Employee's Provident Funds and Miscellaneous Provisions Scheme, 1952, Section 1(3),2A,16(1),(b) -- Infancy benefits - Claim for by Hotel set up by ITDC pursuant to its aims and objective - There is clear unity of ownership and a unity of management - Appointment letters shows that the control over the employees is exercised by ITDC which has power to transfer employees..........
Agreement to sell -- Specific performance - Relief of - Suit for specific performance filed after 1-1/4 years of death of the person who entered into agreement to sell with the allegation that deceased avoided to execute sale deed - Plaintiff did not bother to issue notice immediately when executant avoided to execute the sale deed - No documentary proof that plaintiff is..........
Hindu Law -- Joint Family Business - There is no presumption under Hindu Law that a business standing in the name of any member of the joint family is a joint family business even if that member is the manager of the joint family unless it is shown that the business in the hands of the coparcener grew up with the assistance of the joint family property or joint family..........
Employee's Provident Funds and Miscellaneous Provisions Scheme, 1952, Section 2(f) -- Employee - Personal drivers of Company's Manager being paid wages directly or indirectly by the establishment for the work carried out by them in or in connection with the establishment - Held that they are employees as defined u/s 2(f) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Components of offence under S.138 are: (1) drawing of the cheque by a person on an account maintained by him with a banker, for payment to another person from out of that account for discharge in whole/part any debt or liability, (2) presentation of the charge by the payee or the holder in due course to the bank, (3)..........
Haryana Panchayati Raj Act, 1994, Section 51(5) -- Removal of Sarpanch for failure to initiate proceedings against unauthorised occupants - Plea of Sarpanch that he sought funds for taking action in the cases but amount not released by Panchayat Samiti - Cannot be said that Sarpanch had committed any such misconduct which rendered his continuance in office undesirable or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Components of offence under Section 138 are : (i) drawing of cheque by a person on an account maintained by him with a banker for payment to another person from out of that account for discharge in whole/part any debt or liability, - (ii) presentation of cheque by the payee or the holder in due course..........
Employee's Provident Funds and Miscellaneous Provisions Scheme, 1952, Section 7A, 14 (1A), 14AC -- Offence under Employees' Provident Funds and Miscellaneous Provisions Act - Sanction for prosecution - Not bearing seal of office - Not a ground to reject sanction when its authenticity and competence of authority which issued is duly established - Non examination of..........
Criminal Procedure Code, 1973, Section 468, 472, Employee's Provident Funds and Miscellaneous Provisions Scheme, 1952, Section 14AC -- Provident Fund - Non payment of contribution - Prosecution - Limitation - Non payment of contributions being continuing offence i.e. offence giving rise to fresh offence de die in diem, so long as omission made penal by statute is not..........
Employee's Provident Funds and Miscellaneous Provisions Scheme, 1952, Section 14AC, Criminal Procedure Code, 1973, Section 200 -- Provident Fund - Non payment of contribution - Complaint presented by Enforcement Officer - As Enforcement Officer is authorised to deal with such matters, complaint filed by him is competent...........
