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Satsangi Shishuvihar Kelavani Trust and ors. Vs. P.N. Patel and ors.

Court : Gujarat

Subject : CivilService

Reported in : (1977)18GLR615

the Tribunal is under para 14 to follow as far as such procedure is applicable, the procedure in the Code of Civil Procedure in respect of matters not provided for in that order. Under Clause (7) of Section … Teacher continued in service and would be entitled to receive his back wages. Opponent No. 1 was engaged in this school on June 11, 1973, … only on June 21, 1975. The aggrieved teacher had, therefore, moved the Tribunal by raising a dispute under Section 38(1) in respect of this order terminating his services by an application made to the Tribunal on June 23,

S.R. Patel and ors. Vs. Manager, Sharda Vidyalaya and ors.

Court : Gujarat

Subject : Contempt of Court

Reported in : (1978)19GLR751

under paragraph 13 the Tribunal was to follow, as far as such procedure was applicable, the procedure in the Code of Civil Procedure in respect of matters not provided for in that order. Under Section 38(7), the Tribunal … public interest. The Tribunal could, therefore, give just directions even for back wages at the time of reinstatement keeping in mind the facts and circumstances … been interpreted by this Court in Satsangi Shishuvihar Kelaroni Trust v. P.N. Patel . The relevant provision in Section 38(1) provides t(1911) 18 G.L.R. 615hat where there is any dispute or difference between the manager of a registered

P. Manohar Reddy Vs. Appellate Authority Under Section 53 of the A.P. ...

Court : Andhra Pradesh

Subject : Civil

Acts : Andhra Pradesh Shops and Establishments Act, 1988 - Sections 2(23), 35, 36, 37, 38, 47, 48, 50, 51, 51(1), 51(2), 53 and 55; Payment of Wages Act, 1936 - Sections 2, 3, 4, 5, 7 to 13, 15, 15(1), 15(2), 15(3), 17, 18, 20 and 22; Industrial Disputes Act, 1947 - Sections 25FF, 25FFF and 33C(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 195; Indian Penal Code (IPC), 1860 - Sections 193, 219 and 228; Constitution of India - Articles 226, 554 and 610; Code of Civil Procedure (CPC) , 1908

Reported in : 2007(6)ALD686; 2007(6)ALT76; (2008)ILLJ1117AP

he shall be entitled, in respect of such overtime work, to wages at twice the ordinary rate of wages. Section 38, which prescribes the time of payment of wages, reads thus:Time of payment of wages:- (1) The wages of … and, thereunder, every authority appointed under Section 50 shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 for the purpose of taking evidence and of enforcing attendance of witnesses, compelling production

Bhanwarlal and ors. Vs. Rajasthan State Road Transport Corporation and ...

Court : Rajasthan

Subject : Labour and Industrial

Reported in : (1985)ILLJ111Raj

to the prohibition of discrimination guaranteed by Article 15(1). The three provisions form part of the same constitutional code of guarantees and supplement each other. If that be so, there would be no difficulty in holding that … all matters including recruitment, conditions of service and training of its employees, wages to be paid to the employees reserves to be maintained by it … the Corporation. Section 37 gives powers of control to the State Government over the Corporation. The provisions of Section 38 empowers the State Government to supersede Corporation and, under Section 39, the liquidation can be ordered only by

Lalmani Singh and ors. Vs. State of Madhya Pradesh (Now State of Chhat ...

Court : Chhattisgarh

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 197; Indian Penal Code (IPC) - Sections 467; ;Madhya Pradesh Vinirdishta Bhrashta Aacharan Nivaran Adhiniyam, 1982 - Sections 6, 6A, 8, 37, 38 and 39

Reported in : 2006(3)MPHT73

sanction for prosecution of a Government servant for an offence under this Act, issued under Section 197 of the Code of Criminal Procedure, 1973 (No. 2 of 1974) and purporting to be duly authenticated and sealed, shall be … Collector, Raigarh P.W. 18 enquired into the complaint and found that less wages were paid to the labourers and submitted enquiry report Ex. P-95 mentioning … signing the sanction order Ex. P-5 had not been formally proved was merely a technical defect which under Section 38 of the Adhiniyam did not vitiate the trial. Regarding the violation of Section 39 of the Adhiniyam, it

Mitchell Vs. W. T. Grant Co.

Court : US Supreme Court

Subject : Land Acquisition

Attachment and Sequestration: Provisional Remedies Under the Louisiana Code of Civil Procedure, 38 Tul.L.Rev. 1, 21-22 (1963). The plaintiff creditor, however, see Art. 3576, may … the writ was executed on the 7th. [ Footnote 3 ] Article 2373 and other pertinent provisions of the Code, including those referred to in the text, are set out in the Appendix to this opinion. [ Footnote … validity of the garnishment, and obviously the creditor's claim could not rest on the danger of destruction of wages, the property seized, since their availability to satisfy the debt remained within the power of the debtor who

Barindra Kumar Ghose and ors. Vs. Emperor

Court : Kolkata

Subject : Criminal

Reported in : (1910)ILR37Cal467

under Sections 121, 121A and 122 of the Indian Penal Code.25. It is provided by Section 196 of the Code of Criminal Procedure that no Court shall take cognizance of any offence punishable under Chapter VI of the … on Sections 121, 121A, and 122 of the Indian Penal Code.78. Section 121 is in these terms: 'Whoever wages war against the Queen, or attempts to wage such war, or abets the waging of such war, shall … Mohun Dutt's Lane, 134, Harrison Road, 4, Harrison Road, 23, Scott's Lane, 38-4, Raja Nava Krishna Street, and 48, Grey Street, all of which, except

Sakharam Narayan Kherdekar Vs. City of Nagpur Corporation and ors.

