Judgment Search Results Home > Cases Phrase: deposit insurance corporation amendment and miscellaneous provisions act 1978 Page 1 of about 4,322 results (0.403 seconds)

Gujarat Mazdoor Sabha Vs. State of Gujarat

Court : Gujarat

Reported in : (2003)1GLR158; (2003)ILLJ1066Guj

..... , of the employees' provident fund and miscellaneous provisions act, 1952 (19 of 1952), or the 'indian airlines' and 'air india' corporations established under section 3 of the air corporation act, 1953 (27 of 1953), or the life insurance corporation of india established undersection 3 of the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956), or the oiland natural gas commission established under section 3 of the oil and naturalgas commission act, 1959 (43 of 1959), or the deposit insurance andcredit guarantee corporation established under section 3 of the depositinsurance and credit guarantee corporation act, 1961 (47 of 1961), orthe ..... 3 of theinternational airports authority of india act, 1971 (43 of 1971), or aregional rural bank established under section 3 of the regional rural banksact, 1976(21 of 1976), or the export credit and guarantee corporation limitedor the industrial reconstruction corporation of india limited or a bankingor an insurance company, a mine, an oilfield, a cantonment board, ora major port, the central government, and(ii) in relation to any other industrial dispute, the state government;' plain reading of unamended as well as amended definitions show that prior to amendment and subsequent to it the central government .....

Anjuman Tea Company Ltd. and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(1)CHN1061

..... to mention that the employees provident fund and miscellaneous provisions act, 1952 is a social legislation. ..... employees state insurance corporation v. s.k. ..... subsequent payments even though accepted by the provident fund commissioner will not constitute condonation of the offence itself, but then if the trial court ultimately finds that the amount of contribution which was due and on account of which prosecution has been launched, has been actually paid before lodging of the prosecution or even immediately thereafter, the trial court may pass minimum sentence in accordance with law, under proviso ..... the relevant portion of the said judgment is quoted herein below:we have given the matter our anxious thoughts and we are of the considered view that under section 14(1a) of the act any person who commits a default in complying with the provisions of section 6 or clause (a) of sub-section (3) of section 17 or paragraph 38 of the scheme, is ..... the appellants along with their own contribution had to be deposited by the appellants under section 6 of the aforesaid act and they having not paid the amounts within the stipulated time, the offence stands committed and any subsequent deposit would not cause a waiver of the prosecution. ..... that apart, by virtue of the amendment brought in the statute, non-payment of the employees' share of contribution amounts to criminal misappropriation within the meaning of the penal statute and temporary misappropriation be also criminal misappropriation within .....

Steel Authority of India Ltd. and ors. Etc. Etc. Vs. National Union Wa ...

Court : Supreme Court of India

Reported in : AIR2001SC3527; [2001(91)FLR182]; (2002)1GLR792; JT2001(7)SC268; 2001LabIC3656; (2001)IILLJ1087SC; 2001(5)SCALE626; (2001)7SCC1; 2001(4)SCT1(SC); (2002)1UPLBEC228; 2001DGLS(soft)1084:2001(111)CLR349

..... mines provident fund and miscellaneous provisions act, 1948 (46 of 1948), or the central board of trustees and the sate boards of trustees constituted under section 5-a and section 5-b, respectively, of the employes' provident fund and miscellaneous provisions act, 1952 (19 of 1952), or the life insurance corporation act, 1956 (31 of 1956) or (the oil and natural gas corporation limited registered under the companies act, 1956 (1 of 1956)), or the deposit insurance and credit insurance and credit guarantee corporation established under section 3 of he deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation established under section 3 of the warehousing corporation act, 1962 (58 of 1962 ..... others sail with the learned solicitor general, submitted that the appropriate government on the relevant date was the state government and for that reason the notification issued by the central government on december 9, 1976 was never sought to be applied to the establishments of fci and ongc but in view of the amendment of the definition of the expression, 'appropriate government' with effect from january 28, 1986, the central government would thereafter be the appropriate government ..... alath factory the zhilali union, kozhikode : (1978)iillj397sc . .....

Hindustan Times and ors. Vs. State of U.P. and anr.

