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Report No. 82

4.4. Case law on Provident Funds Act.-

It should also be stated that section 5 of the Provident Funds Act, even at a time when it did not contain the words "become entitled to the exclusion of all other persons", but merely provided that the nominee shall "become absolutely entitled", had been construed in any rullings1-2-3-4-5 to the effect that the nominee was beneficially entitled to the amount in the Provident Fund.

1. Anina Khatoon v. Abdul Karim, AIR 1937 All 562 (Sulaiman, C.J. & Bennet, J.).

2. Ahmad Abdul Razaak v. Jamal Sing Mehdi, AIR 1935 Born 234 (nephew).

3. Keshab Lal v. lvrani Sudra, AIR 1947 Cal 176 (178, 179), paras. 8, 9, 10 (FB), dissenting from AIR 1940 Cal 395.

4. Hardial v. Janki Dass, AIR 1928 Lah 773.

5. (a) Pa Ky Lay v. Mi Lay, AIR 1919 Rang 54 (sister as nominee, defeated title of widow).

Effect of Nomination under Section 39 of the Insurance Act, 1938 Back

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