Service -- Payment of gratuity - Gratuity Scheme of Company - If an employee is covered by provision of Payment of gratuity Act as per R.6(b) of Scheme, amount of gratuity has to be calculated in accordance with provisions of the Act and while so calculating not only basic principle available in S.4(2) of Payment of gratuity Act as to how gratuity is to be calculated must..........
Income Tax Act, 1961, Section 12AA -- Registration of Trust - Newly registered Trust is entitled for registration u/s 12-AA of the Act on basis of its objects - There is no stipulation in S.12-AA of the Act that Trust should have already been in existence and should have undertaken any activities before making application for registration...........
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 6(19) -- Trust - Specific endowment - Deed of settlement states that charity is to be carried for benefit of devotees who visit during certain Hindu Religious festivals - It creates an absolute prohibition on subsequent sale or mortgage of suit property - Devotees as a class of beneficiaries are not..........
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 3, 6(19) -- Applicability of provisions of the Act - Trust property - Specific endowment created is an absolute endowment in favour of religious charity under the Act - Provisions of the Act thus, applicable to Trust in question...........
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 34, 108 -- Public Trust - Alienation of property - Civil suit seeking permission of religious trust property is not maintainable in view of S.108 of the Act, as Commissioner is appropriate authority to approve proposed sale of land by respondent...........
Advocates Act, 1961, Section 7, Kerala Advocates Welfare Fund Act, 1980, Section 3, 9 -- Siphoning off welfare funds for almost 10 years held by Trust Committee - Whether BCI has power to order enquiry into affairs of Trust Committee constituted under Welfare Fund Act - U/s. 7 BCI has to function for welfare of advocates - As per Welfare Fund Act Trust Committee shall..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Destruction of agriculture produce stored in cold store - Liability of insurance company - Plea of exclusion clause in policy - Tripartite agreement Between bank, cold store and farmers - Goods were kept in cold store on payment of rent by farmers - Goods were neither held in trust per se nor..........
Employee's Provident Funds and Miscellaneous Provisions Act, 1952, Section 16 -- Exclusion from applicability of provisions of the Act - Members of respondent-Union and other similarly situated contractual workers were not getting benefits of contributory provident fund under PF Trust Regulations framed by Company or under any scheme or any rule framed by Central..........
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..........
Criminal Procedure Code, 1973, Section 245, Indian Penal Code, 1860, Section 420, 406 -- Discharge - Cheating and criminal breach of trust - Opening of Bank account as proprietor after dissolution of partnership deed - Not an act of cheating and criminal breach of trust - Accused rightly discharged...........
