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Apr 28 2006

Food Craft Instt. Vs. Rameshwar Sharma and anr.

Court : Delhi

Decided on : Apr-28-2006

Subject : Labour and Industrial

Acts : Constitution of India - Articles 14, 23, 136 and 226; Industrial Disputes Act, 1947 - Sections Sections 2, 10(1), 10A, 11A, 12(5), 17A, 17B, 18B, 20(3), 33(C)(1) and 33(C)(2); Code of Civil Procedure (CPC) - Sections 136, 151 and 153; Hindu Adoptions and Maintenance Act - Sections 20; Minimum Wages Act, 1948 - Sections 20; Industrial Employment (Standing Orders) Act, 1946 - Sections 10A; Industrial Disputes (Amendment) Act, 1982 - Sections 17B

Reported in : 134(2006)DLT49; (2007)2LLJ350Del

the Award in his favor is set aside by the High Court. 10. The expression full wages in Section 17B would mean such emoluments as … of Section 17B of the Industrial Disputes Act or under this Section read with Section 151 of the Code of Civil Procedure. Other applications are filed only under Section 151 of the Code of Civil Procedure.53. So … by the employee.8. xxx9. From a perusal of the above passage it may appear that even for back wages Section 17-B makes a provision. However, as already considered above, Section 17-B does not deal with the period prior

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Sep 08 1961

Sita Ram and ors. Vs. Bashi Ram Gobind Singh

Court : Punjab and Haryana

Decided on : Sep-08-1961

Subject : Property

Acts : Code of Civil Procedure (CPC), 1908 - Sections 25, 26, 30, 31, 35, 45, 48, 54, 141 and 152 - Order 9, Rules 8 and 9 - Order XXII - Order XXXVIII; Displaced Persons (Debts Adjustment) Act, 1951 - Sections 2, 3, 10, 25, 31 and 44; Displaced Persons (Claims) Act, 1950 - Sections 10 and 13; Indian Limitation Act, 1908; Land Acquisition Act; Workmen's Compensation Act; Payment of Wages Act - Sections 15(3); Constitution of India - Articles 226 and 227

Reported in : AIR1962P& H239

Code of Civil Procedure--hereinafter referred to as the Code--apply to the dismissal in default of an application under section 10 of the Displaced Persons (Debts Adjustment) Act (No. 7 of 1951)--hereinafter referred to as the Act.(2) The facts … Pun LR 477: (AIR 1946 Lah 316)(FB) wherein the question was whether an authority under the Payment of Wages Act is a Court subordinate to the High Court, and it was held that the authority was a

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Jul 20 2016

Abdul Raheman @ Shami Ahmed Sha and Others Vs. The State of Karnataka, ...

Court : Karnataka Kalaburagi

Decided on : Jul-20-2016

Subject : Land Acquisition

as 108 documents, apart from 48 material objects. Thereafter, the statement of the accused, under Section 313 of the Code of Criminal Procedure, 1973 (Hereinafter referred to as the Cr.PC , for brevity) having been recorded, the court … join unlawful organisation of Lashkar-E-Toiba and in the pretext of Jihad to wage-war against the India and thereby committed an offence punishable under section 10, … and in the pretext of Jihad to wage-war against the India and thereby committed an offence punishable under section 10, 13, 18, 20, 21 and 23 of Unlawful Activities 1967 (amendment Act 2004)? Point Nos.1 to 3 were

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Nov 17 1986

Frank Anthony Public School Employees' Association Vs. Union of India ...

Court : Supreme Court of India

Decided on : Nov-17-1986

Subject : Constitution

Acts : Constitution of India - Articles 14, 19, 21, 23, 30, 30(1) and 337; Delhi School Education Act, 1973 - Sections 8

Reported in : AIR1987SC311; 1987LabIC427; 1987MhLJ1(SC); 1986(2)SCALE805; (1986)4SCC707; [1987]1SCR238

employee shall be liable to the prescribed disciplinary action for violation of any provision of Code of Conduct. Section 10(1) requires that 'the scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits … regulations do not take away or abridge the guaranteed right. Regular tax measures, economic regulations, social welfare legislation, wage and hour legislation and similar measures may, of course have some effect upon the right under Article 30(1).

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Jun 16 1998

The Oriental Insurance Company Limited, Bangalore Vs. Thibbegowda and ...

Court : Karnataka

Decided on : Jun-16-1998

Subject : Motor Vehicles

Acts : Constitution of India - Articles227 and 323-B; Motor Vehicles Act, 1988 -Sections 173(2) and 175; Code of Civil Procedure (CPC), 1908 - Sections24 and 115; Karnataka Private Education Institutions Act, 1975; Bengal, Assam and Agra Civil Courts Act - Sections 3; Oudh Courts Act; United Provinces High Courts (Amalgamation) Order, 1948 - Sections 15, 18,19, 21 and 22; Payment of Wages Act; Motor Vehicles Act, 1939 - Sections 11 and 110-F; Family Courts Act, 1984 - Sections 10

Reported in : 2000ACJ438; ILR1998KAR3733; 1998(5)KarLJ587

such as 'Family Courts Act'. In Family Courts Act, Legislature has clearly indicated and expressed that intention. Under Section 10 of the Family Courts Act, it has clearly been provided.'For the purpose of the provisions of the Code, … force and determine the status and gradation of Courts, we will proceed to consider whether the Payment of Wages Act, does purport to create Civil Courts. (15) Thereafter the person appointed, is throughout referred to in the

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Feb 29 2000

Karamchari Union, Agra Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Feb-29-2000

