Judgment Search Results Home > Cases Phrase: employment of children act 1938 Court: uk supreme court Page 14 of about 277 results (0.054 seconds)

Nlrb Vs. Health Care and Retirement Corp. of America

Court : US Supreme Court

..... congress defined a supervisor as: "[a]ny individual having authority, in the interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with ..... act (act) affords employees the rights to organize and to engage in collective bargaining free from employer ..... legislative history of the 1974 amendments to the act-expressing apparent approval of the application of the board's then-current supervisory test to nurses-does not represent an authoritative interpretation of the phrase "in the interest of the employer" enacted by congress in 1947. ..... dichotomy-between acts taken in connection with patient care and acts taken in the interest of the employer. cf. ..... issue in its recent decision in northcrest nursing home, supra, at 491492, the board believes that its special interpretation of "in the interest of the employer" in cases involving nurses is necessary because professional employees (including registered nurses) are not excluded from coverage under the act. ..... employers complained that this produced an imbalance between labor and management, but in 1947 this court refused to carve out a supervisory employee exception from the act ..... the act did not exempt supervisory employees from its coverage; as a result, supervisory employees could organize as part of bargaining units and negotiate with the employer. .....

Cooverjee B. Bharucha Vs. the Excise Commissioner and the Chief Commis ...

Court : Supreme Court of India

Reported in : AIR1954SC220; [1954]1SCR873

..... the employment of children and women is prohibited in this business and provisions is made authorising the district magistrate for closing shops for the sake of maintenance of public peace. ..... the petition is founded on the following allegations : (1) that the petitioner's fundamental right to carry on trade or business in liquor under article 19(1)(g) had been infringed by the act of the collector of excise, in condoning the failure of the respondent in depositing the whole of the security deposit required under sub-rule 8(a) of rule 6 of the auction rules within the prescribed time and in not reauctioning the ..... it has been enacted in exercise of the legislative power conferred by the government of india act, 1935, seventh schedule, list ii, 'for making laws regarding intoxicating liquors, i.e. .....

Punjab State Civil Supplies Corp. Ltd Vs. Sikander Singh

Court : Supreme Court of India

Reported in : AIR2006SC1438; 102(2006)CLT3(SC); JT2006(3)SC457; (2006)IILLJ14SC; (2006)143PLR206; 2006(2)SCALE670; (2006)3SCC736

..... 2 is concerned, it was submitted that although he had no direct role to play but in view of his acts of non-feasance, he will be liable therefore as he had a duty to supervise the godowns. 11. ..... the contention which has, however, been raised in these appeals, as noticed hereinbefore, is that the respondents are jointly and severally liable for their acts of negligence.13. ..... 2 was to act as a supervisor and in view of the fact that admittedly shortages were found during physical verification of the stock in the godown, the defendant no. .....

Basheshar Nath Vs. the Commissioner of Income-tax, Delhi and Rajasthan ...

Court : Supreme Court of India

Reported in : AIR1959SC149; [1959]35ITR190(SC); 1959Supp(1)SCC528; [1959]Supp1SCR528

..... particular reference to the extent to which the existing law relating to, and procedure for, the assessment and collection of such taxation is adequate to prevent the evasion thereof; (b) to investigate in accordance with the provisions of this act any case or points in a case -referred to it under section 5 and make a report thereon (including such interim report ' s as the commission may think fit) to the central government in respect of all ..... writing direct that such proceedings as it thinks fit under the indian income tax act, 1922, the excess profits tax act, 1940, or any other law, shall be taken against the person to whose case the report relates in respect of the income of any period commencing after the 31st day of december, 1938; and, upon such a direction being given, such proceedings may be taken ..... 'and completed under the appropriate law notwithstanding the restrictions contained in section 34 of the indian income tax act, 1922, or section 15 of the excess profits tax act, 1940, or any other law and notwithstanding any lapse of time or any decision ..... , settlement arrived at in pursuance of sub-section (1), the central government may direct that such proceedings as may be appropriate under the indian income-tax act, 1922 (xi of 1922), the excess profits tax act, 1940 (xv of 1940), or any other law may be taken against .....

