Judgment Search Results Home > Cases Phrase: employment of children act 1938 Page 3 of about 894 results (0.041 seconds)

Norfolk and Western Ry. Co. Vs. Holbrook

Court : US Supreme Court

..... that the amount recovered should be measured by the pecuniary injury suffered, the court added: "however, the court instructs you that, where the persons suffering injury are the dependent widow and infant children of a deceased husband or father, the pecuniary injury suffered would be much greater than where the beneficiaries were all adults or dependents who were mere next of kin, so that the relation existing ..... bearing the above principles in mind, the jury should assess such damages, not exceeding $40,000, the amount claimed in the declaration, as shall fully compensate the widow and children for all pecuniary loss, as hereinafter explained, suffered by them as the direct result of the death of the husband and father, and in doing so the jury should consider:" "(1) what the earning capacity of ..... while it is proper for the trial court to instruct the jury to take into consideration the care, attention, instruction, guidance and advice which a father may give his children and to include the pecuniary value thereof in the damages assessed, it is not proper to give the jury occasion for indefinite speculation by comparing the rights of the actual beneficiaries with those of the ..... 625 error to the circuit court of appeals for the fourth circuit syllabus under the employers' liability act, where death is instantaneous, the beneficiaries can recover their pecuniary loss and nothing more; but the relationship between them and the deceased is a proper circumstance for consideration in .....

Automobile Workers Vs. Johnson Controls

Court : US Supreme Court

..... decisions about the welfare of future children must be left to the parents who conceive, bear, support, and raise them, rather than to the employers who hire those parents. ..... if, under general tort principles, title vii bans sex-specific fetal-protection policies, the employer fully informs the woman of the risk, and the employer has not acted negligently, the basis for holding an employer liable seems remote, at best. ..... if, under general tort principles, title vii bans sex-specific fetal-protection policies, the employer fully informs the woman of the risk, and the employer has not acted negligently, the basis for holding an employer liable seems remote, at best. ..... " [ footnote 3 ] the act added subsection (k) to 701 of the civil rights act of 1964 and reads in pertinent part: "the terms 'because of sex' or 'on the basis of sex' [in title vii] include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes . . . ..... the court dismisses the possibility of tort liability by no more than speculating that, if "title vii bans sex-specific fetal-protection policies, the employer fully informs the woman of the risk, and the employer has not acted negligently, the basis for holding an employer liable seems remote, at best. .....

Society for Un Aided Private Schools of Rajasthan. Vs. U.O.i. and Anot ...

Court : Supreme Court of India

Reported in : 2012(3)MLJ993; 2012(3)KantLJ177; 2012(6)SCC1; 2012(2)KCCR50SN; 2012(4)SCJ318

..... child labour (prohibition and regulation) act, 1986 prohibits employment of children in certain employments. ..... the factories act, 1948 prohibits the employment of children below the age of 14 years in any factory. ..... mines act, 1952 prohibits the employment of children below 14 years. ..... and the recommendations of the standing committee of parliament, the proposed amendments in part iii, part iv and part iva of the constitution are being made which are as follows:(a) to provide for free and compulsory education to children in the age group of 6 to 14 years and for this purpose, a legislation would be introduced in parliament after the constitution (ninety-third amendment) bill, 2001 is enacted;(b) to provide in article 45 of the constitution that the state shall endeavour ..... learned attorney general of india submitted that the values of equality, social justice and democracy and the creation of just and humane society can be achieved only through a provision of inclusive elementary education by admitting children belonging to disadvantaged group and weaker sections of the society which is not only the responsibility of the state and institutions supported by the state but also schools which are not dependent on government funds. ..... reference may be made to chapter-4 of the motor vehicles act, 1938, the banking companies (acquisition and transfer of undertakings) act, 1970, general insurance business (nationalization) act, 1972 and so on. .....

The Catholic Child Welfare Society and Others Vs. Various Claimants (F ...

