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Jan 31 1986

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

Court : Kerala

Decided on : Jan-31-1986

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)

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 Appellate Assistant Commissioner confirmed the orders of assessment. During the pendency of the appeals, a notification under Section 8(3) of the Provident Funds Act, 1925, was published in the Gazette dated October 4, 1977. The contention raised

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Jul 17 1990

K. Satyavathi Vs. Regional Director, Employee State Insurance Corporat ...

Court : Andhra Pradesh

Decided on : Jul-17-1990

Subject : Labour and Industrial

Acts : Hindu Succession Act of 1956 - Sections 8; Insurance Act, 1938 - Sections 38 and 39; Provident Fund Act, 1925 - Sections 5

Reported in : (1992)IILLJ594AP

V. Satyanarayana were : 1. Death-cum-Retirement Gratuity; 2. Family Pension; 3. Provident Fund payable under the provisions of Act, 1925. 4. Group Insurance amount; and 5. Co-operative Society Benevolent Fund. A claim is made by the petitioner for … the first respondent to make payments of Gratuity, Group Insurance, General Provident Fund, Pension and Co-operative Society Benevolent fund benefits to the petitioner as well … Co-operative Society Benevolent fund benefits to the petitioner as well as to the second respondent in accordance with Section 8 of the Hindu Succession Act of 1956. 2. The relevant facts are as follows : The petitioner is

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Aug 07 1963

Thanjavur Permanent Bank Ltd. Vs. Dharmasamvardhani Ammal

Court : Chennai

Decided on : Aug-07-1963

Subject : Labour and IndustrialCivil

Acts : Provident Funds Act, 1925 - Sections 2, 3 and 8; Code of Civil Procedure (CPC) , 1908 - Order 8, Rule 6

Reported in : AIR1964Mad108; (1965)IILLJ50Mad

first point of the appellant.5. We consider that the second point of the appellant is well founded. The Provident Funds Act, 1925 was enacted with the object of amending and consolidating the law relating to Government and other provident funds. … shall, subject to certain limitations, be free from any debt or other liability incurred by the deceased subscriber. Section 8(1) empowers the appropriate Government, by notification, to extend the provisions of the Act to any provident fund established

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Apr 09 2012

S.Sandhya Vs. the Chief General Manager and ors.

Court : Chennai

Decided on : Apr-09-2012

Subject : Insurance

Acts : Insurance Act 1938 - Section 39(6)(1); Hindu Succession Act - Section 8; Tamil Nadu Co-operative Societies Act - Section 24; Employees' Provident Funds Act, 1952 - Section 10(2), 5 ; Employees' Provident Funds Scheme, 1952 ; Land Acquisition Act - Sections 16, 17; Insurance Act - Section 39; Hindu Marriage Act. - Section 11; Succession Act, 1925 - Section 372; Central Pension Rules - Rule 10; Group Insurance Scheme, 1980 ; Central Civil Services (Pension) Rules - Rule 50(1)(b), 51, 52 and 53; Constitution of India - Articles 226

the nominee would not be entitled to the right conferred by sub-section (1) of Section 5 of the Provident Funds Act, 1925. Therefore, under the provisions of Section 5 of the Provident Funds Act and the rules framed thereunder, the … to pension, governed by the provisions of the Pension Act and the rules and repelling the contention that Section 8 of the Hindu Succession Act provides for succession to the hindu, has been excluded by the service rules

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May 11 2001

Mst. Ahmadeen Begum and Others Vs. Abdul Qayum Khan and Others

Court : Allahabad

Decided on : May-11-2001

Subject : FamilyCivil

Acts : Code of Civil Procedure (CPC), 1908 - Order XLVII, Rule 1; Provident Funds Act, 1925 - Sections 3, 4, 5 and 5(1); Insurance Act, 1938 - Sections 39 and 39(6); Employees' Provident Funds and Misc. Provisions Act, 1952; Government Saving Certificates Act, 1959 - Sections 6, 7 and 8

Reported in : [2001(90)FLR348]; 2001LabIC3906; (2001)2UPLBEC1550

belong to the nominee.6. In Shaik Dawood and others (supra), the Andhra Pradesh High Court interpreted the Employees' Provident Funds and Misc. Provisions Act (Act 19 of 1952) and it was held that the nominee of the provident … that this Court did not consider the effect of the provisions of Section 5 of the Provident Fund Act, 1925 and as such, the judgment of this Court is liable to be reviewed. He has relied upon various … Devi v. Naresh Chandra Nigam and another, 1990 L & IC NOC 89.5. In Sarbati Devi's case (supra), the Supreme Court was dealing with the

