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Shaukat HussaIn Guru Vs. State (Nct) Delhi and anr.
Supreme Court of India
May-14-2008
Criminal
Prevention of Terrorism Act - Sections 3, 3(2), 3(3), 3(4), 3(5) and 4; Indian Penal Code (IPC) - Sections 120B, 121 to 126, 130, 299, 300, 302 and 307; Explosive Substances Act; Code of Criminal Procedure (CrPC) - Sections 39, 39(1), 222, 222(2), 222(3) and 313; Constitution of India - Articles 12, 32, 129, 137 and 145
2008AIRSCW3688; AIR2008SC2419; 2008(7)SCALE525; (2008)6SCC776; 2008CriLJ3016
framed, he had no opportunity to raise and prove the defence available to him under Section 39(1) of the Code of Criminal Procedure. The curative petition was also dismissed by a Bench of four Judges of this Court … conviction could have been recorded under Section 123 of IPC which is of concealment of a design to wage war. It is the petitioner's respectful case that neither the charge-sheet nor the evidence revealed the ingredients of
Tag this Judgment! AI Brief & AskRajesh Kurre Vs. Safurabai and ors.
Chhattisgarh
Nov-11-2008
Criminal
2009(1)MPHT37(CG)
Section 20(1)(d) of the Act, the Court is required to award maintenance in accordance with Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Code'), but the Trial Court has not awarded maintenance in accordance … non-applicant to directly pay to the aggrieved person or to deposit with the Court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent. Relief available under Section
Tag this Judgment! AI Brief & AskBasavaraj Chenna Naik Vs. General Manager
Karnataka
Dec-07-1984
Labour and Industrial
Minimum Wages Act, 1948 - Sections 20(1) and 20(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 397
ILR1985KAR2172; 1985(2)KarLJ371
ORDERNarayana Rai Kudoor, J.1. This Criminal Revision under Section 397 of the Code of Criminal Procedure (for short 'the Code') is directed against the Judgment and order dated 17th January, 1983, … No. 16/82 dismissing the complaint filed by the petitioners and several others under Section 20(2) of the Minimum Wages Act, 1948 (for short 'the Act'). I shall refer to the parties in the course of this order
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Deputy Engineer, Zilla Parishad, Umred and ors. Vs. Shantaram Ramaji a ...
Mumbai
Feb-13-1996
ArbitrationLabour
1996(5)BomCR504; (1997)IILLJ262Bom; 1996(2)MhLj116
of third division of the schedule so also to include some applications presented to the Court governed by the Code of Civil Procedure, the fact remains that the applications must be to the Courts to be governed by … Court, Nagpur, under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short, 'the Act'), claiming difference of wages in accordance with the Kalekar Award for the period from 1968 to 1976. Some applications were filed on … 1. The group of these 49 writ petitions arise out of 49 separate
Tag this Judgment! AI Brief & AskGujar (A.R.) Vs. State of Maharashtra
Mumbai
Aug-16-1966
Labour and Industrial
Bombay Shops and Establishments Act, 1948 - Sections 2, 2(2), 2(4), 2(6), 2(24), 2(25), 2(29), 2(30), 4, 5, 5(1), 5(2), 14, 52 and 63(1); Maharashtra Shops and Establishments Rules - Rule 20; Payment of Wages Act, 1936 - Sections 2 and 2(30); Industrial Disputes Act; Bombay General Clauses Act - Sections 20; Code of Civil Procedure (CPC), 1908 - Sections 11
(1968)70BOMLR817; (1969)IILLJ509Bom
although the rule in England is inflexible and there is no proviso to it as is found in the Code of Civil Procedure, still in Bombay on the original side of the High Court, they expect the same … workers, namely, the Bombay Tailoring Association, filed an application to recover 'weekly-off' wages on 8 December, 1958 before the Authority under the Payment of Wages … under S. 5(1) of the Act and runs as follows : 'In exercise of the powers conferred by Sub-section (1) of S. 5 of the Bombay Shops and Establishments Act, 1948 (Bom. 79 of 1948), the Government of
Tag this Judgment! AI Brief & AskSambhu Nath Agarwal and Anr. Vs. Employees' State Insurance Corporatio ...
