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Dr Baliram Waman Hiray Vs. Justice B. LentIn and ors.
Supreme Court of India
Sep-12-1988
Criminal
Commissions of Inquiry Act, 1952 - Sections 3, 3(1), 4, 5(4), 5(5) and 6; Code of Criminal Procedure (CrPC) - Sections 195, 195(1), 195(2), 195(3) and 346; Constitution of India - Article 141; Indian Penal Code (IPC) - Sections 193 and 228; Workmen's Compensation Act - Sections 23; Payment of Wages Act - Sections 18; Indian Railways Act - Sections 40
AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)
195(2) of the Code. The learned Counsel referred us to Section 40 of the Indian Railways Act, 1890, Section 23 of the Workmen's Compensation Act, 1923 and Section 18 of the Payment of Wages Act, 1936. These provisions
Tag this Judgment! AI Brief & AskAbdul Raheman @ Shami Ahmed Sha and Others Vs. The State of Karnataka, ...
Karnataka Kalaburagi
Jul-20-2016
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 … 5 - Unlawful Activities (Prevention) Act, 1967 - Section 10, Section 13, Section 18, Section 20, Section 21, Section 23 Indian Evidence Act, 1872 - Section 65-B - Appeal against conviction Trial Court convicted Appellant/accused under Sections 121, … 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,
Tag this Judgment! AI Brief & AskMaharashtra State Warehousing Corporation Ltd. Vs. Bhujang Krishnaji K ...
Mumbai
Jun-16-1998
Civil
1999(2)ALLMR171; (1999)101BOMLR83
reversion orders by the Competent Court, as required for the purposes of Section 11 of the Civil Procedure Code, the plea of res judicata has been raised. But in the present matter, the suspension and reversion orders … reinstatement on his original post as Assistant Storage Superintendent and full back wages from the date of suspension and reversion till the date of reinstatement.8. … the other party asserts that it is a mosque and grave-yard and the question as to applicability of Section 23 of the Limitation Act (1908) is involved which could be decided only after examining the evidence adduced by
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Mahadeo and Others Vs. State of Maharashtra through its Secretary, Dep ...
Mumbai Nagpur
Jun-27-2014
Education
v. Union of India) does not speak about an unaided minority institution and as per majority view therein, Section 23 of 2009 Act applies. 16. Question of status of SS Code as statutory or otherwise never arose before … given on 17 August 1991 and as per clause 2 of that permission, management is obliged to pay wages to teachers in the pay scales as prescribed by State Government from time to time. It is in
Tag this Judgment! AI Brief & AskMaharashtra Suraksha Rakshak Aghadi Vs. State of Maharashtra,
Mumbai
Oct-10-2006
Labour and Industrial
Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 - Sections 3, 6, 8, 15, 19, 20, 21 and 23; Workmen's Compensation Act, 1923; Payment of Wages Act, 1936; Maternity Benefits Act, 1961; Contract Labour (Regulation and Abolition) Act
2007(1)ALLMR769; 2006(6)BomCR493
may arrest a person without intervention of the Court subject to the limitations specified under the provisions of the Code. The provisions of Section 41 of the Code provides for arrest by a Police Officer without an order … winter uniforms. There is no dispute that the same is being provided to these guards. Clause 5 is on wages and other statutory benefits. It states that the wages of the employees concerned are to be deposited by … to challenge the two Notifications dated 24.7.2003 and 8.11.2004 issued by the State of Maharashtra granting exemption under Section 23 of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 (hereinafter referred to as 'the
Tag this Judgment! AI Brief & AskMadanlal Tiwari Vs. the Superintendent and Manager, the Bengal Nagpur ...
Madhya Pradesh
Oct-17-1962
Labour and Industrial
Code of Civil Procedure (CPC) , 1908 - Sections 115; Payment of Wages Act, 1936 - Sections 2, 15 and 23; Central Provinces and Berar Industrial Disputes Settlement Act, 1947 - Sections 36; Madhya Pradesh Central Provinces and Berar Industrial Disputes Settlement (Amendment) Act, 1955
AIR1964MP297; 1964MPLJ435
behalf of the applicants, it was contended that the agreement made by the recognised union was hit by Section 23 of the Payment of Wages Act which prohibited 'contracting out'.5. The learned District Judge accepted the!appeal and set … ORDERS.P. Bhargava, J. 1. This revision petition under Section 115 of the Code of Civil Procedure has been directed against the order passed by the District Judge, Durg, at Rajnandgaon, in
Tag this Judgment! AI Brief & AskAnukul Chandra Dey Vs. Bhanu Kanta Debnath and anr.
Guwahati
Nov-18-2005
Labour and Industrial
Evidence Act; Motor Vehicles Act, 1939; Workmen's Compensation Act, 1923 - Sections 2(1), 4, 4(4), 10 and 23; Workmen's Compensation Rules, 1924 - Rules 35 and 41; Code of Civil Procedure (CPC)
accident. In Pushpan v. Manager, Bouanu Estate 1988 ACJ 912 (Kerela), it was held that:It is true that Section 23 if the Workmen's Compensation Act confers all the powers of the civil court under the Code of Civil … accident occurred on 6.10.2001 arising out of and in course of his employment and was paid a monthly wages of Rs. 4000. The owner of the vehicle (respondent No. 1 herein) on receipt of the notice from
Tag this Judgment! AI Brief & AskRegistrar, High Court, A.S., Bombay Vs. S.K. Irani and anr.
Mumbai
Dec-05-1962
Contempt of Court
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
AIR1963Bom254; (1963)65BOMLR131; 1963CriLJ603; ILR1963Bom115
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 … not to be owing to the plaintiff; or(d) could have been recovered by an application under Section 15.' Section 23 prohibits contacting out of the provisions of this Act. Section 24 provides that the powers by this Act
Tag this Judgment! AI Brief & AskIn Re: Petition of Eatansi Kalianji and Six ors.
Mumbai
Oct-13-1877
Civil
(1878)ILR2Bom148
is a continuous act of procedure so it appears must be the other. Under the new Code the wages of domestic servants are not liable to attachment (section 266). If wages were attached on the 30th September … duty loyally to carry into effect the intentions of the Legislature. But where those intentions, as disclosed in the Code itself, wear an aspect purely prospective; were we, in advancement of a supposed policy, to give to them … Courts, also of H.M.'s Privy Council (Doolubdass v. Ramloll, 7 Moore, P.C., 239; see p. 256, and of the American Courts, 1 Kent. Comm., 511,
Tag this Judgment! AI Brief & AskCommissioner Vs. Kowalski
US Supreme Court
Nov-29-1977
Land Acquisition
the alternative, they argued that the allowances were excludable from § 61 income because of § 119 of the Code, which creates an exclusion for "the value of any meals . . . furnished to [an employee] by … gross pay for purposes of calculating pension benefits. On his 1970 income tax return, respondent reported $9,066 in wages. That amount included his salary plus $326.45 which represented cash meal allowances reported by the State on respondent's … lodging survives the enactment of the Internal Revenue Code of 1954. B Section 119 provides that an employee may exclude from income "the value of … meaning of § 213 of the Revenue Act of 1921, 42 Stat. 237, and also on the proposition that "public quarters for the housing of
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