Court : Kerala
Reported in : 2002(1)ALT(Cri)316
..... if so, we do not find any error if we apply the doctrine of purposive interpretation and hold that the powers vested in a child welfare committee to be constitution under section 29 of the juvenile justice (care and protection of children) act, 2001 can be exercised by metropolitan magistrate or a magistrate of first class until a child welfare committee is constituted. ..... according to us the juvenile justice (care and protection of children) act, 2000 has been enacted by the parliament arming the court to issue appropriate direction in such cases. ..... not treat these persons as mere chattels and mechanically deal with them.the court before whom they are produced should exercise the powers vested in it under the juvenile justice (care and protection of children) act, 2001. ..... if the intention of the statute is to achieve a purpose we see no error employing the doctrine of purposive interpretation and by judicial interpretation breathing life into the same. ..... the notion of a delinquent child is introduced by employing the expression 'juvenile in conflict with law'. ..... we feel, employing the doctrine of purposive interpretation these principles can be employed in case of destitute females as well. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1983Mad9
..... the respondent is decently employed in komarapalayam and is also holding a responsible post in a textile mill earning substantial amount, and it would, therefore, be not difficult for the respondent to command the comforts as well as the conveniences that may be required by the children to make up their life ..... court, salem allowing an application filed by the respondent herein under section 25 of the guardians and wards act (hereinafter referred to as the act) praying that the appellants should be directed to hand over custody of three minor children rama rao, punitha and nagaratnam to the respondent. ..... the learned counsel for the respondent and the first appellant had been living in komarapalayam till july 1975 and that the minor children, should therefore, be taken to have been 'ordinarily residing' within the meaning of section 9(1) of the act at komarapalayam within the jurisdiction of the district court at salem. ..... place of residence at the time of the filing of the application under the act does not help to ascertain whether a particular court has jurisdiction to entertain the proceedings or not, as it would be easy to stifle proceedings under the provisions of the act by the mere act of the moving the minors from one place to another and consequently from one ..... to act upon what has been expressed by the children. ..... the court' means the district court having jurisdiction to entertain an application under the act for an order appointing or declaring a person to be a guardian. s. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1964Bom200; (1963)65BOMLR627; ILR1963Bom478
..... the restriction on hours of work, prohibition of employment of children, young persons and women beyond certain hours, the requirement of cleanliness, ventilation, lighting, first-aid, provision, for leave with pay and a ..... effect:'if the legislative intent can be spelt out fairly from the words of the statute, the courts should give effect to that intention by looking at all the language used, the purposes to be accomplished, and other acts, in pari materia, in spite of the fact that the statute is couched in inaccurate, inapt and awkward language.whether a statute be a public or a private one, if the terms in which it is couched be ..... establishment' means an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes a society registered under the societies registration act, 1860 and a charitable ot other trust, whether registered or not, which carries on whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ancillary thereto but does ..... parity of reasoning therefore it is contended that the test for determining whether a particular establishment is or is not 'commercial' within the meaning of the act is to find out not whether any person is employed for assistance in carrying out business, trade or profession but to determine whether it is a premises or place where an activity which can be reasonably .....
Tag this Judgment!Court : Karnataka
Reported in : 2000ACJ16; ILR1998KAR3525; 1998(4)KarLJ101
..... also accompanied by an affidavit sworn to by the appellant 1 on her behalf and also on behalf of her minor children, the appellants 2 to 5, wherein she had contended that her husband died on 3-11-1981 in the premises of the mill during the course of his employment, leaving behind him, his wife and 4 minor children, the appellants herein and further it is stated therein that they were entitled to receive the dependents benefits under the ..... had also pointed out that the respondent 2-employer kept the appellant 1 under promise that she and her children would be afforded with the dependents benefits ..... in the application and also in the evidence that respondent 2-employer had assured the dependents benefits under the esi act to her and her children. ..... 3-11-1981 while he was on duty due to employment injury, 'myo-cardial infraction' and that according to the appellants, the deceased died during the course of employment of respondent 2 and therefore they were entitled to dependents benefits under section 52 of the employees' state insurance act, 1948 ('the esi act' for short). ..... she totally took it for granted that her employer-respondent 2, who had also stated to have offered her an appointment on compassionate ground on the demise of her husband would get her the benefits under the esi act. ..... was knowing was to affix her signature in kannada; that being the position, it cannot be said that she was well informed of the dependents benefits admissible to her and her children under the esi act. .....
Tag this Judgment!Court : Delhi
Reported in : 48(1992)DLT218; II(1992)DMC67; 1992(23)DRJ22
..... he has taken preliminary objection, that since the respondent has filed a suit under hindu minority and guardianship act before the guardianship and ward court, for the custody of the children where the question of their custody would be decided after recording of evidence of the parties, thereforee, this court should not oust the jurisdiction of a court ..... still accustomed and acclimatized to the conditions and environments obtaining in the place of his origin in the usa; that the child's presence in india was the result of an illegal act of abduction and the father who was guilty of the said act could not claim any advantage by stating that he had already put the child in some school in india and that the conduct of the father had not been such as to ..... in such circumstances had approached the court for issuance of a writ of habeas corpus directing the respondent to produce her two minor children and to hand over their custody to her as the person entitled to their custody under the order of the competent foreign court ..... the ratio which is brought out in this case is that in matters pertaining to the custody of minor children, a judgment delivered by a foreign court should be given due weightage and must be respected, but paramount consideration ought to be the welfare and interest ..... this is particularly so, because the respondent is now well settled in india, being employed as deputy general manager with m/s perfect circle victor limited, getting total emoluments of about rs.l7,195 .....
