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Judgment Search Results Home > Cases Phrase: general insurance act Page 1 of about 80,035 results (0.189 seconds)

Oct 26 2005 (HC)

Diamond Jubilee Bank Bachav Samiti Vs. State of Gujarat and 6 ors.

Court : Gujarat

Reported in : AIR2006Guj194

..... thereafter the corporation will be entitled to receive from the residuary amount with the liquidator. in his submission the corporation is in the business of insurance and like other insurance companies created under the general insurance act, the corporation also carries on the business activity. in support of this submission, he has laid emphasis on words to contract occurring in sub-section (1 ..... ) of section 3 of the act along with other provisions of the act. he has, therefore, submitted that the corporation is statutorily bound to make payment to the ..... act as contended by mr. vakharia, can be considered and decided at the appropriate stage. nevertheless it is the statutory duty as well as moral obligation on respondent-corporation to make the payment to the depositors since this is a welfare legislation. if the depositors, the bank and the corporation are to be compared with the parties under general insurance ..... subject to ceiling limit of outstanding at one time. not only that, section 27 also provides for receiving advances from general fund or the credit guarantee fund which are maintained under section 22 of the act to deposit insurance fund. section 23(1) of the act states the sources from which there can be inflow of the amounts to the deposit .....

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Aug 22 2008 (HC)

New India Assurance Co. Ltd. and anr. Vs. State of A.P. Rep. by the Di ...

Court : Andhra Pradesh

Reported in : 2009(1)ALT87

..... near pudimadaka in visakhapatnam district. third defendant gave telegram to assistant director of fisheries, kakinada, who filed claim with second defendant for insurance amount. second defendant deputed licensed surveyor appointed under section 64um of general insurance act, 1938 (insurance act, for short). surveyor, after inspecting the area and boat that ran aground, submitted report on 16-9-1975. he opined that ..... the ship ran aground on 3-9-1975 before issuing insurance cover note dated 6-9-1975 and therefore claim cannot be accepted. defendants ..... was not considered by the national commission. in appeal before supreme court, inter alia, it was contended that report of surveyor appointed in terms of section 64um of insurance act cannot be legally ignored. this found favour with supreme court. while remanding the matter to national commission supreme court observed thus.the appellant had appointed joint surveyors in ..... terms of section 64um(2) of the insurance act, 1938. their report has been placed on the record in which a detailed account of the factors on the basis of which the joint surveyors had come .....

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May 19 1998 (HC)

National Insurance Co. Ltd. Vs. Haji Abdul Rakib and ors.

Court : Guwahati

..... , the extent of liability. other mechanical stereo-type objections without any support of facts were also taken by the appellant insurance company in total disregard of the object behind nationalisation by general insurance act, 1972. on the basis of the pleadings, the following issues were framed by the learned member, motor accidents claims tribunal ..... we are not inclined to interfere with the impugned judgment and award as passed by the tribunal.8. for rate of interest, if the appellant insurance company fails to deposit the balance amount of compensation within 60 days from today, shall be enhanced to 12 per cent per annum from the ..... much as, no interest as such has been awarded. the interest awarded is only 10 per cent per annum that too on failure of the insurance company to deposit the amount of compensation as awarded and 50 per cent thereof has been deposited under orders of this court. be that as ..... tribunal is erroneous. at this stage, it cannot be out of place to refer to yet another judgment of the supreme court as reported in general manager, kerala state road trans. corporation v. susamma thomas 1994 acj 1 (sc), wherein the apex court has addressed to the logic behind application ..... through the impugned judgment, considering the age and income of the deceased vis-a-vis schedule ii as appended to section 163a of the motor vehicles act, 1988 (as amended), there are several other heads for incidents, that damage done to the vehicle has not been compensated and it was not .....

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Aug 14 1996 (HC)

Canara Bank and Another Vs. United India Insurance Co. Ltd.

