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G.D. Bhattar and ors. Vs. the State
Kolkata
Mar-21-1957
CriminalLimitation
Mines Act, 1952 - Sections 17, 18, 18(1), 18(2), 39, 73, 78 and 79; ;Coal Mines Pithead Bath Rules, 1946 - Rule 3(1); ;Mines Creche Rules, 1946 - Rule 3; ;Limitation Act, 1908 - Sections 23 and 29(2); ;Constitution of India - Article 20; ;General Clauses Act, 1897 - Section 24; ;Mines Act, 1923; ;Code of Criminal Procedure (CrPC) , 1898 - Section 403
AIR1957Cal483,61CWN660
was somewhat different. That case arose out of certain prosecutions under Sections 73 and 66 of the Indian Mines Act, 1952 and there the point was raised that the rules and regulations framed under the old Act were no … Section 16 of the Indian Mines Act, 1923 which corresponded to Section 18 of the Mines Act of 1952. Section 16 of the Act of 1923 agrees word for word with Section 18 of the Act of 1952. … and to carry on mining operations without the creche is surely a continuing contravention of the same rule. Section 39. Indian Mines Act, provides for punishment for continuing contravention as well.''Then after reproducing the section in full the
Tag this Judgment! AI Brief & AskBiswanath Prasad Vs. Union of India (Uoi) and ors.
Supreme Court of India
Aug-14-1964
Commercial
Mines and Minerals (Regulation and Development) Act, 1948 - Sections 5; Coal Mines (Conservation and Safety) Act, 1952 - Sections 17; Coal Mines (Conservation and Safety) Rules, 1954 - Rule 39; Mineral Concession Rules, 1948 - Rules 37 and 48; Constitution of India - Articles 14 and 19
AIR1965SC821; 1965(0)BLJR621; [1966(12)FLR11]; [1965]1SCR49
the Union Government could not make this rule under s. 17 of the Coal Mines (Conservation and Safety) Act, 1952 (12 of 1952), and it was this illegal refusal to reopen the mines that resulted in the colliery … subject to the condition of previous publication, make rules to carry out the purposes of this Act.' 9. Section 17(2) gives various specific matters on which rules can be made but none of these covers r. 39.
Tag this Judgment! AI Brief & AskRamchand Onkarlal Agarwal Vs. Union of India (Uoi) and ors.
Mumbai
May-02-2006
Labour and Industrial
Employees' State Insurance Act, 1948 - Sections 1(4), 1(5), 2(12) and 87; Beedi Workers Welfare Fund Act, 1976; Workmen's Compensation Act, 1923 - Sections 4 and 3; Employees' Provident Fund and Misc. Provisions Act, 1952; Employees' State Insurance (Amendment) Act, 1989; Beedi and Cigar Workers (Conditions of Employment) Act, 1966 - Sections 26, 28, 37(3), 38(2), 39, 46, 49, 50, 51, 52(A), 56, 58, 59 and 61; Beedi Workers Welfare Cess Act, 1976; Maternity Benefits Act, 1961; Central Excises Act, 1944; Bidi and Cigar Workers (Regulation of Conditions of Service) Act; Mines Act, 1952; Factories Act, 1948; Industrial Disputes Act, 1947; Maharashtra Workmen Minimum House Rent Allowance Act, 1983; Employees' State Insurance Act, 1941 - Sections 61; Payment of Wages
2006(5)BomCR884; (2006)IIILLJ441Bom; 2006(4)MhLj339
or is ordinarily so carried on but does not include a mine subject to the operation of the Mines Act, 1952 or a railway running shed;seasonal factory' means a factory which is exclusively engaged in one or more of … industry.Section 28 of the BCW Act, 1966 provides for application of PW Act, 1936 to the bidi industry.Similarly Section 39 of the B.C.W. Act applies Industrial Disputes Act, 1947 to bidi industry. All these special Acts including Bidi
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Bandhua Mukti Morcha Vs. Union of India (Uoi) and ors.
