Judgment Search Results Home > Cases Phrase: employers liability act 1938 Court: guwahati Page 5 of about 329 results (0.035 seconds)

Pritish Ranjan Roy and ors. Vs. State of Tripura and ors.

Court : Guwahati

..... equally injurious effect to indiscriminate regularisations has been that many of the agencies have stopped undertaking casual or temporary works though they are urgent and essential for fear that those who are employed on such works are required to be continued for 240 more days have to be absorbed as regular employee although the works are time bound and there is no need of the workmen ..... the panchayat department illegally during 1990 along with large number of contingent workers without any approval of the finance department, government of tripura, without any vacancy or posts without calling names from employment exchange, without advertising or publishing to the public and both, without constituting selection committee to conduct selection, interview or to follow reservation policy and all these deployment was from backdoor in defiance ..... not in accordance with law the provisions of the act, 1947 are attracted for the reason that provisions of section 25-j of the act have over-riding effect on other laws because the legislature, in its wisdom, thought that the rights and liabilities arising out of the law and retrenchment should be uniform throughout wherever the act was in force and every state should have its own ..... the writ petitioners deployed as sub-engineers initially as sub-engineer by development authority without intimating to the employment exchange about existing vacancies or without advertising the post or without following rules applicable and the appointment was .....

Special Secy., Govt. of Nagaland and anr. Vs. Ladsie and ors.

Court : Guwahati

..... under it the liability of the insurer is excluded in respect of injury or death, arising out of and in the course of employment of an employee see united india insurance co ..... this is evident from a bare reading of section 165 of the motor vehicles act, 1988, which clearly demonstrates that the tribunal is constituted for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or ..... act, 1988, what may be noted is that under the common law, damages for pecuniary loss, in the cases of tortious liability, are assessed by ascertaining, on the one hand, the loss suffered by the claimant of such pecuniary benefits, which would have accrued to the claimant, but for the death of the person, whose death has given ..... but at the same time, there is nothing in the amending act to show that benefit of deletion of sub-section (3) of section 166 is not be extended to pending claim petitions where a plea of limitation has been raised ..... however, sub-section (3) of section 166 stands omitted by virtue of the motor vehicles (amendment) act, 1994, which came into effect from 14.11.1994. ..... from the amending act it does not appear that the said sub-section (3) has been deleted ..... the material facts and various stages leading to the present appeals, may, in brief, be set out as follows:(i) two claim applications under section 166 of the motor vehicles act, 1988 (in short, 'the m.v. .....

George Williamson (Assam) Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

..... (b) any sum payable by the assessee as an employer by way of contribution to any provident fund or superannuation fund or gratuity fund or any other fund for the welfare of employees, shall be allowed (irrespective of the previous year in which the liability to pay such sum was incurred by the assessee according to the method of accounting regularly employed by him), only in computing the income referred to in section 28 of that previous year in which such sum is actually paid by ..... s1(m) of 1992, the income-tax appellate tribunal has referred the following question under section 256(2) of the income-tax act, 1961 (for short 'the act'), for the opinion of this court : 'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the order of the commissioner of income-tax (appeals) to ..... purpose of answering the question may be narrated as follows : the assessee is a company incorporated under the companies act, owning tea estates and carrying on the business of tea plantation,manufacture of tea and sale thereof. ..... as under : '(1) the provisions of this section shall have effect notwithstanding anything to the contrary contained in any other provision of this act relating to the computation of income under the head 'profits and gains of business or profession'. ..... gogoi, in the present facts and circumstances of the case, section 43b of the act does not apply in the instant case and, therefore, the tribunal committed a manifest error in .....

Special Secretary to Nagaland, Home Department and anr. Vs. Berila

Court : Guwahati

..... in terms of the amendments, which have been so introduced, since after 14th november, 1994, no period of limitations exists for making the claim applications for compensation under section 166 of the m.v, act, 1988, the question, therefore, is this: in respect of an accident, which took place prior to 14th november, 1994 and in respect whereof, no claim for compensation had been made, is it possible to make a claim application if ..... the liability of the insurer is excluded in respect of injury or death, arising out of and in the course of employment of an ..... this is evident from a bare reading of section 165 of the motor vehicles act, 1988, which clearly demonstrates that the tribunal is constituted for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to persons arising out of the use of ..... act, 1988, what may be noted is that under the common law, damages for pecuniary loss, in the cases of tortious liability, are assessed by ascertaining, on the one hand, the loss suffered by the claimant of such pecuniary benefits, which would have accrued to the claimant, but for the death of the person, ..... (3) of section 166 stands omitted by virtue of the motor vehicles (amendment) act, 1994, which came into effect from 14th november, 1994. ..... but at the same time, there is nothing in the amending act to show that benefit of deletion of sub-section (3) of section 166 is not be extended to pending claim petitions where a plea of .....

R.S. Sodhi and anr. and Vs. Partha Pratim Saikia

Court : Guwahati

Reported in : [2009]151CompCas583(Gauhati)

..... carrying on a trading or other speculation for profit, such as, forming a railway, these objects can only be accomplished by the agency of individuals; and there can be no doubt that if the agents employed conduct themselves fraudulently, so that if they had been acting for private employers, the persons, for whom they were acting, would have been affected by their fraud, the same principles must prevail, where the principal, under whom the ..... without having brought on record the natural person(s), whose state(s) of mind is (are) attributable to the 'company' inasmuch as a company's prosecution in respect of an offence, requiring mens rea as its ingredient, is, in essence, nothing but vicarious liability of the 'company' for the acts of omissions or commissions of such a natural person, who has been the 'alter ego' of the 'company' or the 'controlling mind and will of the company ..... the growth of industrialisation and with the expansion of corporate activities, the courts, world over, started extending the concept of criminal liability to the corporate bodies in respect of some offences, such as, public nuisance and such other offence(s), which do not really ..... . what emerges from the above discussion is that though, at the initial stage of the development of law in the field of corporate criminal liability, the views of the courts had been that it is only natural person, who can have criminal state of mind and that a juristic person, such as, a corporate body, not being a natural .....

