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Vikram Poddar Vs. Regional Provident Fund Commissioner and ors.

Court : Kolkata

Reported in : (2001)IILLJ518Cal

..... section 8-g of the employees' provident funds and miscellaneous provisions act, the provisions of the second and third schedules in the income-tax act, 1961 and the income tax (certificate proceeding) rules, 1962, as in force from time to time, shall apply with necessary modifications as if the said provisions and the rules referred to the arrears of the amount mentioned in section 8 of this act instead of to the income tax.8. ..... behalf of the petitioner has, firstly, contended that the entire recovery proceeding was illegal inasmuch as the same was not preceded by any valid order under section 7-a of the employees' provident funds and miscellaneous provisions act, 1952, nor was any notice served upon the petitioner prior to the passing of such order.3. ..... entitled to recover the dues from the petitioner through any other mode prescribed under law, but he cannot be arrested for recovery of the sum unless the recovery officer complied with the provisions contained in rule 73 mentioned above.10. ..... produced before this court, it appears that already an order under section 7-a of the act has been passed and the company was represented by its authorised agent.4. ..... in my view, for the purpose of passing necessary order under section 7-a of the act, no notice need be served upon each and every director individually when the employer has ..... find that warrant of arrest cannot be issued unless the formalities required under rule 73 of the second schedule to the income tax act, 1961 are complied with. .....

A.Shakila Bai ... Vs. the Chief Revenue Controlling Authority Cum - In ...

Court : Chennai

..... inspector general of registration, 2005 (1) ctc 733, dealing with a similar situation had held that since the provisions of the limitation act is not excluded in matters relating to filing of an appeal, section 5 of the limitation act gets attracted. ..... consequently, connected miscellaneous petitions are closed. ..... aggrieved by the same, the petitioner preferred an appeal on 30.10.2009 under section 47-a(5) of the indian stamp act. .....

Sonu Infotech, and ors. Vs. Chief Administrative Officer, National Rur ...

Court : Karnataka

..... a direction is sought to the 1st respondent to fix the salary structure of the personnel whose services are provided by the tenderers by strictly following the provisions of the employees' provident funds and miscellaneous provisions act, 1952 (for short, hereinafter referred to as 'epf act').2. ..... however, the salary structure proposed in the circular based on the deductions to be made towards the employers and employees contribution taking note of the take-home remuneration is contrary to the provisions of the epf act inasmuch as per section 6 of the epf act, the contribution which shall be paid by the employer shall be on the basis of the basic wages, clearness allowance and retaining allowance, if any, for the rime being payable to each of the ..... conjoint, reading of the definition of the term 'basic wages' and the requirement, specified regarding contribution of the employer to the fund as spelt out in section 6 of the act would make it clear that the contribution has to be on the basic wages plus da and not on the basis of the rake-home salary. ..... according to the petitioner s, another condition in the impugned circular annexure-h states that the tender conditions have to be in conformity with the provisions of the epf act and employees' state insurance act. ..... are running an agency which supplies staff such as programme manager, system analyst, it consultant, it consulting assistant, data providing technical assistant, etc, to the government organisation in the state of karnataka. .....

Ms.Amirthaalaksshmi Spinning Mills Private Limited, Vs. the Secretary ...

Court : Chennai

..... the question as to whether the demand could be made for a period beyond four years prior to the date of demand and as to whether at the time of demand, the provisions of section 2(12) read with section 3 relating to the net charge had been duly taken into consideration or not, are all matters not to be adjudicated at this point of time, for the simple reason that the impugned ..... consequently, connected miscellaneous petition is closed. ..... mr.s.k.rameshwar, learned counsel for the respondents 2 and 3 states that the issue directly covers the issue in the present writ petition.5. ..... , calling for the records of the third respondent's letter bearing lr.no.a/cs.br/ht/a2/f.ht sc no.111/d.582-1/2012, dated 16.03.2012 issued for the petitioner, quash the same as being violative of the tamil nadu tax on sale or consumption of electricity act, 2003 and also unconstitutional. 2. ..... , calling for the records of the third respondent's letter bearing lr.no.a/cs.br/ht/a2/f.ht sc no.111/d.582-1/2012, dated 16.03.2012 issued for the petitioner, quash the same as being violative of the tamil nadu tax on sale or consumption of electricity act, 2003 and also unconstitutional.o r d e r1. .....

The General Manager, Vs. M.E.Kaja Jainullapaudee

Court : Chennai

..... a mere running of the eye over the order of the labour court would clearly demonstrate and display that the labour court, strictly in accordance with the objectives of the provisions of the industrial disputes act and the industrial jurisprudence, correctly observed that the labour court is enjoined to proceed with the i.d. ..... the learned counsel for the revision petitioner would echo the cri de coeur and heart burns of his client - the general manager, state express transport corporation, to the effect that i.d.no.43 of 2005 pending in the labour court, tirunelveli, has become infructuous for various reasons as set out by him in his separate i.a.no.79 of 2012, but the labour court in its impugned ..... consequently, the connected miscellaneous petition is dismissed. ..... if that civil revision petition filed under article 227 of the constitution of india is entertained, those provisions of the labour court would be set at naught.5. ..... (md)no.1 of 2013 the general manager, state express transport corporation, chennai ... .....

