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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 … 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 … of the consequences of non-registration and not sending the form as required by Section 7 is provided in Section 52(a) of the Shops Act. Under that clause if an employer fails to send to the Inspector a statement

Nandlall and Sons Tea Industries (P) Ltd. and anr. Vs. State of Assam ...

Court : Guwahati

Subject : Constitution

Amitava Roy, J.1. The validity of the proceedings under the Payment of Wages Act, 1936 (hereafter referred to as the Wages Act) as well as that under the Bengal Public Demands … thereof lacked bonafide as well, he urged. Mr. Agarwal contended that in any view of the matter, the procedure prescribed under Section 15(3) of the Act not having been observed, the purported proceeding before the Assistant Labour

Malabar Hill Co-operative Housing Society Ltd. Vs. K.L. Gauba and ors.

Court : Mumbai

Subject : Contempt of Court

Acts : Bombay Co-operative Societies Act, 1925 - Sections 54, 54(1) and 54(2); Maharashtra Co-operative Societies Act, 1961 - Sections 81(1), 91, 91(1), 91(2), 92, 93(3), 94(2), 94(3), 95, 96, 97, 98, 99, 100, 101(1), 156, 156(2), 163, 166, 166(1) and 195; Contempt of Courts Act, 1952 - Sections 3, 3(1) and 3(2); Indian Penal Code (IPC), 1860 - Sections 228; Maharashtra Co-operative Societies Act, 1960 - Sections 4; Code of Civil Procedure (CPC), 1908; ;Indian Limitation Act, 1908 - Schedule - Article 182; Maharashtra Co-operative Societies Rules - Rules 75, 76, 77, 78, 79 and 80; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 28; Payment of Wages Act - Sections 15 and 22; Transfer of Property Act - Sections 52; Co-operative Societies Act, 1912; Co-operative Societies Rules -

Reported in : AIR1964Bom147; (1963)65BOMLR533; 1964CriLJ652

far as possible in the same manner as is provided in the case of a civil Court by the Code of Civil Procedure, 1903. Sub-section (2) of Section 94 provides that no party shall be represented by a … Society made an application before the Authority appointed under the Payment of Wages Act in respect of his claim for wages. This application was contested … ILR 57 Mad 425: AlR 1934 Mad 40 that the Registrar is a Court within the meaning of Section 52 of the Transfer of property Act, we may again say that we are not concerned here with that

Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma Vs. Uni ...

Court : Supreme Court of India

Subject : Land Acquisition

the security interest that is relinquished by the secured creditor. It is submitted that the Committee noted that the Code aims to promote a collective liquidation process and towards this end, it encourages secured creditors to relinquish their … “Preferential Payments”, restricts Government dues to a period of 12 months and wages or salary of an employee to a period not exceeding 4 months … the secured creditors in the events such secured creditors has relinquished security in the manner set out in Section 52 of the IBC. It is further prayed that settlement of Workmen Dues should be done in accordance with

Gujar (A.R.) Vs. State of Maharashtra

Court : Mumbai

Subject : Labour and Industrial

Acts : Bombay Shops and Establishments Act, 1948 - Sections 2, 2(2), 2(4), 2(6), 2(24), 2(25), 2(29), 2(30), 4, 5, 5(1), 5(2), 14, 52 and 63(1); Maharashtra Shops and Establishments Rules - Rule 20; Payment of Wages Act, 1936 - Sections 2 and 2(30); Industrial Disputes Act; Bombay General Clauses Act - Sections 20; Code of Civil Procedure (CPC), 1908 - Sections 11

Reported in : (1968)70BOMLR817; (1969)IILLJ509Bom

although the rule in England is inflexible and there is no proviso to it as is found in the Code of Civil Procedure, still in Bombay on the original side of the High Court, they expect the same … one of the unions representing the workers, namely, the Bombay Tailoring Association, filed an application to recover 'weekly-off' wages on 8 December, 1958 before the Authority under the Payment of Wages Act. That proceeding also terminated in … the Act under which the notification dated 9 January, 1963, was issued. Section 5 runs as follows : '5. (1) Notwithstanding anything contained in this … 15 June, 1963. The appellants were charged with the contravention of S. 52(f) of the Bombay Shops and Establishments Act, read with rule 20 of

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 … to Ex.P.38. He deposed that he does not know what was - 52 - CRL.A No.1206 of 2017 C/W CRL.A No.820 of 2017 seized under … unlawful meetings to make the Indian 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, conspired and possessed the arms, illegally,

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 … to Ex.P.38. He deposed that he does not know what was - 52 - CRL.A No.1206 of 2017 C/W CRL.A No.820 of 2017 seized under … unlawful meetings to make the Indian 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, conspired and possessed the arms, illegally,

R. Vasu Nair and ors. Vs. Travancore-cochIn State

Court : Kerala

Subject : Criminal

Reported in : 1955CriLJ414

want of necessary sanction Under Section 192 Criminal P. C. (Travancore) corresponding to Section 196-A of the Indian Code. As the 2nd accused was arrested on 15-1-1950, the prosecution had to lay a charge sheet before the … deceased Daniel, Kunjupilla Asari and PWs. 19, 29 and 21. PWs. 23, 52 and 36 also, went with this party. In the second batch were … meeting on 25-12-1949, and they entered into a criminal conspiracy at that meeting to attack the police and wage war against the Raj Pramukh and overthrow the established Government.(b) A few days after the auction PW. 23

Jeewanlal (1929) Ltd. Etc. Etc. Vs. Appellate Authority Under the Paym ...

Court : Supreme Court of India

Subject : Service

Acts : Payment of Gratuity Act, 1972 - Sections 4(2)

Reported in : AIR1984SC1842; (1985)1CompLJ318(SC); [1984(49)FLR313]; (1984)IILLJ464SC; 1984(2)SCALE303; (1984)4SCC356; [1985]1SCR664; 1985(1)SLJ38(SC); 1985(17)LC106(SC)

degree of certainty, but also to create and bring into force a self-contained, all embracing, complete and comprehensive code relating to gratuity. The significance of this legislation lies in the acceptance of the principle of gratuity as … months' wages' occurring in Sub-section (3) thereof would only mean wages for 520 working days taking the actual working days in 20 months or must … dated June 19, 1981 raise a question of substantial importance. The question is whether the words 'fifteen days' wages'occurring in Sub-section (2) of Section 4 of the payment of Gratuity Act, 1972 (hereinafter referred to as the

Bharti Airtel Limited Vs. Vijaykumar V. Iyer

Court : Supreme Court of India

Subject : MRTP

has relinquished security in the manner set out in Section 52; (c) wages and any unpaid dues owed to employees other than workmen for the … are conferred.8. Statutory or legal set-off is created by a statute. For example, Order VIII Rule 6 of the Code of Civil Procedure, 190820 states that where a suit for recovery of money is filed, the defendant can … passu though not explicitly mentioned in the IBC, is apparent as the edifice of Section 53 read with Section 52 of the IBC, as these provisions create a liquidation hierarchy with the stipulation that each class of creditors