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Sunil Batra Vs. Delhi Administration and ors. Etc.

Court : Supreme Court of India

Subject : Constitution

Acts : Prisons Act, 1894 - Sections 29, 30, 30(2), 45, 46, 46(6), 46(7) 46(8), 46(10), 47, 50, 56, 57, 59, 60 and 66; Maintenance of Security Act, 1971 - Sections 3; Constitution of India - Articles 11, 14, 19, 19(1), 19(2) to (6), 20, 20(2), 21, 32, 39A, 42, 72, 132, 134, 136, 161 and 217 - ; Code of Criminal Procedure (CrPC) - +, 1898 - Sections 366, 366(1), 366(2) 395, 401, 415, 433, 434 and 435; Indian Penal Code (IPC), 1860 - Sections 53, 63, 73, 74, 303 and 379; Punjab Jail Rules; Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1971; Larceny Act, 1861

Reported in : AIR1978SC1675; AIR1980SC1579; 1978CriLJ1741; 1980CriLJ1099; (1978)4SCC494; (1980)3SCC488; [1979]1SCR392; [1980]2SCR557

the reference for confirmation of the death sentence under Section 395 of the Criminal Procedure Code (for short, the Code). In the meanwhile-and it proved a terribly long while-he was warehoused, as it were, in a solitary cell … great few, solitude sometimes is best society but for the commonalty the wages of awesome seculsion, if spread over long spells, is insanity. For the … is perilously near unconstitutionality.Court's interpretative function when faced with invalidatory alternative.38. Batra puts in issue the constitutionality of Section 30(2) of the Prisons Act, 1894 (the Act, for short) while Sobhraj impugns the vires of Section 56. But

U.P. State Electricity Board Vs. Shri Shiv Mohan Singh and anr.

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Apprentices Act, 1961 - Sections 2, 2(9), 3, 5, 4(1), 4(4), 4(5), 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 26(1), 26(2), 29, 30, 31 and 37; Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2(I) and 4K; Industrial Disputes Act, 1947 - Sections 6(N) and 25(F); Indian Boilers Act, 1923; Apprenticeship Rules, 1992 - Rules 6, 7, 8, 11, 12, 13 and 14; Army Act, 1950; Air Force Act, 1950; Navy (Discipline) Act, 1934; Contract Labour (Regulation and Abolition) Act, 1970; Apprenticeship Rules, 1962 - Rules 4B and 6; Contract Act - Sections 23

Reported in : AIR2004SC5009; JT2004(8)SC272; 2004(3)KLT686(SC); (2005)ILLJ117SC; 2004(8)SCALE475; (2004)8SCC402; (2005)1UPLBEC175

From the scheme of things it is more than apparent that the Apprentices Act, 1961 is a complete code in itself and it lays down the conditions of the apprentices, what shall be their tenure, what shall … 2(r) deals with 'worker' which means any person who is employed for wages in any kind of work and who gets his wages directly from … breach of the non-registration of the contract of apprenticeship. But that has not been done so because under Section 30 of the Apprentices Act, 1961 any offence arising under this Act has been penalized, like apprentice who is

Associated Cement Company Ltd. Vs. N.L. Vyas and ors.

Court : Gujarat

Subject : Labour and Industrial

Reported in : (1955)IILLJ525Guj

compelling the production of documents and material objects.***The relevant provisions of the Civil Procedure Code are contained in Section 30 and in order XI. Rule 21 of the Industrial Disputes Act framed by the Central Government in exercise … Balance - sheets of the company for the years 1950-51 and 1951-52.6. Whether the item of salaries and wages of Rs. 221-74 lakhs includes bonus paid in the year 1951-52 for previous years, and if so, the

Devi Ahilya Bai Ghatge Uccha Shiksha Samiti and anr. Vs. State of M.P. ...

