Judgment Search Results Home > Cases Phrase: employment of children act 1938 Court: uk supreme court Page 10 of about 277 results (0.105 seconds)

Garrett Vs. Louisville and Nashville R. Co.

Court : US Supreme Court

..... , by appointment of the county court, stewart county, tennessee; defendant is a kentucky railroad corporation engaged in interstate commerce; in september, 1909, the deceased was employed as a brakeman on one of its freight trains moving in such commerce; through negligence of its operatives and servants, a collision occurred; in an effort to save his life, he was caught under the engine and held ..... 308 error to the circuit court of appeals for the sixth circuit syllabus the employers' liability act of 1908, prior to the amendment of april 5, 1910, declared two distinct and independent liabilities resting upon the common foundation of a wrongful ..... in case of death, liability to his personal representative for the benefit of the surviving widow or husband and children, and if none, then of the parents, but only for pecuniary loss and damage resulting to them by reason ..... the facts, which involve the construction of the employers' liability act of 1908, and the right of parents to recover for death of an adult son, are stated ..... it is now definitely settled that the act declared two distinct and independent liabilities resting upon the common foundation of a wrongful injury: (1) liability to the injured employee for which he alone can recover, and (2), in case of death, liability to his personal representative "for the benefit of the surviving widow or husband and children," and if none, then of the parents, which extends only to the pecuniary loss and damage resulting to them by reason .....

Chesapeake and Ohio Ry. Co. Vs. Kelly

Court : US Supreme Court

..... 486 the facts, which involve the application of the seventh amendment to cases in the state court under the employers' liability act, the construction and application of that act, and the validity of a judgment in an action thereunder, are stated in the opinion. mr. ..... but the question of the proper measure of damages is inseparably connected with the right of action, and in cases arising under the federal employers' liability act, it must be settled according to general principles of law as administered in the federal courts. ..... experience and skill in the administration of the fund, and it is evident that the compensation should be awarded upon a basis that does not call upon the beneficiaries to exercise such skill, for where this is necessarily employed, the interest return is in part earned by the investor, rather than by the investment. ..... in an action brought in a state court under the employers' liability act, questions of procedure and evidence are to be determined according to the law of the forum; but the question of the proper measure of damages is inseparably connected with the right of action, and must be settled according to general principles of ..... to said addie kelly during her widowhood and while dependent, and pecuniary advantage to said infant children while dependent and until they become twenty-one years of age. ..... the verdict was for $19,011, which was apportioned among the widow and infant children of the deceased, excluding a son who had attained his majority. .....

Eastern Enterprises Vs. Apfel

Court : US Supreme Court

..... [united mine workers of america (umwa)] members had a legitimate expectation of lifetime benefits be- 552 first circuit.4 it is the same understanding that motivated the members of the coal commission to conclude that the operators who had employed the "orphaned miners" should share responsibility for their health benefits.5 and it is fore the 1974 nbcwa, based on the various funds' more than 30-year history of continuous payment of benefits and the statements of coal ..... 1491(a)(1), the court of federal claims has exclusive jurisdiction to render judgment upon any claim against the united states for money damages exceeding $10,000 that is "founded either upon the constitution, or any act of congress or any regulation of an executive department, or upon any express or implied contract with the united states, or for liquidated or unliquidated damages in cases not sounding in tort. ..... coal operators challenged the provisions of the act relating to miners who were no longer employed in the industry, arguing that those provisions violated substantive due process by imposing "an unexpected liability for past, completed acts that were legally proper and, at least in part, unknown to be dangerous at the time ..... the fund's annual reports specified that eligible family members included miners' spouses, children, dependent parents, and (at least after 1955) retired miners and their dependents, and widows and orphans (for a 12-month period) ..... 134 , 147 (1938) (same); national labor relations board v .....

