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Sita Ram and ors. Vs. Bashi Ram Gobind Singh

Court : Punjab and Haryana

Subject : Property

Acts : Code of Civil Procedure (CPC), 1908 - Sections 25, 26, 30, 31, 35, 45, 48, 54, 141 and 152 - Order 9, Rules 8 and 9 - Order XXII - Order XXXVIII; Displaced Persons (Debts Adjustment) Act, 1951 - Sections 2, 3, 10, 25, 31 and 44; Displaced Persons (Claims) Act, 1950 - Sections 10 and 13; Indian Limitation Act, 1908; Land Acquisition Act; Workmen's Compensation Act; Payment of Wages Act - Sections 15(3); Constitution of India - Articles 226 and 227

Reported in : AIR1962P& H239

hand, it is contended by the learned counsel for the mortgagee, Bashi Ram, that section 3 read with section 44 of the Act excludes the applicability of O. IX, R. 9 of the Code, that the right conferred … Pun LR 477: (AIR 1946 Lah 316)(FB) wherein the question was whether an authority under the Payment of Wages Act is a Court subordinate to the High Court, and it was held that the authority was a

Gouri vs. N.K.D.P.S.T.C.C.S. Ltd.

Court : Karnataka

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 60(1); Karnataka Land Reforms Act, 1961 - Sections 2A(3), 2A(10) and 2A(11)

Reported in : ILR1989KAR1045; 1988(3)KarLJ352

Court below overlooked specific provision contained in clause (c) of proviso to Sub-section (1) of Section 60 of the Code of Civil Procedure, which In express terms prohibited the attachment of houses and other buildings with the materials … labour, or by the labour of any member of one's family or by hired labour or by servants on wages payable in cash or kind, but not in crop share, under the personal supervision of oneself or by … land, as it was attached to the earth and barred under Section 44(2) of the Land Reforms Act.5. On such objections an enquiry was held

Rashtriya Chemicals and Fertilisers Limited and ors. Vs. Ramesh Kamble ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Constitution of India - Article 226; Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1972 - Sections 25, 39, 44 and 48(1)

Reported in : [2003(96)FLR970]; 2003(1)MhLj178

groundless, but that does not mean that the accused cannot approach the High Court under Section 482 of the Code or Article 227 of the Constitution to have the proceeding quashed against him when the complaint does not … the criminal complaint was to pressurise the petitioners to pay three days wages of the strike period which were deducted from the wages of the … the petitioners who were accused in the said complaint and, therefore, they filed the aforesaid revision application under Section 44 of the Act. The learned President, Industrial Court, after hearing the parties dismissed the revision by an exhaustive

Union of India (Uoi) and ors. Vs. Triloki Nath Bhasin

Court : Punjab and Haryana

Subject : Labour and Industrial

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115; Punjab Courts Act, 1918 - Sections 44; Constitution of India - Article 227; Payment of Wages Act, 1936 - Sections 1(6), 2, 4(1), 4(2) and 7

Reported in : AIR1961P& H154; [1961(2)FLR348]; (1961)IILLJ62P& H

Act, was decided in his favour. The present revision petition has been preferred both under Section 115 of the Code of Civil Procedure (which is in the same terms as Section 44 of the Punjab Courts Act) and … Parkash Sharma, Senior Subordinate Judge, acting as the Authority under Payment of Wages Act. Triloki Nitth Bhasin respondent preferred a claim under Section 5(2) of … ORDERI.D. Dua, J.1. This is a revision under Section 44 of the Punjab Courts Act and under Article 227 of the Constitution of India preferred by the Union

State Through the Manager, Employees State Insurance Corporation Vs. K ...

Court : Karnataka

Subject : CriminalLabour and Industrial

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 313 and 378(4); Employees State Insurance Act, 1948 - Sections 44 and 85

Reported in : [2005(105)FLR20]; ILR2005KAR875; 2005(2)KarLJ63; (2005)IILLJ675Kant

mother Mrs. M.S. Annapurna, the second respondent, at Gulbarga. The establishment is covered under the ESI Act with Code No. 53.3395.105. The ESI inspector issued notice to the respondent about his inspection of the establishment on 26.9.1988 … the employee's contribution which has been deducted by him from the employee's wages and shall also be liable to fine of ten thousand rupees;(b) which … given. Therefore, it is mandatory on the part of the establishment to maintain the records as required under Section 44 of the ESI Act. He has further submitted that the very non- maintenance of the records itself is

Srinivasa Rice Mill Vs. Employees State Insurance Corporation

Court : Supreme Court of India

Subject : Service

Acts : Employees' State Insurance Act, 1948 - Sections 1(3), 1(4), 2(4), 2(9), 2(12), 2(22), 38 to 45, 75(1), 76, 77, 78, 79, 81 82 and 85; Employees' State Insurance (General) Regulations, 1950 - Regulation 10B; ;Mines Act, 1952; Mines Act, 1952; Apprentices Act, 1961

Reported in : [2007(112)FLR233]; JT2006(10)SC305; 2006(11)SCALE694; 2006(2)LC1485(SC)

factory or an establishment to which the Act applies for the first time and to which an employer's Code No. is not yet allotted, and the employer in respect of a factory or an establishment to which … the Inspector to disclose the details of the employees as also the wages drawn by them and the said mandatory provisions having not been complied … purposes of enquiring into the correctness of any of the particulars stated in any return referred to in Section 44 or for the purpose of ascertaining whether any of the provisions of this Act has been complied with--

Shradhanand Anathalaya thro' Its Secretary Vs. Asha Bhojraj Shende and ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Minimum Wages Act; Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 - Sections 30 and 44; Industrial Disputes Act, 1947 - Sections 2, 2A, 25F, 25G and 44; Code of Civil Procedure (CPC) - Sections 115 - Order 8, Rules 3 and 4

Reported in : (2009)IVLLJ101Bom

dealing with the revision applications. However some guidance can be had from the provisions of Section 115 of the Code of Civil Procedure though that Section is not strictly applicable to the Industrial Courts. Under Section 115, High … was contended by them that they were not paid even the minimum wages under the Minimum Wages Act. They were paid only Rs. 600/- per … 240 days or more in a year and thus the Industrial Court had gone beyond its jurisdiction under Section 44 of the Industrial Disputes Act. It is contended that there was sufficient material on record to show that

Williams Vs. Jacksonville Terminal Co.

Court : US Supreme Court

Subject : Land Acquisition

equal additional amount as liquidated damages. Jurisdiction of the action was conferred by § 24(8) of the Judicial Code, 28 U.S.C. § 41(8), and by § 16(b) of the Fair Labor Standards Act, 29 U.S.C. § 216(b). … Labor Standards Act. P. 315 U. S. 403 . Page 315 U. S. 387 6. The words "pay wages" in § 6 of the Act are not to be interpreted as limited to money passing from the … change affecting rates of pay, rules, or working conditions." Compare Sec. 6, 44 Stat. 582, with Sec. 6, 48 Stat. 1197. These additions point squarely … of the red caps' representative for certiorari was granted. 314 U.S. 590. Section 6 of the Act requires every employer to pay each employee engaged

Sayyed Mohammed Naushad Vs. State Of Karnataka

Court : Karnataka

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 … of, or dealer in, arms or ammunition, fails, on being required to do so by rules made under section 44, to maintain a record or account or to make therein all such entries as are required by such … 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,

Mr.fakir Ahmed Vs. State Of Karnataka

Court : Karnataka

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 … of, or dealer in, arms or ammunition, fails, on being required to do so by rules made under section 44, to maintain a record or account or to make therein all such entries as are required by such … 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,