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Nov 08 1909

Emperor Vs. Ganesh Damodar Savarkar

Court : Mumbai

Decided on : Nov-08-1909

Subject : Criminal

Reported in : (1910)12BOMLR105

something less than that word as used in A. Cu. J. Section 107 of the Indian Penal Code. Section 7 of the Code refutes 1909 that argument. Nor am I impressed by the argument that the abetment meant … the venom is too transparent to be mistaken for anything else than a call to the people to wage war against the British Government. It is idle for counsel to quibble about the meaning of certain words

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Dec 05 1962

Registrar, High Court, A.S., Bombay Vs. S.K. Irani and anr.

Court : Mumbai

Decided on : Dec-05-1962

Subject : Contempt of Court

Acts : Contempt of Courts Act, 1952 - Sections 1, 1(5), 2, 3, 3(2), 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 15(1), 15(2), 15(3), 15(3-A), 15(4), 15(5), 15(6), 15A(1), 15A(2), 16, 17, 17(1), 17A(1), 17A(2), 17B(1), 18, 19, 20, 20(1), 21, 22, 23, 24, 25, 26 and 26(1); Payment of Wages Act, 1936; Constitution of India - Articles 226 and 227; Indian Penal Code (IPC), 1860 - Sections 19 and 228; Payment of Wages (Procedure) Rules, 1937 - Rules 2, 3, 4, 6, 7, 8, 8(2), 8(3), 9, 9(3), 11, 12 and 13; Evidence Act - Sections 3; Bombay Industrial Relations Act, 1946; Industrial Disputes Act, 1947; States (Laws) Act, 1951; Revenue Recovery Act, 1890 - Sections 5; Indian Limitation Act, 1908 - Sections 5; Code of Civil Procedure (CPC), 1908; Code of Criminal Procedure (CrPC) , 1898 - Sections 195; Government

Reported in : AIR1963Bom254; (1963)65BOMLR131; 1963CriLJ603; ILR1963Bom115

Act. Section 4 requires the employer to fix wags periods. Section 5 prescribes the time of payment of wages. Section 7 enumerates deductions which the employer could make from the wages payable to his employees. Section 8 deals with … power to attach property pending an appeal and Sub-section (2) of Section 17A provides that the provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to attachment before judgment under that Code shall, so far

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Sep 04 1960

Kundan Lal Vs. Union of India (Uoi) and anr.

Court : Allahabad

Decided on : Sep-04-1960

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 1, 7(2) and 15

Reported in : AIR1961All567; [1961(2)FLR126]; (1961)ILLJ679All

those of the Railway Establishment Code and irrespective of what had been held by the Railway authorities under the Code it was open to the appellant to approach the authority under the Payment of Wages Act for redress … were being made from the appellant's salary were justified under Clauses (c) and (h) of Sub-section (2) of Section 7 of the Payment of Wages Act and the authority under the Act had wrongly held them to be

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Nov 05 1973

Dilbagh Rai Jarry Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Nov-05-1973

Subject : Labour and Industrial

Acts : Railway Establishment Code - Rule 2044; Payment of Wages Act, 1936 - Sections 15(2); Indian Penal Code (IPC), 1860 - Sections 509; Code of Civil Procedure (CPC) , 1908 - Sections 80 - Order 6, Rule 18

Reported in : AIR1974SC130; [1973(27)FLR428]; 1974LabIC149; (1974)ILLJ164SC; (1974)3SCC554; [1974]2SCR178; 1974(6)LC1(SC); (1973)3SCC554

Act.22. The contention is untenable. While it is true that Rules 17 and 18 of Order 6 of the Code do not, in terms, apply to amendment of an application under Section 15(2), the Authority is competent to … he had been reinstated to the post of Guard 'C' Grade and that the matter of his back wages for the period between the date of his dismissal and the date of reinstatement would be decided later … conviction of the appellant and acquitted him by its judgment dated March 7, 1957. Thereafter, the appellant filed a writ petition in the High Court

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Dec 04 1963

Keki Ardeshir Master Vs. Kotwal A.G.

Court : Mumbai

Decided on : Dec-04-1963

Subject : Labour and Industrial

Acts : Contempt of Courts Act; Payment of Wages Act

Reported in : 1963MhLJ382

the Act. Section 4 requires the employer to fix wage-periods. Section 5 prescribes the time of payment of wages. Section 7 enumerates deductions which the employer could make from the wages payable to its employees. Section 8 deals with … power to attach property pending an appeal and Sub-section (2) of S. 17A provides that the provisions of the Code of Civil Procedure, 1908 (V of 1908), relating to attachment before judgment under that Code shall, so far

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Mar 31 1959

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

Court : Punjab and Haryana

Decided on : Mar-31-1959

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

the Authority came to the conclusion that the law charges in question could not be legally deducted under Section 7 of the Payment of Wages Act. The learned Senior Subordinate Judge came to the conclusion that the petitioner's … 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

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Jun 25 1965

Gopichand Khoobchand Sharma and ors. Vs. Works Manager, Loco-shops, We ...

Court : Gujarat

Decided on : Jun-25-1965

Subject : ServiceLabour and Industrial

Acts : Constitution of India - Articles 226 and 227; Payment of Wages Act, 1936 - Sections 7, 7(2), 8, 15, 15(2), 15(3), 24 and 26; Indian Railway Establishment Code - Rule 2044; Payment of Wages (Railways) Rules, 1938 - Rule 14

Reported in : AIR1967Guj27; (1966)GLR291

Dohad for offences under Sections 147, 332, 342 and 427 read with Section 149 of the Indian Penal Code and the prosecution resulted in the conviction of the petitioners for those offences by the learned Magistrate. On … and ambit of the power of the Authority under the Payment of Wages Act, 1936 (hereinafter referred to as `the Act') in relation to an … the claim for deduction is sought to be supported by the employer by reference to the provisions of Section 7(2)(h). The facts giving rise to the petitions are identical save for the name of the petitioner and the

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Apr 04 1956

Anant Ram and ors. Vs. District Magistrate, Jodhpur and anr.

Court : Rajasthan

Decided on : Apr-04-1956

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 7(2), 15, 15(2), 15(3), 17 and 17(1); Indian Railway Establishment Code - Rule 2044; Constitution of India - Articles 309 and 372; Payment of Wages Procedural Rules, 1937 - Rule 7

Reported in : AIR1956Raj145

on the ground that the orders passed in their cases are covered by Rule 2044, Indian Railway Establishment Code, and by Section 7(2)(h) of the Act.7. The Railway has opposed all these applications, and their contention before … writ applications by five railway servants against the order of the District Magistrate, Jodhpur, under the Payment of Wages Act (No. 4) of 1936 (hereinafter called the Act), and have been heard together as common points have

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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 … end of the year. One 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

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Aug 12 1969

Rameshwar Lal and anr. Vs. Jogendra Das

Court : Orissa

Decided on : Aug-12-1969

Subject : Labour and Industrial

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9 and 115; Payment of Wages Act, 1936 -Sections 2, 15, 17, 18 and 22; Industrial Disputes Act, 1947 - Sections 25F

Reported in : AIR1970Ori76

within it a large number of benefits which but for the wide definition may not be included in 'Wages', Section 4 fixes wage period, Section 5 prescribes time of payment of wages and Section 7 specifies deductions which … should be treated as a Civil Court for the purpose of Section 195 and Chap. XXXV, Criminal Procedure Code, would not lead to the inference that the authority is a civil Court. x x x x x

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