Court : Supreme Court of India

Reported in : AIR2003SC250; 2003(1)ALT18(SC); (2003)2CALLT1(SC); 95(2003)CLT755(SC); [2003(96)FLR758]; JT2002(9)SC317; (2003)ILLJ206SC; (2003)1SCC591; 2003(1)LC49(SC); (2003)1UPLBEC355

..... supreme court verdicts fully support the position.6.90 though on strict sensu construction of the definition of the term 'wages' in section 2(rr) of the industrial disputes act which becomes applicable (i) newspaper employees by virtue of section 2(g) of the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955, there was some hesitation as to whether provision of pension fell within the jurisdiction of the wage boards, the wage boards on a thorough consideration of the question took a view that it did ..... accordingly, the questionnaire issued by the wage board and its subsequent proceedings continued to abide by this decision till the finance minister in his budget speech ..... life insurance corporation will issue one policy in favour of director of information. ..... ...this will be sharing scheme in which 50% of the amount will be taken from member journalists and the remaining 50% will be deposited by the state government. ..... the said government order will be deemed to be amended.'8. .....

E.P.F.Commissioner Vs. O.L.of Esskay Pharmaceuticals Ltd.

Court : Supreme Court of India

..... amendment act no.33 of 1988 was passed is discernible from the statement of objects and reasons appended to the employees' provident funds and miscellaneous provisions (amendment) bill, 1988, the relevant portions of which are extracted below: the employees' provident funds and miscellaneous provisions act, 1952 provides for the institution of compulsory provident fund; family pension fund and deposit linked insurance fund, for the benefit of the employees in factories and ..... provisions contained in the drt act, the securitisation act and sales tax legislations of different states as also section 14a of the workmen's compensation act, 1923, section 11 of the epf act, section 74 of the estate duty act, 1953, section 25 of the mines and minerals (regulation and development) act, 1957, section 30 of the gift tax act, 1958, section 529a of the companies act, 1956, section 46b of the state financial corporations act, 1951 and observed: under section 13(1) of the securitisation act, ..... that the proceedings initiated by the financial corporation under section 29 of the state financial corporations act, 1951 will not be affected by the non obstante clause contained in section 529a of the companies act and observed: the act of 1951 is a special act for grant of financial assistance to industrial concerns with a view to boost up industrialisation and also recovery of such financial assistance if it becomes bad and similarly the companies act deals with companies including winding up of .....

Voltas Limited and ors. Vs. Hiralal Agarwalla and ors.

Court : Kolkata

Reported in : (1991)1CALLT459(HC),[1991]71CompCas273(Cal),1991CriLJ609

..... 1978] cal hn 336, this court was addressed on the point as to whether the directors of the company were liable for the offence under the employees' provident funds and miscellaneous provisions act ..... was a case under the prevention of food adulteration act and this court was urged to decide whether, by virtue of the provisions under section 17 of the act, the officers of the company were vicariously liable for ..... the supreme court observed that for the purpose of quashing the proceedings, only the allegations set forth in the complaint have to be seen and nothing further and, from a perusal of the various clauses of the complaint, including para 5, the supreme court found it quite clear that a prima facie case for summoning the accused ..... employees' share of contribution from the wages of the employees for the period from june, 1980, to march, 1981, but failed to deposit the said amount in the employees' state insurance funds within the specified time. ..... learned counsel for the petitioners is that prima facie there are no materials to show that the accused petitioners have committed an offence punishable under section 138 of the negotiable instruments act, 1881, as amended by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988, hereinafter referred as the act of 1988.9. ..... corporation ..... counsel for the opposite party, has referred to a decision of the supreme court in municipal corporation of delhi v. ..... municipal corporation of delhi ..... corporation .....

Gohar Mohammad Vs. Uttar Pradesh State Road Transport Corporation

Court : Supreme Court of India

..... of police for each state is directed to instruct all police stations in the 14 state to comply with provisions of section 158(6) of motor vehicles act (pre 2019 amendment) and submit accident information report in form no.54 accompanied with copies of first information report, site sketch/mahazar/photographs, insurance policy, etc. ..... to protect and preserve the compensation amount awarded to families, special schemes in consultation with nationalized banks and life insurance corporation of india may be considered by the insurance companies under which the compensation is kept in fixed deposit for an appropriate period and interest is paid by bank on monthly ..... , the procedure carved out under section 149 of the amendment act is de novo on filing the far before the claims tribunal and tribunal is required to 50 register such proceedings as miscellaneous application. ..... in our view, the argument as advanced is having force, therefore, we direct that on initiation of the proceedings under section 149 registering a miscellaneous application by the claims tribunal, in whose jurisdiction the accident occurred would continue until the proceedings under section 166 has been filed by the claimant ..... the claims tribunal is required to examine the far, iar or dar, as the case may be and in the proceedings of the said miscellaneous application, appropriate direction for production of requisite forms prescribed in the rules through claimant(s), driver(s), owner(s) or extension of time, as specified, .....

