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Aug 07 2007

State of Gujarat Vs. Shahnawaz Abdulgafur Bhatti

Court : Gujarat

Decided on : Aug-07-2007

Subject : Criminal

Acts : Arms Act - Sections 25(1), 25(1AA), 25(1B) and 39; Foreigners Act, 1964 - Sections 13(2) and 14; Explosive Substances Act, 1908 - Sections 4, 5, 6 and 7; Evidence Act - Sections 25 and 27; Prisoners Act; Indian Wireless and Telegraphs Act, 1933 - Sections 3 and 6(1); Indian Penal Code (IPC) - Sections 120B, 121, 121A, 122 and 123, 124A, 196, 313, 374(2); Indian Passport Rules, 1950 - Rules 3 and 5, 6; Foreigners Order, 1948 - Rules 3(5) and 5(2); Indian Foreigners (Report to Police) Orders, 1971; Criminal Law Amendment 1961; Code of Criminal Procedure (CrPC) - Sections 366(1); Constitution of India - Articles 17, 29, 18, 19, 22 to 30 32 to 37 to 60, 309, 347 and 362

Reported in : (2008)1GLR346

the proceedings of Sessions Case Nos. 11 of 2002 and 18 of 2003 made under Section 366(1) of the Code of Criminal Procedure ('the Code' for short) by the learned Additional Sessions Judge, Fast Track Court No. 2, … aforesaid question, it would be advantageous to refer to Section 121 of I.P.C., which reads as under:121. Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such … called and in their presence the Pakistani intruder took out one AK 56 Rifle and its magazine which contained 28 live cartridges from the Baval

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Aug 04 2005

State (N.C.T. of Delhi) Vs. Navjot Sandhu @ Afsan Guru

Court : Supreme Court of India

Decided on : Aug-04-2005

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 2, 39, 161, 161(2), 162, 162(1), 162(2), 164, 173, 196, 196(1), 215, 239 and 313; Indian Penal Code (IPC), 1860 - Sections 34, 40, 43, 71, 107, 108 to 117, 120A, 120B, 121 to 126, 130, 186, 300, 302, 307, 332, 353 and 409; Prevention of Terrorism Act, 2002 - Sections 2, 2(1), 3, 3(1), 3(2), 3(3), 3(4), 3(5), 4, 5, 5(2), 6, 20, 21, 27, 30, 32, 32(1), 32(2) to 32(5), 34, 36 to 48, 50, 50(2), 50(3), 50(4), 52, 52(1), 52(2), 52(3), 52(4) and 56; Explosive Substances Act - Sections 3, 4 and 5; Arms Act - Sections 25 and 27; Prevention of Terrorism (2nd) Ordinance, 2001; Indian Telegraph Act - Sections 5, 5(2) and 25; Constitution (69th Amendment) Act, 1991 - Sections 2; National Capital Territories of Delhi Act, 1991 - Sections 41; Industrial Disput

Reported in : AIR2005SC3820; 2005CriLJ3950; 122(2005)DLT194(SC); (2005)11SCC600; Manu/SC/0465/2005

to a Police Officer in the course of an investigation which is hit by Section 162 Criminal Procedure Code. What is excluded by Section 162 Criminal Procedure Code is the statement made to a Police Officer in … by the Adaptation of Laws Order of 1950. Section 121 now reads-'Whoever wages war against the Government of India or attempts to wage such war, … of crimes, cannot be brought into the picture so as to attract higher punishment especially in view of Section 56 of POTA, which gives overriding effect to the provisions of POTA. The learned counsel therefore submits that the

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Aug 30 1978

Sunil Batra Vs. Delhi Administration and ors. Etc.

Court : Supreme Court of India

Decided on : Aug-30-1978

Subject : Constitution

Acts : Prisons Act, 1894 - Sections 29, 30, 30(2), 45, 46, 46(6), 46(7) 46(8), 46(10), 47, 50, 56, 57, 59, 60 and 66; Maintenance of Security Act, 1971 - Sections 3; Constitution of India - Articles 11, 14, 19, 19(1), 19(2) to (6), 20, 20(2), 21, 32, 39A, 42, 72, 132, 134, 136, 161 and 217 - ; Code of Criminal Procedure (CrPC) - +, 1898 - Sections 366, 366(1), 366(2) 395, 401, 415, 433, 434 and 435; Indian Penal Code (IPC), 1860 - Sections 53, 63, 73, 74, 303 and 379; Punjab Jail Rules; Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1971; Larceny Act, 1861

Reported in : AIR1978SC1675; AIR1980SC1579; 1978CriLJ1741; 1980CriLJ1099; (1978)4SCC494; (1980)3SCC488; [1979]1SCR392; [1980]2SCR557

the reference for confirmation of the death sentence under Section 395 of the Criminal Procedure Code (for short, the Code). In the meanwhile-and it proved a terribly long while-he was warehoused, as it were, in a solitary cell … great few, solitude sometimes is best society but for the commonalty the wages of awesome seculsion, if spread over long spells, is insanity. For the … of Section 30(2) of the Prisons Act, 1894 (the Act, for short) while Sobhraj impugns the vires of Section 56. But the Court does not 'rush in' to demolish provisions where judicial endeavour, amelioratively interpretational, may achieve both