Court : UK Supreme Court

..... the court had no difficulty in finding that the test was satisfied in bazley, for d1's duties under his employment by d2 included bathing the children and putting them to bed, in jacobi v griffiths (1999) 174 dlr (4th) 71, the other decision reached on the same day, the court applied the same test but, by a majority, reached a ..... since ward lj and i cut our teeth the courts have developed the law of vicarious liability by establishing the following propositions: i) it is possible for an unincorporated association to be vicariously liable for the tortious acts of one or more of its members: heaton's transport (st helens) ltd v transport and general workers' union [1973] ac 15, 99; thomas v national union of mineworkers (south wales area) [1986] ch 20, 66-7; dubai aluminium co ltd v salaam [2002] ukhl 48; ..... long been recognised that there are circumstances in which vicarious liability for the tortious act of a workman can be transferred from his employer to a third person who is using the employee's services under a contract, or other arrangement, with his employer see donovan v laing, wharton and down construction syndicate ltd [1893] ..... at para 54 that the brothers no more acted on behalf of the institute "than any member of a professional organisation who accepts employment with that status is acting on behalf of the organisation when he does ..... held that there was not the strong connection between d1's employment at the club and his acts of abuse that was necessary to give rise to .....

Vinod S. Panicker Vs. Sub Inspector of Police and Another

Court : Kerala

Reported in : 2012(4)KLT314

..... perhaps in the employment of children below the age of 14 years, the question of employment of such children may require further scrutiny even if it is not so an offence under section 26 of the act, but, with reference to prescriptions under different statutes, as may be applicable. ..... a new act titled as "child and adolescent labour prohibition act" which contemplates of total ban of all forms of child labour under the age of 14 years and the employment of children in the 14-18 age group in hazardous activities prohibited and engagement of any child in such age group contrary thereto a cognizable offence, is yet to be passed by the parliament though it is stated to have received the approval of the union cabinet. ..... though the parliament has enacted the child labour (prohibition and regulation) act, 1986 (act 61 of 1986), which came into force on 26.05.1993, to prohibit the children in certain employments and to regulate the conditions of work in certain other employments, it is noticed the "child" to whom such act is applicable is defined thereunder as a person who has not completed his fourteenth year of age. .....

Bailey Vs. Drexel Furniture Co.

Court : US Supreme Court

..... in the light of these features of the act, a court must be blind not to see that the so-called tax is imposed to stop the employment of children within the age limits prescribed. ..... congress there enacted a law to prohibit transportation in interstate commerce of goods made at a factory in which there was employment of children within the same ages and for the same number of hours a day and days in a week as are penalized by the act in this case. ..... labor," provides that any person operating (a) any mine or quarry in which children under the age of sixteen years have been employed or permitted to work during any portion of the taxable year, or (b) any mill, cannery, workshop or factory in which children under the age of fourteen years have been employed or permitted to work, or children between the ages of fourteen and sixteen have been employed or permitted to work more than eight hour in any day, or more than six days ..... that course of business is that employers shall employ in mines and quarries children of an age greater than sixteen years; in mills and factories, children of an age greater than fourteen years, and shall prevent children of less than sixteen years in mills and factories from working more than eight hours a day or six days in the week. .....

Commissioner of Income Tax Vs. Kuipers Tiesto

Court : Mumbai

..... act on account of passage money paid to him by his employer for proceeding on home leave out of india along with his wife and children ..... of april, 1970, the value of any travel concession or assistance received by or due to such individual, - (a) from his employer for himself, his spouse and children, in connection with his proceeding on leave to his home district in india; (b) from his employer or former employer for himself, his spouse and children, in connection with his proceeding to his home district in india after retirement from service or after the termination of his service; ..... prescribe, passage moneys or the value of any free or concessional passage received by or due to such individual - (a) from his employer for himself, his spouse and children, in connection with his proceeding on home leave out of india; (b) from his employer or former employer for himself, his spouse and children, in connection with his proceeding to his home country out of india after retirement from service in india or after the termination ..... business in india; (b) his stay in india does not exceed in the aggregate a period of ninety days in such previous year; and (c) such remuneration is not liable to be deducted from the income of the employer chargeable under this act; (via) the remuneration received by him as an employee of, or a consultant to, an institution or association or a body established or formed outside india solely for philanthropic purposes, for services rendered by him in india in .....