Patrick Clive Bailey Vs. the State

Court : South Africa Supreme Court of Appeal

..... the crux of this argument was that, notwithstanding the fact that all these matters involved rape which fell within the purview of s 51(1) of the act, where, absent substantial and compelling circumstances, the court was obliged to impose life imprisonment, this court notwithstanding, did not impose imprisonment for life. ..... having found no substantial and compelling circumstances as envisaged by s 51(3)(a) of the criminal law amendment act 105 of 1997 (the act) the appellant was sentenced to imprisonment for life in terms of s 51(1) of the act. ..... comparison of this case with the three referred to is misguided if the intention is to use them as precedent binding any court not to impose life imprisonment as a sentence, particularly where the offence falls within the purview of s 51(1) of the act. ..... the issue in this appeal is whether the court erred in not finding that the facts put forward by the appellant amounted to substantial and compelling circumstances justifying a sentence other than life imprisonment as envisaged by s 51(3)(a) of the act. .....

James Stewart and Co. Vs. Sadrakula

Court : US Supreme Court

..... under jud.code 237(a) and the act of january 31, 1928, this court has jurisdiction over an appeal from a judgment of a state court of last resort, sustaining a recovery of damages for accidental death, which necessarily upholds a state statute under which the damages were ..... [ footnote 13 ] the tendency toward a uniformity between the federal and surrounding state territory has caused a series of congressional acts adopting the state criminal laws. ..... 101 undertook to extend the provisions of those acts to the places under federal sovereignty. ..... [ footnote 9 ] after this statute was held inapplicable to claims under state workmen's compensation acts, further legislation page 309 u. s. ..... constitution as to the exclusive authority of the united states over a post office site purchased with the consent of new york, [ footnote 1 ] this court has jurisdiction under section 237(a) of the judicial code and the act of january 31, 1928. ..... this occurred as to rights of action for accidental death by negligence or wrongful act. .....

Nirmala Vs. Kulwant Singh

Court : Supreme Court of India

..... order dated 5th february, 2020, decided that the minor child is a child in need of care and protection as defined under section 2(14) of the juvenile justice (care and protection of children) act, 2015,10 and the respondent-father being the biological father and employed in a reputed government post, is able to take care and nurture the child, in result, it directed the sho,11 to take the custody of the minor child from the appellant ..... court,13 allowed the appeal, set aside the order under challenge and held that neither the minor child was a child in care of need and protection as defined under section 2(14) of the jj act nor the cwc had any jurisdiction to pass any order regarding the minor child. ..... 10 hereinafter, jj act 11 sadar police station 5 3.9 aggrieved by the decision of the cwc, the appellant- grandmother filed a criminal appeal on 11th february, 2020 under section 101 of the jj act,12 challenging the order dated 5th february, 2020, passed ..... counsel, submits that the respondent-father is a natural guardian being the father of the minor child under section 6 of the hindu minority and guardianship act, 1956. ..... ought not to have entertained the petition under article 226 of the constitution of india and relegated the respondent-father to the remedy available to him in law under the guardians and wards act, 1890.6. ..... dated 5th february, 2020, passed by the cwc is not only illegal, but without jurisdiction also and the same is not in accordance with the provisions of the jj act. .....

Vidyadhari and ors. Vs. Sukhrana Bai and ors.

Court : Supreme Court of India

Reported in : AIR2008SC1420; 2008(2)ALT12(SC); 2008(1)AWC1061(SC); 2008(56)BLJR1015; (SCSuppl)2008(2)CHN79; 105(2008)CLT833(SC); (2008)3GLR2671; 2008(3)MhLj1; (2008)3MLJ562(SC); RLW2008; 2008AIRSCW910; 2008(2)SCC238; 2008(1)SCALE580; 2008(3)LH(SC)2052

