Judgment Search Results Home > Cases Phrase: deposit insurance corporation amendment and miscellaneous provisions act 1978 Page 10 of about 4,322 results (0.327 seconds)

Union of India and Others Vs. Super Processors

Court : Mumbai

Reported in : (1993)IILLJ203Bom

..... the appeal and the writ petitions raise common issues regarding the applicability of the provisions of section 14-b of the employees' provident funds miscellaneous provisions act, 1952 (hereinafter referred to as the said act) and the validity and applicability of the guidelines which have been issued under it from time to time by the central government and/or the central board of trustees. 2. ..... it recommended that instead of imposing damages on the employers for the belated payment of the employees' provident fund, family pension fund and employees' deposit linked insurance dues, the defaulting employer should be asked to pay penal interest at the maximum lending rate of banks plus 3% if the employers are occasional defaulters and at the maximum lending rate plus 5% in the case of employers who are habitual defaulters. ..... the supreme court said : 'we are not concerned with new offences created by the central amendment act or with offences for which an enhanced punishment is provided for and therefore there is no question of article 20(1) of the constitution being attracted. ..... 396 of 1978) the division bench of the delhi high court (sachar and khannan jj. ..... parameswaran match works reported in : 1978(2)elt436(sc) , there was a notification issued under the central excise rules under which a concessional rate of duty on match boxes was provided only to those manufacturers who had filed declaration before september 4, 1967. ..... the period of defaults was from august 1978 to march 1982. .....

Super Processors Vs. the Union of India (Uoi) and anr.

Court : Mumbai

Reported in : 1992(2)BomCR468; (1994)IIILLJ564Bom

..... petitioners, seek to impugn the order dated 15th march, 1985 passed by the regional provident fund commissioner under section 14-b of the employees' provident funds & miscellaneous provisions act, 1952 (19 of 1952) (hereinafter referred to as 'the act') claiming damages in the sum of rs. ..... cause notice dated 31st march, 1984 which called upon the petitioner to show cause in regard to the default committed in respect of payment of employees' provident fund contributions, the family pension fund and the deposit linked insurance fund contributions. ..... to the second respondent-commissioner that because of the late issuance of the notice they were prejudiced in any manner and that in the meantime relevant record was not available on the basis of which they could defend its action. ..... cama, however, placed reliance on the further portion of paragraph 3, which is as under: - 'all pending cases and those cases where hearing under section 14-b have already been held but final orders have not been issued should also be regulated ..... respondents have sought to amend the guidelines. ..... for the period august 1978 to march 1982. ..... counsel appearing on behalf of the respondents on the other hand contends that the aforesaid circulars have no application to the instant case, since the period of default is for the period of august 1978 to march, 1982. ..... the petitioners had committed default in making contributions towards the aforesaid fund for the period from august 1978 to march 1982. ..... was august, 1978 to march, .....

i.L. Naidu and ors. Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : 2003(2)ALD221; 2003(2)ALT470; (2003)IILLJ857AP

..... . it must be noticed that the decision of the supreme court in barsi case (supra) was delivered in the context of a fact situation arising in a legal environment prior to the amendment of the act by the industrial disputes (amendment and miscellaneous provisions) act, 1956 and the industrial disputes (amendment) act, 1956 ..... . though the power of the appropriate government to make an order of reference is administrative in character, if the court exercising judicial review finds that the government had acted in clear contravention of the provisions of law, had taken the decision on extraneous or irrelevant considerations or has eschewed relevant considerations while forming its opinion as to the existence or apprehension of an industrial dispute, this court would be well within its jurisdiction to invalidate the ..... .(e) the workmen are willing to deposit the amounts received by them to the hon'ble tribunal, and(f) as the workmen have been illegally terminated on 24.1.2001, as they are all of prime age and it is difficult to secure alternate employment and need economic support, they should be granted the reliefs.70 ..... . in a batch of civil appeals including punjab land development and reclamation corporation ltd ..... . shambhu nath mukherjee, : (1978)illj1sc , and state bank of india v. n .....

