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1 - 10 of 15 (0.26 seconds)Section 94 in The Employees' State Insurance Act, 1948 [Entire Act]
The Employees' State Insurance Act, 1948
The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002
Section 35 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Section 41 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Assistant Commissioner (Ct) Anna Salai ... vs Indian Overseas Bank on 16 March, 2018
12.The prime contention of the first respondent is that the first respondent
dues will have priority over the other claims in view of Section 94 of the ESI
Act. The direct answer to the respondents submission can be found in the Full
Bench Judgment of this Court in the case of Assistant Commissioner (Ct),
Anna Salai-III Assessment Circle, Chennai Vs. Indian Overseas Bank and
Another reported in AIR 2017 Mad 67 (FB). The reference answered by the
Full Bench reads as follows:
Employees' State Insurance ... vs Gurdial Singh And Ors. on 6 September, 1990
15.Though several Judgments were relied on by the learned counsel for
the petitioner, I am of the view that the Judgment of the Hon'ble Supreme Court
in the case of Employees State Insurance Vs. Gurdial Singh and others
reported in 1991 Supp (1) SCC 204 clinches the issue. The Hon'ble Supreme
Court in the aforesaid Judgment held that the Directors of a private limited
company were not personally liable to pay the dues under the ESI Act as the
Directors did not fall under the Clause (i) and Section 2 of the ESI Act.
Article 226 in Constitution of India [Constitution]
Ahmedabad Municipal Corporation Of The ... vs Haji Abdulgafur Haji Hussenbhai on 18 March, 1971
16.It is also relevant to note here that the property was sold in favour of
the petitioner much prior to the attachment order and therefore any subsequent
attachment of the property would not affect the bona fide purchaser like the
petitioner, who had no knowledge either real or constructive of the attachment
order. The Hon'ble learned Judge of this Court in W.P.No.23410 of 2007 dated
08.03.2022 relying on the Judgment of the Hon'ble Supreme Court in the case
16/20
https://www.mhc.tn.gov.in/judis
W.P.No.22710 of 2023
of Ahmedabad Municipal Corporation of the City of Ahmedabad Vs. Haji
Abdulgafur Haji Hussenbhai reported in 1971 (1) Supreme Court Cases 757
held that there is inherent duty on the tax authorities to inform the Registering
Officers of the statutory charge created and that the bonafide purchasers of the
subject property cannot be attributed with constructive knowledge of the
statutory arrears of their vendor. Therefore, it is clear from the Judgment that
even constructive knowledge of the attachment cannot be attributed to the
bonafide purchasers of the property who purchased the same without
Knowledge or notice and the same would not affect their rights over the
property.