Nominee -- Provident Fund - Death of employee - In cases of a valid nomination, amount in provident fund account of deceased depositor or subscriber is required to be released to nominee - However, nominee is a mere trustee to collect funds and not beneficial owner - Therefore, mere fact that amount is released to a valid nominee will not bar the objector or holder of..........
Provident Fund Act, 1925, Section 4(1)(b), 4(1)(c)(i), 5, General Provident Fund (Central Service) Rules, 1960, Rule 33(ii) -- General Provident Fund (GPF) - Release of funds to nominee - Nominee has primacy to receive the amounts standing in the name of a depositor upon his death - However, if amount in provident fund account exceeds more than Rs.5,000, nominee is..........
Criminal Procedure Code, 1973, Section 340 -- Proceedings u/s 340 Cr.P.C. should not be started casually - Such action can be taken only when Court finds that it is necessary in the interest of justice and that there is some clear material showing an offence which affects the administration of justice...........
Indian Penal Code, 1860, Section 302 -- Murder - Death by poisoning - Circumstantial evidence - Deceased himself made no statement as to how he fell ill or what caused his death - Post-mortem report was inconclusive, cause of death was not found and uncertainty prevailed and matter was referred to FSL where it was shown to be carbamate insecticide (Baygon) - In absence of..........
Railways Act, 1989, Section 124A -- Accident - Untoward incident - Compensation - Where an official railway inquiry or evidentiary record verifies issuance of a ticket corresponding to date and route of an untoward incident, such verification shall constitute prima facie proof of bona fide travel, shifting evidentiary burden on Railway Administration - Absence of a seizure..........
Indian Penal Code, 1860, Section 328, Criminal Procedure Code, 1973, Section 227 -- Administration of stupefying substance - Discharge - Nothing on record substantiates the claim of the prosecutrix that she had been administered any stupefying or unwholesome substance to attract the offence of S.328 IPC - Order of discharge for offence u/s 328 IPC upheld...........
Succession Act, 1925, Section 276, 278, Limitation Act, 1963, Article 137 -- Probate/Letters of administration - Limitation - Very nature of proceedings and nature of cause which is continuous would entitle appellant to get letters of administration or Probate of property on basis of Will executed by testator - Application for probate of Will cannot be treated as barred by..........
Central Goods and Services Tax Act, 2017, Section 129(3) -- Detention of vehicle - Issue is whether upon payment of tax and penalty by the appellant within the time stipulated in the notice under section 129(3), the proper officer is still mandatorily required to pass a final order under section 129(3) - Compliance with procedural requirements is essential not only for..........
Succession Act, 1925, Section 229, 230, 231 -- Will - Letters of administration - Where Executor is not a legatee special citation is required to be issued granting opportunity to accept or renounce executorship - However when executor is a successor in intestacy special citation may not be issued as upon issuance of general citation executor has an opportunity to take a..........
Succession Act, 1925, Section 229, 230, 231 -- Will - Letters of administration - Executor of Will did not take any steps to obtain probate of Will - Executor disputed validity of Will and contended that testator was not in sound mind at the time of execution of Will and was suffering from different ailments since early 1995 and had no capacity to dispose - Thus, in such..........
