Judgment Search Results Home > Cases Phrase: children pledging of labour act 1933 Page 1 of about 21 results (0.067 seconds)

M.C. Mehta Vs. State of Tamil Nadu and Others

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)

..... of the commission came to be discussed in the legislative assembly and the children (pledging of labour) act, 1933 came to be passed, which may be said to be the first statutory enactment dealing with child labour. ..... has been pointed out by myron weiner (at page 4 of 1991 edition) of his book 'the child and the state in india' that india is a significant exception to the global trend toward the removal of children from the labour force and the establishment of compulsory, universal primary school education, as many countries of africa like zambia, ghana ivory coast, libya, zambia, zimbabwe, with income levels lower than india, have done better in these ..... as on today, the following legislative enactments are in force prohibiting employment of child labours in different occupations:(i) section 67 of factories act, 1948:prohibition of employment of young children-no child who has not completed his fourteenth year shall be required or allowed to work in ..... it has been first pointed out that the occupations and processes dealt by the act are same about which the repealed statute (employment of children act, 1938) had mentioned, except that in part b, one process has been added the same being 'building and ..... shown our concern in this sphere ever since the international labour organisation, set up in 1919 under the league of nations, had felt that there should be international guidelines by which the employment of children under a certain age could be regulated in industrial undertakings. .....

Ar.Rm.Sp. Subramanian Chettiar Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1982)2ITD485(Mad.)

..... , in a purely domestic context it may happen that even an old man of 70 may be considered to be a child by his mother of 90.again, for the purpose of the children (pledging of labour) act, 1933, 'child' means a person who is under the age of 15 years ..... is the genuine case which is intended to be relieved by the income-tax (second amendment) act, 1933, and the question arises as to the nature and extent of the restriction, which will exclude from relief only the case in which a father is attempting to obtain an allowance for what is, in effect, merely the cost of maintenance of his children. ..... a member of the firm and since the minor daughter was admitted only to the benefits of partnership, her income could be added only to that of her father.5. but, by an amendment made by the taxation laws amendment act, 1975 with effect from 1-4-1976, the words 'in which such individual is a partner' were omitted from section 64(1)(iii) ..... a historical perspective of the legislation relating to the inclusion of the income arising to minor children in the total income of the assessee is required to appreciate the question raised in these ..... income-tax enquiry commission, 1936 had observed : there is also a growing and serious tendency to avoid taxation by the admission of minor children to the benefits of partnership in the father's business. ..... . prem bhai parekh [1970] 77 itr 27 that section 16(3) of the 1922 act, analogous to the present section 64, creates an artificial income and it must receive a .....

A. Srirama Babu Vs. the Chief Secretary to the Government of Karnataka ...

Court : Karnataka

Reported in : ILR1997KAR2269; 1998(1)KarLJ191

..... children (pledging of labor) act, 1993 4. ..... sickly girls whose business like that of the poor worm is to produce with patient toil, the finery that bedecks the thoughtless and luxurious, traverse our streets, making towards the scene of their daily labour and catching as if by stealth in their hurried walk, the only gasp of wholesome air and glimpse of sunlight which cheers this monotonous existence during the long train of hours that makes a working day ..... is the description given by the cacl as to the consequence suffered by a child laborer at the end of the avocation he carries on: '11.2 also, the study reports make it clear that although many of the economic activities in which children are engaged have not yet been categorised as 'hazardous' with respect to the child labor act and are, therefore, not on the list of banned occupations, they do indeed pose a risk to the health, growth and well-being of the ..... , americas watch, and caribbean rights, harvesting oppression : forced haitian labor in the dominican sugar industry (new york : human rights watch, 1990)'.the following is the graphic description of the pathetic conditions of a child forced to labour for his employer described by charles dickens in his well known novel 'nicholas nickleby'. ..... these recorded instances indicate the existence of child labour in other countries as well in a pronounced manner. ..... in india the earliest legislative attempt in this behalf to prevent child labour commenced in 1850. .....