Court : Chennai

Reported in : [1998]91CompCas385(Mad)

..... second plaintiff, a registered partnership firm carrying on the business of running a boat engaged in fishing in the sea. the defendant, incorporated under the general insurance act, is an insurance company in which, both the plaintiffs have taken an insurance policy for the fishing boat of the second plaintiff, which was named sealark-i. thus, the second plaintiff is the customer of the first ..... of the instant case for the very simple reasoning that the whole established fact will come within the total ambit of sections 57 and 60 of the marine insurance act, above quoted. 33. in life insurance corporation of india v. baidyanath singh : air1978pat334 , a division bench of the patna high court, had the occasion to observe the following, while dealing with the scope ..... insurance act is not a bar .... this is based on the principle that a contract of life insurance is uberrima fides and it is vitiated due to the non-disclosure and misrepresentation which are fraudulent in nature.' 34. in importing ..... of making it that such a statement was false or suppressed facts were material to be disclosed. if the three conditions are fulfilled, in view of section 45 of the insurance act it is open to the corporation to challenge the correctness of any such statement made in the proposal form, and section 45 of the .....

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May 28 2013 (HC)

Vinod Kumar Bhutani Vs. State Thr. Cbi

Court : Delhi

..... , which the prosecution cannot by any means discover, are to be proved by the accused and the prosecution in the garb of section 106 evidence act cannot shift its onus to the accused. section 38 of the general insurance act provides protection to an officer if the action is taken in good faith. reliance is placed on goc vs. cbi and anr. air 201 ..... , who granted the sanction, was competent to remove v.k. bhutani. there is no illegality in the sanction granted by the competent authority. reliance on section 38 of the general insurance business nationalization act, 1978 is misconceived. only actions done in good faith are protected and not the actions committed pursuant to a criminal conspiracy to commit a criminal offence. neither mr. vinod ..... , date and non-delivery certificate were duly mentioned and these documents were ticked. in cross-examination this witness further stated that certificate of compliance of section 64(5)(b) of insurance act was not on file though the same was mentioned in the claim note at column no. 19 stating that section 64(5)(b) had been complied with. it is thus ..... been convicted for a conspiracy for offence under section 13(1)(d) read with section 13(2) pc act. further the learned trial court erroneously invoked section 106 evidence act. section 106 evidence act is an exception to the general rule of evidence under section 101 evidence act. the duty to prove the facts lies on the party who alleges. the evidence of two prosecution .....

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May 28 2013 (HC)

Kunwar Vijay Juneja Vs. Cbi

Court : Delhi

..... , which the prosecution cannot by any means discover, are to be proved by the accused and the prosecution in the garb of section 106 evidence act cannot shift its onus to the accused. section 38 of the general insurance act provides protection to an officer if the action is taken in good faith. reliance is placed on goc vs. cbi and anr. air 201 ..... , who granted the sanction, was competent to remove v.k. bhutani. there is no illegality in the sanction granted by the competent authority. reliance on section 38 of the general insurance business nationalization act, 1978 is misconceived. only actions done in good faith are protected and not the actions committed pursuant to a criminal conspiracy to commit a criminal offence. neither mr. vinod ..... , date and non-delivery certificate were duly mentioned and these documents were ticked. in cross-examination this witness further stated that certificate of compliance of section 64(5)(b) of insurance act was not on file though the same was mentioned in the claim note at column no. 19 stating that section 64(5)(b) had been complied with. it is thus ..... been convicted for a conspiracy for offence under section 13(1)(d) read with section 13(2) pc act. further the learned trial court erroneously invoked section 106 evidence act. section 106 evidence act is an exception to the general rule of evidence under section 101 evidence act. the duty to prove the facts lies on the party who alleges. the evidence of two prosecution .....

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May 28 2013 (HC)

Rajesh Kumar Kohli Vs. Central Bureau of Investigation

Court : Delhi

..... , which the prosecution cannot by any means discover, are to be proved by the accused and the prosecution in the garb of section 106 evidence act cannot shift its onus to the accused. section 38 of the general insurance act provides protection to an officer if the action is taken in good faith. reliance is placed on goc vs. cbi and anr. air 201 ..... , who granted the sanction, was competent to remove v.k. bhutani. there is no illegality in the sanction granted by the competent authority. reliance on section 38 of the general insurance business nationalization act, 1978 is misconceived. only actions done in good faith are protected and not the actions committed pursuant to a criminal conspiracy to commit a criminal offence. neither mr. vinod ..... , date and non-delivery certificate were duly mentioned and these documents were ticked. in cross-examination this witness further stated that certificate of compliance of section 64(5)(b) of insurance act was not on file though the same was mentioned in the claim note at column no. 19 stating that section 64(5)(b) had been complied with. it is thus ..... been convicted for a conspiracy for offence under section 13(1)(d) read with section 13(2) pc act. further the learned trial court erroneously invoked section 106 evidence act. section 106 evidence act is an exception to the general rule of evidence under section 101 evidence act. the duty to prove the facts lies on the party who alleges. the evidence of two prosecution .....

