Court : Kerala
Reported in : (1976)IILLJ28Ker
..... no suit, prosecution or other legal proceedings shall lie against any member or employee of the corporation for anything which is in good faith done or intended to be done under the act.the provisions of the life insurance corporation act amply establish that the corporation has the exclusive privilege of carrying on life insurance business. ..... to the corporation and shall also forward a copy of the report to the central government.if as a result of any investigation undertaken by the corporation any surplus emerges, ninety-five percent of such surplus or such higher percentage thereof as the central government may approve shall be allocated to or reserved for the life insurance policy holders of the corporation and after meeting the liabilities of the corporation the remainder shall be paid to the central government or if that government so directs ..... 1-9-1956 the business of the said company was transferred to and vested in the life insurance corporation of india, hereinafter called the 'corporation', with effect from 1-9-1956. ..... , 1st july 1956, all assets and liabilities appertaining to the controlled business of all insurance became transferred to and vested in the ..... by virtue 'of section 11 of the life insurance corporation of india act, 1956, for short the 'act', the petitioner be came an employee of the corporation automatically, since he had not given a notice intimating his intention of not becoming an employee of the corporation as contemplated under section 11(1) of the act. .....
Tag this Judgment!Court : Kerala
Reported in : (1987)IILLJ150Ker
..... (7a) the sanction accorded by the central government under sub-section (7) whether before or after the commencement of section 21 of the banking laws (miscellaneous provisions) act, 1963, shall be conclusive evidence that all the requirements of this section relating to reconstruction, or, as the case may be, amalgamation have been complied with and a copy of the sanctioned scheme certified in writing by an officer ..... attack as violative of articles hand 19 of the constitution, by reason of article 31a(1)(c) thereof, the courts would not have considered the challenges to the implementation of statutory schemes like those under the motor vehicles act, or the life insurance corporations act, or the general insurance corporations act. ..... the procedure to which they are subjected during the course of investigation of their cases by the commission is not at all discriminatory because such drastic procedure has reasonable nexus with the obejct sought to be achieved by the act, and therefore such a classification is within the constitutional limitations.on a consideration of these two decisions, i am not in a position to hold that the classification of delinquent officers into those in whose cases disciplinary proceedings were ..... may not be easily inferred and may have to be specifically spelt out of definite provisions of the constitution and may have to be related to emergent situations of public interest like an internal emergency or external aggression, or the like. ..... [1956]29itr349 .....
Tag this Judgment!Court : Kerala
Reported in : II(1998)ACC201
..... also considered the strict doctrinaire approach and has observed that the very same conclusion would emerge in obeisance to the doctrine of 'reading down' the exclusion clause in the light of the 'main purpose' of the provision so that the 'exclusion clause' does not cross swords with the 'main purpose' highlighted ..... submission in the light of the above decision because we are in complete agreement in regard thereto for our additional reasons available from the approach of the apex court in skandia - insurance company's case.for all the above reasons the appeal stands dismissed and the award dated february 29, 1996 of the mact, muvattupuzha stands confirmed in all respects. ..... question to be considered, it will have to be observed that the comparative study of the two enactments - motor vehicles act, 1939 and the motor vehicles act, 1988 - would also show the same view in projection when several provisions exhibit a line of approach meaningfully bringing the system closer to the needs of the situation of award of compensation to the ..... 1988 act conveys regarding the duty of the insurers to satisfy judgments and a wards against persons insured in ..... provision defining the conditions of exemption which come up before the court for interpretation must be interpreted in the spirit in which the same have been enacted accompanied by an anxiety to ensure that the protection is not nullified by the backward looking interpretation which serves to defeat the provision rather than to fulfil its life .....
Tag this Judgment!Court : Kerala
Reported in : (1993)ILLJ596Ker
..... under the provisions of the holidays act, every employee is entitled to a holiday as of right on the days declared under the act and even in certain emergencies when he is made to work he is bound to be paid twice the wages as also a substituted holiday, and, as such, the bombay decision relied on by counsel for the corporation cannot be of any assistance in coming to the conclusion ..... arose for consideration in the bombay case was as to whether the amount paid to the employees towards the authorised leave period, which they enjoyed under the provisions of sections 79 and 80 of the factories act, 1948, has to be included in the total wage bill of the employer for the purpose of computing its share of special contribution under section 73a of the employees' state insurance act. ..... in these three cases is as to whether the wages paid for certain holidays under the kerala industrial establishments (national and festival holidays) act, 1958 (hereinafter referred to as 'the holidays act'), will form part of wages as defined in section 2(22) of the employees' state insurance act, 1948 (hereinafter referred to as 'the e.s.i. ..... employees' state insurance corporation 1956-i-llj-215, wherein the question was as to whether the lay-off compensation will become part of the wages ..... accordingly, the respondent filed applications before the employees' insurance court seeking refund of the contributions so paid or in the alternative seeking a direction to the corporation to adjust the amount so paid .....
Tag this Judgment!Court : Kerala
Reported in : 2007(3)KLJ734
..... (be they penal or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered:1st - what was the common law before the making of the act.2nd - what was the mischief and defect for which the common law did not provide.3rd - what remedy the parliament hath resolved and appointed to cure the disease of the commonwealth, ..... was) observed as follows:section 23 deals with confiscation of vehicles and provides that whoever transports sand without complying with the provisions of this act shall be liable to be punished and the vehicle used for the transaction is liable for seizure by the police or revenue ..... -xxx xxx xxx(3) notwithstanding anything in sub-clause (b) of clause (1), where the legislature of a state has prescribed any language other than the english language for use in bills introduced in, or acts passed by, the legislature of the state or in ordinances promulgated by the governor of the state or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a ..... suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro privato commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the act, pro bono publico.in national insurance co. ..... legislature to forestall (all situations exhaustively) and circumstances that may emerge after enacting a statute where its application may be called for. .....