Kusum Sharma Vs. Mahinder Kumar Sharma

Court : Delhi

..... order, nor, without the leave of the court, to cross-examine any witness upon any answer given in reply to any such question: provided that the judgment must be based upon facts declared by this act to be relevant, and duly proved: provided also that this section shall not authorize any judge to compel any witness to answer any question or to produce any document which such witness would be entitled to ..... approaches, as we perceive, not only defeat the command of the legislature but also frustrate the hope of wife and children who are deprived of adequate livelihood and whose aspirations perish like mushroom and possibly the brief candle of sustenance joins the ..... anil kumar verma, (1995) 1 scc421 the supreme court observed that to enable the courts to ward off unjustified interference in their working, those who indulge in immoral acts like perjury, pre-variation and motivated falsehoods have to be appropriately dealt with, without which it would not be possible for any court to administer justice in the true sense and to the satisfaction ..... pending as well as decided cases including civil, criminal, labour, income tax, excise, property tax, mact, etc ..... regard being had to the solemn pledge at the time of marriage and also in consonance with the statutory law that governs the field, it is the obligation of the husband to see that the wife does not ..... sacrosanct duty to render the financial support even if the husband is required to earn money with physical labour, if he is able bodied. .....

KPT Employees Welfare Trust Vs. Commissioner of Income-tax, Rajkot-I

Court : Gujarat

..... 1995- (1) cash benefits to a member of the fund,- (a) on superannuation, or (b) in the event of his illness or illness of his spouse or dependent children, or (c) to meet the cost of education of his dependent children; or (2) cash benefits to the dependents of a member of the fund in the event of the death of such member. ..... 40 of 1973 by which section 14(ia) was introduced, it is clearly mentioned that national commission of labour has recommended that in order to check the growth of arrears, penalties for defaults in payment of provident fund dues should be more stringent and the default ..... that it is always a matter for argument whether or not this statutory definition is to apply to the word "workman" as used in the particular clause of the act which is under consideration, for this word may both be restricted or expanded by its subject matter. ..... , i think due weight ought to be attributed to the words "otherwise requires" in the companies act, 1929, and it is incumbent on those who contend that the definition does not apply to sect ..... enshrined in our constitution it would indeed be startling for anyone to suggest that the court should shut its eyes to social justice and consider and interpret a law as if our country had not pledged itself to bringing about social justice. ..... the context in which a particular word is used are of great importance and it is axiomatic that the object underlying the act must always be kept in view in construing the context in which a particular word is used. .....

Bhuwan Mohan Singh Vs. Meena and ors.

Court : Supreme Court of India

..... approaches, as we perceive, not only defeat the command of the legislature but also frustrate the hope of wife and children who are deprived of adequate livelihood and whose aspirations perish like mushroom and possibly the brief candle of sustenance joins the ..... includes determination of grant of maintenance to the persons as entitled under that provision, should allow adjournments in an extremely liberal manner remaining oblivious of objects and reasons of the act and also keeping the windows of wisdom closed and the sense of judicial responsiveness suspended to the manifest perceptibility of vagrancy, destitution, impecuniosity, struggle for survival and the emotional fracture, ..... section 125 of the code, it must be remembered, are of a summary nature and are intended to enable destitute wives and children, the latter whether they are legitimate or illegitimate, to get maintenance in a speedy manner. ..... court judges shall remain alert to this and decide the matters as expeditiously as possible keeping in view the objects and reasons of the act and the scheme of various provisions pertaining to grant of maintenance, divorce, custody of child, property disputes, etc. ..... regard being had to the solemn pledge at the time of marriage and also in consonance with the statutory law that governs the field, it is the obligation of the husband to see that the wife does ..... duty to render the financial support even if the husband is required to earn money with physical labour, if he is able bodied. .....

