Labour law -- Provident Fund (PF) - Members of respondent-Union and other similarly situated contractual employees are entitled to benefit of PF under PF Trust Regulations or EPF Act - Since, PF Trust regulations are in force and are applicable to all employees of Company - It would be preferable to direct that members of respondent Union and other similarly situated..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - If on account of closure of commercial activity, any particular person who is associated with such commercial venture, suffers loss, same would not amount to commit an offence by Company u/ss 420, 406 IPC - Proceedings qua directors of such company..........
Labour Laws -- Transfer order - Employee transferred after completing 20 years of his service - There is power of transfer in letter of appointment - Such transfer to place of headquarter of a company, cannot be said that act of transfer was done without lawful excuse - No inference can be drawn that an act was done from ill feeling or spite...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Enhancement of - No substance in the plea of wife that husband is getting Rs.35,000 pm from a Company he is employed and additional Rs.10,000 from agricultural land - Even, argument of wife that minimum wages of highly skilled worker in State of Rajasthan to which husband belongs in the year 2016 was 7,045..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Complainant and two accused were shareholders of one company - Complainant wanted to exist from company and offered to sell his shares to accused - MOU executed between parties - Complainant received the amounts only if he surrender share certificates with duly..........
Motor Vehicles Act, 1988, Section 149(2) -- Accident - Insurance company is entitle to take a defence that offending vehicle was driven by an unauthorized person or person who did not have valid licence - Onus would shift upon insurance company only after owner of offending vehicle pleads and proves basic facts within his knowledge that driver of offending vehicle was..........
Motor Vehicles Act, 1988, Section 14, 166 -- Accident - After expiry of learner`s license and before issuance of regular license - Liability of insurance company - Since, both the licenses cannot be treated at par for the purpose of continuity of the effect of validity of license after expiry of their validity period, therefore, continuity of effectiveness of the learner`s..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Dissolution of company during pendency of proceedings - Directors and other accused cannot escape by citing its dissolution - Only company is dissolved, not personal penal liability of accused covered u/s 141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - By operation of provisions of Insolvency and Bankruptcy Code, criminal prosecution initiated u/s 138 of the Act r/w S.141 of the Act r/w S.200 Cr.P.C cannot be terminated...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 421, Insolvency and Bankruptcy Code, 2016, Section 238 -- Dishonour of cheque - Company - Application u/s 7 of Insolvency and Bankruptcy Code, 2016 accepted - Recovery of fine - Post conviction recovery of fine/compensation from assets of corporate debtor will have to be in terms of..........
