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Bibhu Charan Barua Vs. Nani Gopaldeva Goswami and ors.

Court : Guwahati

Subject : Property

respondent-plaintiff, thereby staying the proceeding till disposal of the aforementioned suit. By the said order, the application under Section 47 of the Code submitted for stay of the execution proceeding by the Opposite party/judgment debtor was also allowed.2. … the industry. Being similarly caught in the vertex the petitioner was compelled to defer the payment of labour wages and other statutory dues in the tea estate. A labour unrest surfaced, a common phenomenon which then plagued

Grand Kakatiya Sheraton Hotel and Towers Employees and Workers Union V ...

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Andhra Pradesh Shops and Establishments Act, 1988 - Sections 16(3), 47, 47(3) and 47(4), 47(5), 50 and 51; Companies Act; Andhra Pradesh Shops and Establishments Act, 1966 - Sections 40, 40(1) and 40(3); Payment of Gratuity Act, 1972 - Sections 1(3), 2, 3A, 4(1), 7, 7(1), 7(2) and 7(3); Factories Act, 1948 - Sections 2(5), 2(8), 2(10) and 2(11); Industrial Disputes Act, 1947 - Sections 25F; Orissa Administrative Service, Class II (Appointment of Officers Validation) (Amendment) Act, 1992 - Sections 2; Constitution of India - Articles 13, 14 and 19(1), 254(2) and 309

Reported in : AIR2009SC2337; [2009(121)FLR407]; JT2009(4)SC550; (2009)IIILLJ161SC; 2009(3)SCALE371; (2009)5SCC342:2009AIRSCW3149:2009(5)LHSC3456

being a reward for good, efficient and faithful service rendered for a considerable period (vide Indian Railway Establishment Code, Vol. I at page 614 - Chapter XV, Para 1503), there would be no justification for awarding the … months without giving such employee at leastone month's notice in writing or wages in lieu thereof and gratuity amountingto fifteen days' average wages for each … payment of service compensation for termination, retirement, resignation etc. In short, Section 40 of the 1966 Act and Section 47 of the 1988 Act are pari-materia Sections. It will be better to compare the unamended Section 40, that

Union of India Vs. L.M. Pinto and ors.

Court : Mumbai

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 7(2); Indian Railways Act, 1890 - Sections 47(2); Railway Establishment Code - Rules 2043, 2044 and 2044(1); Essential Services Maintenance ordinance, 1960 - Sections 4 and 5; Indian Penal Code (IPC), 1860 - Sections 506; Constitution of India - Articles 226 and 227

Reported in : (1973)ILLJ6Bom

with costs. Labour and Industrial - back wages - Section 7 (2) of Payment of Wages Act, 1936, Section 47 (2) of Indian Railways Act, 1890, Rules 2043, 2044 and 2044 (1) of Railway Establishment Code and Articles

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

Court : Mumbai

Subject : Labour and Industrial

Reported in : (1949)51BOMLR148

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 … 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 … its employees did overtime for which they were paid by the applicant the amount of remuneration according to Section 47 of the Factories Act, which provides that where a worker in any factory works for more than 60

Secretary, Agricultural Produce Market Committee Vs. State of Bihar an ...

Court : Patna

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948 - Sections 2 and 22; Code of Criminal Procedure (CrPC) - Sections 482

D.N. Prasad, J. 1. This application under Section 482 of the Code of Criminal Procedure has been filed by the sole petitioner, the Secretary, Agricultural Produce Market Committee for quashing … on January 22, 1997 and found that the employers were paying less wages to the labourers. It is further alleged that the employers were not … also argued that the petitioner, being the Secretary of Market Committee, is immuned from the prosecution as per Section 47 of the Bihar Agricultural Produce Market Act and as such the whole prosecution is fit to be quashed

Sitaram Ramcharan and ors. Vs. M.N. Nagrashna and anr.

Court : Mumbai

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 15, 15(2), 15(3) and 17; Code of Civil Procedure (CPC), 1908 - Sections 47, 115 and 244; Constitution of India - Articles 226 and 227; Limitation Act, 1908 - Sections 5 and 14; Factories Act - Sections 50, 51 and 54; Shops and Establishments Act, 1948 - Sections 70; Conveyancing Act, 1881; Transfer of Property Act - Sections 114; Workmen's Compensation Act

Reported in : AIR1954Bom537; (1954)56BOMLR930; ILR1954Bom1389; (1954)IILLJ703Bom

the order. The suit was dismissed as being barred by Section 244, Civil P. C., which corresponds to Section 47 of the present Code. Then B filed an appeal against the original order confirming the attachment and this … Weaving & , Ahmedabad. These employees made an application on 23-9-1953, to the Authority under the Payment of Wages Act for payment of wages which according to them had been delayed; and in the case of the

Dhurandhar Prasad Singh Vs. Jai Prakash University and ors.

