Court : Karnataka
Reported in : 1997(3)KarLJ361; (1998)ILLJ92Kant
..... in that event, they submitted that, the provisions of the employees' provident funds and miscellaneous provisions act , 1952 will not be attracted for, the appellant is not a trading and commercial establishment within the meaning of the notification issued under the relevant act making it applicable to certain establishments. ..... the notification was first issued on march 7, 1962 wherein it was stated that the central government applies the act to every trading and commercial establishment employing twenty or more persons each and engaged in purchase, sale or storage of any goods including establishments of exporters, importers, advertisers, commission agents and brokers of commodity and stock exchange but not including banks or warehouses established under any central or state act. ..... brings to our notice that the appellant has already established a fund which has been approved by the commissioner of income tax and therefore, there is no intention on the part of the appellant to defeat the objectives of the act but, on the other hand complies with the same and in fact, he says that the provisions made by them are more beneficial than what was provided under the ..... the appellant before us is engaged in the business of equipment leasing and merchant banking besides other objectives as provided inthe memorandum and articles of association. .....
Tag this Judgment!Court : Kolkata
Reported in : I(2008)BC207,(2007)3CALLT89(HC),[2008]142CompCas394(Cal),[2007(115)FLR630],(2008)IILLJ511Cal
..... the question as to whether the bar under section 22 of sica would be applicable in so far as criminal proceedings initiated by the provident fund authorities under the provisions of employees' provident funds and miscellaneous provisions act, 1952 are concerned, came up for consideration before a learned single judge of the bombay high court in the case of ralliwolf limited v. ..... (2) where the management of the sick industrial company is taken over or changed in pursuance of any scheme sanctioned under section 18, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or in the memorandum and articles of association of such company or any instrument having effect under the said act or other law-(a) it shall not be lawful for the shareholders of such company or any other person to nominate or appoint any person to be a director of the company;(b) no resolution passed ..... the hon'ble supreme court has specifically held that any other construction will be unreasonable and unfair and will lead to a state of affairs enabling the sick industrial unit to collect amounts due to the revenue and withhold it indefinitely and unreasonably. ..... as stated earlier, the division bench by an order dated 5th april, 2004, inter alia, observed that if the reference has already been withdrawn from bifr or it has been terminated, then it will have natural consequence automatically. .....
Tag this Judgment!Court : Allahabad
Reported in : (1994)IIILLJ8All
..... the legality of certain orders passed by the regional provident fund commissioner, kanpur, purporting to determine moneys stated to be due from the petitioners under section 7a of the employees' provident funds and miscellaneous provisions act, 1952. ..... , learned counsel submitted that the establishment having been validly closed in accordance with the provisions of the industrial disputes act and the rules framed thereunder and further manufacturing activities having completely stopped as from march 1975, the petitioners could not be held liable under the employees' provident funds and miscellaneous provisions act as the said act had ceased to apply to the petitioners' establishment as a consequence of the closure ..... activities apart, where the employers bring about the closure of the factory in a lawful manner as contemplated by the relevant statutes, the employees' provident funds and miscellaneous provisions act cannot apply to such an establishment after the same has been closed down for good. ..... order that an establishment may attract the application of the employees' provident funds and miscellaneous provisions act it is essential that the factory must be engaged in any manufacturing activity at ..... of the opinion that inasmuch as the petitioners were retaining the security staff consisting of 4 workmen notwithstanding the closure of the establishment its liability under the employees' provident funds and miscellaneous provisions act had not ceased with effect from 21st july 1975. .....