Chepuri Hanumantha Rao Vs. Chepuri Uma Bala

Court : Andhra Pradesh

..... and said duty continues, to lead a life similar to him with all dignity according to their social status and strata, regard being had to solemn pledge at the time of marriage and also in consonance with statutory law that governs the field to see that his wife does not become a destitute as ..... by wife but for specifically if at all under section 18 of the hindu adoptions and maintenance act, for divorced wife is not wife there under; on that ground he cannot avoid maintenance that too ..... police of she attempted to commit suicide for not begetting children and on depression by conserving pills and cut her hands and she gave statement to the u.k. ..... chapter,- (a) minor means a person who, under the provisions of the indian majority act, 1875 (9 of 1875 ); is deemed not to have attained his majority; (b) ..... the provisions of the act, they are not immoral ..... children ..... women and children must inform ..... plea regarding the acts of cruelty and desertion ..... order for maintenance of wives, children and parents: (1) if any person having sufficient means neglects or refuses to maintain- (a) his wife, unable to ..... act empowers the court exercising jurisdiction under the act, at the time of passing of the decree or at any time subsequent thereto, to direct the spouse that he shall pay maintenance to the applicant under section 25 of the said act ..... children as co-petitioners in claiming maintenance or even in awarding maintenance by the court including for the minor children ..... act ..... children ..... acts of cruelty even ..... children. ..... act .....

Prof. P.K. Chandla Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 121(2005)DLT142; 2005(83)DRJ319

..... these are not exclusive but merely descriptive:where the concerns underlying a petition are not individualist but are shared widely by a large number of people (bonded labour, undertrial prisoners, prison inmates).where the affected persons belong to the disadvantaged sections of society (women, children, bonded labour, unorganized labour etc. ..... ).where judicial law making is necessary to avoid exploitation (inter-country adoption, the education of the children of the prostitutes).where judicial intervention is necessary for the protection of the sanctity of democratic institutions (independence of the judiciary, existence of grievances redressal forums).where administrative decisions related to development are harmful to the environment and ..... but we must be careful to see that the member of the public, who approaches the court in cases of this kind, is acting bona fide and not for personal gain or private profit or political motivation or other oblique consideration. ..... when there is a valid law requiring the government to act in a particular manner the court ought not to, without striking down the law, give any direction which is not in accordance with law. ..... the limitation within which the court must act, and the caution against the abuse of the same is referred to by bhagwati, j. ..... the courts must, thereforee, act within their judicially permissible limitations to uphold the rule of law and harness their power in public interest. .....

Tapas Kumar Chatterjee Vs. State

Court : Kolkata

Reported in : (2008)1CALLT499(HC)

..... when courts are apprised of gross violation of fundamental rights by a group or a class action or when basic human rights are invaded or when there are complaints of such acts as shock the judicial conscience that the courts, especially this court, should leave aside procedural shackles and hear such petitions and extend its jurisdiction under all available provisions for remedying ..... in such cases, a member of the public having sufficient interest can certainly maintain an action challenging the legality of such act or omission, but if the person or specific class or group of persons who are primarily injured as a result of such act or omission, do not wish to claim any relief and accept such act or omission wilingly and without protest, the member of the public who complains of a secondary public injury cannot maintain the action, ..... to the disadvantaged sections of society (women, children, bonded labour, unorganised labour etc.). ..... to see that the member of the public, who approaches the court in cases of this kind, is acting bona fide and not for personal gain or private profit or political motivation or other oblique consideration. ..... general discussion in regard to locus standi, there is one point we would like to emphasis and it is, that cases may arise where there is undoubtedly public injury by the act or omission of the state or a public authority but such act or omission also causes a specific legal injury to an individual or to a specific class or group of individuals. .....

Kanupriya Sharma vs.state & Anr.

Court : Delhi

..... under section 20 dv act, the magistrate has powers to direct respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may inter alia include the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 cr.p.c. ..... regard being had to the solemn pledge at the time of marriage and also in consonance with the statutory law that governs the field, it is the obligation of the husband to see that the wife does not become a destitute, a beggar. ..... financial suffering of a woman who left her matrimonial home for the reasons provided in the provision so that some suitable arrangements can be made by the court and she can sustain herself and also her children if they are with her. ..... in fact, it is the sacrosanct duty to render the financial support even if the husband is required to earn money with physical labour, if he is able-bodied. ..... the grant of maintenance under the dv act has not been made dependent upon the expression unable to maintain herself ..... under section 12 of dv act, an aggrieved person can approach the magistrate seeking one or more of the reliefs under the dv act. ..... 16,500/- per month from the date of filing of the petition under section 23(1) of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act).2.... .....