Court : Punjab and Haryana
..... amended provision in section 2-a (2) of the industrial disputes act, 1947 ("the act") by approaching the labour court-iii, faridabad. anita kumari had earlier to the period in question worked intermittently with the management in 2007 and 2008 and had suffered two termination orders before she was appointed on march 02, 2009 as an apprentice ..... (learner), a post not covered under the apprentices act, 1961 ("1961 act") because it was so stated by the management itself in the appointment ..... in the factory and whether it was allowed by him. the labour court neeed not have travelled that far since the worker was not an apprentice under the apprentices act which was the admitted position but the findings do fortify the conclusion. 6. the labour court on appreciating the evidence on record has held .....
Tag this Judgment!Court : Punjab and Haryana
..... note that the ceiling limit was increased from ` 2,500/- to ` 3,500/-, as per amending act no.45 of 2007. the said act also introduced the concept of bonus civil writ petition no.13491 of 2009 5 linked with production or productivity by amending act no.23 of 1976. thus, a concept of bonus based originally on profit alone was expanded by ..... where (i) where an agreement or a settlement has been entered into by the employees with their employer before the commencement of the payment of bonus (amendment) act, 1976 (23 of 1976).or (ii)where (ii)where the employees enter into any agreement or settlement with their employer after such commencement, for payment ..... a government employee. now, turning to the provisions of the payment of bonus act, 1965 (for short 'the act').an employee is defined under clause (13) of section 2, being the definition clause, as under:- (13) "employee" means any person (other than an apprentice) employed on a salary or wage not exceeding ten thousand rupees per mensem in .....
Tag this Judgment!Court : Karnataka
..... ) ltd. v. kanchan mehta, (2018) 1 scc560: (2018) 1 scc (civ) 405 : (2018) 1 scc (cri) 477]. do not lay down correct law. to conclusively deal with this aspect, amendment to the act empowering the trial courts to reconsider/recall summons in respect of complaints under section 138 shall be - 52 - nc:2024. khc:38869 crl.p no.9909 of 2017 c ..... wordings of a section and, thus, without making any allegation that respondents 2 and 3 had any role to play in the matter of issuance of cheque or 1(2007) 5 scc54| 2007 insc397- 21 - nc:2024. khc:38869 crl.p no.9909 of 2017 c/w crl.p no.463 of 2018 the dishonour thereof, no order issuing summons as against ..... as a whole, then section by section, clause by clause, phrase by phrase and word by word. the same principle has been reiterated in deewan singh v. rajendra pd. ardevi [(2007) 10 scc528 and sarabjit rick singh v. union of india. applying the doctrine of strict construction, we are of the considered opinion that commission of offence by the company is .....
Tag this Judgment!Court : Karnataka
..... ) ltd. v. kanchan mehta, (2018) 1 scc560: (2018) 1 scc (civ) 405 : (2018) 1 scc (cri) 477]. do not lay down correct law. to conclusively deal with this aspect, amendment to the act empowering the trial courts to reconsider/recall summons in respect of complaints under section 138 shall be - 52 - nc:2024. khc:38869 crl.p no.9909 of 2017 c ..... wordings of a section and, thus, without making any allegation that respondents 2 and 3 had any role to play in the matter of issuance of cheque or 1(2007) 5 scc54| 2007 insc397- 21 - nc:2024. khc:38869 crl.p no.9909 of 2017 c/w crl.p no.463 of 2018 the dishonour thereof, no order issuing summons as against ..... as a whole, then section by section, clause by clause, phrase by phrase and word by word. the same principle has been reiterated in deewan singh v. rajendra pd. ardevi [(2007) 10 scc528 and sarabjit rick singh v. union of india. applying the doctrine of strict construction, we are of the considered opinion that commission of offence by the company is .....
Tag this Judgment!Court : Karnataka
..... . in vidyodaya trust s case (supra), hon ble supreme court took note of changes brought about by insertion of sub-section (3) in section 92 of cpc by amendment of year 1976. it held, intention of legislature was to shield public trusts from frivolous litigation and for - 22 - nc:2024. khc:35664 mfa no.8514 of ..... prasad r, reported in (2008) 4 scc115 hon ble supreme court had referred to decision in swami paramatmanand s case (supra), it was held, object of amendment to section 92 of cpc by inserting sub-section (3) was to protect public trusts from being subjected to harassment by frivolous suits. it was further held, said ..... contributed lacks of rupees during annual fair etc. it was also stated though several attempts were made calling upon office bearers to render accounts (including filing applications under rti act and issuing legal notices), they were orally abused and denied information. attention was drawn to specific and unequivocal assertion that majority of defendants no.2 to 11 had .....
