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State Vs. B.M.N. Rao and ors.
Andhra Pradesh
Aug-18-1997
Criminal
Mines Act, 1952 - Sections 5(1), 17, 18, 28, 58 and 73; Oil Mines Regulations, 1984 - Regulations 19, 20 and 44; Criminal procedure Code, 1973 - Sections 197, 251, 255 and 482; Indian Penal Code (IPC), 1860 - Sections 21, 120-B, 204, 420, 468 and 471; Oil and Natural Gas Commission Act, 1993 - Sections 28; General Clauses Act, 1897 - Sections 3(11)
1998(4)ALD13; 1998(2)ALD(Cri)154
: The Inspector of Mines having been appointed by the Central Government purportedly under Section 5(1) of the Mines Act, 1952, filed a complaint against the respondents herein alleging that there was a blow out in the oil well … an Inspector of Mines) on 3rd April, 1993 and that the above inspections revealed the contravention of Regulation 44 of the Oil and Mines Regulations, 1984. The relevant portion of the report is extracted below--'In contravention of
Tag this Judgment! AI Brief & AskK.K. Sharan and ors. Vs. State of Jharkhand and anr.
Jharkhand
Feb-03-2005
Criminal
Mines Act, 1952 - Sections 2C, 72C(1), 73 and 75; Coal Mines Regulation, 1957 - Regulations 36(1), 42(1), 44(8), 57(3) and 112; ;Code of Criminal Procedure (CrPC) - Sections 482; Indian Penal Code (IPC) - Sections 286, 288, 304A, 337, 338 and 447
[2005(3)JCR481(Jhr)]
No. 134/96. Thereafter Director of Mines and Safety, Koderma region also investigated the matter under the provisions of Mines Act, 1952 to know the causes and circumstances which led to the accident and on final conclusion of his investigation, … ORDERH.S. Prasad, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal case against the … the petitioners being Bermo P.S. Case No. 134/96, dated 16.10.1996 under Sections 447/304-A/337/338/286/288, IPC and also the subsequent charge-sheet No. 122/98, dated 11.12.1998 under Sections
Tag this Judgment! AI Brief & AskEmployees' State Insurance Corporation Vs. Garden Cafe, Tikka, Nandyal ...
Andhra Pradesh
Aug-16-1999
Insurance
Employees State Insurance Act, 1948 - Sections 2(12); Factories Act, 1948 - Sections 2, 44 and 45; Andhra Pradesh Shops and Establishments Act, 1964; Mines Act, 1952
1999(6)ALD606; 2000(2)ALT18; [2000(86)FLR96]; (2000)ILLJ1557AP
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. Therefore, as admitted by the owner of the Cafe that they have employed … of the Cafe of the respondent-petitioner comes under the provisions of the Employees State Insurance Act. 7. Further Section 44 of the Act contemplates a duty on the owner of the Establishment to furnish returns and maintain registers
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State Vs. Ardeshir Hormusji Bhiwandiwala
Mumbai
Oct-10-1955
Labour and Industrial
Factories Act, 1948 - Sections 2, 6, 7, 17, 34, 35, 44, 51, 52, 53, 54, 59, 67, 69, 79, 92, 106 and 112; Bombay Factories Act, 1947; Bombay Factories Rules, 1950 - Rules 3 and 4; Code of Civil Procedure (CPC), 1908; Factories Act, 1911 - Sections 2 and 2(3); Factories (Amendment) Act, 1954; Mines Act, 1952; Public Health Act, 1875 - Sections 4; Workmen's Compensation Act, 1925
AIR1956Bom219; (1956)58BOMLR66; 1956CriLJ488; ILR1956Bom321; (1956)IILLJ26Bom
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'. It is thus clear that in the Factories Act of 1948 the words … think, unnecessary to go through the various other sections of the Factories Act in such a detailed manner. Section 44 contains provisions for sitting facilities for workers. Section 51 prohibits an occupier of a factory from requiring an
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 … wages are ordinarily payable to him whether in terms of the contract of employment, express or implied or otherwise)Section 44 of Act enjoins that every principal and immediate employer shall submit to the Corporation returns containing the particulars
Tag this Judgment! AI Brief & AskTata Projects Limited Vs. Employees State Insurance Corporation and an ...