Dharampal Satyapal Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... held out the promise that all industrial activities shall be free from excise for a period of 10 years from the commencement of production and the appellant(s) has/have acted upon the said promise by setting up new industry it has also been held that the exemption under the notification dated 8.7.1999 was granted pursuant to the industrial ..... central government, being satisfied that it is necessary in the public interest so to do, hereby exempts the goods specified in the first schedule and the second schedule to the central excise tariff act, 1985 (1 of 1986) and cleared from a unit located in the growth centre or integrated infrastructure development centre or export promotion industrial park or industrial estates or industrial area or commercial estate ..... assured 10 years tax holidays and acting on the same, once they had established their industries and spent large amount for constructing the infrastructure, for employing necessary labour and for purchasing the ..... (2) it is the court, which has to determine whether the government should be held exempt from the liability of the 'promise or representation'.in the present case the first notification exempting the customs duty on pvc ..... act on the mere ipse dixit of the government, and it is for the court to decide that the government should be held exempt from liability ..... act on the mere ipse dixit of the government, for it is the court which has to decide and not the government whether the government should be held exempt from liability .....

Anowar HussaIn and anr. Vs. Ajoy Kumar Mukherjee and ors.

Court : Guwahati

..... done by the state or its employees in the process of commercial or industrial undertakings and ventures or operations of that kind, the question of vicarious liability of the state might well arise as in the case of any other employer where the act is done in the course of employment, even though forbidden by the employer; but, acts done in the exercise of sovereign or governmental powers such as making a treaty or commandeering private property for war purposes or quelling disturbances by force, ..... cases where the magistrate applies his mind to take action of some other kind namely the order directing investigation or issuing a search warrant, it may be open to argue that these acts need not have been done after the cognizance had been taken, but when the order of arrest is only permissible after taking cognizance, the order of arrest itself will indicate that the ..... case further was that the state government was legally liable for the plaintiff's false imprisonment caused by defendants 2 to 4 acting in the course of their employment under the government of assam and that the state government by their conduct had in effect ratified the actions of other ..... came for consideration in the case reported in air 1938 cal 177 (a) disposed of by nasim ali and ..... abdul majid, air 1938 cal 177 (a), the sub-divisional officer, who had powers to issue an order for search and seizure under section 96 of the code of criminal procedure, issued such an order, without ..... congress working committee till 1938. .....

Hamida Khatun and ors. Vs. Loobha Tea Co. Ltd. and ors.

Court : Guwahati

..... of the use of the vehicle in a public place:provided that a policy shall not be required -(i) to cover liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee -(a) engaged in driving the ..... of the use of the vehicle in a public place :provided that a policy shall not be required -(i) to cover liability in respect of the death, arising out of and in the course of his employment of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee -(a) engaged in driving the .....

Nandlall and Sons Tea Industries (P) Ltd. and anr. Vs. State of Assam ...

Court : Guwahati

..... for the payment of wages and give them an opportunity of being heard and after such further enquiry, if any, as may be necessary may without prejudice to any other penalty to which such employer or the other person is liable under the act, direct the refund to the employee of the amount deducted or payment of the delayed wages together with such compensation as the authority may think fit subject to the computations provided in the provision.30. ..... officer on the same date rejected the said application on the ground that the petitioners had not denied the liability as per section 9 of the recovery act and that there was no provision for hearing them at that stage. ..... considering the primary objective of according an opportunity to the certificate debtor to deny his liability as comprehended in section 9 of the recovery act and the serious adverse consequence that would visit him, would the insistence for such a dogmatic observance of the form sub serve the purpose thereof and be in accord with the legislative intendment ..... 41,53,000/ - had been filed and that if they sought to deny their liability, they could file an application to that effect within 30 days from the service ..... 41,53,000/- was due and that if they sought to deny the liability they could within 30 days from the service thereof file a petition to the ..... issued to the petitioners under the wages act whereupon they duly appeared before the authority and admitted their liability to make payment of the amount specified. .....

National Insurance Co. Ltd. Vs. Okram Subhash Chandra Singh and anr.

Court : Guwahati

..... use of the vehicle in a public place:provided that a policy shall not be required:(i) to cover liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workman's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee(a) ..... resulting from an accident of the nature referred to in sub-section (1) of section 140 and for this purpose, the provisions shall, with necessary modifications, be deemed to form part of that act.147 requirement of polices and limits of liability (1) in order to comply with the requirements of this chapter, a policy of insurance must be a policy which--(a) is issued by a person who is an authorized insurer; and(b) insurers the person or classes or persons specified in the policy ..... engaged in driving the vehicle, or(b) if it is a public service vehicle engaged as a conductor of the vehicle or in examining tickets on the vehicle, or(c) if it is a goods carriage, being carried in the vehicle, or(ii) to cover any contractual liability.explanation-xxx xxx xxx xxx(2)xxx xxx xxx xxx(3) .....