(a) leave to appeal & (b) pretence of compliance of law - interpretation
V.N.K. MENON
(Querist) 28 November 2013
This query is : Resolved
A revision petition was filed before Addl. Sessions Judge against the order of ACMM dismissing complaint for breach of trust interalia u/s 405, 420 IPC .
Title of a Revision Petition is:
A --- Appellant
Vs.
Respondent-1 ----- I.O.
Respondent-2------“ P “ company
Respondent-3 ---- “Q” Chairman of R-2
Respondent-4 --- Regional P.F. Commissioner
Respondent -5 --- Central P.F.Commissioner
Earlier, ASJ had issued Notice to P & Q [i.e. R-2 & 3]. Arguments took place. “A” submitted written arguments keeping in mind the tainted course and conduct of R-2 & 3 including graft cases and several other cases against the employer R-2 & 3. Whereas Answering respondent filed written arguments only the very day of oral arguments made by both the parties. While giving verdict the ASJ has not taken crucial factors/points into consideration against R-2 & R-3 in a similar way ACMM had done for the reasons best known to him only.
I wish to apply for leave to file appeal u/s 378(4) in High Court.
QUERY- A:
(A) In such a situation is there any liberty, in the proposed application for leave, whether memo of parties can be rearranged as
1) R-2 as R-1 and so on
2) R-3
3) R-1
4) R-4
5) R-5
QUERY-B:
A P.F. Account No. consists of three parts: Area code/co. code/employee- specific no.
When complaint was lodged after 8 years with the Cent. P.F. Commissioner for prosecution and recovery of damages, the employer had made following deposits vide two challans THE SAME DAY :
(i) contributions in employee account No. X/1636/318
(ii) penalties and charges in A/c No. X/1636 only, without employee code IN PRETENCE OF COMPLIANCE OF LAW.
The question is: Isn’t a fraud ?
SHALL BE THANKFUL FOR CONSIDERED OPINION /COLLECTIVE-WISDOM OF EXPERTS, PLEASE.
V.N.K. MENON
(Querist) 29 November 2013
studied law, but did not practice for some reasons. now i am party, senior citizen, do not wish to practice in the evening of life - but circumstances and internal politics in employer organization, necessitated to go to court. As such i very much collective wisdom/guidance. delinquent should suffer punishment not to avenge injury caused but others may not suffer in future.
thanks & regards.
V.N.K. MENON
(Querist) 01 December 2013
CAN I SOLICIT LD. OPINION/ GUIDANCE OF EXPERTS, PLEASE, AS IT SEEMS ESCAPED THE ATTENTION OF L.C. EXPERTS.
TKS & RGDS.
V.N.K. MENON
(Querist) 01 December 2013
One more query is: Whether in an application seeking leave to file appeal, is it necessary to have Notice of Motion in it?
Once again tks & rgds