Tag this Judgment!Court : Kerala
Reported in : [2001(91)FLR1104]
..... 48(2a), 'the regulations and other provisions as in force immediately before the commencement of the life insurance corporation (amendment) act, 1981, with respect to the terms and conditions of service of employees and agents of the corporation including those who became employees and agents of the corporation on the appointed day under this act, shall be deemed to be rules made under clause (cc) of sub-=s. ..... aforesaid decision and also considering the fact that the staff regulation does not contain anything which blocks the right of an employee to approach the industrial tribunal to get his grievance redressed under the provisions of the industrial disputes act, i am of the view that the contention of the petitioner that the tribunal did not have jurisdiction to entertain the dispute referred to it, has to fail.13. ..... the court found that the framers of the corporation act, through the amendment, have given the provisions of the corporation act an overriding effect over the provisions of the industrial disputes act in so far as it applies to terms and conditions of employment and that where the terms conflict with the provisions of the industrial disputes act, the corresponding provisions in the staff regulation alone would prevail. ..... in this original petition filed by the life insurance corporation of india (for short 'lic') challenging ext. ..... 48(1)(cc), 48(2a) and 48(3) of the lic act, 1956. .....
Tag this Judgment!Court : Kerala
Reported in : 2008CriLJ909
..... they stood with the omission of the words 'for the space of not more than six months from its promulgation' therefrom during the period specified in section 3 of the india and burma (emergency provisions) act, 1940 and the ordinance in question was therefore not limited to the space of not more than six months from the date of its promulgation but was perpetual in its duration with the result ..... the schedule,:(i) paragraph 1 shall be omitted; , (ii) in paragraphs 2 and 4,:(a) after the words 'a local authority; the words and figures 'or a corporation established by or under a central, provincial or state act, or an authority or a body owned or controlled or aided by government or a government company as defined in section 617 of the companies act, 1956 (1 of 1956) or a society aided by such corporation, authority, body or government company' shall be inserted;(b) after the words 'or authority', the words 'or corporation or body or government company or society' shall be inserted;( ..... while setting up a court of a special judge keeping in view the fact that the high dignitaries in public life are likely to be tried by such a court, the qualification prescribed was that the person to be appointed as special judge has to be either a sessions judge, additional sessions judge ..... of such ordinances one had to look to the substantive provisions of section 72 which in terms enacted and laid down the limitation of 'not more than six months from its promulgation' on the life of the ordinance. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker251
..... p-10, dated the 4th february, 1958, also signed by the divisional manager, as a field officer.the petitioner's complaint is, that the terms and conditions of his service with the former insurance companies as divisional manager, which were guaranteed by sections 11(1) of the life insurance corporation act, 1956, or simply the act, have thereby been altered to his disadvantage, and he therefore seeks a writ of mandamus or other appropriate writ, direction or order 'to assign... ..... life insurance corporation regulations, 1956 were passed, by which as provided by the act, an executive committee was formed regulation 17 (vi) provided, that the executive committee'may institute, conduct, defend.. ..... 1957 dated the 30th december, 1957, issued by the central government, in purported pursuance of sections 11(2) of the act, as amended by the life insurance corporation (amendment) act, 1957 (act 17 of 1957). ..... when life insurance business was nationalised, the petitioner continued to be employed by the life insurance corporation of india, which may be referred to as the corporation. ..... my attention was not drawn to any provision in the act, or rules, or regulations, authorising a divisional manager, to represent the corporation in any court within the division, over which he exercises administrative control. ..... ' apart from any other provision, ordinarily the corporation has to he sued in its own name. ..... p-9 and p-10, and that at best, he had thereby applied only the principles and provisions of exts. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker86
..... following subsections shall be inserted, namely : -- '(2a) the regulations and other provisions as in force immediately before the commencement of the life insurance corporation (amendment) act, 1981, with respect to the terms and conditions of service of employees and agents of the corporation including those who became employees and ..... life insurance corporation of india (staff) regulations, 1956, issued under section 49(2)(b) and (bb), providing for conditions, of service of employees, including the field officers/development officers, were substituted by the 1960 regulations framed under the same provisions. ..... -- in the life insurance corporation act 1956 (31 of 1956) (hereinafter referred to as the principal act), in section 48 - (a) in sub-section (2), after clause (c), the following clause shall be inserted and, shall be deemed to have been inserted with effect from the 20th day of june, 1979, namely : -- (cc) the terms and conditions of service of the employees and agents of the corporation including those who became employees and agents of the corporation on the appointed day under this act,''; (b) after sub-section (2), the ..... the pendency of the original petition, the life insurance corporation act, 1956, was amended by life insurance corporation (amendment) act, 1 of 1981, incorporating exts. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1985Ker148
..... it was held that the auroville (emergency provisions) act (59 of 1980)'does not stand in the way of the society establishing and maintaining institutions for ..... while both the articles are subject to public order, morality and health, the freedom of conscience and the right freely to profess, practice and propagate religion guaranteed under article 25 are subject to other provisions in part iii; however, the right guaranteed under article 26(b) to manage its own affairs in matters of religion in favour ofreligious denomination or any section thereof is more absolute in its terms and beyond the ..... god, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, i contemplate with sovereign reverence that act of the whole american people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof, thus building a wall of separation between church and ..... section menon (as his lordship then was) speaking for the bench was considering the question whether the provision conferring the vote to the hindus among the council of ministers and the legislative assembly violated articles 14 and 26 of the constitution and held thus : --'it is not possible ..... by the court that the governor had no power to continue its life by another ordinance and the life of the ordinance was limited by the provision in the government of india act. ..... 1956 trav .....
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