Court : Chennai
Decided on : Sep-29-1992
Reported in : AIR1993Mad150
ORDER1. The prayer in the above writ petition is as follows:'.....to issue a writ of certiorarified mandamus or any other appropriate writ, Order or direction, calling for the records of the respondent in Proceedings No. MD/Sect1/ SDM dated 24-3-1992, quash the same and direct the respondent to pay the renewal and other commissions to the petitioner and pass such further or other orders.....'2. The petitioner took up an Agency with the Life Insurance Corportion of India in May, 1983. The payment and termination of the services of LIC Agents are governed by statutory Rules which have been framed under Section 49 of the Life Insurance Corporation of India Act, 1956 and these Rules are known as the Life Insurance Corportion of India (Agents) Regulations, 1972. According to the petitioner ever since he was appointed as an Agent of the Life Insurance Corportion, he has done exceedingly well. He had also the unique distinction of being the only Agent to get the IMM -- Campa Cola -- Marketing...
Tag this Judgment!Court : Chennai
Decided on : Jul-27-1992
Reported in : (1993)ILLJ1030Mad; (1992)IIMLJ573
..... unconstitutional (5) are the petitioners 'retrenched employees' as defined by the industrial disputes act 25. vii. point no. 1. : validity and applicability of regulations : the l.i.c. was constituted under the life insurance corporation act, 1956, to provide for the nationalisation of life insurance business in india by transferring all such business to a corporation established for the purpose and to provide for the regulation and control of the business of the corporation and for matters connected therewith or incidental thereto. sec. 48 of the act enables the central government to make rules to carry out the purposes of the act by notification in the official gazette. sub-sec. (2) of sec. 48 of the act specifies certain matters for which rules may provide ..... . unless both houses decide to make a modification or take the view that the rule shall not be made, the rules are enforceable. that is why, a provision is made in the last part of the sub-section that any modification or annulment of the rule shall not prejudice the validity of anything previously done under the rule. hence, there is no substance in the argument advanced by learned counsel.43. a curious contention is raised by counsel for the petitioners that the regulations do not apply to the petitioners. reliance is placed on recitals in some of the letters of appointment. in particular, our attention .....
Tag this Judgment!Court : Chennai
Decided on : Sep-18-1992
Reported in : (1995)IILLJ1025Mad
ORDERSomasundaram, J.1. The prayer in the Writ Petition is to issue a writ of certiorari to quash the order of the 3rd respondent dated April 8, 1983 terminating the services of the petitioner as probationary Development Officer.2. The 3rd respondent appointed the petitioner as an apprentice Development Officer under Life Insurance Corporation of India by the order dated January 21, 1982. The petitioner was first taken as apprentice for a period of one year commencing from February 1, 1982 and he was given training at Development Officer's Training Centre at Thanjavur. The petitioner underwent the said training for two months from February 1, 1982 to March 31, 1982. On completion of the theoretical training course at Thanjavur, the petitioner was posted to Dharmapuri Branch of the L.I.C. to undergo administration training. This training lasted one month. After the administration training was over, the petitioner was posted for field training under Dharmapuri branch with headquarters at...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-22-1992
Reported in : AIR1993SC171; 1993(41)BLJR431; (1993)1GLR497; JT1992(4)SC181; 1992(2)SCALE60; (1992)3SCC637; [1992]3SCR595; 1992(2)LC481(SC); (1992)2UPLBEC1144
ORDER1. Special leave granted in SLP(C)No. 339 of 1991.2. These two appeals though arising out of different circumstances and concerning different parties, relate to the scope of our constitutional policy of freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution. The importance of the constitutional question prompted this Court to grant special leave to appeal under Article 136 of the Constitution. We may properly begin the discussion of this judgment by stating the factual background of the two cases in the light of which we are required to examine the scope of the constitutional liberty of speech and expression.3. Civil Appeal No. 1254/80 arises out of the decision of the Gujarat High Court in Special Civil Application No. 2711 of 1979 decided by a Division Bench on 17th June, 1980. The respondent, the executive trustee of the Consumer Education & Research center (CERC), Ahmedabad, after undertaking research into the working of the Life Insurance Corporat...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-28-1992
Reported in : 1992(1)ALT213
ORDERBhaskar Rao, J.1. These two writ petitions assail the selection and appointment of Dr. Tarun Bikar Lahiri and Dr. Rajendra Prasad Singh (respondents 3 in both the writ petitions) as Directors made by the National Institute of Rural Development (hereinafter referred to as 'NIRD') on different grounds. Before adverting to the grounds of challenge, I intend to first dispose of the preliminary objection taken by Mr. V.V.S. Rao, the learned counsel for NIRD, that this Court has no jurisdiction under Article 226 of the Constitution of India to entertain the instant writ petitions as NIRD is not a 'State' within the definition of Article 12 of the Constitution of India.Article 12 of the Constitution reads:'12. Definition.-In this Part, unless the context otherwise requires, 'the State' includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Gov...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-30-1992
Reported in : AIR1992SC1033; [1992]75CompCas12(SC); 1991CriLJ1391; JT1992(1)SC405; 1992(1)SCALE216; (1992)2SCC343; [1992]1SCR406
..... schemes of the life insurance corporation which appear to us to be even less advantageous to the subscribers than the peerless scheme. we suggest that there should be a complete ban on forfeiture clauses in all savings schemes, including life insurance policies, since these clauses hit hardest the classes of people who need security and protection most. we have explained this earlier and we do wonder whether the weaker sections of the people are not being made to pay the more affluent sections! robbing ..... or balance-sheet as liability of the company. it cannot be credited to the profit and loss account. para ii of schedule vi of the companies act, 1956 requires that the amount shown in the profit and loss account should be confined to the income and expenditure of the company. para 12 of the directions is, thus, in consonance with the companies act. moreover, in its advertisement and the application forms, the r.n.b.c. expressly hold out to the public that their monies are safe with the bank and in the government ..... which are conclusive provided such findings satisfy the test of reasonableness. in all such cases, judicial inquiry is confined to the question whether the findings of fact are reasonably on evidence and whether such findings are consistent with the laws of the land.43. in r.k. garg v. union of india and ors. etc. etc. : [1982]133itr239(sc) a constitution bench of this court observed as under:another rule of equal importance is that laws relating to economic activities .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Patna
Decided on : Nov-30-1992
Reported in : (1993)44ITD661(Pat.)