Lakshminarayana Hariyachar Vs. Divisional Commissioner

Court : Karnataka

Reported in : ILR1986KAR532

..... the karnataka land reforms (amendment and miscellaneous provisions) act, 1973 has been included in the 9th schedule and is no longer open to attack. ..... the rest of the provisions dealing with the offences, penalties and miscellaneous provisions and the rules made thereunder are not material for our purpose.20. ..... :a) (i) has failed to pay the rent of such land for any year, or(ii) if an application for the determination of reasonable rent is pending before the tahsildar or the assistant commissioner or the deputy commissioner under section 12 has failed to deposit with the tahsildar or the assistant commissioner or the deputy commissioner as the case may be, a sum equal to the amount of rent which he would have been liable to pay for that year if no such application had been ..... on 27-8-1974 the respondent made an application under section 48-a(1) of the lr act as amended by the karnataka land reforms (amendment) act of 1978 (karnataka act i of 1974) ('the 1974 act') before the tribunal for conferment of occupancy rights of the estate on the ground that he was a tenant which is resisted by the petitioner on diverse grounds. ..... corporation of the city of bangalore, ilr 1985 kar 3700.42. .....

K.S. Ramachander Rao Vs. State of A.P. and anr.

Court : Andhra Pradesh

Reported in : 2005(2)ALD572; 2005(1)ALD(Cri)498

..... here it is pertinent to keep in view that the act is amended by the negotiable instruments (amendment and miscellaneous provisions) act, 2002, as per which the court is empowered to try the offences under section 138 of the act summarily and sections 143 - 147 are introduced into the act.section 145 of the act reads:'(1) notwithstanding anything contained in the code of criminal procedure, 1973, (2 of 1974), the evidence of the complainant may be given by him on affidavit and may, subject to all just exceptions be read in evidence in any enquiry, trial ..... 'para-4(iv) of the statement of objects and reasons to the negotiable instruments (amendment and miscellaneous provisions) act, 2002, reads:'prescribe procedure for dispensing with preliminary evidence of the complainant. ..... napper: in re schmidts' trade-mark, (1886) 35 ch.d 162 at p.172(c), that every person who is sui juris has a right to appoint an agent for any purpose, except in cases where the act to be performed is personal in character, or is annexed to a public office, or an act involving fiduciary obligation, and since the act does not lay down that the payee or the holder in due course should 'personally' file the complaint, complaint filed by the payee or the holder in due course of a dishonoured cheque ..... financial corporation, : [2002]supp5scr666 , asstt. .....

income-tax Officer Vs. Dinesh K. Shah and ors.

Court : Chennai

Reported in : [1997]223ITR68(Mad)

..... prior to its substitution, section 276b as inserted by the finance act, 1968, with effect from april 1, 1968, and later on substituted by the taxation laws (amendment) act, 1975, with effect from october 1, 1975, and amended by the taxation laws (amendment and miscellaneous provisions) act, 1986, with effect from september 10, 1986, stood as under ;'276b. ..... --for the purposes of this section, -- (i) 'company' means any body corporate and includes a firm and other association of individuals ; and (ii) 'director' in relation to, -- (a) a company, other than a firm, means the managing director or a wholetime director ; (b) a firm means a partner in the firm.' 42. ..... the learned judge had considered the question of law as to whether a director of a company or a partner of a firm be prosecuted as a 'principal employer' falling within the fold of section 2(17) of the employees' state insurance act as it stood prior to its amendment by the central act 29 of 1989, in and by which section 86a of that act was introduced in the said act (amended with effect from october 20, 1989).41. ..... when the tax has been deducted at source, it does not lie at the risk of the revenue and unless the tax so deducted is deposited or paid, the person who has deducted, continues to be responsible. .....

Trishul Industries Vs. the State of Haryana and anr.

Court : Punjab and Haryana

Reported in : (2006)144PLR222

..... legality of the impugned executive instructions issued under article 162 of the constitution of india dealing with the matters which were covered under the provisions of the newspaper employees (conditions of service and miscellaneous provisions) act, 1955. ..... its legislative function by laying down broad guide-lines and standards, to lead and guide as it were, leaving it to the subordinate legislating body to fill up the details by making necessary rules and to amend the rules from time to time to meet foreseen and unpredictable situation, all within the frame work of the power entrusted to it by the plenary legislating body.in the case of national insurance company limited (supra), the supreme court has observed ..... the declaration given by it in a declaration that clause (i) of rule 9 of the 'service, discipline and appeal rules, 1979' of the central inland water 'transport corporation limited is void under section 23 of the indian contract act, 1872, as being opposed to public policy and is also ultra vires article 14 of the constitution to the extent that it confers upon the corporation the right to terminate the employment of a permanent employee by giving him three months' notice in writing or ..... there was no deficiency in licence fee already deposited, and as such no further payment should have been ..... property no longer exists by reason of the deletion of clause (f) from article 19(1) of the constitution by the constitution (forty-fourth amendment) act, 1978, section 2, (w.e.f. .....