M/S Financial Times Limited Vs. M/S Times Publishing House Limited

Court : Intellectual Property Appellate Board IPAB

..... the respondent/applicant herein filed their counter-statement denying the various allegations made in the miscellaneous petitioned filed by the petitioner/respondent for stay of the proceedings and stated that the miscellaneous petition is an abuse of process of law, misconceived, vexatious and untenable. ..... 23545/05 on 13/09/2010 by the hobble high court of delhi, the miscellaneous petition has become infructuous and hence is accordingly dismissed. ..... meanwhile on 13/09/2010, the writ petition no.23545/05 pending before the high court of delhi, the subject matter of the miscellaneous petition has been heard and disposed of. 7. ..... the brief facts of the case are:- the respondent herein received a suo moto show cause notice on 09.09.05 from the registrar of trade marks under section 57(4) of the act to cancel the registration granted under no..587870 on the ground that the registration is in contravention of the provisions of the act. ..... the applicant herein filed the rectification application for cancellation of the trade mark financial times registered under no.587870 in class 16 on various grounds under the provisions of the trade marks act, 1999 (hereinafter referred to as the act). 2. ..... the present miscellaneous petition is only made at this belated stage with malafide intention to impede the progress of the main rectification proceedings. 6. .....

Times Publishing House Ltd., Vs. the Financial Times Limited and Anoth ...

Court : Intellectual Property Appellate Board IPAB

..... at the outset they stated that the miscellaneous petition is misconceived, untenable and liable to be dismissed as has been filed without any basis ..... counsel reiterated what was stated in the miscellaneous petition. 6. ..... learned counsel for the petitioner /respondent relied on section 92 of the act and submitted that this appellate board has the same powers of a civil court for requisitioning of public record and so the prayer in the miscellaneous petition ought to be allowed. ..... the instant rectification application has been filed for rectification of the trade mark financial times registered under no.468937 in class 16 under the provisions of the trade marks act, 1999 (hereinafter referred to as the act). 2. ..... the counsel therefore submitted that the miscellaneous petition ought to be dismissed. ..... it is, therefore, prayed that this board may be pleased to requisition the records of the reserve bank of india pertaining to subscription of the newspaper and other relevant documents. 3. ..... the reserve bank of india has been subscribing to its newspaper at least since 1960s and that they wish to rely on the said fact in support of their case ..... view of the above, we are of the opinion that it is not for this board to summon the records from the reserve bank of india. ..... pertaining to the subscription of newspaper by the reserve bank of india. ..... the appellate board vested with the powers of the civil court is empowered to requisition the records of the reserve bank of india. ..... the central bank (of india) .....

Pullambath Hameed Vs. Naranath Chalil Mahamood and Another

Court : Intellectual Property Appellate Board IPAB

..... government manu/sc/0308/1980 whether the tribunal has any power to do an act when it is not so provided so by the statute in the act or the rules- it is true that there is no express provision in the act or the rules framed thereunder giving the tribunal jurisdiction to do so. ..... petitioner herein being unable to serve the respondent no.1 in the review petition has moved this instant miscellaneous petition seeking direction of this appellate board to effect service by publication. 2. ..... usha, technical member: this miscellaneous petition no.184/2008 is filed by the review petitioner to effect substituted service on the respondent no.1 by way of publication in ..... in such circumstances the miscellaneous petitions also does not lie and therefore ..... as per the provisions of sub-clause (c) of section 127 of the act, the registrar of trade marks is conferred with the powers of review and therefore the registrar may on an application review his own orders ..... before deciding the miscellaneous petition for substituted service, we shall deal with the maintainability of the ..... petitioner herein had filed two rectification applications in ora/101and102/2007/tm/ch praying that the impugned trade mark be removed/cancelled from the register of trade marks under the provisions of the trade marks act, 1999 (in short the act). ..... is worth quoting the observation of the supreme court in the case of grindlays bank vs. ..... the act or the rules does not confer any power on this appellate board to review its own decision .....

New India Assurance Company Limited, Through its Branch Manager, Tirun ...

Court : Chennai Madurai

..... course of this employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen s compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee - (a) engaged in driving the vehicle, or (b) if it is a public service vehicle, engaged as a conductor of the vehicle or in examining tickets on the vehicle, or (c) if it is a goods ..... under the provisions of this chapter or the rules made thereunder is not followed by a policy of insurance within the prescribed time, the insurer shall, within seven days of the expiry of the period of the validity of the cover note, notify the fact to the registering authority in whose records the vehicle to which the cover note relates has been registered or to such other authority as the state government may prescribe ..... to any property of a third party, a limit of rupees six thousand : provided that any policy of insurance issued with any limited liability and in force, immediately before the commencement of this act, shall continue to be effective for a period of four months after such commencement or till the date of expiry of such policy whichever is earlier. ..... these civil miscellaneous appeals are ..... in both the appeals contended that the policy taken by the owner of the car is act only policy and will not cover the other persons, who are travelling in the car. .....

Collector of Customs Vs. Smt. Tejbir Kaur and anr.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1987)(31)ELT119TriDel

..... kaur wherein they were asked to explain the licit import of the goods under seizure and were also asked to show cause why the goods should not be confiscated under section 111(0) of the customs act, 1962, since they had contravened the conditions prescribed under the baggage (conditions of exemption) rules, 1975. ..... we do note that panchnama dated 15-6-80 (prepared at the time of search at b-11 greater kailash enclave) does mention that "as a result of search miscellaneous trade goods of foreign origin which were displayed in the said premises for sale...". ..... a show cause notice under section 131(3) of the customs act, 1962 was issued by the secretary to the govt. ..... a search was undertaken and household and miscellaneous goods like airconditioners, refrigerators, cooking range, etc. ..... the comparison of the values between those given in the baggage rules and in the annexure a shows that no attempt has been made to establish that the provisions of notification 84 of 75 have been contravened by the respondents.9. ..... the collector held that in so doing they contravened the provisions of the baggage (conditions of exemption) rules, 1975 and that v the goods were liable to confiscation under section 111(0) of the customs act. ..... 5,625/- on each of the respondents under section 112 of the customs act.4. .....