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Smt. Rajjoo Devi Vs. Nageshwar and ors.

Court : Allahabad

Subject : Civil

Acts : Provident Funds Act, 1925 - Sections 4(1) and 5(2); Succession Act, 1925 - Sections 370 and 372

Reported in : AIR1965All267; [1964(9)FLR391]; (1965)ILLJ20All

next day he did not rely on the provisions of any such rules. 4. Section 5(2) of the Provident Funds Act, 1925 lays down as follows:'Notwithstanding anything contained in the Indian Succession Act, 1925 ...., any person, who becomes entitled

The Administrator General Vs. the General Manager, E.i. Railway

Court : Allahabad

Subject : Civil

Acts : Provident Funds Act, 1925 - Sections 3, 3(2) and 4(1); Constitution of India - Article 226

Reported in : AIR1951All815

claims this amount as part of the estate of T. Murphy. Obviously under Sub-section (a) of Section 8, Provident Funds Act, 1925, the Provident Fund on the death of T. Murphy vested in his dependant, viz. K. F. J. Murphy. … receive this money, because he obtained Letters of Administration in respect of it from this very Court. Under Section 4(1)(a), Provident Funds Act, 1925, the amount in the Provident Fund which vests in a dependant under the provisions

Lalsa Vs. Ivth Additional District Judge, Basti and Others

Court : Allahabad

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 214 (2), 370, 371, 372 and 381; Provident Funds Act, 1925 - Sections 5 (2); Insurance Act, 1938 - Sections 39 (5); Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC), 1908 - Sections 60; Succession Certificate Act - Sections 4

Reported in : 1999(3)AWC1828

381 of Indian Succession Act, 1925, Section 39 (5) of Insurance Act, 1938 and Section 5 (2) of Provident Funds Act, 1925 - whether amounts of provident fund, compulsory deposit scheme, death-cum-retirement gratuity etc. fall within meaning of 'debt' - … debt. Moneys due from an Insurance Company under a policy of insurance are 'debts' within the meaning of Section 4 of the Succession Certificate Act and a succession certificate may be granted in respect of such moneys. 'Debt'

Kadim Kusuma and ors. Vs. Kadiam Appachiamma and anr.

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Insurance Act - Sections 39; Provident Fund Act, 1925 - Sections 2, 3(2), 4 and 5; Provident Fund (Amendment) Act, 1946 - Sections 11; Succession Certificate Act, 1889; Bombay Regulation, 1827

Reported in : (1985)ILLJ194AP

force but their validity will be subject to the provisions of sub-s. (1) of S. 5 of the Provident Funds Act, 1925.' 12. Rule 1340 is in the following terms :- 'Persons to whom accumulations are payable :- 1. Subject … provident fund - Section 39 of Insurance Act, Sections 2, 3 (2), 4 and 5 of Provident Fund Act, 1925, Section 11 of Provident Fund (Amendment) Act, 1946, Succession Certificate Act, 1889 and Bombay Regulation, 1827 - deceased nominated

Sharadamma Vs. Jayashree

Court : Karnataka

Subject : Family

Acts : Provident Funds Act, 1925 - Sections 5; Payment of Gratuity Act, 1972 - Sections 4(1) and 6(1)

Reported in : II(1992)DMC452; ILR1992KAR2277

to receive the aforesaid sum; therefore, in the light of the provisions contained in Section 5 of the Provident Funds Act, 1925 the first plaintiff is entitled to receive it absolutely to the exclusion of others, as such the other … such manner, as may be prescribed, nomination for the purpose of the second proviso to Sub-section (1) of Section 4 of the Act. Sub-section (2) thereof further provides that an employee may, in his nomination, distribute the amount

Radhey Shyam Gupta Vs. Punjab National Bank and anr.

Court : Supreme Court of India

Subject : Civil

Acts : Payment of Gratuity Act, 1972 - Sections 5; Provident Funds Act, 1925 - Sections 3 and 4; Pensions Act, 1871 - Sections 11; Code of Civil Procedure (CPC) - Sections 47, 60(1), 115 and 115(1) - Order 21

Reported in : AIR2009SC930; 2009(2)ALT9(SC); 2009(4)BomCR490; RLW2009(2)SC1783; (2009)1SCC376:2008AIRSCW8284

and Ors. : (1976)IILLJ69SC , where while dealing with the provisions of Sections 3 and 4 of the Provident Funds Act, 1925, prohibiting attachment of sums held by the Government, as well as proviso (g) to Section 60(1) of the

The Union of India (Uoi) Vs. S.M. King and anr.

Court : Allahabad

Subject : Service

Acts : Provident Funds Act, 1925 - Sections 2 and 3(1)

Reported in : AIR1953All1

Rs. 18,450 out of the provident fund money had been withhold. It was contended that under Section 3, Provident Funds Act, 1925, provident fund money is not in any way capable of being assigned 'or charged and is not liable … any Court in respect of any debt or liability incurred by the subscriber or depositor, and that under Section 4 of the said Act the provident fund money is payable to the subscriber or the depositor and in

Commissioner of Wealth-tax Vs. Kerala State Road Transport Corporation ...

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 161(1), 164; Wealth Tax Act, 1957 - Sections 5(1), 21(1) and 21(4); Provident Funds Act, 1925 - Sections 8 and 8(3)

Reported in : [1987]164ITR737(Ker)

the Provident Funds Act, 1925, was published in the Gazette dated October 4, 1977. The contention raised on behalf of the assessee-trust that the provident … of the case, the provident fund held by the assessee-trust could be considered as one to which the Provident Funds Act, 1925, applied by reason of the notification dated September 8, 1977, made by the Kerala State Government ? (2) … The Income-tax Appellate Tribunal, Cochin Bench, has referred the following questions for the decision of this court under Section 27(1) of the Wealth-tax Act, 1957 :'(1) Whether, on the facts and in the circumstances of the case,

Matildas Bishop Vs. Suzan Anthony Millard

Court : Mumbai

Subject : Civil

Reported in : AIR1946Bom138; (1945)47BOMLR906

of Clause (6) below, the disposal of the balance at credit of deceased members shall be regulated by Section 4(1) of the Provident Funds Act, 1925, reprinted as annexture AAA.(b)(i) If a declaration made by a member in … The parties, however, have clearly understood the rival contentions arising on the construction of the rules and the Provident Funds Act, 1925.2. On behalf of the appellants it is contended that the Provident Funds Act should be first looked at

Sunil Kumar Bose and anr. Vs. Ajit Kumar Bose and anr.

Court : Kolkata

Subject : Service

Acts : Government of India Act, 1935 - Section 241 and 241(2); ;Provident Funds Act, 1925 - Section 4

Reported in : AIR1955Cal245,58CWN483

the provisions in Rule 1336 are contrary to the provisions of the Provident Fund Act as contained in Section 4 of the Act. The relevant portion of Section 4 provides that where the subscriber is dead, payment of … was the amount standing to the credit of Sailendra Nath Bose, a Railway servant, in the Railway Provident Fund, Rs. 1820/- also standing to his credit as the special contribution thereto, Rs. 183-10-0 due' to him as