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May 28 2013 (HC)

Arvind Kumar Sharma Vs. Cbi

Court : Delhi

..... , which the prosecution cannot by any means discover, are to be proved by the accused and the prosecution in the garb of section 106 evidence act cannot shift its onus to the accused. section 38 of the general insurance act provides protection to an officer if the action is taken in good faith. reliance is placed on goc vs. cbi and anr. air 201 ..... , who granted the sanction, was competent to remove v.k. bhutani. there is no illegality in the sanction granted by the competent authority. reliance on section 38 of the general insurance business nationalization act, 1978 is misconceived. only actions done in good faith are protected and not the actions committed pursuant to a criminal conspiracy to commit a criminal offence. neither mr. vinod ..... , date and non-delivery certificate were duly mentioned and these documents were ticked. in cross-examination this witness further stated that certificate of compliance of section 64(5)(b) of insurance act was not on file though the same was mentioned in the claim note at column no. 19 stating that section 64(5)(b) had been complied with. it is thus ..... been convicted for a conspiracy for offence under section 13(1)(d) read with section 13(2) pc act. further the learned trial court erroneously invoked section 106 evidence act. section 106 evidence act is an exception to the general rule of evidence under section 101 evidence act. the duty to prove the facts lies on the party who alleges. the evidence of two prosecution .....

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May 28 2013 (HC)

Anil Maheshwari Vs. Cbi

Court : Delhi

..... , which the prosecution cannot by any means discover, are to be proved by the accused and the prosecution in the garb of section 106 evidence act cannot shift its onus to the accused. section 38 of the general insurance act provides protection to an officer if the action is taken in good faith. reliance is placed on goc vs. cbi and anr. air 201 ..... , who granted the sanction, was competent to remove v.k. bhutani. there is no illegality in the sanction granted by the competent authority. reliance on section 38 of the general insurance business nationalization act, 1978 is misconceived. only actions done in good faith are protected and not the actions committed pursuant to a criminal conspiracy to commit a criminal offence. neither mr. vinod ..... , date and non-delivery certificate were duly mentioned and these documents were ticked. in cross-examination this witness further stated that certificate of compliance of section 64(5)(b) of insurance act was not on file though the same was mentioned in the claim note at column no. 19 stating that section 64(5)(b) had been complied with. it is thus ..... been convicted for a conspiracy for offence under section 13(1)(d) read with section 13(2) pc act. further the learned trial court erroneously invoked section 106 evidence act. section 106 evidence act is an exception to the general rule of evidence under section 101 evidence act. the duty to prove the facts lies on the party who alleges. the evidence of two prosecution .....

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May 27 1998 (HC)

Charu Barman and ors. Vs. Satya Narayan Jiwanram and ors.

Court : Guwahati

..... still, however, if he so desired should submit his arguments in writing. this is the way how a nationalised institution seeks to serve the lofty object of nationalisation of general insurance, act and comfort those in grief. paras 9 and 10 of the tribunal's judgment are worth noting in this regard.5. the only point argued by the learned counsel for ..... accident cannot be reduced on account of the giving of employment to anyone of the legal representatives of the deceased.accordingly, we hold that no portion of the pension, insurance money, gratuity, provident fund or any gratuitous payment received by the legal representatives of a deceased employee can be deducted from the amount of compensation payable to them under ..... the question, whether the defendants as legal representatives of the deceased who met with accidental death, receiving post-retiral benefits, such as, pension, gratuity, provident fund, the life insurance policy amount, family pension-whether such benefits were liable to be deducted from the amount of compensation? one of the questions posed before the bench as question no. 2 was ..... 4.5.1993 after prolonged treatment and hospitalisation, leaving behind his wife and three school going children. the appellants filed their claim, which was resisted by the respondents owner, insurer on the usual mechanical stereotyped objections with slender or no supporting facts. a plea of contributory negligence was also raised but without any attempt at substantiating the same, so much .....

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