..... we are afraid the decision is of no help to the respondent as basically the issue in that decision was about the legitimacy of the children born to a mother whose first marriage was not dissolved and yet she had contracted the second marriage. ..... learned counsel pointed out that in her application vidhyadhari had specifically mentioned the names of four children as the legal heirs besides herself, while sukhrana bai had claimed that she was the only legal heir of ..... counsel pointed out that in grant of certificate in favour of sukhranai bai, the claim of four children was altogether ignored as, admittedly, sukhrana bai had sought the certificate for herself alone. ..... two separate applications came to be filed under section 372 of the indian succession act for obtaining succession certificate with respect to the movable properties of deceased sheetaldeen, one of them was filed by vidhyadhari registered as succession case no ..... counsel points out that even if the theory of divorce between sukhrana bai and sheetaldeen is described and even if vidhyadhari is not held to be his legal wife since the children admittedly were sired by sheetaldeen, they were legitimate children entitled to inherit sheetaldeen. ..... it was also held that the children smt.savitri, naresh @ ramesh, ms.chanda @ durga and baliram mentioned in sc ..... 45036/- towards gratuity amount of the deceased from the employer of sheetaldeen, i.e. ..... besides herself, disclosed the names of her children as the legal heirs of sheetaldeen. .....

Mohd. Usman Vs. State of Bihar

Court : Supreme Court of India

Reported in : AIR1968SC1273; 1969(17)BLJR162; 1968CriLJ1475; (1971)2SCC188a; [1968]3SCR428

..... disagreeing with the magistrate who tried the case, held that 'the three minor boys, kashi, guhi and subhas, were employed and gobardhan, in any event, was allowed to enter the premises licensed under the rules for manufacture of explosives' in contravention ..... children and intoxicated persons - no child under 16 years of age and no person who is in a state of intoxication shall be employed on the loading, unloading or transport of explosives, or be employed in or allowed to enter any premises ..... issued to the appellant provides : 'not more than four persons shall be allowed at any one time in any one building or tent in which the explosive is being manufactured and only persons actually employed in manufacturing or superintending manufacture shall be allowed inside the place of manufacture.' 6. ..... 1940 - hereinafter referred to as the rules - made under the act, and had thereby committed an offence punishable under s. ..... 5(3)(a) of the indian explosives act, 1884 (iv of 1884) - hereinafter referred to as the act - and sentencing him to undergo rigorous imprisonment for two years and also to ..... 106 of the evidence act does not, as contended by the learned counsel for the state, absolve the prosecution ..... section 5(3) of the act reads thus : 'any person contravening the rules made under this section shall be punishable - (a) if he imports or manufactures any explosive in such contravention, with imprisonment for a term which may extend to ..... 5(3) of the act, and the appellant is sentenced ..... act ..... act .....

The Employees' State Insurance Corporation and Anr. Vs. the Tata Engin ...

Court : Supreme Court of India

Reported in : AIR1976SC66; (1976)ILLJ81SC; (1975)2SCC835; 1975(7)LC879(SC)

..... legislative history of our country on the subject, it is interesting to note that more than hundred years back we had the apprentices act, 1850 and its preamble says 'for better enabling children, and especially orphans and poor children brought up by public charity, to learn trades, crafts and employments, by which, when they came to full age, they may gain a livelihood....learning of craft or trade was the essence of ..... provisions of the entire agreement leads us to the conclusion that the principal object with which the parties enter into an agreement of apprenticeship was offering by the employer an opportunity to learn the trade or craft and the other person to acquire such theoretical or practical 'knowledge' that may be obtained in the course of ..... so far as it is material, section 2(9) reads as follows: employee means any person employed for wages in or in connection with the work of a factory or establishment to which this act applies and- (i) who is directly employed by the principal employer on any work of, or incidental, or preliminary to or connected with work of the factory or establishment, whether such word is done by the employee in ..... is therefore, the dominant object and intent to impart on the part of the employer and to accept on the part of the other person learning under certain agreed terms ..... apprentice is 'a learner of a craft; one who is bound by legal agreement to serve an employer for a period of years, with a view to learn some handicraft, trade, etc. .....