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Oct 01 2004

U.P. State Electricity Board Vs. Shri Shiv Mohan Singh and anr.

Court : Supreme Court of India

Decided on : Oct-01-2004

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections 2, 2(9), 3, 5, 4(1), 4(4), 4(5), 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 26(1), 26(2), 29, 30, 31 and 37; Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2(I) and 4K; Industrial Disputes Act, 1947 - Sections 6(N) and 25(F); Indian Boilers Act, 1923; Apprenticeship Rules, 1992 - Rules 6, 7, 8, 11, 12, 13 and 14; Army Act, 1950; Air Force Act, 1950; Navy (Discipline) Act, 1934; Contract Labour (Regulation and Abolition) Act, 1970; Apprenticeship Rules, 1962 - Rules 4B and 6; Contract Act - Sections 23

Reported in : AIR2004SC5009; JT2004(8)SC272; 2004(3)KLT686(SC); (2005)ILLJ117SC; 2004(8)SCALE475; (2004)8SCC402; (2005)1UPLBEC175

Act, 1961 vis a vis the U.P. Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 and the Indian Boilers Act, 1923. 3. The Apprentices Act, 1961 was promulgated primarily for the purpose of recruiting the apprentices. The idea behind … required to take part in any output bonus or other incentive scheme.' 24. Section 14 deals with Health, safety and welfare of apprentices. 25. Section … intended to give effect to these objectives.' Now we shall examine the necessary provisions of the Act. 5. Section 2 deals with the definition. Section 2(aa) defines 'apprentice' which means a person who is undergoing apprenticeship training

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Sep 23 2014

Mahesh a C Vs. The State of Karnataka

Court : Karnataka

Decided on : Sep-23-2014

Subject : Land Acquisition

the M.V.Act, 1988 cannot be accepted.-.106- 20. We may also state that sub-sec.(4A) of Section 5 of the Boilers Act, 1923 is similar to sub-sec.(4) of S.213 of the M.V.Act, 1988, whose subject matter of legislation is also relatable … 21131-21146/2011,16948-16995/2010, 8215/2010, C/W87152010 & 8906/2010, 10106/2010 & 12726- 12763/2010, 17294-17327/2010, 17481/2010 & 17485-17490/2010 & 17723-17727/2010, 19401/2011 & 21520-21530/2011, 24525/2010, 41905-41908/2010 & 6747-6758/2011, 908-911/2011, 103593/2014 & 103620- 103657/2014 (S-KAT) IN WP Nos.6842-6880/2010 (S-KAT) BETWEEN:1. MAHESH A C S/O

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Sep 23 2014

A.C. Mahesh and Others Vs. The State of Karnataka and Others

Court : Karnataka

Decided on : Sep-23-2014

Subject : Land Acquisition

the M.V.Act, 1988 cannot be accepted. 20. We may also state that sub-sec.(4A) of Section 5 of the Boilers Act, 1923 is similar to sub-sec.(4) of S.213 of the M.V.Act, 1988, whose subject matter of legislation is also relatable … the Karnataka General Services (Motor Vehicles Branch)(Recruitment) Rules, 1976 as amended by Government of Karnataka by notification dtd. 24th November 2005 in exercise of the power under sub-sec.(1) of S.3 r/w S.8 of the Karnataka State Civil

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Dec 06 1993

Collector of Central Excise Vs. thermax (P) Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Dec-06-1993

Subject : Excise

Reported in : (1994)(70)ELT247TriDel

related equipment. The boilers had to be manufactured and installed keeping in view the safety aspect. The Indian Boilers Act, 1923 provides mainly for the safety of life and property of persons from the dangers of explosion, prevention of … others. The value of this liability was limited to Rs 1 Crore." 24. Before coming to the main issue of design and engineering charges, and … such a plant were includible in the assessable value.6. The assessee had filed memorandum of Cross Objections under Section 35B of the Central Excises and Salt Act, 1944 (hereinafter referred to as the 'Act'), praying as under:-

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Sep 04 1991

Tamil Nadu Newsprint and Papers Vs. Collector of Central Excise and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Sep-04-1991

Subject : Land Acquisition

Reported in : (1991)(37)LC604Tri(Delhi)

conceived, executed and formalised by an agreement; that even for the purpose of Section 2(f) of the Indian Boilers Act, 1923, the owner is not only the actual owner but any other person using the boiler which was hired … our purposes are as underAppeal Date of Show Period Amount of duty Date of orderNo. Cause Notice covered(a) 2464/86 02.02.1985 12.12.1984 Rs. 22,62,373.70 24.12.1985Deccan 15.04.1985 to(b) 2542/87 18.12.1985 28.11.1984 Rs. 13,11,346.42 29.10.1986Salem to(c) 2543/87 13.06.1985 08.04.1985 Rs.

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Dec 14 2004

Divisional Manager, Oriental Insurance Co. Ltd., Dmc and anr. Vs. Dwar ...

