Judgment Search Results Home > Cases Phrase: compulsory deposit scheme act 1963 Page 9 of about 28,972 results (0.098 seconds)

Kousalya Devi Vs. Praveen Bankers

Court : Kerala

Reported in : AIR1980Ker148

..... to the extent of the first four hundred rupees and two thirds of the remainder in execution of any decree other than a decree for maintenance; xx xx xx (ia) one third of the salary in execution of any decree for maintenance; (j) xx x x xx (k) all compulsory deposits and other sums in or derived from any fund to which the provident funds act, 1925, for the time being applies in so far as they are declared by the said ..... secondly clause (k) referred to above exempts only compulsory deposits in any fund to which the provident funds act, 1025 or any other corresponding law applies. ..... an agreement by the petitioner to contribute a specified sum or a request by her to deduct any specified sum from her salary towards provident fund will not by itself make that sum a compulsory deposit in any fund to which the provident fund act applies. ..... has stated that contribution of funds under the employees' state insurance scheme and employees' provident funds act 1952 have to be deducted in reckoning the attachable portion of the salary of a judgment-debtor. ..... :-- (1) the allowances payable to officers in india subject to the (british) army and air force acts shall be exempt from attachment by order of a court in satisfaction of a liability incurred after the 31st dec. .....

Commissioner of Income-tax, Faridabad Vs. Kapil Kumar Agarwal

Court : Punjab and Haryana

..... the relevant portion thereof reads thus: "new scheme for deposits in respect of exemption from capital gains - 26.1 under the existing provisions of sections 54, 54b, 54d and 54f, long term capital gains arising from the transfer of any immovable property used for residence, land used for agricultural purposes, compulsory acquisition of lands and buildings and other capital assets are exempt from income tax if ..... appropriate the sale proceeds of long term capital gain, then before filing of a return under section 139(1) of the act, he is required to deposit the same under any capital gain account scheme with a bank or institution specified by the central government in the official gazette. ..... (4) of section 54f of the act where the amount of net consideration is not utilized for the purchase or the construction of a new residential house, it should be deposited in an account in a specified bank under the capital gains account scheme, 1988 notified by the central government ..... that arises for consideration relates to whether the assessee in order to avail benefit of section 54f of the act is required to utilize the amount for the purchase of the new asset from the sale proceeds of the ..... the combined reading of the aforesaid provisions shows that in order to avail benefit under section 54f of the act, the assessee is required to either purchase a residential house within a period of one year before or two years after the date on which transfer takes place or construct a residential house .....

Union of India and anr. Vs. New Shorrock Spg. and Mfg. Co. Ltd., and a ...

Court : Gujarat

Reported in : (1977)0GLR576

..... explanatory statement attached to the notice convening the extraordinary general meeting clearly showed that a change of investment was made only because it was apprehended that the final fructification of the scheme of amalgamation might take some time and it was desired that a little higher return should be secured on the investment. ..... old central bank, on the compulsory acquisition of its business had no option left but to take compensation as provided under act v of 1970. ..... amalgamation and take-over-(1) notwithstanding anything contained in any other law for the time being in force, - (a) no scheme of merger or amalgamation of an undertaking to which this part applies with any other undertaking, .... ..... for that purpose, the procedure prescribed was followed by both the companies by convening a meeting of their shareholders and the scheme of amalgamation proposed by both companies was approved by the shareholders. ..... attract section 23(1)(a), it must be shown that the transferor-company, at the relevant time when the court is called upon to sanction the scheme of amalgamation, was engaged in the 'service' of any kind. ..... an undertaking carried on investment business or only made deposits would be a question of intention in each case. ..... court as well as the bombay high court sanctioned the amalgamation schemes placed before the courts after scrutiny. ..... promissory notes and made deposits out of the sale proceeds ..... were income by way of dividends and interests on fixed deposits of surplus funds. .....

