Court : Supreme Court of India
Reported in : AIR1966SC1201; [1970(20)FLR7]; (1966)ILLJ709SC; [1966]2SCR632
..... the number of hours of work in the case of an adolescent shall be the same as that of an adult or a child according as he is certified to work as adult or a child by a competent medical practitioner approved by the central government. (4) . . . . . ..... sub-rule (2) then lays down that the working day of an adult shall be so arranged that inclusive of intervals for rest it shall not spread over more than twelve hours ..... under sub-rule (2) of rule 24 the working day of an adult can be so arranged that inclusive of intervals of rest it does not exceed 12 ..... of work which shall constitute normal working day - (1) the number of hours which shall constitute a normal working day shall be :- (a) in the case of an adult, 9 hours, (b) in the case of a child, 4 1/2 hours. ..... subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day : provided . . ..... the periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55 they shall not spread over more than ten and a half hours in and day : provided ..... (1) the periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of ..... (2) the working day of an adult worker shall be so arranged that inclusive of the intervals for rest, if any, it shall not spread over than twelve .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1893; 1965CriLJ90; [1964(9)FLR147]; (1964)0GLR80; (1964)GLR819(SC); (1964)IILLJ456SC; [1964]7SCR656
..... he found seven workmen working on a machine and on examining the notice of period of work for adult workers and the register of workers he found that three of the workmen belonged to a group which was expected to begin work from 7 a.m. ..... the notice shows 'the periods during which adult workers may be required to work' and these words are descriptive of the scheme of the employment of labour in the factory but are not apt to contemplate the time of employment for each individual worker. ..... section 62 next provides that a register of adult workers shall be maintained in which will be shown (a) name of each adult workers in the factory; (b) the nature of his work; (c) the group, if any, in which he is included; (d) where this group works on shifts, the relay to which he is allotted and (e) such other particulars as may be prescribed. ..... - (1) there shall be displayed and correctly maintained in every factory in accordance with the provisions of sub-section (2) of section 108, a notice of periods of work for adults showing clearly for every day the periods doing which adult workers may be required to work. ..... - no adult worker shall be required or allowed to work in any factory otherwise than in accordance with the notice of periods of work for adults displayed in the factory and the entries made beforehand against his name in the register of adult workers of the factory.' 5. ..... notice of periods of work for adults. ..... section 61 deals with the notice of periods of work for adults. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIAD(SC)205; AIR1996SC1496; 1996(2)BLJR1251; JT1996(2)SC368; 1996(4)KarLJ594; 1996(2)SCALE182; (1996)9SCC171; [1996]2SCR376; 1996(1)LC768(SC)
..... while determining the ceiling area in the hands of a land-holder whether governed by mitakshara law or governed by mohammedan law no additional unit is given to an adult son of the land-holder and, therefore, the earlier view expressed by patna high court in imamul hassan choudhry's case reported in : air1982pat89 lays down law ..... appearing for the respondents, on the other hand, contended that if the adult son a land holder governed by mitakshara school of hindu law is entitled to an additional unit there is no justification in denying the same to the adult son of a land holder governed by the mohammedan law and therefore, the ..... land holder aftab ahmed, the member, board of revenue came to the conclusion that an adult son of a land holder governed by mohammedan law would be entitled to a separate unit since an adult son of a land holder governed by the mitak-shara school of hindu law is entitled ..... as by justice agrawal approached the problem on incorrect premise as if under the act the adult son of a land-holder governed by mitakshara school of hindu law has been given an additional ..... that under the act there is no provision which confers additional unit in case of a land holder governed by mitakshara school of hindu law on the adult son and, therefore, the majority view expressed by chief justice is vitiated on account of such erroneous approach and the ultimate conclusion that the adult son of a mohammedan land-holder would be entitled to additional unit is unsustainable in law. mr. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1962]44ITR352(SC)