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 4, 5, 14 and 17(3); Constitution of India - Article 226; Employee Retirement Income Security Act; Employees State Insurance Act, 1948 - Sections 2(12)

Reported in : AIR2000SC1226; (2000)159CTR(SC)148; [2000]243ITR143(SC); JT2000(2)SC493; (2000)IILLJ603SC; RLW2000(1)SC146; 2000(2)SCALE161; (2000)3SCC335; [2000]2SCR33

High Court dismissed the writ petitions holding inter alia that:(1) the Income-tax Act, 1961 is a self contained code to judge the taxability of a particular receipt and the taxability of D. A., H.R.A. and CCA will … Sections 15 and 16 and of this section -(1) 'Salary' includes -(i) wages; (ii) any annuity or pension; (iii) any gratuity; (iv) any fees, commissions, … the passing of relevant Section 17 which defines 'salary', and the addition of Explanation to Sub-section (14) of Section 10. The High Court dismissed the writ petitions holding inter alia that:(1) the Income-tax Act, 1961 is a self

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Sep 24 1998

State of Gujarat and Anr. Vs. Hon'ble High Court of Gujarat

Court : Supreme Court of India

Decided on : Sep-24-1998

Subject : Labour and IndustrialConstitution

Acts : Constitution of India - Articles 4, 17, 18, 21, 23, 24 and 300A; Indian Penal Code (IPC) - Sections 53, 55, 60, 148, 149, 325 and 374; Minimum Wages Act, 1948 - Sections 3, 5, 12 and 59; Minimum Wages (Central) Rules; Code of Criminal Procedure (CrPC) - Sections 357; Kerala Prison Rules - Rule 384; Travancore-Cochin Prisons Act, 1950; Uniform Crime Victims Reparation Act

Reported in : AIR1998SC3164; 1998(2)ALD(Cri)691; 1998CriLJ4561; 1998(4)Crimes12(SC); (1999)1GLR141; JT1998(6)SC530; 1998(5)SCALE410; (1998)7SCC392; [1998]Supp2SCR31; 1999(1)LC714(SC)

particular section of the convicted prisoners who were sentenced to rigorous imprisonment. Section 53 of the Indian Penal Code which falls under the Chapter entitled 'Of Punishments' vivisects punishments into five categories, of which the category 'imprisonment' … quantum of wages payable to the prisoners we are persuaded to take into account the contemporary legislative exercises on wages. Minimum wages law has now come to stay. This Court has held that minimum wage which is sufficient … authorities committed the offence Under Section 374 of IPC by compelling him 10 do work during the term of his imprisonment. So the task to

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Jan 25 1957

A. Muniswami Vs. T. Viswanatha Nair

Court : Chennai

Decided on : Jan-25-1957

Subject : CivilLabour and Industrial

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 60 and 60(1)

Reported in : AIR1957Mad773

for stay is whether the bonus granted to a workman is exempt from attachment under Section 60(h) of the Code of Civil Procedure. .2 The facts are:-- T. Viswanatha Nair employed in VIMCO at Tiruvothivur filed a suit … Years Digest. 1901--1950, Vol. III, note 27, pages 157-158 for a handy and accurate collection of case law on Wages, Section 60(h) C. P. Q).In N. M. Shanmughasundaram Mudaliar v. Chidambaram Pillai : AIR1953Mad433 , this court held that

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Dec 05 1962

Registrar, High Court, A.S., Bombay Vs. S.K. Irani and anr.

Court : Mumbai

Decided on : Dec-05-1962

Subject : Contempt of Court

Acts : Contempt of Courts Act, 1952 - Sections 1, 1(5), 2, 3, 3(2), 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 15(1), 15(2), 15(3), 15(3-A), 15(4), 15(5), 15(6), 15A(1), 15A(2), 16, 17, 17(1), 17A(1), 17A(2), 17B(1), 18, 19, 20, 20(1), 21, 22, 23, 24, 25, 26 and 26(1); Payment of Wages Act, 1936; Constitution of India - Articles 226 and 227; Indian Penal Code (IPC), 1860 - Sections 19 and 228; Payment of Wages (Procedure) Rules, 1937 - Rules 2, 3, 4, 6, 7, 8, 8(2), 8(3), 9, 9(3), 11, 12 and 13; Evidence Act - Sections 3; Bombay Industrial Relations Act, 1946; Industrial Disputes Act, 1947; States (Laws) Act, 1951; Revenue Recovery Act, 1890 - Sections 5; Indian Limitation Act, 1908 - Sections 5; Code of Civil Procedure (CPC), 1908; Code of Criminal Procedure (CrPC) , 1898 - Sections 195; Government

Reported in : AIR1963Bom254; (1963)65BOMLR131; 1963CriLJ603; ILR1963Bom115

and the limits on his power in respect thereof. Section 9 deals with deductions for absence from duty. Section 10 deals with deductions for damages or loss. Sections 11 to 13 deal with deductions from wages which the … power to attach property pending an appeal and Sub-section (2) of Section 17A provides that the provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to attachment before judgment under that Code shall, so far … Act. Section 4 requires the employer to fix wags periods. Section 5 prescribes the time of payment of wages. Section 7 enumerates deductions which the employer could make from the wages payable to his employees. Section 8 deals

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Feb 13 1996

Deputy Engineer, Zilla Parishad, Umred and ors. Vs. Shantaram Ramaji a ...

Court : Mumbai

Decided on : Feb-13-1996

Subject : ArbitrationLabour

Reported in : 1996(5)BomCR504; (1997)IILLJ262Bom; 1996(2)MhLj116

load under Cl. (5) of the award was made prior to October 10, 1954, and as regards extra wages for boring holes, before February 1953. … 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

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