Tag this Judgment!Court : Gujarat
Reported in : (1972)0GLR205; (1973)ILLJ447Guj
..... , there are certain provisions such as leave, pay during leave, non-employment of children which would apply to outworkers also. ..... if this is the correct approach, we would like to recall that the act is a piece of social legislation designed partly to prevent sweated labour and the undesirable employment of women and young children and partly to safeguard the health and provide for the safety of employees. ..... their lordship noticed that the act was a piece of social legislation designed partly to prevent sweated labour and the undesirable employment of women and young children and partly to safeguard the health and provide for the safety of ..... this section would show that if a person employed by the commercial establishment would be an employee within the meaning of that expression and if the organisation is one to which the act applies and if more than five persons are employed by the establishment, such an employee would be entitled to the benefits of the workmen's compensation act, 1923 and the rules made from time to time ..... having examined the object of the legislation and other provisions of the act, their lordships were of the opinion that the legislature never intended to rope in small establishments as the one in question in which the owner was an employer whose workmen were carrying on business in a very small way by going to certain local mills, to collect orders from them for spare parts and after manufacturing the parts so ordered in the workshop delivering them to .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1970Bom154; (1970)72BOMLR240; ILR1971Bom165; 1969MhLJ540
..... article 45 only directs the imparting of free education to the children, but does not prohibit collection of taxes for that purpose to meet the expenses of such education from other sources and further a tax on lands and buildings or a tax on professions, trades, callings and employments would be other sources for meeting the expenses of free education ..... . for the purposes of carrying out the municipal administration, the state legislature has passed the maharashtra municipalities act and in order to meet the needs of the administration has made provision authorising the municipal councils or municipal committees to raise the revenue and conservancy, water rate, property tax ..... . section 6 provides that the proceeds of the education cess and penalties (not being a fine)' recovered under this act shall first be credited to the consolidated fund of the state; and after deducting the expenses of collection and recovery shall, under appropriation duly made by law in this behalf, entered in, and transferred to, a separate fund ..... provide for giving any opportunity at any stage to the assessee to raise objections to the assessment or to dispose of any such objection, if raised, and therefore, the act offends against the accepted principles of natural justice and the assessment lists prepared have no legal force so far as the education cess is concerned, as there are no guiding principles prescribed under the act for the levy of the assessment of these taxes.4. the maharashtra education ( .....
Tag this Judgment!Court : Kerala
Reported in : (1967)ILLJ756Ker
..... section 3(3) contemplates that in fixing or refixing minimum rates of wages different minimum rates of wages may be fixed for different scheduled employments, adults, adolescents, children and apprentices, and different localities. ..... counsel submitted that although geographical classification is permissible and is contemplated by the provisions of section 3 of the act, in order to make such a classification, considerations having relation to the object sought to be achieved by the act alone can be taken into account, and the only relevant factor in making the classification is the difference in the cost of living of the workers in the various regions, and not the capacity of the employers in the regions to pay the minimum wages. ..... p-l) dated 16th february 1965 issued by the 1st respondent under the provisions of section 3(1)(b) of the minimum wages act, 1948 (central act ii of 1948) hereinafter referred to as the act, read with section 5(2) thereof, published in the kerala gazette dated 16-3-1965, and for quashing the notification. ..... p-l notification on the ground that the regional classification has not been made on an intelligent differentia germane to the object of the act for the reason that the committee have fully gone into this question and that they have taken into consideration only the relevant factors for making the region-wise classification. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(3)AWC2143
..... of the parties are to be determined on the basis of the facts as were existing on the date the suit was instituted (b) the order terminating the contract of employment was null and void and therefore liable to be ignored inasmuch as necessary one month notice/salary in lieu thereof had not been paid to the petitioner before terminating his ..... have rightly placed reliance upon the provisions of section 14(c) and (d) read with section 41(e) of the specific relief act as also upon the provisions of order xxxix rule 1 and 2 for refusing the interim injunction prayed for by ..... was filed with regards to maintainability of the suit and amongst other it was contended that the contract of employment between the petitioner and the respondent stood terminated in accordance with the terms of the contract vide letter ..... it is further contended that the courts below have to safeguard the plaintiff against the acts of defendants of over reading the court proceedings as has been done in the facts of the present case inasmuch as on coming to know of the filing of ..... was employed as junior account officer in the employment ..... clear that the plaintiff is not in the employment of the defendant since september, 2001. ..... has not been in the employment of the defendant since 2001. ..... the trial court as well as the appellate court with reference to provisions of order xxxix rule 1 and 2 section 14 and section 41 of the specific relief act.11. ..... act ..... enforced in view of the provisions of section 14 of the specific relief act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC1319; (1969)71BOMLR248; 1968CriLJ1501; 1968MhLJ423(SC); [1968]3SCR766
..... of the immediate cause of the explosion referred to the conclusion of the courts below that the appellants had committed a number of hazardous breaches of the rules framed under the act and the conditions of the licences issued to them, particularly the storage of prohibited explosives and employment of children below the age of 18. ..... where the explosion took place the persons who were employed were mostly women who brought their small children with them and young children below the age of 18 had been employed in the manufacture of the fire works etc. ..... although there was no direct evidence of the immediate cause of the explosion but indisputably the explosives the possession of which was prohibited under the notifications issued under the act were found in the shops on the premises where the appellants carried on their business and on the substances that have been mentioned which were of a highly hazardous ..... under sections 304a and 377 of the code as it has not been established that the deaths or injuries caused were the direct result of any rash or negligent act on the part of the appellants or that any such act had been proved which was the proximate and efficient cause of the explosion without the intervention of another's negligence. ..... it was found that the direct or proximate cause of the fire which resulted in seven deaths was the act of a labourer who acted in a hurry and who did not wait until the bitumen or rosin cooled down and thus it was his negligence which was the .....
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