Kolkata
Jul-01-1988
Criminal
Indian Penal Code (IPC), 1860 - Sections 11, 405 and 406; ;Employees' State Insurance Act, 1948 - Section 86(1)(3)
[1989]66CompCas111(Cal),93CWN69,(1990)IILLJ100Cal
Insurance Inspector in the Employees' State Insurence Corporation, filed a complaint under Section 406 of the Indian Penal Code before the Chief Judicial Magistrate, Sealdah, against the petitioners on the allegation that the petitioners being the partners … for the month of February and March, 1988, respectively as the employees' share of contribution from the monthly wages of the employees but the same was not deposited in the Employees State Insurance Fund within the specified … showing cause as to why the impugned Criminal Case No. 8C-1048 of 1988 pending before the Additional Chief Judicial Magistrate, Sealdah, should not be quashed.
Tag this Judgment! AI Brief & AskMachhindra Pandurang Chavan Vs. State of Maharashtra and Others
Mumbai
Apr-13-1989
Labour and Industrial
Indian Penal Code (IPC) - Sections 147, 148, 149, 161, 323, 324, 341, 448, 504 and 506; Prevention of Corruption Act - Sections 5(1) and 5(2); Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 - Rule 4(1)
1989(3)BomCR501; (1989)IILLJ353Bom; 1989MhLJ505
enquiry, the Anti-Corruption Bureau filed a criminal case against the petitioner under Section 161 of the Indian Penal Code read with Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act. In view of this pendency of … 1. The petitioner was working as Minimum Wage Inspector (Agriculture). On 16th of October 1986 the petitioner was apprehended by the Anti-Corruption Bureau for accepting illegal
Tag this Judgment! AI Brief & AskGouri vs. N.K.D.P.S.T.C.C.S. Ltd.
Karnataka
Jul-28-1988
Civil
Code of Civil Procedure (CPC) , 1908 - Sections 60(1); Karnataka Land Reforms Act, 1961 - Sections 2A(3), 2A(10) and 2A(11)
ILR1989KAR1045; 1988(3)KarLJ352
Court below overlooked specific provision contained in clause (c) of proviso to Sub-section (1) of Section 60 of the Code of Civil Procedure, which In express terms prohibited the attachment of houses and other buildings with the materials … labour, or by the labour of any member of one's family or by hired labour or by servants on wages payable in cash or kind, but not in crop share, under the personal supervision of oneself or by
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Vs. John Samuel Peters
Mumbai
Jan-25-1983
Labour and Industrial
(1983)85BOMLR297
technical and artificial rule which should be restricted to the proceedings which are governed by the principals of the Code of Civil Procedure. Though the principle's of res judicate are made applicable to the industrial adjudication in contradiction … for declaration that his removal from service was wrongful. He also claimed the relief of reinstatement and back wages. The civil suit which was filed on April 9, 1958 was decreed on June 29, 1960, His removal … period as barred by time.2. On July 1, 1965 an application under Section 33-C(2) of the Industrial Disputes Act was filed for computation of monitory
Tag this Judgment! AI Brief & AskJivanlal Kandas Vs. Ramtuji Bhaiji
Mumbai
Mar-06-1944
Labour and Industrial
(1944)46BOMLR795
sought to be attached were part of their wages and that under Section 60 of the Civil Procedure Code, 1908, no part of their wages could be attached. This contention was upheld by the execution Court which … Sen, J.1. This application arises out of darkhast proceedings. The petitioner obtained a decree for about Rs. 140 against the opponents, defendants Nos. 1 and 2, who are labourers in a textile mill at Ahmedabad, in
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