Tag this Judgment!Court : Delhi
Reported in : 2008(1)KLJ904
..... power to the mm to condone the delay has been conferred by amendment made vide negotial's instruments (amendment and miscellaneous provisions) act, 2002. ..... was a case in employees provident funds and miscellaneous provisions act. ..... supreme court has read these principles of natural justice into the provisions of the criminal procedure code in the case of saheb singh ..... first instance the court held that failure on the part of the employer to deposit contribution under the said act in contravention of paras 38 and 76 of the employees provident fund scheme was a continuing offence. ..... thereforee, would not make an difference whether the case originates on the lodging of the fir as a state case and it is on the basis of complaint filed by the complainant. ..... even without an appeal having been preferred by the state, it could do so only after giving a notice and an opportunity of being heard to the ..... 2 herein had filed a complaint under section 138 of the negotiable instruments act against the petitioner on the basis of dishonour of the cheque issued by ..... the state of bihar and ..... principles on which judgment is given by the supreme court in the case of state of maharashtra v. ..... the state of bihar and ..... counsel for the respondent on the other hand argues that the aforesaid judgment was rendered by the supreme court in the case where fir was lodged with the police and it was a state case. ..... support of this plea, the petitioner has relied upon judgment of the supreme court in the case of state of maharashtra v. .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(2)CHN358
..... 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 (h) of section 2 of the employees' provident fund and miscellaneous provisions act, 1952 defines 'fund' as the provident fund established under a scheme. ..... nature of the trust in question and its functioning have been discussed earlier in the context of the employees' provident fund and miscellaneous provisions act, 1952. ..... was made for issuance of writ of mandamus directing regional passport commissioner to take steps available under the employees' provident fund and miscellaneous provisions act, 1952. 11. ..... , then they must be binding not only upon the central government, they must not only be binding upon the provincial government, they must not only be binding upon the governments established in the indian states, they must also be binding upon district local boards, municipalities, even village panchayats and taluk boards, in fact, every authority which has been created by law and which has got certain power to ..... all parties and banks are to act on a xerox signed copy of the operative part of the ..... merchants co-operative bank ltd. ..... the later decisions in the case of ramana and the seven-judge bench in the case of pradeep kumar biswas may be applied to the facts of the present case to see whether those tests apply to the appellant bank or not. ..... upon the decision in the case of federal bank limited v. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2005)1SOT35(Mum.)
..... assessing officer observed that as per-cwt circular dated 6-6-1989 under the employees provident fund and miscellaneous provisions act, employees contribution to provident fund was enhanced from 8.33% to 10%. ..... as per this agreement, the state bank of india has been allowed by the assessee to use a portion of the premises as a licensee, for a period of five years, with option of five years on the terms and conditions mentioned in the said ..... the assessee-company made representation to the regional provident fund cit, stating that they did not fall under any of the said 98 industries ..... 611 crores".the aforesaid factual extract has been pointed out to state that the assessee-company was going through a low point in its business ..... the use and occupation of the premises by the licensee was stated to be restricted for the purpose of using the same on the terms and conditions mentioned in the license ..... has accrued to the assessee.our attention has further been drawn to the page 30 of the paper book which is the leave and license agreement in question entered into between the assessee and the state bank of india. ..... the state bank of india was inducted in the ..... state bank of india was introduced to the assessee by ..... in the said report, it has been stated that : "the position is unchanged except for the continued harassment being caused to the company by the purposeless litigation indulged in by an unrecognized union with negligible membership in spite of the fact that and overwhelming majority of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H116
..... similar provisions are contained in section 15 of the punjab passengers and goods taxation act, 1352, and section 14 of the punjab textiles and 'sugar (existing stocks) purchase tax and miscellaneous provisions act, 1955 ..... my attention has been invited to the general pattern of taxation laws in the punjab state which illustrates that in every case the legislature has made a specific provision in the act itself that the appeal or revision would not be entertained without a deposit of the amount assessed having been made be-forehand in the punjab general sales tax act, 1918, section 20 provides that no appeal shall be entertained unless the amount of tax assessed on the dealer has seen paid ..... it is also contended that rule 36(3) (a) cannot be said to fall under sub-section (1) of section 20 which empowers the state government to make rules generally for carrying out the provisions of the act. ..... -section (1) of section 20 empowers the state govern-ment to make rules generaily for carrying out the provisions of the act. ..... the rule is stated to go beyond the substantive provision, namely, section 12 and it is submitted that if a deposit is made of the duty beforehand which may be of a substantial amount as in the present case, then it becomes a highly onerous obligation which would defeat the object of giving a power of ..... for the period 11th may 1959 to 5th february 1960 to be paid to the state in the form of entertainment duty which according to the assessing authority, the petitioner had .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD(Cri)545; [2006(109)FLR380]; (2006)ILLJ558AP
