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Nov 14 2022

Sayyed Mohammed Naushad Vs. State Of Karnataka

Court : Karnataka

Decided on : Nov-14-2022

Subject : Land Acquisition

the statement of the accused Nos.1 to 6 and 13 was recorded as contemplated under Section 313 of the Code of Criminal Procedure. The accused Nos.1, 3, 6 and 6 filed their statements under Section 313(5) of the … Magistrate]..50. To invoke the provisions of Arms Act, previous sanction of the District Magistrate is required as per Section 39 of the Arms Act, which reads as under: - 83 - CRL.A No.1206 of 2017 C/W CRL.A No.820 … Government insecure and to spoil the unity of the Nation. Further, to wage war against India, the accused persons collected arms and manufactured the ammunitions,

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Nov 14 2022

Mr.fakir Ahmed Vs. State Of Karnataka

Court : Karnataka

Decided on : Nov-14-2022

Subject : Land Acquisition

the statement of the accused Nos.1 to 6 and 13 was recorded as contemplated under Section 313 of the Code of Criminal Procedure. The accused Nos.1, 3, 6 and 6 filed their statements under Section 313(5) of the … Magistrate]..50. To invoke the provisions of Arms Act, previous sanction of the District Magistrate is required as per Section 39 of the Arms Act, which reads as under: - 83 - CRL.A No.1206 of 2017 C/W CRL.A No.820 … Government insecure and to spoil the unity of the Nation. Further, to wage war against India, the accused persons collected arms and manufactured the ammunitions,

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Jun 18 2008

The Manager, Naaz Cinema Vs. Vasantben Rameshbhai Ghumadiya W/D of Ram ...

Court : Gujarat

Decided on : Jun-18-2008

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 2A, 4(1), 7, 7A, 10, 10(1), 10(1)(C), 11(1), 12(5), 33C, 33(C)(1), 33(C)(2), 33(C)(4) and 39; Payment of Bonus Act, 1965 - Sections 8, 2(21), 10, 11 and 22; Payment of Wages Act; Bombay Industrial Relations Act, 1946 - Sections 9; Orissa Industrial Disputes Rules, 1959 - Rules 22, 24 and 25; Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC) - Order 21

Reported in : (2008)3GLR2431

respondent. 12. The power to grant interest is a discretionary power of the Labour Court. Order XXI of the Code of Civil Procedure is not applicable to the Labour Court proceedings. The decision of Apex Court in case … in favour of workman. The Labour Court granted reinstatement with 75% back wages of interim period from 1st May 1983 to 16th June 1992. Against … of Gujarat for about more than 30 years on the basis of delegation of power by State under Section 39 of the Act to the Labour Court. Therefore, according to my humble opinion, the law prevailing at present

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Jul 24 2006

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

Court : Chhattisgarh

Decided on : Jul-24-2006

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 … argued that the conviction of the appellants was bad in law since there was a clear violation of Section 39 of the Adhiniyam inasmuch as the requisite permission from an authority not below the rank of the Commissioner

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May 14 2008

Shaukat HussaIn Guru Vs. State (Nct) Delhi and anr.

Court : Supreme Court of India

Decided on : May-14-2008

Subject : Criminal

Acts : Prevention of Terrorism Act - Sections 3, 3(2), 3(3), 3(4), 3(5) and 4; Indian Penal Code (IPC) - Sections 120B, 121 to 126, 130, 299, 300, 302 and 307; Explosive Substances Act; Code of Criminal Procedure (CrPC) - Sections 39, 39(1), 222, 222(2), 222(3) and 313; Constitution of India - Articles 12, 32, 129, 137 and 145

Reported in : 2008AIRSCW3688; AIR2008SC2419; 2008(7)SCALE525; (2008)6SCC776; 2008CriLJ3016

having not been framed, he had no opportunity to raise and prove the defence available to him under Section 39(1) of the Code of Criminal Procedure. The curative petition was also dismissed by a Bench of four Judges … conviction could have been recorded under Section 123 of IPC which is of concealment of a design to wage war. It is the petitioner's respectful case that neither the charge-sheet nor the evidence revealed the ingredients of

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Nov 19 1996

Narula Enterprises Vs. Employees' State Insurance Corpn.

Court : Punjab and Haryana

Decided on : Nov-19-1996

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948 - Sections 39 and 40; Employees' State Insurance (General) Regulations, 1950 - Regulation 10B

Reported in : (1998)IILLJ931P& H; (1997)115PLR518

has admitted on oath that initially deductions were made from the employees' wages as employees' contribution but later on it was discontinued as code number … under Section 75(1)(g) of the Act claiming that the demand notice be waived as after the allotment of the code number, the applicant-appellant is regularly depositing/paying the contributions as per the provisions of the Act. It was also … of this Act and has held that the management is liable to contribute on its own accord under Section 39 of the Act and such payment is not made conditional on any demand by the Corporation.14. In Employees'

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Jun 20 2005

Nilachal Service Station Vs. Presiding Officer, Labour Court and anr.

Court : Orissa

Decided on : Jun-20-2005

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 10, 12, 17, 17A, 29 and 33C(2); Code of Civil Procedure (CPC) - Order 9, Rule 13 - Order 39, Rules 1 and 2; Constitution of India - Articles 226 and 227

Reported in : 2005(II)OLR565

Court, vide Annexure-1, void and inoperative along with a petition under Order 39, Rules 1 and 2 of the Code of Civil Procedure, inter alia … party No.2 in the year 1993. The petitioner also filed an application under Order 9, Rule 13 of the Code of Civil Procedure to set aside the order. The said order was registered as Restoration Misc. Case No. … illegal and unjustified. The Labour Court further held that the workman was entitled to reinstatement with full back wages. According to opposite party No.2-workman after the award was passed by the Labour Court he joined his duties … Labour Court by the State Government in exercise of powers conferred Under Section 12 read with Section 10 of the Industrial Disputes Act. The reference

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Aug 24 1977

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

Court : Gujarat

Decided on : Aug-24-1977

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 … so as to subserve the larger 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 of each case so that real … to the Tribunal. The Tribunal was an independent Tribunal constituted under Section 39(1), of a person with high judicial status and experience as was provided

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Mar 12 1984

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

Court : Rajasthan

Decided on : Mar-12-1984

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 … 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 order of the State Government.29. State Government has got powers to

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Jul 05 1976

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

Court : Gujarat

Decided on : Jul-05-1976

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, … 35(7) nullifies any appointment of a head master or a teacher made in contravention of the provisions of Section 39. Section 36(1) then provides a double fetter on termination of service of a head master, a teacher or

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