1. This appeal is directed against the order of the 1d. Dy.Commissioner of Income-tax (Appeals) (hereinafter referred to as the DCA for short) dated 30-10-1990 for the assessment year 1989-90.2. The assessee is an Insurance Agent. She had claimed 50 per cent from gross receipt of first year's commission as well as gross receipt of bonus/ commission (first year's business) as expenditure incurred. The Assessing Officer (hereinafter referred to as the AO), though allowed expenses claimed against first year's commission, disallowed the entire expenses claimed on bonus/commission in his order under Section 143(1)(a) (all sections quoted in this order are of Income-tax Act, 1961).3. A rectification petition under Section 154 was filed by the assessee. This was rejected by the Assessing Officer. The appeal before the 1d. DC (Appeals) also failed. Hence this appeal by the assessee.4. The 1d. counsel for the assessee argued that the claim of 50 per cent from the gross receipt of the bonus/com...
Tag this Judgment!Court : Rajasthan
Decided on : Jul-24-1992
Reported in : 1992WLN(UC)442
..... section 21 of the indian penal code.13. in the case of life insurance corporation of india, the structure of the corporation indicated that it was an agency of the central government carrying on the exclusive nationalised business of life insurance. each and every provision of the life insurance corporation act showed in no uncertain terms that the voice was that of the central government and the hands were also of the central government. the life insurance corporation was owned by the government. the life insurance business was nationalised and vested in the corporation. no other insurer could carry on life insurance business. the management was by the government. the dissolution of the corporation could be only by the government.14. the industrial finance corporation ..... of the state government under section 159 of the said act, a code for regulating disposal of lands by putting to auction or considering the individual application. it was held to be 'state' within the meaning of article 12 in the decision reported in : [1990]2scr826 .48. indian oil corporation was a statutory body incorporated under the companies act, 1956. it had a monopoly in ..... transitional provisions which authorised the government of india to nominate the board of directors and its president upto the maximum period of ten years. in terms of clause-43 (vi) of the by-laws, the iffco has the powers to appoint and remove the managing director, financial director and the marketing driector, subject to the prior .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-02-1992
Reported in : ILR1992KAR2836; 1992(3)KarLJ669; (1993)ILLJ709Kant
1. The question of law involved in all these petitions is common and, therefore, they are clubbed together and a common order is passed. 2. The point for consideration in these writ petitions is 'Whether the petitioners who were the employees of the Karnataka Government Insurance Department (hereinafter referred to as 'the KGID') whose services were subsequently absorbed in one of the nationalised insurance companies which came into existence pursuant to the nationalisation of insurance business in the country are to be retired on attaining the age of sixty years of fifty-eight years ?' 3. In all these petitions the reliefs sought for are common, viz., (i) to quash the orders of retirement of the petitioners at the age of fifty eight years; and (ii) to declare that the petitioners are entitled to continue in service till they attain the age of sixty years and not to terminate them at he age of fifty-eight years as is now ordered. 4. A few facts which are necessary to dispose of these p...
Tag this Judgment!Court : Orissa
Decided on : Jul-22-1992
Reported in : 1993ACJ1023; AIR1993Ori103
S.C. Mohapatra, J.1. These two appeals by thedefendant arises out of a common judgment in two suits arising out of the same cause of action where the parties are the same, issues are the same and reliefs claimed are the same. Accordingly, they arc heard together.2. Appellant is a statutory body constituted under the Life Insurance Corporation Act, 1956. After this Act came into force, appellant became the sole authority to have life insurances in India. For insuring a life, a proposal is to be made by the life sought to be insured, the proposer is to be medically examined by a medical examiner approved by the insurer who is to give a confidential report to the insurer and the premium amount required is to be paid. Possessed of these two documents, insurer is to decide the question of acceptance of the proposal. Once the proposal is accepted, contract is complete and policy is to be issued. Where, for reasons indicated in term of the policy, it lapses, the same can be revived as per the...
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