..... court had found that the partition effected in the family of the appellant did not show that only the adult coparceners exercised their right to become divided in status from the other member of the family, took their ..... in the case and in fact the general tenon or the conduct of the parties at the relevant time unambiguously suggests that it was a case where the adult coparceners had left the family after taking their shares and the status of the remaining coparceners was left unaffected. mr. ..... of the appellant, his application made under section 25a, his declarations to the department, the conduct of the adult sons, the statements made by all the parties in respect of the portion and particularly to the order passed under ..... of the partition the member of the family were divided into two groups - the four adult sons constituted one group though they were later divided into se and the appellation and his undivided ..... court was not impressed by the arguments urged before it on behalf of the appellant that under hindu law what had taken place in the family was that the adult members had left the family living the status of the appellant and his minor sons unaffected. ..... of the original undivided family continuing during the accounting year was inappropriate because the family business was stopped on the 14th that , vishu, and his four adult sons had gone out of the family and on the 15th that , vishu, his adult sons had started separate business and he had also started a separate business. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC583; 57(1984)CLT456(SC); 1984(1)SCALE72; (1984)2SCC25; [1984]2SCR401
..... 4(1)(c) of the orissa municipal act, 1950 in view of the proviso to section 4(1) which contemplates that a declaration shall not be made under this sub-section unless the state government are satisfied that two-thirds of the adult male population of the town to which it refers are chiefly employed in pursuits other than agriculture and that such a town contains not less than 10,000 inhabitants and an average number of not less than 1000 ..... (h)...provided that a declaration shall not be made under this sub-section unless the state government are satisfied that two-thirds of the adult male population of the town to which it refers, are chiefly employed in pursuits other than agricultural, and that such town contains not less than ten thousand inhabitants and an average number of not less than ..... on the basis of these census figures it is argued that out of the total male population of 2640 of grama ektali only 1586 adults were engaged in non-agricultural pursuits but the requirement of law was that two-third of the male population should have been employed in the non-agricultural pursuits, which comes to 1760.15. ..... but a bare persual of the proviso clearly indicates that the requirement is that two-thirds of the adult male population of the town to which it refers should be engaged in non-agricultural pursuits. ..... the emphasis of the appellant is that two-third of the adult male population of the grama should be chiefly employed in pursuits other than agricultural. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IXAD(SC)582; AIR1997SC699; (1997)3GLR2306; (1997)IILLJ724SC; 1996(9)SCALE42; (1996)6SCC756; [1996]Supp9SCR726; 1997(1)LC243(SC)
..... in article 47 relating to raising of standard of living of the population, and articles 39(e) and (f) as to non-abuse of tender age of children and giving opportunities and facilities to them to develop in healthy manner, for asking the state to see that an adult member of the family, whose child is in employment in a factory or a mine or in other hazardous work, gets a job anywhere, in lieu of the child. ..... the very large number of child labour in the aforesaid occupations would require giving of job to very large number of adults, if we were to ask the appropriate government to assure alternative employment in every case, which would strain the resources of the state, in case it would not have been able to secure job for an adult in a private sector establishment or, for that matter, in a public sector organisation. ..... according to the author, the causes of failure are : (1) poverty; (2) low wages of the adult; (3) unemployment; (4) absence of schemes for family allowance; (5) migration to urban areas; (6) large families: (7) children being cheaply available; (8) non-existence of provisions for compulsory education; (9) illiteracy and ignorance of parents; and (10) traditional attitudes. ..... the aforesaid would either see an adult (whose name would be suggested by the parent/guardian of the concerned child) getting a job in lieu of the child, or deposit of a sum of rs. ..... in case of getting employment for an adult, the parent/guardian shall have to withdraw his child from the job. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC300; (1978)1SCC109; [1978]2SCR261; 1978(10)LC7(SC)
