Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on : Jul-21-2011
..... contained in section 19(1) of the act. in that case since the primary liability being on the employer and the amount was determined the high court obviously by invoking its jurisdiction directed the commissioner for workmens ..... was held that ??includes the insurance company concerned. it is therefore obvious that if the insurance company has agreed to discharge the liability of the employer under workmens compensation act, the liability of insurance company to indemnify the insurer shall have to be determined by the commissioner for workmens compensation in the very same proceedings by virtue of provisions ..... subsequent occasion. it cannot be suspended. liability of the insurance company: if the insurance company has agreed to discharge the liability of the employer under the workmens compensation act the liability of the insurance company to indemnify the insurer shall have to be determined by the commissioner for workmens compensation in the very same proceedings by virtue of the ..... employee meets with an accident. its object is that unscrupulous employer should not take advantage of the ignorance of the employee in making payment of a paltry sum. therefore the act safeguards the interest of the workers and any private payment will not discharge the statutory obligation. 13) in rajak haji jumma vs. united india insurance company ltd. reported .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Feb-01-2011
..... accident or casualty. the damage to the gloves in noten occurred because, on loading in their cartons into their container, they had a moisture content reflecting the humidity of the calcutta atmosphere, and because the container was in rotterdam discharged into a markedly colder atmosphere, where it cooled, setting up convection currents within the container which carried moist air from the ..... of the sea that the loss only occurred because the vessel was unseaworthy. indeed, after negativing the existence of any warranty or defence under section 39(5) of the 1906 act, lord birkenhead lc, with whose speech viscount haldane and viscount cave agreed, turned without further consideration of unseaworthiness to the question whether the vessel had met with any peril of ..... of the insured voyage , including the weather reasonably to be expected" (para 111). there was no basis upon which to disturb this assessment of the facts. the marine insurance act 1906 54. the statutory background includes provisions dealing directly with the fitness of the vessel in the case of hull insurance (section 39) and of the goods and carrying vessel ..... to the provisions relating to time policies, where loss or damage attributable to unseaworthiness at the outset known to the assured is excluded. 43. the provisions of the 1906 act do not fit easily with the proposition that inherent vice or nature of the subject-matter insured means that unseaworthy goods are not covered against loss or damage attributable to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-19-2011
..... different states have made different provisions in this behalf. in the neighbouring state of west bengal under the system of `mayor-in-council' under the howrah muncipal corporation act, 1980 and calcutta municipal corporation act, 1980, the mayor is elected by the corporators but the deputy mayor and the council members are nominated by the mayor under section 6 (2) of the howrah ..... act and section 8 (2) of the calcutta act. under section 7 (d) of the howrah act and section 9 (d) and (e) of the calcutta act, members of the mayor-in-council have to vacate their seats when a newly elected mayor enters into the office ..... earlier mayor. the mayor has the power to remove the council member/deputy mayor under section 7 (c) of the howrah act and section 9(c) of the calcutta act. the west bengal municipal corporation act, 2006 applies to corporations other than howrah and calcutta in the state of west bengal. it also creates a `mayor-in-council' system and under section 41 of the ..... act, the executive power of the corporation vests in the mayor-in-council. the deputy mayor and members of the council are nominated .....Tag this Judgment!
Court : Karnataka
Decided on : May-23-2011
..... that on account of y2k problem in the computer, year 200u is shown as oooo". in addition to that, claimant has produced ex.p-7 police notice issued to him wherein col.no.9 discloses that the lorry in question was not insured and that there was no insurance policy. since vehicle ..... court in general assurance society ltd. vs . chandmull jain and another (a.i.r. 1966 sc.-1644) wherein it is held as under: m(a) insurance act (1938), preamble - deed -construction - contract of insurance -ambiguity - in case of ambiguity or doubt contract is to be construed contra proferentem that is against insurance ..... issued the policy of insurance upon receipt only of a cheque towards the premium in contravention of the provisions of sec.64-vb of the insurance act. the public interest that a policy of insurance serves must, clearly, prevail over the interest of the appellant." according to us, this judgment has ..... held as under: "9. the policy of insurance that the appellant issued was a representation upon which the authorities and third parties were entitled to act. the appellant was not absolved of its objections to third parties under the policy because it did not receive the premium. its remedies in this ..... appellant has relied upon the judgment of the hon'ble supreme court in and othe judgment oriental insurance co. ltd. vs. premlata shukla and others (2007 act-1928) . para-15 of the said reads as hereunder: "15. a party objecting to the admissibility of a document must raise its objection at the .....Tag this Judgment!
Court : Karnataka
Decided on : May-23-2011
..... and his brother fell down and sustained grievous injuries and he was shifted to victoria hospital for treatment. a case was registered by the chamarajpet police against the driver of the lorry and he was charge-sheeted for an offence under sec.379 r/w 338 of ipc. driver of the ..... court in general assuracne society ltd. vs. chandmull jain and another (a. i. r. 1966 sc. 1644) wherein it is held as under: (a) insurance act (1938), preamble dead construction contract of insurance ambiguity in case of ambiguity or doubt contract is to be construed contra preferentem that is against insurance company ..... this court in oriental insurance co. ltd. vs. gowramma and others (1993 (3) kar. l.j.-355) wherein it is held as under: motor vehicles act, 1939, sec. 95(2)(b) third party claim whether statutory liability of the insurer is limited to rs.50,000/- - whether any amount over and ..... issued the policy of insurance upon receipt only of a cheque towards the premium in contravention of the provisions of sec. 64-vb of the insurance act. the public interest that a policy of insurance serves must, clearly, prevail over the interest of the appellant. according to us, this judgment has ..... held as under: 9. the policy of insurance that the appellant issued was a representation upon which the authorities and third parties were entitled to act. the appellant was not absolve of its objections to third parties under the policy because it did not receive the premium. its remedies in this .....Tag this Judgment!
