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The Regional Provident Fund ... vs Sree Visalam Chit Funds Ltd on 1 November, 2010 cites

Employees State Insurance Corporation ... vs Jardine Henderson Staff Association & ... on 25 July, 2006

i). that the principles stated in Employees' State Insurance Corporation and others vs. Jardine Henderson Staff Association reported in AIR 2006 SCC 2777, upon which much reliance has been made by the Writ Court, has got no application to the facts of the present case, because that was a case decided in respect of an issue under the Employees' State Insurance Act. According to the appellant, under the Employees' State Insurance Act, the employer, instead of remitting the contribution, had spent the money for providing medical facility to the employees, whereas in the case on hand, under the Employees Provident Act, the money, which was due, was not spent by the employer for any purpose and instead, he utilized the same for his own purpose, and therefore, though under the Employees' State Insurance Act, the employer is not liable to pay damages under Section 85(B) of the Act, under the Employees Provident Funds and Miscellaneous Provisions Act, the employer is liable to pay contribution towards damages. To put it otherwise, the position of the employer under the Employees State Insurance Act is totally different from the position of the employer under the Employees Provident Funds and Miscellaneous Provisions Act, and therefore, the Judgment rendered in the context of the Employees State Insurance Act cannot be imported to the Employees Provident Funds and Miscellaneous Provisions Act.
Supreme Court of India Cites 40 - Cited by 45 - A R Lakshmanan - Full Document

Organo Chemical Industries & Anr vs Union Of India & Ors on 23 July, 1979

16. The constitutionality of Section 14(B) of the Act came to be examined by the Hon'ble Supreme Court in Organo Chemicals Industries vs. Union of India reported in 1979 (4) SCC 573, wherein Section 14(B) of the Act was challenged on two grounds. One of the grounds was that the said provision does not authorize levy of any penal damages, i.e., a penalty or fine but deals with the power to recover damages. It was further contended that it is not the power to impose a penalty on the defaulting employer, though the maximum amount of damages that can be recovered has been indicated in the Section. It was further submitted that the damages must have some correlation with the loss suffered as a result of delayed payments and the authority imposing damages must apply its mind to this aspect of the matter. In other words, it was contended that unless it is shown that the beneficiary has suffered a loss, question of levying damages does not arise, since the damages contemplated under Section 14(B) of the Act cannot be construed as a penalty. The Hon'ble Supreme Court, after elaborately examining the said contention, ultimately, in Paragraph No.22, has held as follows;-
Supreme Court of India Cites 39 - Cited by 334 - V R Iyer - Full Document

Dilip N. Shroff vs Joint Commissioner Of Income Tax, ... on 18 May, 2007

In Dilip N.Shroff v. Joint Commissioner of Income Tax, Mumbai & Anr reported in 2007 (6) SCC 329, the Hon'ble Supreme Court has held as follows;- Thus, it appears that there is distinct line of authorities which clearly lays down that in considering a question of penalty, mens rea is not a relevant consideration. Even assuming that when the statute says that one is liable for penalty if one furnishes inaccurate particulars, it may or may not by itself be held to be enough if the particulars furnished are found to be inaccurate is anything more needed but the question would still be as to whether reliance placed on some valuation of an approved valuer and, therefore, the furnishing of inaccurate particulars was not deliberate, meaning thereby that an element of mens rea is needed before penalty can be imposed, would have received serious consideration in the light of a large number of decisions of this Court.
Supreme Court of India Cites 60 - Cited by 473 - S B Sinha - Full Document
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