Court : Mumbai

Subject : Civil

Acts : Bombay Shops and Establishments Act, 1939; Bombay Shops and Establishments Act, 1948 - Sections 2, 2(4), 2(7), 2(8), 2(24), 2(25), 2(27), 4, 5, 6, 7, 10, 11, 13, 14, 15, 16, 17, 18, 18(1), 21, 22, 26, 27, 32, 34, 39, 40, 41, 42, 52, 56 and 65; Societies Registration Act, 1860; Legal Practitioners Act; Advocates Act, 1961; Bombay Shops and Establishments Rules, 1948 - Rule 5; Payment of Wages Act - Sections 38-A, 39 and 42-A; Indian Penal Code (IPC), 1860 - Sections 22; Maharashtra Shops and Establishments Act, 1961; Buildings Societies Act, 1884; Industrial Disputes Act - Sections 2; Central Provinces and Berar Goondas Act; Punjab Shops and Establishments Act; Code of Civil Procedure (CPC), 1908 - Order 21, Rule 73; Extension and Amendment Act, 1960

Reported in : AIR1964Bom200; (1963)65BOMLR627; ILR1963Bom478

Act is deemed to be a public servant within the meaning of section 22 of the Indian Penal Code. An employer is in duly bound under Section 21 on demand to produce all records etc. required to … work dangerous to the life, health or morals. Chapter VII provides for leave, with pay and payment of wages of persons employed in an establishment. Provision is made for application of the provisions of the Payment ol … the Payment ol Wages Act for realisation of wages and under Section 38-A provisions of the Workmen's Compensation Act have also been made applicable in

Deepak Nitrite Ltd. Vs. N.H. Rana

Court : Gujarat

Subject : Labour and IndustrialService

Acts : Industrial Disputes Act, 1947 - Sections 10(1), 11A, 17B, 23, 24, 26, 27, 29, 33 and 37; Gujarat University Act, 1949 - Sections 51A; Evidence Act - Sections 111 and 115; General Clauses Act - Sections 12(22); Indian Penal Code (IPC) - Sections 52; Income Tax Act - Sections 17; Specific Relief Act - Sections 38; Industrial Employment Standing Order, 1946 - Sections 13(2B); Constitution of India - Articles 12, 19, 21, 226 and 227; Bombay Industrial Employment Standing Order Rules, 1959 - Rule 32

Reported in : [2002(93)FLR431]

37 of the ID Act, Section 12(22) of the General Clauses Act, Section 52 of the Indian Penal Code and Section 111 of the evidence Act to discharge the obligation of fiduciary position of model employer and … Labour Court in Complaint 3/81 and 4/81 the respondent will pay the wages to all the petitioners as offered by him in his letter dated … This exemption is necessary to avoid multiplicity of proceedings in taxation laws for the ends of justice under Section 38 of the Specific Relief Act.(xii) To order to consider the suggestion for compromise if deemed fit made in

Federal Bank Ltd. Vs. Sagar Thomas and ors.

Court : Supreme Court of India

Subject : Service

Acts : Constitution of India - Articles 12, 14, 19(2) 226 and 311; ;Companies Act, 1913 - Sections 3; Companies Act, 1956 - Sections 9, 227, 233A, 233A(1), 237, 250, 255 and 267; Uttar Pradesh Co-operative Societies Act - Sections 122; Uttar Pradesh Co-operative Land Development Bank Act, 1964 - Sections 30; Uttar Pradesh Co-operative Land Development Banks Rules, 1971; International Airports Authority of India Act, 1971; Reserve Bank of India Act, 1934 - Sections 42(6); Banking Regulation Act, 1941 - Sections 22 and 22(3); Banking Regulation Act, 1949 - Sections 5, 35, 35(1), 35(1A), 35(4), 35A, 36, 36AA, 36AB, 36AB(1), 36AE, 38 and 45; Industries (Development and Regulation) Act 1951 - Sections 15, 15A and 18A; Indian Penal Code; Industrial Disputes Act; Minimum Wages Act; Factories Ac

Reported in : AIR2003SC4325; 97(2004)CLT363(SC); [2004]120CompCas63(SC); 2003(4)CTC418; JT2003(Suppl1)SC470; 2003(3)KLT876(SC); (2004)ILLJ161SC; 2003(8)SCALE143; (2003)10SCC733; 2004(1)S

order or direction commanding the respondents to reinstate the petitioner with all wages and increments in the salary applicable to him as if he had … writing -- (a) prohibit the banking company from receiving fresh deposits;(b) direct the Reserve Bank to apply under Section 38 for the winding up of the banking company: Provided that the Central Government may defer, for such period … ;-'46A. Chairman, director, etc., to be public servants for the purpose of Chapter IX of the Indian Penal Code.-[Every Chairman who is appointed on a whole-time basis, managing director, director, auditor] liquidator, manager and any other employee