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Sep 12 1988

Dr Baliram Waman Hiray Vs. Justice B. LentIn and ors.

Court : Supreme Court of India

Decided on : Sep-12-1988

Subject : Criminal

Acts : 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

Reported in : AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)

Government, as to the purport and effect of the inclusive clause of Sub-section (3) of Section 95 of the Code which provides that in Clause (b) of Sub-section (1), the term 'Court' means a Civil, Revenue or Criminal … the Workmen's Compensation Act, 1923 and Section 18 of the Payment of Wages Act, 1936. These provisions which are almost similar provide that the Tribunal … Section 136 of the Income-tax Act, 1961 w.e.f. April 1,1974 from which the CrPC, 1973 came into force. Section 28 of the Finance Act amended Section 136 of the Income-tax Act, and it was provided that the words

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Apr 09 1945

Brooklyn Savings Bank Vs. O'Neil

Court : US Supreme Court

Decided on : Apr-09-1945

Subject : Land Acquisition

brought solely to recover liquidated damages. The jurisdiction of this Court rests on Section 237(b) of the Judicial Code. No. 554 The petitioner in this second case operated a box factory in which he employed the respondent … liquidated damages under § 16(b) does not depend on whether the employee is compelled to sue for minimum wages due. P. 324 U. S. 711 . 5. Absence from the Fair Labor Standards Act of a specific … allow an employee to waive his claim to liquidated damages. [ Footnote 28 ] Page 324 U. S. 712 But such a contention proves too

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Nov 14 1947

The Manager, the Spring Mills, Ltd. Vs. G.D. Ambekar

Court : Mumbai

Decided on : Nov-14-1947

Subject : Labour and Industrial

Reported in : (1949)51BOMLR148

revise under Section 115 of the Civil Procedure Code a decision of the 'Authority' under the Payment of Wages Act. The applicant is a manager of the Spring Mills, Limited, and as such responsible for the payment … shall be final.'6. Section 18 lays down thatevery Authority shall have the powers of a civil Court under the Code of Civil Procedure, 1908, for the purpose of taking evidence and of enforcing the attendance of witnesses and … city of Bombay (Application No. 15 of 1946), on behalf of about 28 employees in the Mills. In this application it was alleged that the

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Jan 11 1963

Malabar Hill Co-operative Housing Society Ltd. Vs. K.L. Gauba and ors.

Court : Mumbai

Decided on : Jan-11-1963

Subject : Contempt of Court

Acts : Bombay Co-operative Societies Act, 1925 - Sections 54, 54(1) and 54(2); Maharashtra Co-operative Societies Act, 1961 - Sections 81(1), 91, 91(1), 91(2), 92, 93(3), 94(2), 94(3), 95, 96, 97, 98, 99, 100, 101(1), 156, 156(2), 163, 166, 166(1) and 195; Contempt of Courts Act, 1952 - Sections 3, 3(1) and 3(2); Indian Penal Code (IPC), 1860 - Sections 228; Maharashtra Co-operative Societies Act, 1960 - Sections 4; Code of Civil Procedure (CPC), 1908; ;Indian Limitation Act, 1908 - Schedule - Article 182; Maharashtra Co-operative Societies Rules - Rules 75, 76, 77, 78, 79 and 80; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 28; Payment of Wages Act - Sections 15 and 22; Transfer of Property Act - Sections 52; Co-operative Societies Act, 1912; Co-operative Societies Rules -

Reported in : AIR1964Bom147; (1963)65BOMLR533; 1964CriLJ652

far as possible in the same manner as is provided in the case of a civil Court by the Code of Civil Procedure, 1903. Sub-section (2) of Section 94 provides that no party shall be represented by a … Society made an application before the Authority appointed under the Payment of Wages Act in respect of his claim for wages. This application was contested … before this Court that the Registrar had no jurisdiction to entertain the application of the member inasmuch as, Section 28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, excludes the jurisdiction of a Court

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May 19 2000

Railway Employees Co-operative Banking Society Ltd. Vs. Authority Unde ... Overruled

Court : Rajasthan

Decided on : May-19-2000

Subject : Labour and Industrial

Acts : Constitution of India, 1950 - Articles 226 and 227; Multi State Co-operative Society Act, 1984 - Sections 74; Industrial Disputes Act, 1947 - Sections 2 and 2A; Rajasthan Shop and Establishments Act, 1958 - Sections 28A

Reported in : [2000(84)FLR1008]; (2000)IIILLJ898Raj; 2000(1)WLC159; 2000(3)WLN344

Authority under the Act is not bound by the technical rules and procedure concerning pleadings as emanated from the Code of Civil Procedure, the Authority has reached its conclusion after appreciation of evidence that has come on record … was given to the claimant on June 19, 1992. It has been admitted by the Management that regular wages has been paid to the workman from June 1, 1992 to November, 1992. The Authority: referred to document … 1993 without giving any notice and without any reason in violation of Section 28-A of the Act of 1958.4. The present appellant has contested the

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May 02 2006

Ramchand Onkarlal Agarwal Vs. Union of India (Uoi) and ors.