Court : Supreme Court of India

Subject : Service

Acts : Code of Civil Procedure (CPC), 1908 - Sections 47, 100 and 115 - Order 22, Rules 3, 4, 7, 8, 9 and 10; Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950; Mental Treatment Act, 1930 - Sections 16

Reported in : AIR2001SC2552; (2001)3CALLT55(SC); JT2001(5)SC578; 2001(4)SCALE495; (2001)6SCC534; [2001]3SCR1129; 2001(3)SLJ432(SC)

Patna High Court whereby revision application has been allowed, order passed by the executing Court, rejecting objection under Section 47 of the Code of Civil Procedure (hereinafter referred to as the 'Code') to the executability of decree passed … [1976]1SCR487, while considering the effect of devolution of interest within the meaning of Order 22 Rule 10 of the Code, on the trial of a suit during its pendency, this Court has laid down the law at page 2160 … possession without its permission amounts to contempt of its authority; and the wages of contempt of Court in this jurisdiction may well be voidability of

Mrs. K.P.M. Saheed and ors. Vs. the Aluminium Fabricating Company and ...

Court : Kerala

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 47 - Order 21, Rules 66 and 90 - Order 40, Rule 1

Reported in : AIR1986Ker209

is in the possession and management of a Receiver appointed by Court under Order 40, Rule 1 of the Code of Civil Procedure, without the leave of that Court, are illegal in the sense that the party proceeding … possession without its permission amounts to contempt of its authority; and the wages of contempt of Court in this jurisdiction may well be voidability of … without obtaining leave of Court, is that sale valid; if not, can that sale be set aside under Section 47 C.P.C. or only under Order XXI Rule 90 C.P.C.? (2) Can a receiver maintain an 'application to set

K.K. Ahuja Vs. V.K. Vora and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 141, 141(1) and 141(2); Indian Penal Code (IPC) - Sections 420; Code of Criminal Procedure (CrPC) - Sections 482; Companies Act, 1956 - Sections 2(24), 2(45), 5 and 291; Income Tax Act, 1961 - Sections 278B; Minimum Wages Act, 1948 - Sections 22C; Employees State Insurance Act, 1948 - Sections 86A; Employees Provident Fund and Miscellaneous Provisions Act, 1952 - Sections 14A; Payment of Bonus Act, 1965 - Sections 29; Air (Prevention and Control of Pollution) Act, 1981 - Sections 40; Water (Prevention and Control of Pollution) Act, 1974 - Sections 47

Reported in : 2009(57)BLJR2897; 2009(4)BomCR558; [2009]152CompCas520(SC); JT2009(8)SC691; 2010(1)MPHT164; 2009(II)OLR(SC)292; RLW2009(9)SC2275; 2009(9)SCALE87; (2009)10SCC48; [2009]94SCL; 2009(4)LHSC2621; [2009] 9 SCR 1144

offence under Section 138 read with Section 141 of the Act and Section 420 of the Indian Penal Code. The appellant also alleged that respondents 2 to 9 were directly and actively involved in the financial dealings … Section 278B of the Income Tax Act, 1961, Section 22C of Minimum Wages Act, 1948, Section 86A of the Employees State Insurance Act, 1948, Section … Payment of Bonus Act, 1965, Section 40 of The Air (Prevention and Control of Pollution) Act, 1981 and Section 47 of Water (Prevention and Control of Pollution) Act, 1974. But neither Section 141(1) of the Act, nor the

Chandrapur District Central Co-op. Bank Ltd., Chandrapur Vs. Industria ...

Court : Mumbai

Subject : Labour and Industrial

Reported in : (1996)IIILLJ619Bom

1971 filed by the complainants were not maintainable inasmuch as Bombay Industrial Relations Act, 1946 was a complete code in itself and provided an independent machinery under the said Act for adjudication of the disputes like termination … unfair labour practice and the complainants be ordered to be reinstated by the petitioner Bank with full back wages. 4. The petitioner Bank contested the complaints and denied the allegations made in the complaints and set up … qualifications or were over-age, were also given appointments and such candidates were 47 in number. According to the petitioner Bank, therefore, decision was taken and … No. 2 in each of the writ petitions, filed separate complaint under Section 28 read with Item I of Schedule IV of the Maharashtra Recognition