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december 1968

Supreme Court of India · 1968-12-06

UNION OF INDIA vs RADHA KISSEN AGARWALLA & ANR.

Citation / case number
SC 1966/60393
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
RADHA KISSEN AGARWALLA & ANR.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the attachment of provident fund money under Section 3 of the Provident Funds Act, 1925 is impermissible while the funds are under the control of the Railway administration as they remain exempt from attachment until converted and transmitted. The Court clarified that the Railway administration acted as a trustee for the employee, and the Reserve Bank was merely an agent for conversion and remittance. The High Court's reliance on the Contract Act was deemed erroneous, leading to the reversal of the attachment order.

UNION OF INDIA vs RADHA KISSEN AGARWALLA & ANR. · Niyam