Court : Andhra Pradesh

Decided on : Dec-14-2004

Subject : LimitationInsurance

Acts : Indian Contract Act, 1872 - Sections 28; ;Motor Vehicles Act, 1939 - Sections 1, 2, 92A and 95; ;Workmen's Compensation Act, 1923; ;Arbitration Act, 1940; ;Limitation Act, 1963 - Sections 14; ;Tamil Nadu Shops and Establishments Act - Sections 41(2)

Reported in : 2005(4)ALD86; 2005(4)ALT524

electrical breakdowns, failures or breakages nor for damage caused by overloading or strain or by explosion of the boiler of the Motor Vehicle nor for loss of or damage to accessories by burglary, house-breaking or theft unless … thorough enquiry in a Civil Court. The plaintiff is entitled to claim the amount of Rs. 1,30,000-00 towards actual loss sustained by her in getting the vehicle roadworthy. However, the plaintiff is restricted her claim to Rs. … Vehicles Act, 1939 in relation to liability under the Workmen's Compensation Act, 1923.(d) The Company shall not be liable in respect of damage to property … of the policy?2. Whether or not such a condition is void under Section 28 of the Indian Contract Act?3. Whether on the admitted fraudulent act … second appeal questioning the judgment and decree dated 24-3-2004 in AS No. 153 of 2002 on the

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Dec 16 2004

Virender Singh Vs. Haryana Tourism Corporation Ltd., Through the Manag ...

Court : Punjab and Haryana

Decided on : Dec-16-2004

Subject : Labour and Industrial

Acts : Companies Act, 1956; Industrial Disputes Act, 1947 - Sections 2, 10 and 25F; Apprentices Act, 1961 - Sections 4(1), 4(4), 5, 7, 18, 22, 22(1), 33(2) and 33C(2); Uttar Pradesh Industrial Disputes Act, 1947; Constitution of India - Article 226

Reported in : [2005(105)FLR1159]; (2005)IILLJ856P& H; (2005)139PLR830

of Apprentices Act, 1961, vis-a-vis the U.P. Industrial Disputes Act, 1947, Industrial Disputes Act, 1947 and the Indian Boilers Act, 1923. Registration of the contract under sub-Section (4) of Section 4 of the Act of 1961 being mandatory or … this Court in C.W.P. No. 16772 of 1999 (Naresh Kumar v. State of Haryana and Anr.) decided on 24.1.2001. Annexure P-9, decided two writ petitions bearing No. 16772 of 1999 and 1453 of 2000 by a common

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Jul 07 1995

United India Insurance Company and ors. Vs. Tamuly L.N. and ors.

Court : Guwahati

Decided on : Jul-07-1995

Subject : Labour and Industrial

Acts : Workmen's Compensation Act, 1923 - Sections 3 and 4A

92-A and 95 of the Motor Vehicles Act, 1939 in relation to the liability under the Workmen's Compensation Act, 1923. Section 92-A of the Motor Vehicles Act, 1939 deals with no fault liability and is not relevant to the … of the said Act. 2. The brief facts are that on July 24, 1986 a Truck bearing No. AMZ 5876 met with an accident at … sparks or ashes from the Motor Vehicle or caused by or arising out of the explosion of the boiler of the Motor Vehicle. (g) The Company shall not be liable in respect of death or bodily injury

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Feb 04 2008

Shyam Sunder Agrawal Vs. Jawahar Prasad and ors.

Court : Chhattisgarh

Decided on : Feb-04-2008

Subject : Labour and Industrial

Reported in : [2008(118)FLR475]

Commissioner for Workmen's Compensation was justified in awarding compensation under Section 4(1)(b) & (c) of the Workmen's Compensation Act, 1923 in the absence of medical evidence to prove the nature and the extent of disablement suffered by the … under the employment of the appellant/employer in the Shellac factory at Sakti.(B) Jawahar Prasad climbed up to the Boiler for removing the chelli (a temporary platform created with bamboos and ropes to facilitate work at the desired … appeal filed by the employer, who is aggrieved by the award dated 24.11.2006 passed by the Court of Commissioner, Workmen's Compensation, Labour Court, Bilaspur (hereinafter

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Sep 11 2013

TaskinuddIn and ors. Vs. State (Nct of Delhi) and anr.

Court : Delhi

Decided on : Sep-11-2013

Subject : Land Acquisition

injured workman as provisional compensation in accordance with section 4A r/w section 8 (i) of the Employees Compensation Act, 1923 (Act).10. The letter dated 03.03.2011 was sent by the Deputy Labour Commissioner, (South), Government of NCT to the … deceased workmen and the injured workmen were working on the fifth floor of the factory, when suddenly the boiler in the hall area of the said floor burst, resulting into a massive fire. Due to highly inflammable … it is carried on (vide 'Torts by Michael Jones, 4th Edn. p. 247). There are many activities which are so hazardous that they may constitute

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