Court : Andhra Pradesh
Decided on : Jul-03-2015
..... or sale of the products of the factory or establishment (2)[or any person engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961 (act no.52 of 1961),(3)[and includes such person engaged as apprentice whose training period is extended to any length of time]. but does not include-].]. ..... and need not be taken into consideration. in other words, for our purpose, person engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961 (act no.52 of 1961) or under the standing orders of the establishment, is relevant.11. section 2(22) defines wages. a glance at this definition ..... and destroy the compulsive character introduced by the legislation.28. hence, the question referred is answered in the negative declaring that the statutory obligations/rights under esi act cannot be contracted out by the employer and the employee/union and such contracts are void and unenforceable. ___________________ dilip b.bhosale, acj ______________ k.c. .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jul-17-2015
..... . the petitioners and others like the petitioners are indulging in the illegal trade and that too indiscriminately and this court deems it to be it's duty and to act as a deterrent to such people, who entertain such similar thoughts and actions. 22. it is seen that the petitioners are indulging in destruction of invaluable natural wealth, ..... , the contraband/red sanders wood has been declared as an endangered species and it has been directed to be included in the schedule to the wild life protection act, 1972 and by its detailed order has been pleased to direct the union government to enact law to include red sandalwood as a specified plant within the meaning ..... as per the declaration of the hon'ble apex court, the respondents have jurisdiction to prosecute for the illegal transportation of the endangered species under the wild life protection act. 6. it is submitted that the hon'ble apex court in its judgment dated 13.02.2012 reported in (2012) 4 supreme court cases 362 has classified and .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jul-17-2015
..... the petitioners and others like the petitioners are indulging in the illegal trade and that too indiscriminately and this court deems it to be it s duty and to act as a deterrent to such people, who entertain such similar thoughts and actions.22. it is seen that the petitioners are indulging in destruction of invaluable natural wealth, ..... species as per the declaration of the hon ble apex court, the respondents have jurisdiction to prosecute for the illegal transportation of the endangered species under the wild life protection act.6. it is submitted that the hon ble apex court in its judgment dated 13.02.2012 reported in (2012) 4 supreme - 7 - court cases 362 has ..... petitioners on bail in crime no.07/2015, registered by nippani town p.s., for the offences punishable under sections379 411 of ipc & section86 87 of k.f. act.-. 3 - these petitions having been heard and reserved for orders and coming on for pronouncement of orders this day, the court made the following: order the petitioners in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-23-2015
..... right which is dependent upon adjudication or determination of questions of law as well as question of fact without taking any resort to the provisions of the act, it is not permissible to move this court on the theoretical basis that there is breach of the fundamental right. whenever a person complains and claims ..... of facts and the provision of a particular statute for which elaborate procedure is prescribed, it cannot conceivably be contended that enforcing of those provisions of the act would breach fundamental right which entitle a citizen to seek recourse to article 32 of the constitution. we are, therefore, clearly of the opinion that relief ..... determined by the procedure envisaged and enjoined by the law for that determination. the petitioner without seeking to take any relief within the procedure envisaged under the act had moved this court for breach of fundamental right. this is not permissible and should never be entertained. in a matter of this nature where liability of .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-10-2015
..... and senior vice president. the appellate tribunal exercises and discharges powers through benches constituted by the president of the appellate tribunal as per section 255 of the act. section 255 reads as under: "255. (1) the powers and functions of the appellate tribunal may be exercised and discharged by benches constituted by the ..... for the case at hand i.e. the nature of the power exercised by the president to constitute a special bench. the apex court, after considering the provisions of the act and the regulations, proceeded to hold as under: " . . . . . . . . . . . . as we have already noted above special benches can be constituted by the president ..... the words 'widespread ramifications' were in the context of 'political sensitivity'. 'political sensitivity' was introduced by the vice president, a concept alien to the income tax act, this aspect we have dealt with in the subsequent paragraph. thus, we do not find that the opinion of the regular bench was a sufficient basis for .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-13-2015
