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    <title>2005 (7) TMI 659 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=175105</link>
    <description>Under the Salary Savings Scheme, the employer was treated as the insurer&#039;s implied agent for collecting and remitting premiums because the arrangement was tripartite, the insurer invited employers to handle deductions and consolidated remittances, and employees were led to rely on that mechanism. Applying settled agency principles under the Contract Act, the Court held that agency may arise by conduct and necessary implication, and the employer&#039;s own correspondence was not decisive. The insurer could not avoid liability on the basis of the employer&#039;s failure to deduct or remit premium without first informing the employee and discharging its obligations under the Scheme. Liability under the policy therefore continued despite the employer&#039;s default.</description>
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    <pubDate>Thu, 28 Jul 2005 00:00:00 +0530</pubDate>
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      <title>2005 (7) TMI 659 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=175105</link>
      <description>Under the Salary Savings Scheme, the employer was treated as the insurer&#039;s implied agent for collecting and remitting premiums because the arrangement was tripartite, the insurer invited employers to handle deductions and consolidated remittances, and employees were led to rely on that mechanism. Applying settled agency principles under the Contract Act, the Court held that agency may arise by conduct and necessary implication, and the employer&#039;s own correspondence was not decisive. The insurer could not avoid liability on the basis of the employer&#039;s failure to deduct or remit premium without first informing the employee and discharging its obligations under the Scheme. Liability under the policy therefore continued despite the employer&#039;s default.</description>
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      <pubDate>Thu, 28 Jul 2005 00:00:00 +0530</pubDate>
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