Trustees for the Improvement of Calcutta Vs. Chandra Kanta Ghosh

Court : Kolkata

Reported in : 36Ind.Cas.749

..... intended acquisition of the lands with a view to recoupment, that is to enable the trustees to recoup themselves in whole or in part the costs of the scheme, is an act authorised by the calcutta improvement act, 1011; secondly, that the lands are required for providing building sites within the meaning of section 39(a) and are consequently liable to compulsory acquisition; thirdly, that the lands are required for the purpose of laying out of re-laying out within the meaning of section 41(b), and ..... are accordingly proper-subject-matter of compulsory acquisition; fourthly, that the lands will be affected by the execution of the scheme within the meaning of section ..... sections 68 and 69 show that the acquisition may be either by agreement between the board and the proprietor of the land or compulsory proceedings taken at the instance of the board under the provisions f the land acquisition act, which are modified in important particulars by section read with the schedule to the act is regards compulsory acquisition, the fundamental point to be borne in mind is that he board is authorised, not to acquire whatever land they may choose, but only to acquire land .....

The Manager, Angul Electrical Division, Angul Vs. Gotika Naik, Angul a ...

Court : Orissa

..... of the above noted provisions of section 4, it was contended that question of compulsory depositing of the gratuity amount does no.and canno.arise. ..... it does no.take long to appreciate the purpose for which this particular family pension scheme has been introduced by deposit of the provident fund and the gratuity amount and we are no.9 expressing any opinion in regard thereto but the fact remains that statutory obligation canno.be left high and dry on the ..... to the deposit of the provident fund but as regards the gratuity amount, be it noted that there is a mandate of the statute that gratuity is to be paid to the employee on his retirement or to his dependants in the event of his early death - the introduction of family pension scheme by which the employee is compelled to deposit the gratuity amount, as a matter of fact runs counter to this beneficial piece of legislation (act of 1972) ..... (iii) whether the injured workman or legal heirs of the deceased-workman are no.entitled to get the statutory benefit under the workmen s compensation act, 1923 on the ground that the injured employee or the legal heir of the deceased employee has been given 5 employment by the management with same wages/salary ..... situations are no.difficult to conceive when the family needs some lump-sum amount but in the event of deposit of the same with the employer, the heirs of the deceased employee could be put into the same problems of realities of life, even though, if this money would have been made .....

Repeti Venkataramana Vs. K. Venkateswara Rao Patnaik

Court : Andhra Pradesh

Reported in : 1993(2)ALT393; 1993(2)ALT393; [1994(68)FLR1093]; (1994)ILLJ732AP; (1994)ILLJ732SC

..... it was further held by the supreme court that so long as the amounts are provident fund dues, pensions and other compulsory deposits then, till they are actually paid to the government servant who is entitled to it on retirement or otherwise, the nature of the dues is not altered and that the government is a trustee for those sums and has an interest in ..... fund & finance, : (1976)iillj69sc , the supreme court, after considering the provisions of section 60(1) clauses (g) and (k) of the civil procedure code and sections 3 and 4 read with section 2(a) of the provident funds act, held that a bare reading of sections 3 and 4 of the provident funds act, 1925 read with section 2(a) of that act will show that attachment of amounts bearing their description is prohibited, that section 60(1) provisos (sic. ..... in that case it was held that special compensation payable to an employee under a voluntary retirement scheme which is calculated at the rate of fifteen days' wages for every year of his service, is not a payment depending on the bounty of the employer, that it is a payment of the nature of retrenchment compensation or of a consolidated pension and it would, therefore, ..... so long as the amounts payable under the head 'voluntary' retirement benefit scheme are not exempt from attachment under the statute, it cannot be said that the person who is receiving the amounts under the voluntary retirement scheme can claim the benefit of sub-section (1) of section 60, c.p.c.6. .....

Balavenkatagari Rama Muni Reddy Vs. K. Fakruddin

Court : Andhra Pradesh

..... provident fund which says of compulsory deposits and other sum not derived from any funds to which the provident funds act, 1925 for the time being applied in sofar as they are derived by the said act ought to be liable to attachment ..... may state without fear of contradiction that provident fund amounts, pensions and other compulsory deposits covered by the provisions we have referred to, retain their character until they ..... g, h, i, i(a), j and o are exempt from attachment or sale, either before or after they are actually payable, while they were in the custody of the employer and once the funds paid and deposited in bank, they merge in the common pool and lost their immunity and thereby the dismissal order of the execution petition of the amount not attachable is unsustainable and is liable to be set aside. ..... the reading of paragraph nos.22, 33 and 35 referred above in radhey shyam gupta's case (supra) is only in dealing with payment of gratuity from retirement by notification under the gratuity act and not in relation to pensionary benefits; though it is stated as if under section 60 (g), but infact in section 60 provisos out of the clauses (a to p), clause (g) speaks that, the said funds and gratuity allowed to pensioners by the ..... 1985 scc (lands) 383 wherein it was reaffirmed that gratuity payable to dock workers under a scheme in absence of a notification under section 5 of the payment of gratuity act, 1972, would not be liable to attachment for satisfaction of a court's decree. .....

