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CPA – Subsequent purchaser  – Builder – Non delivery of flat – Is a consumer

Employees Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952) Section 11(2) – Povident Fund Commissioner who would have first charge

Environment law – Principles enunciated  –  Brick kiln. PLRonline 432610

Environment – It is the duty of the Government as also the Court to protect and preserve the environment

Rent Act – Mesne profits –  After passing of decree of eviction landlord is entitled for mesne profits or compensation – Basis of determination of the amount of mesne profit

Angoori Devi v. Smt. Satya Bhama, 2016 PLRonline 0104

Vardhman Holdings Ltd. v. Ranbir Singh, 2014 PLRonline 0203

Rent Act – Mesne profits – Pendency of the appeal Tenant is liable to pay mesne profit or compensation for use and occupation

Rent Act – Mesne Profits – Once a decree for possession has been passed and execution is delayed it is necessary for the Appellate Court to fix reasonable mesne profits

Tenancy – Bona fide need – Leave to defend – Not granted – Delhi Rent Control Act, S. 14(1)(e). PLRonline 313402 (Del.)

CPC S. 10 – Rent Act – Rent is not required to go into the serious question of title – S. 10 is not applicable.

CPC S. 10 – Is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other nature instituted under any other statute – Not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC.

National Institute of Mental Health & Neuro Sciences v. C. Parameshwara, 2014 PLRonline 0202

CPC S. 151 – Cannot be exercised so as to nullify the provisions of the Code

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CPA – Subsequent purchaser  – Builder – Non delivery of flat – Is a consumer

Section 31 B of the RDB Act being a substantive provision giving priority to the "secured creditors", the same will be applicable irrespective of the procedure through which the recovery is sought to be made (Gujarat Value Added Tax 2003)

“Whether the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 prevails over the Sick Industrial Companies (Special Provisions) Act, 1985 - Sick Industrial Companies (Special Provisions) Act, 1985 (SICA)

Home Banking

Employees Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952) Section 11(2) – Povident Fund Commissioner who would have first charge

by PLRonline
in Banking, Sarfaesi
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In that case, the issue was whether the Bank would have first charge over the assets of a company to which it had issued a loan, or whether it would be the Provident Fund Commissioner who would have first charge over such assets, to pay off the dues of the company to its employees, under the Act of 1952.

After considering the law on the subject, including the judgments in Maharashtra State Co-operative Bank (supra), and another judgment also involving the same bank (Maharashtra State Co-operative Bank v. Kannad Sahakari Sakhar Karkhana Limited and others (2014) 14 SCC 456), it was held that the first charge created under the Act of 1952 would prevail over the sarfaesi Act, 2002.

  • Maharashtra State Co-operative Bank v. Kannad Sahakari Sakhar Karkhana Limited(2014) 14 SCC 456
  • Indian Overseas Bank v. Employees Provident Fund Organization(Sessions Civil Application no. 4879 of 2017), decided on 10.04.2017 (Gujarat High Court )
  • Employees Provident Fund Commissioner v. O.L. of Esskay Pharmaceuticals Limited(2011) 10 SCC 727
  • Union of India and others v. SICOM Ltd. (2009) 2 SCC 121
Tags: Employees Provident Fund and Miscellaneous Provisions ActEmployees Provident Fund and Miscellaneous Provisions Act S. 11(2)Sarfaesi and Tax ActSarfaesi S. 26-E

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