Court : Mumbai

Decided on : May-02-2006

Subject : Labour and Industrial

Acts : 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

Reported in : 2006(5)BomCR884; (2006)IIILLJ441Bom; 2006(4)MhLj339

quash the impugned notice dated 22-3-1991 - (Annexure 'A') given by the respondent No. 4 in respect of Code No. 23/2613-10- allotted to the petitioner.Petitioner has also incidentally challenged Notification (Annexure-B) applying various provisions of Employees' State … means any premises including the precincts thereof whereon twenty or more persons are employed or were employed for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is … to the petitioner's factory, in particular, and generally to challenge the amended Section 2(12), i.e., definition of 'Factory' and consequential notifications. The prayers read as … the Constitution of India;(ii) strike down the impugned Notification No. S-38013/20/82-H1, dated 28-5-1982 issued by the Central Government vis-a-vis the bidi industry in general and

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Aug 07 2007

State of Gujarat Vs. Shahnawaz Abdulgafur Bhatti

Court : Gujarat

Decided on : Aug-07-2007

Subject : Criminal

Acts : Arms Act - Sections 25(1), 25(1AA), 25(1B) and 39; Foreigners Act, 1964 - Sections 13(2) and 14; Explosive Substances Act, 1908 - Sections 4, 5, 6 and 7; Evidence Act - Sections 25 and 27; Prisoners Act; Indian Wireless and Telegraphs Act, 1933 - Sections 3 and 6(1); Indian Penal Code (IPC) - Sections 120B, 121, 121A, 122 and 123, 124A, 196, 313, 374(2); Indian Passport Rules, 1950 - Rules 3 and 5, 6; Foreigners Order, 1948 - Rules 3(5) and 5(2); Indian Foreigners (Report to Police) Orders, 1971; Criminal Law Amendment 1961; Code of Criminal Procedure (CrPC) - Sections 366(1); Constitution of India - Articles 17, 29, 18, 19, 22 to 30 32 to 37 to 60, 309, 347 and 362

Reported in : (2008)1GLR346

the proceedings of Sessions Case Nos. 11 of 2002 and 18 of 2003 made under Section 366(1) of the Code of Criminal Procedure ('the Code' for short) by the learned Additional Sessions Judge, Fast Track Court No. 2, … aforesaid question, it would be advantageous to refer to Section 121 of I.P.C., which reads as under:121. Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such … intruder took out one AK 56 Rifle and its magazine which contained 28 live cartridges from the Baval bushes on the western side of the

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Feb 28 1978

Central Illinois Pub. Svc. Co. Vs. United States

Court : US Supreme Court

Decided on : Feb-28-1978

Subject : Land Acquisition

Code, 26 U.S.C. § 61(a), and, further, that those cash payments were not excludable under § 119 of the Code, 26 U.S.C. § 119, relating to meals or lodging furnished for the convenience of the employer. Kowalski, however, … Tit. III, § 313(f), 79 Stat. 385. In 1966, Congress amended §§ 3401(a)(6) and 3401(a)(7), specifying that withholding on wages paid to aliens would thereafter be governed by Treasury Regulations. See Foreign Investors Tax Act of 1966, Tit. … Co. v. United States No. 76-1058 Argued October 12, 1977 Decided February 28, 1978 435 U.S. 21 CERTIORARI TO THE UNITED STATES COURT OF APPEALS … Generally, this is gross income minus allowable deductions. 26 U.S.C. § 63(a). Section 61(a) defines as gross income "all income from whatever source derived" including,

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Mar 01 1979

Hajari Ram Vs. the Mantri, Khadi Mandir, Bikaner

Court : Rajasthan

Decided on : Mar-01-1979

Subject : Labour and IndustrialLimitation

Acts : Payment of Wages Act, 1936 - Sections 15(2), 15(3), 17 and 17(1A); Code of Civil Procedure (CPC) , 1908 - Order 18, Rule 2; Limitation Act, 1963 - Sections 5

Reported in : AIR1979Raj76; 1979()WLN282

paid. Section 4 provides for fixing of wage periods and Section 5 deals with time of payment of Wages. Section 18 of the Act provides that only such provisions of the Code of Civil Procedure are applicable as … 1978; the cheque for the amount in pursuance of the direction was delivered to the Authority on December 28, 1977 and the certificate under Section 17(1A) was issued by the Authority on the same day i. e.

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Mar 15 1974

Divisional Personnel Officer Vs. Mahavir Prasad

Court : Rajasthan

Decided on : Mar-15-1974

Subject : ServiceLimitation

Reported in : 1974WLN206

time; (II) that the claim of wages relating to the period upto 28 9 1965 was barred by the provisions of Order 2 Rule 2 … him and the High Court could not interfere in exercise of its revisional power under Section 115 of the Code of Civil Procedure. It has of course been observed in this case that whenever a question of condonation … 14 8-1971 whereby he affirmed the direction given by the S.D.M. Karanpur (the Authority under the Payment of Wages Act) on 3-7-1967.2. The non-applicant Mahavir Prasad an employee of Northern Railway was serving as head booking clerk

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