Court : Madhya Pradesh

Subject : Labour and Industrial

Acts : Employees Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 7A, 7A(1), 7A(2), 7A(3A) and 16(1); ;Code of Civil Procedure (CPC) , 1908 - Sections 27, 28, 29, 30, 31 and 32 - Order 15, Rule 10; Constitution of India - Articles 226 and 227; Indian Penal Code (IPC) - Sections 193, 196 and 228; Motor Vehicles Act, 1939 - Sections 68D

Reported in : [2006(111)FLR70]; (2007)ILLJ78MP; 2006(3)MPLJ541

summons are to be issued and order for discovery of documents and summoning of witness can be passed. Section 30 of the Code of Civil Procedure deals with power to order discovery and the like and Section 31 … determination of the amount of contribution becomes very relevant and if for calculating the said amount, records like wages register, balance sheet, etc., are necessary, it is for the competent authority to take a decision in the

Gujar (A.R.) Vs. State of Maharashtra

Court : Mumbai

Subject : Labour and Industrial

Acts : 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

Reported in : (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 … one of the unions representing the 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 Act. That proceeding also terminated in … November, 1963, and the Bombay Labour Union, respondent 4, was joined on 30 April, 1965, upon their respective applications. At that stage the petition before … the Act under which the notification dated 9 January, 1963, was issued. Section 5 runs as follows : '5. (1) Notwithstanding anything contained in this

Nandlall and Sons Tea Industries (P) Ltd. and anr. Vs. State of Assam ...

Court : Guwahati

Subject : Constitution

Amitava Roy, J.1. The validity of the proceedings under the Payment of Wages Act, 1936 (hereafter referred to as the Wages Act) as well as that under the Bengal Public Demands … deny their liability, they could file an application to that effect within 30 days from the service of notice. It appeared therefrom that a proceeding … thereof lacked bonafide as well, he urged. Mr. Agarwal contended that in any view of the matter, the procedure prescribed under Section 15(3) of the Act not having been observed, the purported proceeding before the Assistant Labour

Emperor Vs. Lalit Mohan Chuckerbutty and ors.

Court : Kolkata

Subject : Criminal

Reported in : (1911)ILR38Cal559

of the accused. And finally we have the confessions, of which use is sought to be made under Section 30 of the Evidence Act against co-accused.11. First, then, it has to be seen whether the conspiracy alleged by … of 1908, and the charges against them are under Sections 121A, 122 and 123 of the Indian Penal Code.2. Of these the principal charge is that under Section 121A, of conspiracy to wage war against His Majesty … these the principal charge is that under Section 121A, of conspiracy to wage war against His Majesty the King-Emperor, and deprive the King-Emperor of the

Divisional Manager, Oriental Insurance Company Limited Vs. Smt. Kabuta ...

Court : Orissa

Subject : Labour and Industrial

Acts : Workmen's Compensation Act - Sections 30 and 30(1); Code of Civil Procedure (CPC) - Sections 100

Reported in : II(2007)ACC88; 2007ACJ2796; 102(2006)CLT489; [2006(111)FLR680]

must be given a wider construction than what is to be attributed to it in Section 100 of the Code of Civil Procedure and that the phrase is to be construed to cover a case such as the … the evidence available on record and the findings, it appears that the wages of the deceased has been assessed at Rs. 3,000/- per month. Since … fact and no substantial question of law being involved in it, the appeal on the above ground under Section 30 of the Workmen's Compensation Act is not entertainable. In this connection some decisions were cited by the Learned

Radhabari Tea Co. P. Ltd. Vs. Mridul Kumar Bhattacharjee and ors.

Court : Guwahati

Subject : Company

Reported in : [2010]153CompCas579(Gauhati)

filed, in the suit, an application under Order XXXIX, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, praying, inter alia, for an ad-interim temporary injunction restraining the appellant-company and its directors, … dues of the appellant-company, there is labour unrest and risk of threat to human life and property if wages and other dues of the labourers are not paid. The liability of the company, points out Dr. Saraf, … attend any discussion on the subject on November 29, 2007 and November 30, 2007. This apart, the plaintiff-respondent also communicated vide his letter dated November

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

Court : US Supreme Court

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. … 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, … employer. . . ." Pp. 435 U. S. 24 -33. 540 F.2d 300, reversed. BLACKMUN, J., delivered the opinion of the Court, in which BURGER,