Judgment Search Results Home > Cases Phrase: principal interest taxes and insurance piti Court: mumbai Page 10 of about 1,685 results (0.082 seconds)

Standard Fabricators (India) Pvt. Ltd. Vs. the Regional Director, E.S. ...

Court : Mumbai

Reported in : I(1995)ACC688; 1995(1)BomCR435

..... mills, reported in (1986) ii l.l.j 34 the supreme court held that the work of construction of additional building for extension of the factory was the work connected with the factory covered under the act and the principal employer was liable to pay contribution in respect of the employers engaged by contractor for construction of additional factory building or expansion thereof. ..... counsel for the employer also submitted that the corporation cannot pass an order under section 45a of the act after expiry of five years from the date of alleged accused of cause of action and period of limitation in this respect should be implied from the obligation of the employer to preserve the necessary registers for a period of five years under regulation 32(2) framed under the act. ..... (a) on or about 11th april, 1978, the concerned inspector of the employees state insurance corporation visited the factory of the employer and noted down the aggregate amounts of expenditure incurred by the employer on extension of factory building during the years 1965-68, the amount incurred by the employer on factory building repairs during the same period and also the expenditure debited under the head of 'maintenance of garden' as well as 'manufacturing expenses' as particularised in order dated ..... counsel for corporation submitted that the trial court was not justified in deleting amount of interest claimed by the corporation in the sum of rs. ..... court did not upheld the claim for interest of rs. ..... towards interest. .....

Oil and Natural Gas Commission Vs. Off-shore Enterprises Inc.

Court : Mumbai

Reported in : 1994(4)BomCR538; (1994)96BOMLR277

..... since the appellants were interested in procuring substantial finance for purchase of the drillship on easy and convenient terms, kfw agreed to provide finance to the appellants and release the amount of loan directly to lindenau for and on behalf of the appellants on the terms and conditions mutually agreed upon, including the condition of providing insurance covers/guarantee from hermes, a consortium sponsored by the federal republic of ..... the respondents were the principal contractors who had agreed to supply the ..... regard to :-(i) the constructions of the clause 24.3 vis-a-vis clause 24.5 of the said contract and the liability of the appellants for paying voyage insurance during mobilisation;(ii) the basis of the appellant's liability for payment of mobilisation costs;(iii) the extent of the obligation of the respondents to produce documentary evidence and/or supporting documents and give clarifications and information;(iv) the quantum of the amount payable;(v) the time for payment;(vi) the alleged right of ..... as further stated in the said affidavit, even in reply to the statement of claims of the respondents filed by the appellant's before the arbitrators, the appellants have set out various disputes with regard to the mobilisation costs and in particular in paragraph 35 thereof, with regard to the respondent's claim for three invoices of viking for supervision during construction of the drillship at kiel aggregating to us $ 67,185.00 claimed as part of the mobilisation costs, .....

icici Lombard General Insurance Co. Vs. Afl P. Ltd.

Court : Mumbai

Reported in : [2008]141CompCas188(Bom); [2008]84SCL52(Bom)

..... 12, 2005, by hitachi in favour of the petitioner, the petitioner was subrogated to the rights and remedies of the insured under the policy of insurance. ..... on january 25, 2005, with further interest at the rate of 21 per ..... any ascertained liability.the submission which has been urged on behalf of the petitioner is that under the provisions of the carriers act, 1865, the plaintiff in a suit for loss, damage and non-delivery of goods against a common carrier is not required to prove that such loss, damage or non-delivery was due to the negligence or a criminal act of the carrier, his servants or agents. ..... be carried where such loss or damage shall have arisen from the criminal act of the carrier or any of his agents or servants and shall also be liable to the owner for loss or damage to any such property other than property to which the provisions of section 3 apply and in respect of which the declaration required by that section has not been made, where such loss or damage has arisen from the negligence ..... section 9 of the carriers act, 1865, however, provides that in such a suit against a common carrier for loss, damage and non-delivery of goods entrusted, it shall not be necessary for the plaintiff to prove that such loss, damage or non-delivery was on account of the negligence or criminal act of the carrier ..... unless the negligence of the carrier stands established in accordance with the provisions of sections 8 and 9 of the carriers act, 1865, there is no occasion for a debt being due, .....