..... even) if this contention is not accepted, and it is found that 8 sons were members of a joint family, as the impugned alienations were as a result of joint deliberations and unanimous decision of all of the eight sons and other adult members of the family, it must be presumed to be a prudent transaction as the entire family properties were preserved for 8 sons though it was by transferring them to a company, and that the alienations were for the benefit of the ..... of a joint hindu family has power to alienate for value joint family property, so as to bind the interest of both adult and minor coparceners in the property, provided that the alienation is made for legal necessity, or for the benefit of estate. ..... the other members who were brothers of the karta and who were adults at the time of the contract were also impleaded in the suit ..... bearing in mind the fact that all the adult members unanimously joined in the transaction after deliberations by all of them and that the entire properties were transferred in equal shares to the company of which the 8 sons were only shareholders, we will proceed to ..... disclose that the transactions were entered into not only by all the eight sons but also by all the adult coparceners of the eight branches. ..... was only for the purpose of preserving the properties for all the members after due deliberations by all the adult members. ..... be denied that the transections were the result of joint deliberations and unanimous decision of all the adult members. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC578; (1961)ILLJ339SC; (1964)ILLJ9SC; [1959]1SCR12
..... wages in certain employments and the appropriate government was thereby empowered to fix different minimum rates of wages for (i) different scheduled employments; (ii) different classes of work in the same scheduled employment; (iii) adults, adolescents, children and apprentices; and (iv) different localities; and (v) such minimum rates of wages could be fixed by the hour, by the day or by any larger period as may be prescribed. 77 ..... had been drawn, for instance, in australian industrial terminology between the basic wage and the minimum wage, - 'the basic wage there approximates to a bare minimum subsistence wage and no normal adult male covered by an award is permitted to work a full standard hours week at less than the assessed basic wage rate ..... .' the queensland industrial conciliation and arbitration act provides that the basic wage paid to an adult male employee shall not be less than is 'sufficient to maintain a well-conducted employee of average health, strength and competence and his wife and a family of three children in a fair and average standard ..... . in a subsequent case he observed that 'treating marriage as the usual fate of adult men, a wage which does not allow of the matrimonial condition and the maintenance of about five persons in a home would not be ..... . the basic wage is expressed as the minimum at which normal adult male unskilled workers may legally be employed, differing from the amounts fixed as legal minima for skilled and semiskilled workers, piece .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2009)5MLJ587(SC); 2009(3)SCALE22; (2009)3SCC200; 2009(2)LC850(SC):2009AIRSCW2819
..... effect in the election of president and vice-president under articles 55 and 66 respectively, but no such provision has been made in article 326 which postulates election to the house of people and the legislative assemblies on the basis of adult suffrage and argued that the right of negative voting in secrecy cannot be read into article 326 of the constitution by implication ..... adequate measures to protect the right of an elector not only to refuse to cast vote after going to the polling booth but also the right to indicate positive negation for all candidates and that too in secrecy because adult suffrage has been treated as an essential component of democracy ..... it also requires to be well understood that democracy based on adult franchise is part of the basic structure of the constitution. ..... the will is expressed in periodic elections based on universal adult suffrage held by means of secret ballot.... ..... . in last five decades, the courts of this country have repeatedly held that democracy is one of the basic features of the constitution and free and fair election based on universal adult suffrage is an essential component of democracy ..... the right of an adult to take part in election process either as a voter or a candidate could be restricted by a valid law which does not offend constitutional provisions.shah, j. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC128; [1963]2SCR986
..... carrying with it the duty to decide during the absence of the karnavan whether a particular alienation should be effected for meeting a family necessity is delegated to mukthiar so that he can exercise that power with the concurrence of the adult members during the absence of the karnavan as and when occasion rises is a perfectly valid agreement. ..... it would, therefore, be legitimate for us to assume that the power of attorney empowered the third defendant to sell family property with the consent of the other adult members of the family for family necessity if he formed the opinion that it was necessary to do so. ..... with two minor member of the tarwad for setting aside a registered assignment deed (hereafter referred to as sale deed) executed by his mukthiar karanakara menon, who is junior member of the tarwad and by all the other adult member of the tarwad on 17.6.1117 (m.r.). ..... 3, acting as the mukthiar of the karnavan, to effect the sale in associating with the other adult members of the tarwad. ..... 3 in which the other adult members of the family has joined and it was pointed out that none of them has been challenged by the plaintiffs, suggesting thereby that they accepted the validity of transactions of a similar kind. 7. .....
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