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1 - 8 of 8 (3.60 seconds)Section 17 in The Sick Industrial Companies (Special Provisions) Act, 1985 [Entire Act]
The Sick Industrial Companies (Special Provisions) Act, 1985
Section 4 in The Sick Industrial Companies (Special Provisions) Act, 1985 [Entire Act]
Union Of India & Ors vs M/S. Dharamendra Textile Processors ... on 29 September, 2008
"Taking note of three-Judge Bench judgment of this Court in Union of
India and Others v. Dharmendra Textile Processors and
others (supra), which is indeed binding on us, we are of the
considered view that any default or delay in the payment of EPF
contribution by the employer under the Act is a sine qua non for
imposition of levy of damages under Section 14B of the Act 1952 and
mens rea or actus reus is not an essential element for imposing
penalty/damages for breach of civil obligations/liabilities."
Horticulture Experiment Station ... vs The Regional Provident Fund ... on 23 February, 2022
18. Before parting with, this Court intends to place its reliance upon
the reported decision of Horticulture Experiment Station Gonikoppal,
Coorg, vs. Regional Provident Fund Organization reported in (2022) 4
SCC 516 as cited from the respondent/authority wherein the Hon'ble
Supreme Court expressed the following view:-
Section 15 in The Sick Industrial Companies (Special Provisions) Act, 1985 [Entire Act]
M/S Alam Tannery Private Ltd. And Anr vs The Additional Commissioner And ... on 7 October, 2021
7. Placing reliance upon the decision of a co-ordinate bench dated
26.09.2023 as passed in WPA 976 of 2022 (M/S Alam Tannery Private
Ltd & Anr. vs. The Additional Commissioner and Regional Director
Employees State Insurance Corp. WB & Ors.) it is argued by Mr.
Majumder, that from the order under challenge it would reveal that there
was total non-application of mind on the part of the respondent no.1 in
the representation of the writ petitioner (Annexure P30 of the writ petition
at page nos. 170 to 179) which was submitted pursuant to the summons
dated 05.01.2016. Mr. Majumder thus submits before this Court that the
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instant writ petition may be allowed by passing an appropriate order of
revocation of the order dated 08.12.2016 as passed by the respondent
no.1/authority.
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