Ramalu Balkrishna Sagar Vs. Rambhau Tukaram Shendre and ors.

Court : Mumbai

Reported in : II(2006)ACC641; 2006(2)ALLMR522

..... the question thus was, whether the insurance company is also liable to meet the award imposing penalty and interest against the employer and not about the interpretation of 'reasonable opportunity ..... in respect of the unamended section the court observed that, when no deposit was made and when the dependent of the victim had filed application for award of compensation wherein dependents had claimed compensation, interest and penalty, and that notice was issued and written statement was filed and the application was contested no further notice of showing cause was necessary as the employer gets an opportunity to prove justification for not ..... the commissioner after giving reasonable opportunity to the employer to show cause takes the view that there is no justification for such delay on the part of the insured employer and because of his unjustified delay and due to his own personal fault he is held responsible for the delay, then the penalty would get imposed on him.16. ..... no such show-cause notice is contemplated while imposing interest on default of payment of the principal amount on the part of the employer as per section 4a(3)a)....again in para 14 of the judgment at page 3863 the court observed as under:but similar consequence will not follow in case where additional amount is added to the principal amount of compensation by way of penalty to be levied on the employer under circumstances contemplated by section 4a(3)(b) of the compensation act after issuing show cause notice .....

Great Pacific Navigation (Holdings) Corporation Limited Vs. M.V. Tongl ...

Court : Mumbai

..... suffered by the owners in connection with such termination including, without prejudice to the generality of the foregoing, all liabilities, costs and expenses so incurred in recovering possession of, and in moving, storing, insuring and maintaining, the vessel and in carrying out any works or modifications required to cause the vessel to conform with the provisions of clause 50 together with interest thereon pursuant to clause 38.10 hereof from the date on which the relevant loss was suffered by the owners until the date ..... period which amount is to be calculated as being the aggregate of:"upfront payment" has the meaning given to in clause 38.1 of this charter;"variable charterhire" means, in respect of each payment date, the interest component of each fixed charterhire, which shall be calculated at the applicable interest rate on the charterhire principal balance as of the immediately preceding payment date (or as of the delivery date in the case of variable charterhire in respect of the first payment date) based on the actual number of days during ..... 51.2 the gross proceeds of the sale of the vessel shall be deducted an amount equal to the aggregate of the expenses, disbursements, taxes, expenses and losses whatsoever as may have been incurred by the owners in respect of the sale of the vessel (the "net sale proceeds").51.3 an amount equal to the termination sum shall be deducted from the net sale proceeds. .....

The Consulate General of Iran Vs. M/S. Baldota Brothers

Court : Mumbai

..... after hearing both the learned counsel on this point, i am of the opinion that in the larger interest of justice, by which no prejudice will be caused, it is directed that for a period of eight weeks from today, the decree passed by the lower appellate court shall not be enforced and implemented, but on the condition that the applicants/original defendants file an undertaking in this court in usual terms within a period of ten days from today stating that they will ..... in our view, the changes made in the present rent act by which landlords are permitted to charge premium, the provisions by which cash-rich entities are excluded from the protection of the rent act and the provision providing for annual increase at a nominal rate of 5% are structural changes brought about by the present rent act, 1999 visavis the 1947 act. ..... therefore, we are of the view that on a plain meaning of the words 'psus' as understood by the legislature, it is clear that, india's psus are in the form of statutory corporations, public sector companies, government companies and companies in which the public are substantially interested (see ; income-tax act, 1961). ..... oriental insurance company limited and ors. ..... in this regard, it may be noted that in the insurance industry, we have lic, banks, private sector companies and government companies. .....

Boghara Polyfab Pvt. Ltd. Vs. National Insurance Company Ltd.

Court : Mumbai

..... the basic details are provided in such insurance policies, including the name, address of the insurer, description of the movable and immovable property and the interest therein, location of the property insured under the policy, the period of insurance, sums assured, perils covered and /or not covered, premium payable, policy terms and conditions and warranties, respective obligations, apart from the special conditions attaching to the policy and provisions for cancellation of the policy with details of the riders, if any attaching ..... the insurance regulatory and development authority (protection of policyholders' interests) regulations, 2002 issued under clause (zc) of sub-clause 2 of section 114a of the insurance act, 1938 (4 of 1938) of sub-section 14 and 26 of the insurance regulatory and development authority act, 1999 (41 of ..... claim of the petitioner; albeit on a reduced basis, on the goods lying in all the four godowns on 3.8.2004 and as covered by the third endorsement dated 27.5.2004 (as corrected on 28.5.2004); while on the other hand, the surveyor proceeded on the basis that the third endorsement (on account of and as a result of which goods lying in the four godowns were covered under insurance in the first place) ought to be ignored as a result of which the endorsement increasing the sum ..... claimed as under : a) rs.84,31,061/- as the principal amount being difference between the amount originally assessed by the surveyor and that was actually paid by the respondent. .....