..... the impugned order (exhibit-a) was passed were either not accredited by nbal or notified under section 43 of the food safety and standards act, 2006 ( the act ?) and even if some food laboratories were accredited, they did not have accreditation for the purpose of testing lead in the product. (iii ..... as specified and also ensure a high standard of objectivity, accountability, practicability, transparency and credibility; (e) sanction prosecution for offences punishable with imprisonment under this act; (f) such other functions as the state government may, in consultation with the food authority, prescribe. (3) the commissioner of food safety may, by ..... people oriented. no functionary in exercise of statutory power can claim immunity, except to the extent protected by the statute itself. public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behaviour before authorities created under the statute like the commission or the courts .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-26-2015
..... of the agreement for the double taxation and prevention of fiscal evasion with mauritius ('india mauritius dtaa') read with section 90(2) of the income tax act, 1961 (the 'act')? 2. whether, on the facts and in the circumstances of the case, and on the basis that capital gains earned by the sellers is not ..... of events namely the finance bill, 2013, the clarification issued by the finance ministry regarding the tax residency certificate dated 01.03.2013 and the finance act, 2013 establish beyond doubt that the residence certificate issued by the mauritius authorities must be accepted provided ofcourse it is established that it has been issued by ..... by the government of india in the government of mauritius and the mauritian authorities reiterated in and evidenced by statutory circulars issued under section 119 of the act. 31. consequently, the convention applies to blackstone mauritius and barclays being persons who are residents of one or both the contracting states-india and mauritius. .....
Tag this Judgment!Court : Kerala
Decided on : Sep-14-2015
..... a dispute regarding the terms of employment, working conditions, and disciplinary action taken by a co- operative society notwithstanding anything contrary contained in the industrial disputes act, 1947(central act 14 of 1947)." 10. "co-operative societies" fall under entry 32 of the state list. "industrial and labour disputes" fall under w.a. nos ..... is to the effect that "no civil or revenue court" shall have any jurisdiction in respect of any matter for which provision is made in that act. the kcs act thus uses the terms 'court', 'civil court' and 'revenue court' in different sections of the legislation, particularly relating to exclusion of jurisdiction. when the ..... a dispute regarding the terms of employment, working conditions, and disciplinary action taken by a co-operative society notwithstanding anything contrary contained in the industrial disputes act, 1947(central act 14 of 1947)". w.a. nos.2516 of 2009, 764 of 2010 & 184 of 2010 -:59. :- the apex court after noticing article 254 .....
Tag this Judgment!Court : Kerala
Decided on : Sep-28-2015
..... they have been given a reasonable opportunity of being heard." (emphasis supplied) 45. proceeding further, we may pertinently examine section 11a of the industrial disputes act, 1947, which reads as follows: "11-a. powers of labour courts, tribunals and national tribunals to give appropriate relief in case of discharge or dismissal ..... of industrial adjudication. 21. the learned counsel has drawn my attention to section 84 of the act to contend that it is a specific provision conferring revisional power on the tribunal as regards all interlocutory matters. the contention of the learned counsel ..... contended that the order of the arbitration court passed in the petitioner's interlocutory application has attained finality. in fact, the petitioner, without a demur, acted on it and led evidence, too. in the alternative, the learned counsel has submitted that the petitioner society cannot import into the present adjudication the principles .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-29-2015
..... would overwhelming establish that the plaintiff is the owner of the property and the defendant had recognized such ownership. the defendant relied upon the schedule to the coal mines nationalization act, 1972, to bring home its claim of ownership which fact was known to the defendant at the time when the said defendant was inducted as tenant. ..... was with allahabad bank who was a tenant in respect of the suit premises. accordingly the contention of the defendant that at the time when the coking coal mines nationalization act, 1972 came into force, lodna colliery was owner of the property in question is not only absurd but contrary to record. in support of his ..... defendant discovered certain materials and documents to show that by operation of law the said premises has vested by operation of the provisions of the coking coal mines nationalization act, 1972. the property has vested in the defendant and in obligation to pay view any thereof, rent and the defendant occupation has charges. no .....
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