KelvIn Jute Company Limited Vs. Krishna Kumar Agarwal and ors.

Court : Kolkata

Reported in : 2006(2)CHN358

..... it was contended that there could be no liability under the employees' provident fund and miscellaneous provisions act, 1952 to transfer accounts from one trust to another trust. mr. ..... clause (fff) of section 2 defines 'exempted [establishment]' as follows: 'exempted [establishment]' means [an establishment] in respect of which an exemption has been granted under section 17 from the operation of all or any of the provisions of any scheme [or the insurance scheme, as the case may be], whether such exemption has been granted to the [establishment] as such or to any person or class of persons employed therein.36. ..... learned judge held that after the amendment the amended provisions would also be applicable in respect of the continuing default and where the infraction continues after the amendment, the amended provision is very much applicable to that part of the infraction which continues. 83. ..... thus a statutory corporation, with regulations framed by such corporation pursuant to statutory powers was considered a state, and the public duty was limited to those which were created by statute.' 51. ..... the applicable meaning of the word 'authority' given in webster's third new international dictionary is 'a public administrative agency or corporation having quasi-governmental powers and authorized to administer a revenue-producing public enterprise.56. ..... 'quasi-governmental agency' is 'a government-sponsored enterprise or corporation (sometimes called a government-controlled corporation)'. .....

West Bengal State Electrical Contractors Association and Ors. Vs. the ...

Court : Kolkata

Reported in : (2009)IIILLJ379Cal

..... the petitioners argue that whether it is under the employees' provident funds and miscellaneous provisions act, 1952 (hereinafter referred to as the pf act) or under the employees' state insurance act, 1948 (hereinafter referred to as the esi act) since the company is to be the principal employer qua the workers brought in by the contractors, the company has to take responsibility for the workers under both statutes and the overwhelming motive in setting the two impugned conditions is to shirk a duty enjoined on the company by statute. ..... employees' state insurance corporation and ors. ..... scheme 1952, employees' pensions scheme, 1995 and deposit linked insurance scheme, 1976. ..... ' the moot point of the petitioners is that it is the company which has to discharge the obligation of putting in money with the provident fund authorities and it is also the company which has to ensure compliance with the esi act in the matter of depositing the appropriate contribution under such act. ..... it is not relevant to look into such argument as the amended notice does not permit 'outsourced' pf registration codes being submitted by any contractor seeking enlistment or renewal. ..... should invariably be quoted in all the correspondences with the office.all the forms prescribed under the employees' provident fund scheme, 1952, the employees' pension scheme, 1995 and the deposit linked insurance scheme, 1976 are available in the p.f. .....

Bablu Mitra and ors. Vs. State of West Bengal and ors.

Court : Kolkata

..... the petitioner places section 16(1)(b) of the employees' provident fund and miscellaneous provisions act, 1952 and the definitions of an employee and a principal employer under such act to suggest that the state had attempted to evade its obligation under the act and fasten the same on the contractors. ..... in addition to adopting the general submission made on behalf of the lead petitioners, this petitioner says that the stipulation that a contractor had to obtain registration from the provident fund authorities and the employees' state insurance corporation is mala fide and an attempt by the state to shirk its responsibility as principal employer. ..... as to the sixth clause, the petitioners say that some bidders with less than the statutory strength of employees would not be required to be registered with the employees' provident fund authorities and others may not be liable, both on account of the number of employees and the area of operation, to be registered with the employees' state insurance corporation. ..... the order recorded the petitioner's submission that the last date for depositing the bids had been extended till july 28, 2009 and provided that if such was the case the petitioner should be permitted to participate in the process. ..... but the said principle cannot be invoked to amend, alter or vary the expressed terms of the contract between the parties. 63. ..... the appropriate amendments to the cause titles should be carried out forthwith by the department. 68. .....