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Feb 18 1987

Om Wati Vs. Delhi Transport Corporation and Others

Court : Delhi

Decided on : Feb-18-1987

Subject : Company

Acts : Provident Funds Act, 1925 - Sections 5; Employees' Provident Funds Act, 1952

Reported in : [1987]61CompCas801(Delhi)

the provident fund. Counsel submits that the words 'right to receive' are borrowed from section 5 of the Provident Funds Act, 1925. He further argues that this right to receive the amount confers an absolute right on the nominee to … to the rights of the nominee under the scheme framed under the Employees' Provident Funds Act, 1952. Chapter 8 of the Employees' Provident Funds Scheme, 1952, provides for nominations, payments and withdrawals from the provident fund. Para

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Mar 13 1963

State of Orissa Vs. V.V. Apparao

Court : Orissa

Decided on : Mar-13-1963

Subject : Civil

Acts : Provident Funds Act, 1925 - Sections 6, 7 and 8; Madras Local Boards Act, 1928; Local Board Provident Fund Rules - Rule 22; Orissa Local Funds Audit Act, 1948 - Sections 9; Madras Local Boards Act, 1920

Reported in : AIR1963Ori181

Officer of the iistrict Board. Ext. J dated 25-5-57 but till now nothing further has been done.The President Funds Act 1925 had been extended to Provident Funds under the control of local authority by appropriate notifications under Section 8 … either in the Local Boards Provident Fund Rules (made under Madras Local Boards Act 1920) or in the Provident Funds Act, 1929 empowering the competent authority to withhold payment of the sums admittedly due to the subscriber, unt I

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Jun 26 2001

Hemant Kulshrestha Vs. Smt. Pushpa Kulshrestha and Others

Court : Madhya Pradesh

Decided on : Jun-26-2001

Subject : Service

Acts : Madhya Pradesh General Provident Fund Rules, 1955 - Rules 2(1) and 8; Provident Funds Act, 1925 - Sections 5 and 5(1)

Reported in : 2001(3)MPHT239

the nominee would not be entitled to the right conferred by sub-section (1) of Section 5 of the Provident Funds Act, 1925. Therefore, under the provisions of Section 5 of the Provident Funds Act and the rules framed thereunder, the … which these rules relate, unless the subscriber subsequently cancels formally in writing her notification excluding him.' 3. Rule 8 provides for nominations and proviso to Rule 8 provides that if the subscriber has a family then the

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Apr 12 2004

Smt. A. Lakshmi Vs. Arjun Associated Pvt. Ltd., Rep. by Its Director a ...

Court : Andhra Pradesh

Decided on : Apr-12-2004

Subject : Motor Vehicles

Acts : Constitution of India - Article 14; Motor Vehicles Act, 1939 - Sections 92A, 92B, 95, 110, 110B, 147, 162, 163A, 166, 167, 168 and 168(1); Fatal accidents Act, 1855; Motor Vehicles Act, 1988 - Sections 168(1); Life Insurance Act, 1956 - Sections 44F; Provident Fund Act, 1925

Reported in : I(2005)ACC289; 2005ACJ704; 2004(4)ALD618; 2004(5)ALT13

should be accepted.' 17. The next deduction noticed from the salary is General Provident Fund. The Provident Fund Act, 1925 is a Central Enactment and it extends to the whole of India. The object underlying the Provident Fund … deductions are as follows:A sum of Rs.1,000/- is being deducted towards Provident Fund, Rs.15/- towards Group Insurance Scheme, Rs.20/- towards Professional Tax, Rs.477/- towards premium … rent - Deposit of rent in Court - Held, A tenant has the option to take recourse to Section 8 in case of refusal or evasion by landlord to receive rent and if landlord were to not name

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Apr 12 2007

The Madras High Court Staff Association, Represented by Its Secretary ...

Court : Chennai

Decided on : Apr-12-2007

Subject : Service

Acts : Payment of Gratuity Act, 1972 - Sections 8; Provident Funds Act, 1925; General Provident Funds Rules 1956 - Rule 13; Tamil Nadu General Provident Fund Rules; Civil Services (classification, Control and Appeal) Rules - Rules 41, 42 and 44

Reported in : (2007)4MLJ152

The payment of subscription, withdrawal and all other matters connected to the Provident Fund are governed by the Provident Funds Act, 1925 and the General Provident Fund (Tamil Nadu) Rules framed by the Government of Tamil nadu in exercise of … in denying the same is against all established principles and practices; that the principle was found acceptance under Section 8 of the Payment of Gratuity Act, 1972 and for delayed payment interest at the rate of 9% p.a.

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