...Rehman after his death and prayed for attachment of the gratuity payable to the said workman. The Court made an order and called upon the Board to withhold payment of the amount whereupon the Board pointed...out to the Court that gratuity was not liable to attachment. On receipt of such intimation, the Court made an order requiring the Board to show cause as to why it may not be proceeded against for...moved the High Court at Calcutta and contended that the gratuity payable to the workman was not liable to attachment. A Division Bench of the High Court examined the tenability of the contention and...
...order, dated 12 April 1993, passed by the learned VI Additional City Civil Judge, Bangalore in Ex. C. 10038/92 ordering attachment of the gratuity amount due to the judgment-debtor. The learned City...allowed to pensioners of the Government or of a local authority or of any other employer shall not be liable for attachment. This apart, S. 13 of the Payment of Gratuity Act, 1972..., clearly says that the gratuity payable under this Act to an employee in any factory, mine, etc., shall not be liable for attachment (revision petitioner-judgment-debtor working in H.A.L factory...
...order dated 12-4-1993 passed by the learned VI Additional City Civil Judge, Bangalore in Ex. C. 10038/92 ordering attachment of the gratuity amount due to the judgment-debtor. The learned City Civil..., Section 13 of the Payment of Gratuity Act, 1972 clearly says that the gratuity payable under this Act to an employee in any factory, mine etc., sha...(revision petitioner-judgment-debtor working in H.A.L factory) in execution of any decree. For these reasons, the order of the learned City Civil Judge, ordering attachment of gratuity, is set aside.4. Revision petiti...
...that the gratuity amount due to her deceased husband is not liable for attachment and that the decree holder is not liable for the relief prayed for in the petition. The lower Court passed the...Holder, however, is that even though such gratuity amount is not liable for attachment during the life time of the employee, such amount is liable for attachment after the death of the employee...have got a claim to get the amount which was earned by the deceased as gratuity and that, therefore, such amount though not liable for attachment during the life time of the employee can be attached...
...S. 80 of the Kerala Revalue Recovery Act Therefore gratuity cannot be withheld based on such attachment order.5. What S. 80 of the Kerala Revenue...attachment is not the salary but the gratuity payable to the petitioner. Of course, as per clause (g) of the proviso to S. 60 CPC “stipends and gratuities allowed to pensioners of the Government” shall not...Revenue Recovery Act. Consequently the gratuity is not exempt from attachment under the...
...that gratuity payable to Md. Safiur Rehman was liable to attachment. In view of the authoritative pronouncement of the Supreme Court, even the gratuity payable to the legal representatives of the...Sake Gurumurthy (died) per L.Rs. v. Duggasani Kullai Reddy and another (1) 2012 (4) ALT 167 : 2012 (4) ALD 115 in holding that the gratuity payable to the legal ...the deceased employee is liable for attachment. 2. The basis for the argument of the learned counsel for the petitioner is, decision reported in...
...5 C. P. C. seeking attachment before judgment of the amounts due by way of gratuity, family benefit fund and group insurance amount to the deceased P. Amrutha Rao from the Principal of the...filed for attachment before judgment contending that such amounts like gratuity, family benefit fund and group Insurance amounts cannot be attached in view of the relevant provisions of Sec. 60 C. P. C...consideration is whether the amounts found due to the respondent representing Gratuity, Family Benefit Fund and Group Insurance amounts are not liable for attachment in view of the provisions of Sec. 60...
...earlier order of attachment of gratuity and provident fund amount of one Dhiraj Kumar Bose (since deceased) payable to his heirs.2. The factual matrix of the case lies in a narrow compass...dues of the creditors would be satisfied by attachment of salary, Provident Fund, gratuity and bonus payable to him. The said order was sent to Garnishee employer to remit the amount standing to the..., gratuity, arrears of salary and other dues payable to the insolvent to the court. Before that, on 16.3.1984, a letter was sent by the Reserve Bank of India objecting to the attachment of gratuity...
...Payment of Gratuity Act, 1972, for attachment of the gratuity amount by any civil, revenue or criminal Court. Learned counsel accordingly, s...for the petitioner that there is complete bar for attachment of the gratuity amount under Section 13 of the Payment of...payment of 1/3 rd of the gratuity amount of the petitioner, who was going to retire shortly, during the pendency of the said case. 3. The I.A. No.1562 of 2009 has been filed by the...
...of us for the decision of a Division Bench.3. The contention raised by the petitioner before us is that even though the gratuity amount is an amount exempted from attachment under...the hands of the Department. It is difficult to say that at the time when the attachment was sought the amount of gratuity is held by the Department in trust for the judgment-debtor, because now the...was considered in the above case. The court said that “the question, however, is whether the gratuity which is payable to the family after the death is attachable or not. The attachment was not in...