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Aug 05 1980

Khalil and ors. Vs. the Assistant Engineer

Court : Rajasthan

Decided on : Aug-05-1980

Subject : Labour and Industrial

Reported in : 1980WLN(UC)327

the reference proceedings pending decision of the appeal, could hardly justify interference on revision under Section 115 of the Code when there was illegality or material irregularity committed by the lower court.8. I am therefore of the view … Judge, Bikaner, whereby he partly accepted the appeal of the non-petitioner in a claim under the Payment of Wages Act, 1936 (hereinafter referred to as ' the Act).2. Briefly stated the facts are these. The petitioners submitted … the learned District Judge appears to be that under Sections 54 and 56 of the Factories Act, the non-petitioner could not take overtime work from

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Sep 25 1962

Sakharam Narayan Kherdekar Vs. City of Nagpur Corporation and ors.

Court : Mumbai

Decided on : Sep-25-1962

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 … as Section 18, 22, 21 or 65. There is also a provision for enhancement of the punishment under Section 56 for repetition of the offence in contravention of Sections 10, 11 etc. Nobody can obstruct an Inspector from

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Nov 24 1989

Yogesh Mallick Vs. Adelaide Afonso

Court : Mumbai

Decided on : Nov-24-1989

Subject : Tenancy

Reported in : (1989)91BOMLR341

of the said Act, the said Authority is not a Civil Court in the narrow sense contemplated in the Code of Civil Procedure, taut an Administrative Tribunal, and as such, not subject to the revisional jurisdiction of the … 1950 Nag 14, deals with the authority appointed under the Payment of Wages Act and the Division Bench had held that in the scheme of … deemed to be a. Civil Court. Finally, the learned Advocate General brought to my notice the provision of Section 56 which bars the jurisdiction of the Civil Courts in the matters dealt with by the Rent Control Act.

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Feb 28 1978

Central Illinois Pub. Svc. Co. Vs. United States

Court : US Supreme Court

Decided on : Feb-28-1978

Subject : Land Acquisition

Code, 26 U.S.C. § 61(a), and, further, that those cash payments were not excludable under § 119 of the Code, 26 U.S.C. § 119, relating to meals or lodging furnished for the convenience of the employer. Kowalski, however, … Tit. III, § 313(f), 79 Stat. 385. In 1966, Congress amended §§ 3401(a)(6) and 3401(a)(7), specifying that withholding on wages paid to aliens would thereafter be governed by Treasury Regulations. See Foreign Investors Tax Act of 1966, Tit. … the Victory Tax imposed by the Revenue Act of 1942, § 172, 56 Stat. 884. This, with its then new § 465(b) of the 1939 … Generally, this is gross income minus allowable deductions. 26 U.S.C. § 63(a). Section 61(a) defines as gross income "all income from whatever source derived" including,

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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 … the directions cann't be given in 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 and the Corporation cannot depart from … J.,) in this reference to the Full Bench are mentioned hereunder:(1) Whether Section 25J of the Industrial Disputes Act, 1947 permits the application of Clause … Confirmed Permanent 8.10,82 (Ann. I) Under Clause 13 of the Standing Orders.2. 566/81 Shishram ... Confirmed -do- 3.6.81 (Ann. I) -do-3. 108/82 Bhanwarlal 19.10.74 Confirmed

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Jul 23 2019

Bikram Chatterji Vs. Union of India

Court : Supreme Court of India

Decided on : Jul-23-2019

Subject : Land Acquisition

before the National Company Law Tribunal (for short, ‘the NCLT’) under Section 7 of the Insolvency and Bankruptcy Code, 2016 for triggering the Corporate Insolvency Resolution Process in the matter of M/s. Amrapali Silicon City Private Limited, … Rs.9 crores were available in cash in various group companies. The entire amount was spent on payment of wages due to various labours at different times. With respect to other recoverable advanced to various parties amounting to … the flat will pass on to the flat buyers and then they 56 would contend that the dues of the authority should be recovered from

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Nov 19 1974

Otte Vs. United States

Court : US Supreme Court

Decided on : Nov-19-1974

Subject : Land Acquisition

provisions of the New York City Administrative Code to withhold taxes from the payment of priority claims for wages earned by employees prior to the employer's bankruptcy, but unpaid at the inception of the bankruptcy proceeding. The … Treas.Reg. 128 § 408.226(a) (1951); Treas.Reg. 106 § 402.227(a) (1940). The fact that the FICA withholding provisions of the Code do not define "employer" is of no significance, for that term is not to be given a narrower … re Dale, 111 F.Supp. 109, 111 (Me.1953). A. The requirement of withholding. Section 3402(a) of the Internal Revenue Code, 26 U.S.C. § 3402(a), requires "[e]very … case is "out of harmony with sound bankruptcy law." Id. at 54, 56. There is, of course, an overriding concern in the Act with keeping

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