Santosh Umekant Jawadwar Vs. Tata Aig General Insurance Company Limite ...

Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

..... jamadwar, wife of the complainant and rs.5 lac towards educational benefit to insured no.3- ms.manasi, daughter of the complainant), within a period of 60 days from the date of this order, failing which the amount ordered to be paid shall carry interest @6% per annum from the date of expiry of stipulated period of 60 days of passing the order till its realization. ..... ), it was held that the stipulation as to notifying the cause of action and filing the claim within stipulated time of the policy are not mandatory conditions but they are directory in the nature and breach of these conditions does not empower insurance company to forfeit or foreclosure of the insurance claim if duly settled as per the provisions of the law. ..... also no satisfactorily explanation came forward as to how the delay in notifying the claim in genuine cases empowers the insurance company to foreclose the claim and therefore the stipulation will not hold good in the eyes of the law. ..... the request for the waiver was not considered by the opponent insurance company and repudiated the claim payable under the policy on the point of issue of filing the claim within a period as per the stipulation of the policy. ..... further, the policy endorsement provides in schedule additional benefits of 10% of the principal sum insured towards children educational benefits to the insured no.3 manasi santosh jamadwar, the daughter of the complainant in the event of death of spouse. .....

Rajesh Ramchandra Shinde and Another Vs. Vinayak Sadashiv Dixhit, Admi ...

Court : Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

..... respondent/opponent-insurance company repudiated the insurance claim referring to stipulation of condition no.8 to send ear-tag along with piece of ear of dead cow is detrimental to the interest of the insured and on plain reading of this condition no inference can be drawn as presumed by insurance company. ..... undisputed facts are that the appellant/complainant in both appeals subscribed to insurance policy bearing no.stra-103931 and stra-109288 to provide insurance cover to bovine cow separately with sum insured of rs.35,000/- and rs.20,000/- respectively to each of the cow. ..... respondent/opponent-insurance company is directed to pay rs.35,000/- to the appellant/complainant in appeal no.554/2012 under policy no.stra-103931 and rs.20,000/- to the appellant/complainant in appeal no.555/2012 under policy no.stra-109288 with interest @ 12% p.a. ..... appellant/complainant submitted insurance claim under both policies promptly after occurrence of death of bovine cows and the insurance company repudiated the insurance claim payable under the policy no.stra-103931 on 27/04/2009 and under policy no.stra-109288 on 30/08/2009 on the ground that ear-tag of dead cow was not sent together with piece of ear of dead cow citing the alleged condition of the policy. .....

Ashwin Crane and Construction and Another A partnership firm Vs. L and ...

Court : Mumbai

..... it is submitted by the learned counsel that the learned arbitrator has awarded interest at the rate of 36% per annum on the principal sum of rs.56,44,422/- being the unmatured hire installment and further interest at the rate of 24% per annum from 4th june 2002. ..... (2010) 3 scc 690 has held that under section 31(7) of the said arbitration act, the arbitral tribunal is authorized to award interest in accordance with the contract and in the absence of any prohibition in the contract and in the absence of specific provision relating to interest in the contract to award simple interest at such rates as it deems fit from the date on which the cause of action arose till the date of payment. ..... accounting standards have been devised consistently with which the entries are made in the accounts so as to satisfy the requirements of tax laws and to avail the best benefits by way of tax planning to both the parties. 24. ..... the respondents had after giving credit of the sale proceeds and the amount recovered from insurance company in respect of one of the equipment has reduced the claim to rs.56,66,422/- and claimed interest thereon. ..... he remains liable for payment of taxes and other charges and indemnity. ..... there are certain tax benefits which by styling the transaction like a financial lease become available to the lessor (financer) and the lessee (borrower) both. .....