...Order 21, Rule 52 of C.P.C, for attachment of an amount of Rs. 1,45,000/- lying in the credit of the suit in O.S No. 104/2001. The said amount represent the gratuity, G.P.F...amount of Rs. 1,45,000/- represent the gratuity, G.P.F, L.I.C and other compulsory deposits of late Venkateshwarlu and they are exempted from attachment under Section 60(1) of...gratuity payable to an employee employed in any establishment, factory, mine, oilfield, plantation port, railway company or shop exempted under Section 5 shall be liable to attachment in execution of any...
...issued by Honourable VII Senior Civil Judge referred to. The applicant further contends that there can be no attachment of gratuity as per Section 60 CPC and also as per the observation of the...was held that Gratuity would not be liable for attachment for satisfaction of a court decree in view of proviso (g) to Section 60(1) of the Civil Procedure Code.... 3 O21/705/2017 7. The dispute is about withholding gratuity. Section 60(1)(g) of CPC clearly prohibits any attachment of gratuity...
...Board v. Sandhya Mitra 1985 I CLR 229 in which the question that arose for consideration is whether the gratuity amount due to an employee is liable for attachment. After...Section 13 of the Payment of Gratuity Act gives total immunity to gratuity from attachment. In the case concerned in that...above cited decision of the Supreme Court that even in a case where the attachment of the gratuity amount is sought in the execution proceedings launched against the legal representatives of the deceased...
...Procedure seeking to raise the attachment passed in I.A No. 443 of 2001. The basis for the above said application as per the case of the respondents 1 to 3.defendants is that the gratuity amount attached...before Judgment in I.A No. 443 of 2001 is the amount due and payable to the deceased borrower i.e, Dharmalingam and inasmuch as the gratuity amount is exempted from attachment as per...the footing that inasmuch as the gratuity amount is exempted from attachment as per the proviso to Section 60 C.P.C, and inasmuch as there is no question of estoppel as...
..., CPC, Section 13 of Payment of Gratuity Act, Section 11 of Pensions Act and Sections 3 and 4 of the Provident Funds Act which exempt these amounts from attachment.5. Per...attachment, since the property that was once held by the Department, became a debt to be paid to the legal representatives of the deceased and ceased to have the character of gratuity. Since it is only..., the Supreme Court, in a case very similar to the case on hand held that the gratuity payable to a dock worker under a scheme, is not liable to attachment. In that case, one Md. Safiur Rehman was the...
...offence involving moral turpitude, provided that such offence is committed by him in the course of his employment”.Section 13 protects gratuity from attachment and the said protection, in...recover from the gratuity; leave salary paid and salary in lieu of notice prescribed for resignation. On facts, suffice it to say that, the 1 respondent applied for long leave for the period...the gratuity payable.4. The 1 respondent then approached the statutory authority, being the controlling authority under the Payment of Gratuity Act, 1972 (for brevity “Gratuity Act...
.... Pending the EP, respondent No. 1.decree holder filed EA No. 217 of 2010 for attachment of the EP amount of Rs. 1,34,000/- from out of Rs. 5 lakhs receivable by the petitioner towards the gratuity..., 1908, whereunder gratuity is exempted from attachment.6. The learned Counsel for respondent No. 1 placed reliance on a Division Bench judgment of the Kerala High Court in...the time when the attachment was sought the amount of gratuity is held by the department in trust for the judgment-debtor, because now the judgment-debtor is dead and no one can have property in trust...
...Payment of Gratuity Act, 1972 (the Act), is exempt from attachment in view of Section 13 of the Act, and in view of the ratio in...attachment of the retrial benefits, by placing strong reliance on N. Venugopala Rao v. L.I.C. of India and Md. Sabeer Ali v. Vandana Chit Funds . 3. The contention of...the learned Counsel for the 1st respondent is that since the retrial benefits to be received by the 1st respondent are his pension and gratuity, and since gratuity which is governed by the...
...gratuity cannot be withheld/for feited. The further case of the petitioner is that Section 13 of the Gratuity Act prohibits attachment of the gratuity under any orders of...attracted in the case of the petitioner. There is an another aspect of the matter that under Section 13 of the Gratuity Act attachment of gratuity in any manner either...Shailesh Kumar Sinha, J.:— The petitioners are aggrieved for being withholding the payment of gratuity on their superannuation in the year 2008 from the service of the Bank till conclusion...
...of pension and gratuity. 5. The executing court allowed the Bank's application and ordered attachment of the appellant's fixed deposit receipts, hereinafter referred to as “FDRs”. The...execution of the decree. For the purpose of executing the decree Respondent 1 Bank initiated execution proceedings and though warrants for attachment of the Matador were issued, the same were not...executed by the Bank on the ground that the vehicle was not traceable and instead the Bank sought attachment of the appellant's fixed deposits with the said Bank made with the amounts received by him by way...
No comments:
Post a Comment