Supreme Court of India
Dec-16-1983
Constitution
Constitution of India - Articles 21, 32, 32(1), 32(2), 39, 41, 42, 226 and 256; Code of Civil Procedure (CPC), 1908 - Order XXVI - Order XLVI, Rules 6, 13, 14, 19, 20, 21 and 22; Mines Act, 1952 - Sections 2 and 3(1); Inter-State Migrant Workmen Act; Inter-State Migrant Workmen Rules; Mines Rules, 1955 - Rules 30 to 32; Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 - Sections 2(1), 4, 8, 12 and 21; Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980 - Rules 22 to 45; Bonded Labour System (Abolition) Act, 1976 - Sections 2, 4, 5 and 10 to 15; Maternity Benefit Act, 1961; Evidence Act; Contract Labour Act - Sections 2(1), 16, 17, 18 and 19; Contract Labour (Regulation and Abolition) Central Rules
AIR1984SC802; 1984LabIC560; 1983(2)SCALE1151; (1984)3SCC161; [1984]2SCR67; 1984(16)LC29(SC); 1983 (3) SCC 161
employed in the stone quarries. The first statute to which we must refer in this connection is the Mines Act, 1952. This Act extends to the whole of India and therefore applies a fortiorari in the State of Haryana. … Principles of State Policy and particularly Clauses (e) and (f) of Article 39 and Articles 41 and 42 and at the least, therefore, it must … abolition of bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people. But, unfortunately, as subsequent events have shown and that is borne out also by the
Tag this Judgment! AI Brief & AskThe Continental Construction Company (incorporated Under the Indian Co ...
Andhra Pradesh
Feb-20-2008
ArbitrationContract
Andhra Pradesh Minor, Mineral Concessions Rules - Rule 5(1); Indian Arbitration Act, 1940 - Sections 16, 30 and 39; Mines Act, 1952 - Sections 2(1)(L); Contract Act - Sections 70
2008(4)ALD95; 2008(4)ALT209
contractor does not come within the meaning of 'owner' of the quarry as defined under the provisions of Mines Act, 1952 and in which case he is under no obligation to pay seigniorge fee. A further contention has been … B. Seshasayana Reddy, J.1. This Civil Miscellaneous Appeal is filed under Section 39 of the Indian Arbitration Act, 1940 questioning the order dated 5.1.20.00 passed in O.P.No.14 of 1990 on the
Tag this Judgment! AI Brief & AskM.C. Mehta Vs. State of Tamil Nadu and Others
Supreme Court of India
Dec-10-1996
Labour and Industrial
Child Labour (Prohibition and Regulation) Act, 1986 - Sections 3 and 17; Constitution of India - Articles 24, 32, 37, 39, 41, 45 and 47; Factories Act, 1948 - Sections 67; Plantation Labour Act, 1951 - Sections 24; Merchant Shipping Act, 1951 - Sections 109; Mines Act, 1952 - Sections 45; Motor Transport Workers Act, 1961 - Sections 21; Apprentices Act, 1961 - Sections 3; Child Labour (Prohibition and Regulation) Act, 1986 - Sections 1(3), 2 and 14; Employment of Children Act, 1938
1996IXAD(SC)582; AIR1997SC699; (1997)3GLR2306; (1997)IILLJ724SC; 1996(9)SCALE42; (1996)6SCC756; [1996]Supp9SCR726; 1997(1)LC243(SC)
and will be in the charge of his father of other adult near male relative.(iv) Section 45 of Mines Act, 1952:(1) No child shall be employed in any mine, nor shall any child be allowed to be present … is hazardous, giving rise to accidents including fatal cases. So, keeping in view the provisions contained in Articles 39(f) and 45 of the Constitution, it gave certain directions as to how the quality of life of children
Tag this Judgment! AI Brief & AskTransport Corporation of India Vs. Employees' State Insurance Corpn. a ...