Oil and Natural Gas Corporation Ltd. Vs. Asst. Provident Fund Commissi ...

Court : Allahabad

Reported in : (1999)IIILLJ651All; (1999)1UPLBEC463

..... but under the amended legislation he could pray for exemption of such deposit and as the application for exemption was filed no proceeding under section 7a of the employees' provident funds and miscellaneous provisions act 1952 could be initiated and if such an application was filed the authority concerned had no jurisdiction to initiate proceedings under section 7a and further that if the application for adjournment was filed the authority concerned should have considered the matter on facts and law and decided the same after giving ..... employees' provident funds and miscellaneous provisions act, 1952 is an act to provide for the institution of the provident fund, employees' family pension scheme and employees' deposit-linked insurance scheme for the employees in the factory and other establishments. ..... established after the commission and it inherited all rights and liabilities and all provisions relating to both the employer and the employees which were enforced in the commission prior to the coming into force of the corporation and it remained intact.the corporation is engaged in promoting indigenous production of hydrocarbons, self-reliance in technology as also promoting indigenous efforts in oil and gas related equipment materials and services, to assist in conservation of hydrocarbons, more efficient use of energy and development of alternate sources of energy, environment ..... he has further placed reliance in a case, reported in air 1978 sc 851, mohinder singh gill v. .....

Reserve Bank of India and Others Vs. Peerless General Finance and Inve ...

Court : Supreme Court of India

Reported in : 1996IAD(SC)774; AIR1996SC646; [1996]85CompCas920(SC); JT1996(1)SC8; 1996(1)SCALE13; (1996)1SCC642; [1996]1SCR58

..... after the enactment of the life insurance corporation act, 1956 peerless could not carry on life insurance business and if changed its name to 'peerless general finance and investment co. ..... after the insertion of chapter iii-b in the act, the bank issued three sets of directions to regulate acceptance of deposits by non-banking companies, categorising them into financial, non-financial and miscellaneous companies. ..... while the said matter was pending, the prize chits and money circulation schemes (banning) act, 1978 was enacted by parliament and it came into force with effect from december 12, 1978. ..... in order to cover up this mode of avoiding compliance with the requirements of paragraphs 6 and 12 of the 1987 directions, the bank, by notification dated april 19, 1993, amended the 1987 directions and inserted paragraph 4a which contains the following provision :4a. ..... the said writ petition of peerless was allowed by a division bench of the calcutta high court and it was declared that the business carried on by peerless did not fall within the mischief of the prize chits and money circulation schemes (banning) act, 1978. ..... thereupon peerless filed a writ petition in the calcutta high court for a declaration that the prize chits and money circulation schemes (banning) act, 1978 did not apply to the business carried on by it. .....

Yoshio Kubo Vs. Commissioner of Income Tax

Court : Delhi

..... " it was also argued that to fall outside the mischief of the provision, the contribution had to be to a recognized provident fund or an approved superannuation fund or a deposit-linked insurance fund established under section 3g of the coal mines provident fund and miscellaneous provisions act, 1948 (46 of 1948), or, as the case may be, section 6c of the employees provident funds and miscellaneous provisions act, 1952 (19 of 1952) the revenue further argues that since the contributions did not match the description of the excluded category, they were covered by the ..... subsequently, the terms of the appointment of the assessee were varied and the company instead of paying commission decided to purchase deferred policies from the life insurance corporation on the life of assessee ..... to an employee or incurs directly or indirectly any expenditure or is entitled to any allowance in respect of an asset of the assessee used by an employee either wholly or partly for his own purposes or benefit, then, subject to the provisions of clause (b), so much of such expenditure or allowance as is in excess of the limit specified in respect thereof in clause (c) shall not be allowed as a deduction: the sub-section was amended later in certain respects and was omitted altogether by direct tax laws (amendment) act, 1987 with effect from 1-4- 1989.20. ..... but the remedy for that must lie elsewhere, either in the proper control of the public corporations or in the amendment of the income-tax act, as the case may be. .....