Commissioner of Income Tax, Bombay Vs. Kuipers Tiesto

Court : Mumbai

Reported in : 1998(4)BomCR411; [1998]230ITR128(Bom)

..... passage moneys or the value of any free or concessional passage received by or due to such individual --- (a) from his employer for himself, his spouse and children, in connection with his proceeding on home leave out of india; (b) from his employer or former employer for himself, his spouse and children, in connection with his proceeding to his home country out of india after retirement from service in india or after (he termination ..... , 1970, the value of any travel concession or assistance received by or due to such individual, --- (a) from his employer for himself, his spouse and children, in connection with his proceeding on leave to his home-district in india; (b) from his employer or former employer for himself, his spouse and children, in connection with his proceeding to his home-district in india after retirement from service or after the termination of his ..... in india; (b) his stay in india does not exceed in the aggregate a period of ninety days in such previous year; and (c) such remuneration is not liable to be deducted from the income of the employer chargeable under this act; (vi-a) the remuneration received by him as an employee of, or a consultant to, an institution or association or a body established or formed outside india solely for philanthropic purposes, for services rendered by him in india ..... 10(6)(i)(a) of the act on account of passage money paid to him by his employer for proceeding on home leave out of india along with his wife and children.the asessee has .....

In Re: V. Ramanadham

Court : Chennai

Reported in : (1927)52MLJ207

..... 25 under section 41, indian factories act (xii of 1911) for employing children in his factory in contravention of ..... next urged that there was no employment of children in the factory as contemplated by the act. ..... 46 if a child is found in any part in which children are employed and in which work incidental to any manufacturing process is being carried on he shall be deemed to be employed in the factory until the contrary is proved. ..... taken is that the dyeing (probably, drying) yard in which the children were employed does not form part of the factory.3. ..... be held therefore that the children were employed within the mischief of the act.11. ..... once it is found that the children were employed in the factory it is immaterial who actually paid them their wages; the occupier or manager is liable ..... graham (1901) 2 kb 327 one must postulate premises wherein the children put ground-nuts into bags, and somewhere on those premises is a machine for washing the bags and no other machinery for any other purpose, then such premises will not be a factory, ..... a person who works in a factory in any kind of work incidental to the manufacturing process or connected with the article subject of the manufacturing process, shall be deemed to be employed therein.9. ..... separate factory, or be excluded from the operation of the act; halsbury, vol. ..... premises used solely for some purpose other than the manufacturing process carried on in the factory ma)' under section 149 of the english factory and workshops act, 1 ed. .....

The State Trading Corporation of India Ltd. and ors. Vs. the Commercia ...

Court : Supreme Court of India

Reported in : [1963]33CompCas1057(SC); [1964]4SCR99

..... evils, such as untouchability, traffic in human beings, forced labour, employment of children in hazardous employment, and against imparting of religious instructions in educational institutions. ..... constitution and can ask for the enforcement of fundamental rights granted to citizens under the said article; and (2) whether the state trading corporation is notwithstanding the formality of incorporation under the indian companies act 1956 in substance a department and organ of the government of india with the entirety of its capital contributed by government and can it claim to enforce fundamental rights under part iii of the constitution ..... can ask for the enforcement of fundamental rights granted to citizens under the said article; and (2) whether the state trading corporation is not-withstanding the formality of incorporation under the indian companies act 1956, in substance a department and organ of the government of india with the entirely of its capital contributed by government; and can it claim to enforce fundamental rights under part iii of ..... the constitution and can ask for the enforcement of fundamental rights granted to citizens under the said article; and (2) whether the state trading corporation is, notwithstanding the formality of incorporation under the indian companies act, 1956, in substance a department and organ of the government of india with the entirety of its capital contributed by government; and can it claim to enforce fundamental rights under part iii of the .....