Circuit City Stores, Inc. Vs. Adams

Court : US Supreme Court

..... as adams argued, it is imputing something very odd to the working of the congressional brain to say that congress took care to bar application of the act to the class of employment contracts it most obviously had authority to legislate about in 1925, contracts of workers employed by carriers and handlers of commerce, while covering only employees "engaged" in less obvious ways, over whose coverage litigation might be anticipated with uncertain results. ..... 139 ployees, many of whom lack the bargaining power to resist an arbitration clause if their prospective employers insist on one.3 and excluding all employment contracts from the act's enforcement of mandatory arbitration clauses is consistent with secretary hoover's suggestion that the exemption language would respond to any "objection ... ..... the personal hunger of the seaman, and the hunger of the wife and children of the railroad man will surely tempt them to sign, and so with sundry other workers in 'interstate and foreign commerce. ..... in rejecting the contention that the meaning of the phrase "engaged in commerce" in 1 of the faa should be given a broader construction than justified by its evident language simply because it was enacted in 1925 rather than 1938, we do not mean to suggest that statutory jurisdictional formulations "necessarily have a uniform meaning whenever used by congress. .....

The Pabbojan Tea Co. Ltd., Etc. Vs. the Deputy Commissioner, Lakhimpur ...

Court : Supreme Court of India

Reported in : AIR1968SC271; [1968(16)FLR1]; (1967)IILLJ872SC; [1968]1SCR260

..... then an opportunity of being heard, and after such further inquiry, if any, as it may consider necessary, may, without prejudice to any other penalty to which the employer may be liable under this act, direct - (i) in the case of a claim arising out of payment of less than the minimum rates of wages, the payment to the employee of the amount by which the minimum ..... 3 government might fix a minimum rate to wages for time work, a minimum rate of wages for piece work, a minimum rate of remuneration in the case of employees employed on piece work for the purpose of securing to such employees minimum rate of wages on a time work basis, and a minimum rate (whether a time rate or a piece rate) to ..... the sums mentioned, the judicial committee observed, while dismissing the appeal, that 'in construing the sections it is pertinent, in their lordship's opinion, to ascertain whether the act contains machinery which enables an assessee effectively to raise in the courts the question whether a particular provision of the income-tax bearing on the assessment made is or is not ultra vires. ..... minimum rates in respect of different scheduled employments as also different classes of work in the same scheduled employment for adults, adolescents, children and apprentices as also for different localities. ..... labour' which was again sub-divided into three classes, namely (a) adult male (16 years and above); (b) adult and female (16 years and above) and (c) working children (below 16 years and above 12 years). .....

Chandra Bhavan Boarding and Lodging, Bangalore Vs. the State of Mysore ...

Court : Supreme Court of India

Reported in : AIR1970SC2042; [1969(19)FLR325]; 1970LabIC1632; (1970)IILLJ403SC; (1969)3SCC84; [1970]2SCR600

..... sub-section (3) of that section stipulates that in fixing or revising minimum rates of wages under that section different minimum rates of wages may be fixed in different scheduled employments for different classes of work in the same scheduled employment for adults, adolescents, children and apprentices and for different localities. ..... it reads thus :(1) in fixing minimum rates of wages in respect of any scheduled employment for the first time under this act or in revising minimum rates of wages so fixed, the appropriate government shall either-(a) appoint as many committees and sub-committees as it considers necessary to hold enquiries and advise it in respect of such fixation or revision, as the case may be, or(b) by notification in ..... consultation with advisory bodies has been made obligatory on all occasions of revision of minimum wages, and section 8 of the act provides for the appointment of a central advisory board for the purpose of advising the central as well as the state government both in the matter of fixing and revision of minimum wages. ..... the long title to the act says that it is an act for fixing minimum rates of wages for certain employments. ..... any employment in respect of which it is of opinion that the minimum rates of wages should be fixed under the act.5. ..... the preamble to the, act says that 'it is expedient to provide for fixing minimum rates of wages in certain employments'. .....

Om Prakash Vs. State of Rajasthan and anr.