..... 29, 30 and 38 of employees' provident funds and miscellaneous provisions act, 1952, (for short, 'the act') punishable under section 14(1-a) read with section 14a of the act for failure of the respondents 1 and 2 in paying the provident fund contribution and administrative charges for ..... the learned counsel for the revision petitioner submitted that when once a firm comes within the purview of the act, it shall continue to pay the contribution by filing periodical returns and remitting the contribution amount to the regional commissioner ..... observed that as per sub-section (1)(iii)(b) of the act, an establishment comes within the purview of the act when there are 20 or more workers working in the said ..... proprietary concern, was brought within the purview of the provisions of the act. a. ..... vijayawada, deposed that the first respondent-firm is represented by the second respondent, who is the proprietor of the first respondent-firm under the purview of the act, it was allotted code number with effect from march 1, 1992. ..... in the further cross-examination, he stated that during the lifetime of kodali arjun rao in the year 1992, the second respondent was shown as one of the workers in ..... he further stated that during his lifetime kodali arjun rao used to subscribe provident fund contribution ..... he further stated that after the death of kodali arjun rao, the firm kodali ..... he further stated that kodali arjun rao owned two buses during his lifetime and after his death, the two buses were shared by his .....
Tag this Judgment!Court : Karnataka
Reported in : I(2004)BC268; [2003]116CompCas613(Kar); ILR2003KAR3381; 2003(6)KarLJ413; (2003)IIILLJ419Kant
..... nor does the bank hold any assets of the aforesaid cashew industry as to attract the provisions of the section 11(2) of the said employees' provident funds and miscellaneous provisions act, 1952. ..... 572, balmatta, mangalore, purported to have been issued under section 8f of the employees' provident funds and miscellaneous provisions act, 1952, a demand is raised by the authorities on the bank to remit a sum of rs. ..... 2,500 also.when the matter stood thus, the first respondent herein, in the purported exercise of the power conferred under sub-section (3) of section 8f of the employees' provident funds and miscellaneous provisions act, 1952 (for short the 'act') directed the appellant to pay forthwith a sum of rs. ..... it is stated that the premia were paid by the appellant-bank and debited to the cash credit account of the third respondent. ..... shetty, s/o mynda shetty, aged about 47 years, resident of padubidri, do hereby solemnly affirm and state on oath as follows :that i am the branch manager, of vijaya bank, padubidri branch, padubidri, d. ..... 120/90.we are satisfying the award passed by the state consumer disputes redressal commission. ..... since the parties did not agree for any acceptable terms, the dispute was carried on by the third respondent to the karnataka state commission for consumer redressal under the consumer protection act. ..... 23/93 before state consumer disputes redressal commission, bangalore, a/c m/s akshaya cashew industries, padubidri claim no. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1998)IIILLJ975MP
..... (1979-1i-llj-416) in which an identical provision contained in section 14b of the employees' provident funds and miscellaneous provisions act was considered and its validity was upheld and it was contended that the present provision being in no way different, its validity should ..... identical expression occurring in section 14b of the employees' provident funds and miscellaneous provisions act, 1952 came up for construction before the supreme court in organo chemical ..... it would, thus, be seen that the parallel provision of the employees' provident funds and miscellaneous provisions act was considered and upheld on the ground that it cannot be accepted that there are no guidelines providing for fixation of the quantum of damages and that the power, of determination of damages, of the authority, was ..... construing an identical provision applies to the present case with full force and it must be held that the requirements of an order made under section 85b of the employees' state insurance act are the same.'12 ..... periods to show cause as to why the damages as stated in the notices be not levied and recovered from the ..... to quash annexures' 'e' and 'k', the orders passed respectively by the regional director of the employees' state insurance corporation, indore, and the tahsildar, rajnandgaon, as also for quashing the demand notices (annexures 'f' and 'h') towards dues under the employees' state insurance act, 1948. ..... textile undertakings, which were nationalised, were in a state of acute crisis. .....
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