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 : Delhi
Decided on : May-18-1983
Reported in : 1983RLR642
Prakash Narain, J.(1) As the main plank of the arguments, addressed on behalf of the petitioners, is the decision of the Supreme Court in Lic v. D.J. Bahadur : (1981)ILLJ1SC , we may first consider that case. A writ petition u/Art 226 of the Constitution had been filed in the Allahabad High Court challenging a notice dt. 6.5.78 issued by Lic u/s 9A of the Industrial Disputes Act and a notification dt. 26.5.78, issued u/s 11(2) of the Act by the Central Gov. The writ petition was allowed by the High Court resulting in an appeal being filed by Lic in the Supreme Court. Another similar petition was pending in the Calcutta High Court which was transferred to the S.C. Both these matters were disposed of together. The challenge before the Allahabad and the Calcutta High Court, was preferred by Class Iii and Class Iv employees who had contended that the impugned order and notification amounted to changing their conditions of service to their detriment vis-a-vis payment to them of bonus to whi...
Tag this Judgment!Court : Delhi
Decided on : Mar-02-1983
Reported in : [1985(51)FLR260]; (1984)ILLJ438Del
Sachar, J.1. This is a batch of letters Patent Appeals and Civil Writ Petitions. Apart from certain special facts in each case which we shall mention later on, the common point which arises in all these appeals and writ petitions relates to whether an employee of Delhi Municipal Corporation working on DESU side if suspended pending a departmental enquiry or during the pendency of investigation or enquiry on criminal charges is entitled to be paid full wages as urged by the workman respondent or only the subsistence allowance, as claimed by the appellant Management. We shall take the facts from L.P.A. 107 of 1977. 2. The respondent workman remained under suspension from 9th June, 1970 to 31st December, 1974. He thereafter moved the Labour Court under S. 33(C)(2) of Industrial Disputes Act claiming the full wages for the period he was under suspension. The Delhi Municipal Corporation resisted plea amongst others on the ground that only subsistence allowance was payable in terms of Regula...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-02-1983
Reported in : AIR1984SC1462; 1983LabIC1483; (1983)IILLJ429SC; 1983(2)SCALE199; (1983)4SCC214; [1983]3SCR799; 1983(2)SLJ570(SC)
O. Chinnappa Reddy, J.1. The Central Government, the appropriate Government within the meaning of Section 2(a) of the Industrial Disputes Act, referred the following dispute for adjudication to the Industrial Tribunal-cum-Labour Court, New Delhi : 'Whether the action of the management of the Life Insurance Corporation of India, Mew Delhi in dismissing Shri S.K. Verma, Development Officer in Jullunder Branch of the Corporation, with effect from February 8, q 1969 is justified If not, to what relief is the workman entitled ?' The Life Insurance Corporation promptly raised a preliminary objection regarding the maintainability of the reference on the ground that Shri S.K. Verma was not a workman.2. There appears to be three preliminary objections which have became quite the fashion to be raised by all employers, particularly public sector corporations, whenever an industrial dispute is referred to a tribunal for adjudication. One objection is that there is no industry, a second that there ...
Tag this Judgment!Court : Kolkata
Decided on : May-12-1983
Reported in : (1984)ILLJ503Cal
C.N. Roy, J.1. In the instant Rule, the order of the Government of India, Ministry of Finance (Department of Economic Affairs) dated 19th December 1978 relating to the service conditions of the Life Insurance Corporation Development Officers and the Notification dated 19th December, 1978 amending the Life Insurance Corporation of India (Staff) Regulations, 1960 are under challenge.2. The petitioners are Development Officers of Life Insurance Corporation, a statutory Corporation created under the Life Insurance Corporation Act, 1956. It appears that initially the emoluments and salaries of the Development Officers were settled by negotiations and agreements between the administration of the Life Insurance Corporation and the Association of the Development Officers viz. The National Federation of Insurance Field Workers of India. It appears that on 19th November, 1971, a bilateral agreement was concluded between the said Federation and the Life Insurance Corporation of India and the Deve...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-12-1983
Reported in : (1983)37CTR(MP)248; [1983]143ITR597(MP)
Sohani, J.1. By this reference under Section 27(1) of the W.T. Act, 1957 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion:' Whether, on the facts and circumstances of the case, the loan raised on the security of life insurance policies, hut admittedly incurred in relation to the acquiring of the taxable assets, was to be deducted in arriving at the net wealth of the assessee for purposes of the Wealth-tax Act '2. The material facts giving rise to this reference briefly are as follows:3. The assessee is assessed in the status of an individual. During the assessment years in question, the assessee obtained loans from the Life Insurance Corporation on the basis of the paid-up value of the insurance policies held by the assessee. The assessee claimed deduction of the said loans from his wealth. The WTO disallowed the claim on the ground that the deductions were not admissible as...
Tag this Judgment!Court : Chennai
Decided on : Aug-30-1983
Reported in : 1984(16)ELT3(Mad)
Ramanujam, J.1. Since the issues arising in all these writ petitions are the same, they are dealt with together. 2. The petitioners in all these cases are manufacturers of matches and they have challenged the Constitutional validity of S. 52 of the Finance Act of 1982, and the conditions imposed in Notification No. 22/82 [GSR 77(E)/82], dated 23-2-1982, on the ground of violation of the petitioners' fundamental rights under Arts. 14 and 19(1)(g) of the Constitution of India, as also on the ground that it is beyond the legislative competence of the Parliament inasmuch as it purports to retain moneys which are not tax collected under the authority of law as provided for in Art. 265 of the Constitution of India. The petitioners have challenged the conditions imposed in the Notification No. 22/82 [(GSR 77(E)/82] in regard to production and clearance also on the ground that it is arbitrary or irrational and discriminatory. 3. For appreciating the petitioners' said challenge, it is necessary...
Tag this Judgment!Court : Chennai
Decided on : Aug-30-1983
Reported in : 1988(38)ELT425(Mad)
Ramanujam, J.1. Since the issues arising in all these writ petitions are the same, they are dealt with together. 2. The petitioners in all these cases are manufacturers of matches and they have challenged the constitutional validity of Section 52 of the Finance Act of 1982 and the conditions imposed in Notification No. 22/82[GSR 77(E)/82] dated 23rd February, 1982, on the ground of violation of the petitioners' fundamental rights under articles 14 and 19(1)(g) of the Constitution of India as also on the ground that it is beyond the legislative competence of the Parliament inasmuch as it purports to retain monies which are not tax collected under the authority of law as provided for in Article 265 of the Constitution of India. The petitioners have challenged the conditions imposed in Notification No. 22/82[GSR 77(E)/82] in regard to production and clearance also on the ground that it is arbitrary or irrational discriminatory. 3. For appeciating the petitioners' said challenge, it is nec...
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...
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