Tag this Judgment!Court : Karnataka
..... with in the light of 4 (2014) 11 scc790| 2013 insc612- 21 - nc:2024. khc:27618 crl.p no.697 of 2018 section 145 of the ni act which was introduced by an amendment in the year 2002?.30. in the light of the discussion, we are of the view that the power-of-attorney holder may be allowed to file, ..... reliefs as are just.2. the petitioner united spirits limited (usl) claims to be a leading liquor manufacturer in india, originally incorporated as mcdowell spirits limited under the companies act, 1956, listed on the national stock exchange limited and the bombay stock exchange limited. the complainant had filed a complaint seeking prosecution of the accused and certain officials employed ..... appear and depose for the purpose of issue of process for the offence punishable under section 138 of the ni act. an exception to the above is when the .....
Tag this Judgment!Court : Supreme Court of India
..... be adduced and was not admissible in evidence. the learned trial judge held that in view of the provisions of the uttar pradesh civil laws (reforms and amendment) act, 1976, which came into force on 31st december 1976, an agreement for sale was compulsorily registrable in the state at the relevant time. therefore, the ..... or sham. on question (c) 13. the three courts concurrently found that under the uttar pradesh civil laws (reforms and amendment) act 1976, clause (v) of section 17(2) of the registration act 1908 was amended, which made an agreement for the sale of an immovable property, a compulsorily registerable document in the state. on this aspect ..... , senior advocate appearing for the petitioners submits that after coming into force of the uttaranchal (the uttar pradesh zamindari abolition and land reforms act, 1950) (adaptation and modification order, 2001) (amendment) act, 2003, the sale of the suit land in terms of the decrees of the court would be violative of the provisions of the .....
Tag this Judgment!Court : Karnataka
..... revoked subsequently by second will dated 16.02.2001. in the first will dated 06.03.1996 only the sons were bequeathed properties and after advent of amendment of the hindu succession act, 1956, he has executed a second will dated 16.02.2001 in favour of the sons and daughters of two wives. it is further contention of ..... 2015 06.03.1996 thereby properties were bequeathed in favour of sons. thereafter, with the advent of amendment of the hindu succession act, revoking the first will 06.03.1996, had executed the second will dated 16.02.2001 by mentioning the amendment of the act and bequeathed the suit schedule properties to all sons, daughters and two wives. but, the third ..... 4 of order xiv of cpc states that court may examine witnesses or documents before framing issues and rule 5 of order xiv of cpc states that power to amend and strike out issues. upon combined reading of these two rules, the court shall have to hear the advocates/parties and after reading the written statement the court .....
Tag this Judgment!Court : Supreme Court of India
..... special commissioner no.2 court vide of delhi police judgement and ors. (c.t. dated 536/2018); u/s 05.06.2018. 4(2) & (3), sc & st amendment act, 2015 r/w rule 5, 6(2) of sc & st rules 1995 xiii. k apil modi v. 10.09.2018 the appellants dismissed amir pasrich administrator by ld. mm, ..... substantially reviewed/modified. in the interregnum, the parliament stepped in and made the amendments vide the scheduled castes and the scheduled tribes (prevention of atrocities) amendment act, 2018 (for short, act no.27 of 2018 ) to the parent act.14. the statutory scheme under the act of 1989, through act no.27 of 2018, has undergone a few major changes. section 18a is ..... the examination of point b would be dependent on the outcome of point a.12. section 4 of the act of 1989 has been substituted by the scheduled castes and the scheduled tribes (prevention of atrocities) amendment act, 2015 (act no.1 of 2016). to appreciate the change in the procedure, for taking cognizance of an offence punishable for .....
Tag this Judgment!Court : Supreme Court of India
..... high court while dealing with an election petition exercises powers under the cpc, those powers are subject to the provisions of the 1951 act and of any rules made thereunder. in consequence, the general power of amendment of a pleading or of grant of leave to file replication, as is 16 (1999) 9 scc386 paragraph 45 civil appeal no ..... comply with the provisions of section 81 or section 82 or section 117 of the 1951 act; (b) the high court may allow the particulars of any corrupt practice alleged in the petition to be amended or amplified, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice, not ..... the rules made thereunder. for example, sub- section (5) of section 86 of the 1951 act provides that the high court may allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may, in its opinion, be necessary for ensuring a fair and effective trial of the petition, .....
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