Court : Supreme Court of India

..... the offence under section 376 ipc, can be allowed to avail the benefit of protection to a juvenile in order to refer him for trial to a juvenile court under the juvenile justice (care and protection of children) act, 2000 (shortly referred to as the juvenile justice act) although the trial court and the high court could not record a conclusive finding of fact that the respondent-accused was below the age of 18 years on the date of the incident? ..... is a hapless father of an innocent girl of 13 b= years who was subjected to rape by the alleged accused-respondent no.2 vijay kumar @ bhanwroo who has been allowed to avail the benefit of protection under juvenile justice (care and protection of children) act 2000, although the courts below could not record a finding that he, in fact, was a juvenile since he had not attained the age of 18 years on the date of incident. ..... . shri joga ram, the father of the accused moved an application under section 49 of the juvenile justice (care and protection of children) act, 2000 stating that the date of birth of his son was 30.6.1990 in his school administration record and, therefore, on the date of incident i.e ..... adds weight and strength to what we have stated which is quoted herein as follows :-it is clear that the petitioner neither was a child nor near about the age of being a child within the meaning of the juvenile justice act or the children act .....

Cox Vs. Ergo Versicherung Ag (Formerly Known as Victoria)

Court : UK Supreme Court

..... whom the rest of the house agreed, identified the relevant question at para 1: "putting the question in the traditional terms of the conflict of laws, what connection between great britain and the employment relationship is required to make section 94(1) the appropriate choice of law in deciding whether and in what circumstances an employee can complain that his dismissal was unfair? ..... subsequent benefits may include the income that the claimant has made or would be likely to make by taking paid employment, together with any maintenance accruing to the claimant through her remarriage or through some other relationship following the birth ..... but the supreme court treated the result in lawson v serco ltd as illustrative of a broader principle that employment abroad might exceptionally have "such an overwhelmingly closer connection with britain and with british employment law than with any other system of law that it is right to conclude that parliament must have intended that the employees should enjoy ..... as a general rule the application of section 94 should depend on whether the employee was working in england when he was dismissed, but that exceptionally the act might be applied where the employment relationship was substantially connected with the united kingdom. ..... " duncombe v secretary of state for children, schools and families (no 2) [2011] icr 1312, did not concern an extra-territorial enclave ..... has entered into a new relationship and has had two children with her new partner. 2. .....

A (Appellant) Vs. Essex County Council (Respondent)

Court : UK Supreme Court

..... viii of the collected edition of the "travaux preparatoires " of the european convention on human rights (1985) explains why, uniquely, a negative formulation was used to describe the right in a2p1: "while education is provided by the state for children, as a matter of course, in all member states, it is not possible for them to give an unlimited guarantee to provide education, as that might be construed to apply to illiterate adults for whom no facilities exist, or to types or standards of education ..... 11) that the authority must seek: (a) advice from the child's parent; (b) educational advice (usually from the head teacher of the child's school); (c) medical advice from the health authority; (d) advice from an educational psychologist employed by the authority; (e) advice from social services; and (f) any other advice which the authority considers appropriate for the purposes of arriving at a satisfactory assessment. ..... was a time, before the education (handicapped children) act 1970, when children who were suffering from a severe disability of mind could be declared "unsuitable for education at school" (see schedule 2 to the mental health act 1959) ..... by section 19, a local authority is under a duty to make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made .....

Uttar Pradesh Power Transmission Corporation Ltd. Vs. Cg Power And Ind ...

Court : Supreme Court of India

..... the facilities, including any plant and machinery, provided; (e) the arrangements for the storage of explosives, if any, to be used in the building or other construction work; (f) the number of workers likely to be employed during the various stages of building or other construction work; (g) the name and designation of the person who will be in overall charge of the building or other construction work at the site; (h) the approximate ..... on such terms and conditions as may be prescribed; 7 (d) pay such amount in connection with premia for group insurance scheme of the beneficiaries as it may deem fit; (e) give such financial assistance for the education of children of the beneficiaries as may be prescribed; (f) meet such medical expenses for treatment of major ailments of a beneficiary or, such dependant, as may be prescribed; (g) make payment of maternity benefit to the female beneficiaries; and ..... may-- (a) with such assistance, if any, as he or it may think fit, enter at any reasonable time any place where he or it considers it necessary to enter for carrying out the purposes of this act including verification of the correctness of any particulars furnished by any employer under section 4; (b) do within such place anything necessary for the proper discharge of his or its duties under ..... more them fifty female building workers are ordinarily employed, there shall be provided and maintained, a suitable room or rooms for the use of children under the, age of six years of .....