Andhra Pradesh
Jul-06-2005
Service
Employees State Insurance Act, 1948 - Sections 17(4), 32(2), 39, 40, 41, 41(1), 45, 75, 76, 77 and 77(1); Andra Pradesh Shops and Establishments Act - Sections 1(5), 2(12), 44, 45A, 45B, 77, 77(1), 77(1A), 96 and 97; Mines Act, 1952
2005(5)ALD791; 2005(5)ALT502
or is ordinarily so carried on, but does not include a mine subject to the operation of the Mines Act, 1952 (Act No. 35 of 1952) or a railway running shed;)Therefore, it is clear that the petitioner establishment is … under the Act and make contributions as contemplated under Sections 38, 39 and 40 of the Act.10. Under Section 44 of the Act every employer is liable to furnish returns and maintain registers. If the establishments or factories
Tag this Judgment! AI Brief & AskBandhua 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
the Mines Act, 1952 except those contained in Sections 7, 8, 9, 44, 45 and 46 shall not apply to any mine engaged in the … 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. … 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 & AskMohan Lal Goenka and anr. Vs. the State of West Bengal
Supreme Court of India
Apr-18-1961
Labour and Industrial
Indian Mines Act, 1952 - Sections 17, 18, 18(1), 18(2), 46, 57, 58, 73 and 88; Mines Act, 1923 - Sections 24, 29 and 30; Creche Rules, 1946 - Rules 3, 3(1), 7 and 7(1); Constitution of India - Article 134(1)
AIR1961SC1543; 1961CriLJ713; [1961(3)FLR326]; (1961)IILLJ404SC; [1962]2SCR36
standards of such rooms, and the nature and extent of the supervision to be provided therein." In the Mines Act, 1952, section 58 contains the provision empowering the Central Government to make rules for all or any of the purposes … that all three-the manager, the agent and the owner-are responsible for the Observance of the Mines Creche Rules. 44 On behalf of the State it is urged that the result of such a responsibility being laid on
Tag this Judgment! AI Brief & AskTata Engineering and Locomotive Co. Ltd. Vs. Bharat Mining Corporation ...
Mumbai
Nov-20-1979
Contract
Sale of Goods Act, 1930 - Sections 4; Coal Mines (Nationalisation) Act, 1973 - Sections 3(1); Indian Contract Act, 1872 - Sections 73; Coal Mines (Taking over of Management) Ordinance, 1973; Code of Civil Procedure (CPC), 1908 - Order 8, Rule 5 and 5(2) - Order 40, Rule 1; Mines Act, 1952 - Sections 2(1)(1), 3, 4, 7, 8, 10, 11, 26 and 29; Coal Mines (Conservation, Safety and Development) Act, 1952; Coking Coal Mines (Nationalisation) Act, 1972; Sick Textile Undertakings (Nationalisation) Act, 1974
AIR1980Bom168
also referred to the definition of the word 'owner' as defined in Section 2 (1) (1) of the Mines Act, 1952, and submitted that the word 'owner' is not used as owner of the articles under the definition of
Tag this Judgment! AI Brief & AskSuvina B. Redkar Vs. Government of Goa and ors.
Mumbai
Aug-02-1991
Civil
Goa, Daman and Diu Town and Country Planning Act, 1974 - Sections 18(1) and 18(3); Constitution of India - Articles 14, 19 and 24
1991(4)BomCR695
that since it would have serious effect upon the working of the mines the legislative intent was to make the consultation with the mining Board … sufficient guidance for the exercise of power by the Government under section 3 of the Commission of Enquiries Act, 1952. In the instant case we have already shown that there is sufficient guidance for the exercise of the … such work without obtaining the permission of the Planning and Development Authority in accordance with the provisions of section 44 of the Act. Section 44 of the Act empowers the Planning and Development Authority to grant such permission
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