Court : Kerala
Decided on : Sep-01-2011
..... the benefit of the members of the federation and the general public. therefore, the registrar of dairy co-operatives/cannot invoke s.66a of the act to sustain ext.p5. 17. the only question that now remains to be considered is whether, as contended by the learned government pleader, the ..... agreement it is inter alia stipulated that the state undertakes not to take any action to restrict the power of the co-operative institutions to act in accordance with sound economic and financial practices, to fix the price for their products, the price paid for milk collected from their members and ..... required for increasing the procurement price/selling price of milk. the learned counsel for the petitioners contended that the federation has the full freedom to act in accordance with sound economic and financial practices to fix the price for its products and the price to be paid for the milk collected ..... can be increased only with the concurrence/approval of the government and that the register of dairy co-operatives is empowered under the provisions of the act and the kerala co-operative societies rules, 1969 (hereinafter referred to as the rules for short) to interfere with the decision taken by the ..... price or the selling price of milk, that the high range dairy co-operative society, chengulam, a primary dairy co-operative society registered under the act, is selling milk at `30/- per litre, that other similar societies are also selling milk at higher prices and that the registrar of dairy co .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-11-2011
..... 2003 bye-laws.  the petitioner, in support of its first contention, relies upon the view taken by three honble high courts of madras, calcutta and karnataka in (i) v. vasudeva bhat v. the revenue officer, corporation of madras, 1963 mljr pg-7; (ii) writ petition no.9039 ..... of 2007 (hutchison essar south ltd. v. bruhat bangalore mahanagara palike); (iii) calcutta soft drinks pvt. ltd. v. calcutta municipal corporation and ors., air 2007 cal 136, respectively.  the state of punjab has filed its counter-affidavit defending the powers ..... building, it can be described as the trade or business. the high courts of calcutta and karnataka have followed the aforesaid view while examining the similar worded-provisions of the respective state acts. we see no reason to differ or take a contrary view as the interpretation given ..... corporation, ludhiana through its additional commissioner (respondent nos.2and3) has also filed its separate reply defending the constitutional validity of the provisions of the act and the 2003 bye-laws. the corporation draws support from the decision in municipal corporation of greater bombay v. bharat petroleum corporation ltd., (2002 ..... of the municipality contained in sections 122, 123 and 399(1) (h)(16) of the act, for controlling and regulating the .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-24-2011
..... dated 21.11.2009 passed by sub-divisional magistrate, patan is confirmed.2. the above orders have been passed under the provisions of section 56a and 60 of th bombay police act.3. the petitioner-extern is ordered to be extend from patan, mehsana, banaskantha and gandhinagar districts for a period of two years by order dated 21.11.2009 passed by .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Jun-20-2011
..... important documents, like passport and that she had recorded her statement before panvel police. therefore, it is submitted that a process ought not to have been issued and the complaint case ought to be quashed. the respondent no1, however, submitted that the learned magistrate ..... and accused nos. 2 and 3 along with their relatives and cronies are making phone calls at the house of the complainant with a view to blackmail her. thus, the police authority was informed by communication dated 10.2.2009 before the private complaint was lodged on 23rd february, 2009. it also appears alleged that the complainant had issued notices to ..... jmfc abruptly without satisfying himself judiciously, issued the process against respondents 2 and 3 although marriage between anant ghatole and respondent no.1 nirmala hazara was solemnized under special marriage act, 1954 and a certificate to that effect was issued which can be considered as prima facie evidence. according to respondents 2 and 3 the complainant's name also figured in ..... 9th may 2007 at nagpur in respect of which the complaint was lodged with panvel police and the case is pending in the court of jmfc, panvel with reference to prevention of domestic violence act. the complainant had also entered into the correspondence with the superintendent of police, chandrapur and in communication dated 10.2.2009 informed about the alleged offences against her .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-11-2011
..... all the views including the view of the apex court in k. bhaskarans case (supra). 18. in m. natarajan v. state by inspector of police, spe, cbi, acb, chennai, reported in 2008 (3) scc (cri) 507, it was held; ..once this court had noticed the observations ..... alipore. the demand notice was sent by advocate having its office within the territorial jurisdiction of metropolitan magistrate court at calcutta and it was sent through general post office, calcutta. the letter was addressed to the drawer who is residing within the jurisdiction of the court situated under the district ..... within the jurisdiction of metropolitan magistrate court, excepting sending the notice through the general post office situated within the metropolitan area of calcutta city. the question is whether this fact simplicitor gives jurisdiction to the metropolitan magistrate to entertain the petition of complaint or not ..... validity and propriety of the order dated 28.3.2008 passed by the learned metropolitan magistrate, 11th court, calcutta in c.1980 of 2007 under section 138 of the negotiable instruments act whereby the learned court found that it has no jurisdiction to try the present case and discharged the ..... a finding that sending of demand notice from a particular place wherein other ingredients constituting an offence under section 138 of the negotiable instruments act are done at a different place, does not provide territorial jurisdiction with the court of that particular place because giving of notice does .....Tag this Judgment!