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Apr 22 2016

Yesumithra Sabanna Vs. Chief Manager, Nitin Arun Nivsarkar, Central Ra ...

Court : Mumbai

Decided on : Apr-22-2016

Subject : MRTP

to reinstate the first Respondent employee in his original post with continuity of service and with 50% back wages. Writ Petition No.638 of 2016 is filed by the first Respondent employee challenging the revisional order referred to … the Respondent's challenge to the refusal of the Revisional Court for sanction of prosecution under Section 195 of the Code of Criminal Procedure is concerned, it is apparent from the record that what the Respondent alleges as false

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Jul 16 1982

Jyothi Home Industries Vs. State of Karnataka and ors.

Court : Karnataka

Decided on : Jul-16-1982

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948 - Sections 2, 3, 4, 5, 3(1), 3(2), 3(3), 5(1), 5(2), 12(1), 13(1), 14, 15, 17, 20, 20(1), 22D, 22F, 24, 25, 26 and 30; Industrial Disputes Act, 1947 - Sections 3, 13, 15, 20, 25(C), 25-F, 25-FF and 25-FFF; Constitution of India - Article 43; Catering Wages Act, 1943; Workmen's Compensation Act

Reported in : (1983)ILLJ201Kant

Machinery Convention held at Geneva and the resolutions passed in that convention were embodied in the International Labour Code. On the other hand, the employers cannot be heard to complain if they are compelled to pay minimum wages … is clear that what is payable as wages under the Act is not only contractual but also statutory wages. Section 12(1) of the Act makes it clear that the wages payable to an employee under the Act should … Bidi Leaves and Tobacco Merchants Association, Gondia v. State of Bombay [1961-II L.L.J. 663]. In that case, a notification issued by the Government of Maharashtra

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Oct 29 2003

Sstate Vs. Mohd. Afzal and ors.

Court : Delhi

Decided on : Oct-29-2003

Subject : Criminal

Acts : Prevention of Terrorists Activities Act, 2002 - Sections 2, 3(1), 4, 6, 20 and 32 and 50; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1), 15 and 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 162, 196, 218, 366, 367 and 368; Evidence Act, 1872 - Sections 9, 24, 25, 26, 27, 30, 65B(2), 138 and 146; Explosive Substances Act, 1908 - Sections 3, 4, 5 and 7; Indian Penal Code (IPC), 1860 - Sections 120, 120B, 121, 302 and 307

Reported in : 2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669

to run concurrently. Under Section 6 POTA rupees ten lacs which are recovered stood forfeited.2. Section 366 of the Code of Criminal Procedure, 1973 requires confirmation by the High Court of a sentence of death passed by the … CFSL were collected and made a part of investigation record. He obtained sanction from the concerned authority under Section 50 of POTA and under Section 7 of Explosive Substances Act and Section 196 Cr.P.C. He recorded sState ments

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Jan 25 1957

A. Munuswamy Vs. T. Viswanatha Nair

Court : Chennai

Decided on : Jan-25-1957

Subject : Civil

Reported in : (1957)2MLJ400

ex gratia payment. But by statute or by agreement it can assume permanency and become part of the wages. Section 60 of the Code of Civil Procedure covers only a limited class of wage earners viz., labourers who

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Nov 02 1982

Tradesvel Security Services Pvt. Ltd. Vs. State of Maharashtra

Court : Mumbai

Decided on : Nov-02-1982

Subject : Service

Reported in : (1982)84BOMLR608

a large army of casual workers on temporary basis for years together thus avoiding the payment of fair wages and the granting of the terminal benefits and other facilities such as leave, medical care, etc. to them. … over the said region. The survey was based upon the examination of 50 such agencies carrying on the work of supplying security guards. It was … worthwhile to reproduce them verbatim. What was in issue there was the challenge to Section 15(2)(b) of the Criminal Law Amendment Act, 1908, whereunder the State Government had declared a Society called the People's Education Society an

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Jul 20 2016

Abdul Raheman @ Shami Ahmed Sha and Others Vs. The State of Karnataka, ...

Court : Karnataka Kalaburagi

Decided on : Jul-20-2016

Subject : Land Acquisition

as 108 documents, apart from 48 material objects. Thereafter, the statement of the accused, under Section 313 of the Code of Criminal Procedure, 1973 (Hereinafter referred to as the Cr.PC , for brevity) having been recorded, the court … encouraging Ahle Hadis Muslm students to join unlawful organisation of Lashkar-E-Toiba and in the pretext of Jihad to wage-war against the India and thereby committed an offence punishable under section 10, 13, 18, 20, 21 and 23 … and leaflets seized from the accused and giving opinion thereof. Ref: your L.No. Aparadh/SBPS 85.06 dated: 20.05.06 Sir, On curiously going through the books and

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May 15 2008

The State of Gujarat Vs. O.L. of Kengold (India) Ltd. (In Liqn.) and a ...

Court : Gujarat

Decided on : May-15-2008

Subject : Company

Acts : Sales Tax Act; Gujarat Sales Tax Act, 1969; Payment of Wages Act, 1936; Bombay Co-operative Societies Act; Gujarat Co-operative Societies Act, 1961 - Sections 50(1); Employees' State Insurance Act, 1948; Payment of Gratuity Act, 1972; Companies Act, 1956 - Sections 234, 529, 529A, 529(1), 530 and 530(1); Karnataka Land Revenue Act - Sections 158(1); Central Excise Act; Customs Act; Income Tax Act - Sections 178 and 178(2); Bombay Land Revenue Code - Sections 137, 138 and 151; Constitution of India - Article 254

Reported in : [2009]149CompCas625(Guj)

the State Government. Under the provisions of the Gujarat Sales Tax Act, 1969 read with Section 137 of the Code, the Sales Tax dues have priority over both the secured and unsecured debts. The restriction on priority would … was raised as to the legality or validity of the agreement. The contention was that deduction from the wages of an employee would be unauthorized and illegal unless it fell within any of the clauses of the … of the said immovable properties and to award exemplary cost of Rs. 50,000/- in favour of the applicant for the delay occasioned in executing the

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Sep 30 2003

Om Sai Hotels and Restaurants, a Partnership Firm Duly Registered Unde ...

Court : Mumbai

Decided on : Sep-30-2003

Subject : Commercial

Acts : Employees Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 1(3), 16 and 16(1), 25G; Indian Partnership Act

Reported in : (2004)ILLJ895Bom; 2004(2)MhLj547

may arrest a person without intervention of the Court subject to the limitations specified under the provisions of the Code. The provisions of Section 41 of the Code provides for arrest by a Police Officer without an order … time as one of the activities of the Petitioners. In fact, the Balance Sheet clearly indicates that the wages are being paid to employees. Depreciation is claimed in respect of the machinery owned by the Petitioners. That, … 16(1)(d) was five years in the case of establishments employing 20 to 50 workers and in the event this infancy benefit was to be withdrawn,

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Jul 25 2007

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

Court : Andhra Pradesh

Decided on : Jul-25-2007

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

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 … respondent's contention that entitlement of wages was itself in dispute and, unless entitlement was decided, the claim under Section 50 of the Act could not be entertained, that the petitioner had contended that he was prevented from working … 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

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Nov 14 1947

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

Court : Mumbai

Decided on : Nov-14-1947

Subject : Labour and Industrial

Reported in : (1949)51BOMLR148

revise under Section 115 of the 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 as such responsible for the payment … amount of wages claimed to have been withheld from him exceeds Rs. 50. Sub-section (2) of Section 17 says that 'save as provided above, any … 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

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