Estate of Late Shri T.S. Srinivasa Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1984)7ITD597(Mad.)

..... requires to be laid on the expression 'assessee' because the fact that the same 'person' who made the payment of the compulsory deposit received the refund of such deposit does not fasten the liability on that person ..... . the assessment year relevant to which the compulsory deposit was made is the assessment year 1966-67 when the late ..... . in the first place, according to the rules of the annuity deposit scheme, when a deposit is made in a particular year, the refund of a portion of the deposit (during that period one-tenth was refunded in every subsequent year) starts from the very ..... the present case, the refund of the compulsory deposit is received by shri s ..... principal laid down by the madras high court in that case was that under the annuity deposit scheme the refund of the principal is taxable as deemed income only in the hands of the depositor who made the initial deposit and not in the hands of any other person [see page 600 of s.m ..... the claim is proved and the assessee is entitled to relief in dispute and, hence, the commissioner (appeals) in acting otherwise, has committed an error of law and facts whereas, according to the learned accountant membeestate of r, the point of dispute for resolution is the following : whether, on the facts and circumstances of the case, the refund of annuity deposit is exempt in the hands of the assessee on the ground that the assessee was different from the ..... related to the assessment years 1963-64 to 1966-67 ..... . 1963-64 30-3-65 39,650 4,956 .....

Capital Cities Cable, Inc. Vs. Crisp

Court : US Supreme Court

..... accordingly, the committee has determined to maintain the basic principle of the senate bill to establish a compulsory copyright license for the retransmission of those over-the-air broadcast signals that a cable system is authorized to carry pursuant to the rules and regulations of ..... [ footnote 14 ] to take advantage of this compulsory licensing scheme, a cable operator must satisfy certain reporting requirements, 111(d)(1) and (2)(a), pay specified royalty fees to a central fund administered by the register of copyrights, 111(d)(2)(b)-(d) and (3), and refrain from deleting or altering commercial advertising on the ..... that case, we concluded that a state's authority to ban price-related broadcast advertising for eyeglasses was not preempted by the communications act, principally because "[n]o specific federal regulations even remotely in conflict with the new mexico law have been called to our attention. ..... , 691 f.2d 125, 132-133 (ca2 1982) (discussing congress' decision to establish "a compulsory licensing program to insure that [cable systems] could continue bringing a diversity of broadcasted signals to their ..... in marking the boundaries of its jurisdiction, the fcc determined that, in contrast to its regulatory scheme for television broadcasting stations, it would not adopt a system of direct federal licensing for cable ..... 142 -143 (1963), or when the state law "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of ..... 424 (1963), is not .....

L.M. D'Costa Vs. Water Pinto and Ors.

Court : Mumbai

Reported in : 1986(2)BomCR403

..... 1 under the compulsory deposit payment scheme.4. ..... on 11-3-1983 the 2nd income-tax officer, bsd (south), bombay issued, a notice under section 226(3) of the income-tax act to the manager, bank of america, bombay, calling upon him to deposit with the said income-tax officer two sums of rs. ..... as i have already pointed out, during the narration of the facts, it was the income-tax officer who had issued a notice to the bank of america, which held an account of the partnership firm, to deposit with the income-tax officer two amounts of rs. ..... secondly, shri kurup contended that under section 47 of the indian partnership act, 1932, after the dissolution of the firm no partner could claim any part of the assets as his own. ..... two sums were required to be deposited with the said income-tax officer for the purpose of satisfying the advanced tax liability for the year 1983-84 of the accused no. ..... the bankers thereupon deposited with the 2nd income-tax officer the two amounts as required. ..... by his letter dated 28-4-1983 sawardekar, the supervisor of the bank of america, addressed a reminder to the income-tax officer to return the said amounts to the bank for being deposited in the partnership account of m/s. ..... poinnari recruiting agency raised an objection with the bank of america for depositing the two amounts of rs. .....