present respondents' petition under Art. 226 of the Constitution of India. The said petition was presented before the High Court of Judicature at Bombay on December 18, 1952. In the said petition there were two petitioners who are now the two respondents to this appeal. The first petitioner is an individual who claims to be a citizen of India and the founder and Managing Director of the second petitioner, which is a company incorporated in the State of Mysore and having its registered head office at 2, Residency Road, Bangalore in that State. That petition was further supported by an affidavit sworn by the first petitioner on the same day. 2. The allegat...
Tag this Judgment!Court : Kolkata
Decided on : Feb-22-1957
Reported in : AIR1957Cal234
ORDERP.B. Mukharji, J.1. This is an application by the Indian Iron & Steel Co. Ltd. seeking the Court's confirmation of the alteration of the Memorandum of Association of the company effected by the Special Resolution passed on 7th' December, 1956 at a general meeting of its shareholders. The Special Resolution is carried by the requisite majority.2. The Special Resolution reads as follows : ''That Sub-clause 3 (16) of the Memorandum of Association of the company be deleted and substituted by the following two sub-clauses.16(a) To subscribe, contribute or guarantee money for any national, charitable, benevolent, political, public, general or useful object or funds or for any exhibition.16(b) To establish and support or aid in the establishment and in support of associations, institutions, funds, trusts and conveniences calculated 'to benefit persons who 'are or have been employed by or who are serving or have served the company or its predecessors-in-business or the dependents, connect...
Tag this Judgment!Court : Allahabad
Decided on : Mar-21-1957
Reported in : AIR1957All472
V. Bhargava, J.1. These two references arise out of proceedings for assessment of income-tax of Pt Shri Ram Jha, who was assessed in the status of a Hindu undivided family. Pt. Shri Ram Jha died during the pendency of these references in this Court and is now represented by Dr. Krishna Ram Jha, who succeeded as Karta of the family. The proceedings relate to the two assessment years 1946-47 and 1947-48. The Hindu undivided family included within it the three brothers Pt. Shri Rani Jha, Dr. Krishna Ram Jha and Mr. Hari Ram Jha. Their father had purchased certain shares out of which 100 shares of the Burakar Goal Company of the face value of Rs. 51 each were inherited by these three brothers in the year 1914, on the death of their father. The Hindu undivided family also purchased 100 further shares of the same Company on the 21st September 1921.During the previous year corresponding -to the assessment year 1947-48, the 200 shares of Burakar Coal Company were sold at the rate of Rs. 62-12 ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-03-1957
Textile Workers v. Lincoln Mills - 353 U.S. 448 (1957) U.S. Supreme Court Textile Workers v. Lincoln Mills, 353 U.S. 448 (1957) Textile Workers Union of America v. Lincoln Mills of Alabama No. 211 Argued March 25, 1957 Decided June 3, 1957 353 U.S. 448 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus A union entered into a collective bargaining agreement with an employer providing that there would be no strikes or work stoppages and that grievances would be handled pursuant to a specified procedure, the last step of which was arbitration. Grievances arose and were processed through various steps in the grievance procedure until the union's demands were finally denied by the employer. The union requested arbitration, and the employer refused. Thereupon, the union sued in a Federal District Court to compel arbitration. Held: 1. Under 301(a) of the Labor Management Relations Act of 1947, the District Court properly decreed specific performance...
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