Supreme Court of India
Nov-05-1999
Labour and Industrial
Employees State Insurance Act, 1948 - Sections 1(5), 2(9), 2(13), 2(17), 3, 15-A, 38, 39, 40, 45-A, 46, 49, 50, 51 and 97; Indian Companies Act, 1956; Mines Act, 1952
AIR2000SC238; JT1999(9)SC12; (2000)ILLJ1SC; (2000)1MLJ128(SC); 2000(2)MPHT295; 1999(7)SCALE63; (2000)1SCC332; [1999]Supp4SCR393; 2000(1)LC287(SC); (2000)1UPLBEC1
power or is ordinarily so carried on,but does not include a mine subject to the operation of the Mines Act, 1952 or a railway running shed;As noted earlier, the Act, which is a Central Act having all India operation, … the State of Maharasthra, would get entitled to be insured as per the beneficial provisions of Section 38. Section 39 deals with Contributions to be made by the employer and the employee concerned. Sub-section 1 of Section 39
Tag this Judgment! AI Brief & AskAmul Potteries Vs. Employees' State Insurance Corporation
Gujarat
Dec-21-2005
Labour and Industrial
Employees' State Insurance Act, 1948 - Sections 1(4), 2(12), 2(19A), 39(5), 75, 82, 82(2), 85 and 87; Employees' State Insurance (Amendment) Act, 1989; Mines Act, 1952; Employees' State Insurance (General) Regulations, 1950 - Regulation 31A and 31C
[2006(110)FLR585]; (2006)IIILLJ615Guj
or is ordinarily so carried on, but does not include a mine subject to the operation of the Mines Act, 1952 or a railway running shed;Likewise, by virtue of the very amendment, Section 2, Sub-section (19-A) was introduced to … is open for the E. S.I. Court not to award interest in light of provisions contained in Section 39(5) of the E.S.I. Act and the Regulation 31-A of the Employees' State Insurance (General) Regulations, 1950?(2) Whether it
Tag this Judgment! AI Brief & AskJilubhai Nanbhai Khachar, Etc. Etc. Vs. State of Gujarat and Another, ...
Supreme Court of India
Jul-20-1994
PropertyConstitution
Constitution of India - Articles 13(2), 14, 19(1), 21, 30(2), 31A, 39, 51A, 162, 246, 300A and 368; Bombay Land Revenue Code - Sections 69A(1); Saurashtra Land Reforms Act, 1951 - Sections 2(2) and 18; Saurashtra Barkhali Abolition Act, 1951 - Sections 5; Saurashtra Estates Acquisition Act, 1952 - Sections 2, 3, 4 and 7; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 9(3); Madras Panchayat Act - Sections 115; Metal Corporation (Acquisition of Undertaking) Act, 1965; Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961; Agricultural Lands (Ceiling on Holdings) Act, 1961; Sick Industries Nationalisation Act; Requisitioning and Acquisition of Immovable Property Act, 1952; Government of India Act, 1935 - Sections 299; Land Acquisition Act, 1894; Urban L
AIR1995SC142; JT1994(4)SC473; 1994(3)SCALE389; 1995Supp(1)SCC596; [1994]Supp1SCR807
to the earth or permanently anything attached to the earth. These definitions are of wide amplitude to include mines and mineral wealth beneath surface land of whatever description. Section 3(1) abolishes Girasdari or Barkhalidari tenures by a … Act, the Saurashtra Land Reforms Act, 1951; the Saurashtra Barkhali Abolition Act, 1951 and the Saurashtra Estates Acquisition Act, 1952 (for short 'the Act'). Under the respective statutes the rights and liabilities of Girasdars or Barkhalidars have been … from December 8, 1982 and is not a law made under Article 39(b) and (c) and does not get the protection under Article 31C. Even
Tag this Judgment! AI Brief & AskRegional Director, Esi Corporation Vs. G. Sivaprasad, Proprietor, M.S. ...
Kerala
Jul-15-2009
Insurance
Employees' State Insurance Act, 1948 - Sections 1(3), 1(4), 1(5), 1(6), 2, 2A, 2(9), 2(12), 2(13), 2(22), 38, 39, 40, 41, 44, 45, 45A, 45A(2), 45B, 45C to 45I, 75 to 77, 82(2) and 85; Evidence Act - Sections 101 and 102; Apprentice Act, 1961; Mines Act, 1952; Factories Act, 1948 - Sections 2; Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 - Sections 2; Employees' State Insurance (Amendment) Act, 1989; Reserve bank of India Act, 1934; Kerala Industrial Establishment Act, 1958; The Employees' State Insurance (General) Regulations, 1950 - Regulations 10B, 11, 12 and 29 to 40
(2010)ILLJ279Ker
power or is ordinarily so carried on,but does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952) or a railway running shed;The above definition shows that in the case of a premises … includes any amount payable by or on behalf of the employee in accordance with the provisions of this Act.Section 39 of the Act is the enabling provision for fixing the rate of contributions and the manner in which
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