Court : Chennai
Reported in : AIR1953Mad269; (1953)IILLJ29Mad; (1952)IIMLJ917
..... for having failed to enter the particulars of all the workers engaged in the said department in form no. 12 register; and (3) under section 20 read with rule 51 for having failed to provide spittoons in the factory as per the type prescribed under rule 51.3. the main question that has been argued is whether the studio in which the films are ..... produced is a "factory" within the meaning of the term in the factories act and whether the persons employed there are "workers" as defined in the act. the factories act (63 of 1948) is the act in force ..... which is said to have been contravened; but the studio in question was in existence before this act was passed and had been registered when the earlier act 25 of 1934 which was replaced by act 63 of 1948 was in vogue. the appellant contends that except for ..... of finding out the intention with which the enactment was brought into being and that the factories act of 1948 was an act to consolidate and amend the law regulating labour in factories. the preamble states that whereas it is expedient to consolidate and amend the law regulating labour in factories, it is hereby enacted as follows: for this purpose he invites the attention of the .....
Tag this Judgment!Court : Supreme Court of India
..... said officer, the sessions court doubted about the sanction accorded by the district magistrate and accordingly, acquitted the appellant of the charge under section 25/27 of the arms act.14. upon scrutiny of the depositions of the material witnesses as well as the exhibits produced by the prosecution, predominantly, it is ..... and state v. saravanan [(2008) 17 scc587: (2010) 4 scc (cri) 580]. .)16. that apart, the acquittal of the appellant under section 25/27 of the arms act on a technical ground that the order of sanction by the district magistrate was rejected as there was no date in the order, cannot come to ..... acquitting the other two accused. be it noted, for the same crime, the appellant was also charge sheeted for the offence under section 25/27 of the arms act, but he was acquitted of the same.13. in order to appreciate the contentions raised on behalf of the respective parties, let ..... two co-accused. the sessions court in the connected sessions trial no.209 of 19985, acquitted the appellant of the offence under section 25/27 of the arms act. feeling aggrieved and being dissatisfied with the judgment of conviction and sentence passed by the sessions court in sessions trial no.208 of ..... offence under section 302 r/w 34 ipc, whereas the co-accused were acquitted of the said charge. further, the certificate dated 08.12.2019 received from the jailor, district jail, haridwar, reveals that the appellant has undergone the sentence for a period of 13 years 6 months and 20 days without .....
Tag this Judgment!Court : Supreme Court of India
..... of gujarat124 adjudicated a challenge to two notifications issued by the gujarat 122 1979 insc271123 (2013) 1 scc585124 (2020) 10 scc45955 part ix government under section 5 of the factories act, 1948, during the covid19 pandemic. these notifications exempted factories from observing some of the obligations which employers have to fulfil towards the workmen employed by them. according to the notifications, among other provisions, all ..... of being or acting as guardian to any minor , making a gift , making a will , or adopting a son .159 152 section 19, criminal tribes act, 1871. 153 section 20, criminal tribes act, 1871. 154 section 21, criminal tribes act, 1871. 155 section 24(a), criminal tribes act, 1871. 156 section 24(b), section 30, criminal tribes act, 1871. 157 section 26, criminal tribes act, 1871. 158 section 27, criminal tribes act, 1871. 159 section 29, criminal tribes ..... act, 1871. 63 part xi102the provisions of the cta were based .....
Tag this Judgment!Court : Supreme Court of India
..... petitions, the petitioners contend that due to the restrictions imposed by section 17(5)(c) and section 17(5)(d) of the cgst act, they are unable to avail the credit on gst paid on goods and services used in the construction of factory premises, buildings etc against the gst received by them for the ..... therefore, submitted that the definition of plant or machinery will not apply to plant and machinery .20. the learned counsel submitted that there is no conflict between section 17(5)(d) and section 16(3). he submitted that section 16(3) applies to plant and machinery and not to plant or machinery . he submitted that ..... union of india, (1989) 3 scc698 , m.n. venkatachaliah, j.(as the learned chief justice then was) held that : (scc p. 708, para20) 20. it is now well settled that a very wide latitude is available to the legislature in the matter of classification of objects, persons and things for purposes of taxation. ..... (1973) 1 scc216:1973. scc (tax) 307]. , k.s. hegde, j., speaking for a four-judge bench observed : (scc p. 223, para20) 20. it must be noticed that generally speaking the primary purpose of the levy of all taxes is to raise funds for public good. which person should be taxed, what ..... v. dileep kumar & company & ors.22 it is equally well settled that when two interpretations of a provision in a taxing statute are possible, the court 20 (2002) 9 scc57121 (2016) 16 scc55322 (2018) 9 scc1civil appeal no.2948 of 2023 etc. page 19 of 91 would ordinarily interpret the provisions in .....
Tag this Judgment!Court : Supreme Court of India
..... the classification can be justified. .. for the above reasons, we accept the contentions of the learned counsel for the appellant, and hold that section 5 of the second amendment act (act 11 of 1966), introducing section 13-a in the act, is discriminatory and violative of article 14 of the constitution and, as such, has to be struck down as unconstitutional. the result is that ..... v. cbi [subramanian swamy v. cbi, (2014) 8 scc682: (2014) 6 scc (cri) 42 : (2014) 3 scc (l&s) 36]. dealt with a challenge to section 6-a of the delhi special police establishment act, 1946. this section was ultimately struck down as being discriminatory and hence violative of article 14. a specific reference had been made to the constitution bench by the ..... dissatisfied with the management had been rendered powerless. it was further found that, by reason of the preponderance of their strength, the managing agents made 20 it impossible for a controller under the essential supplies act to function. in the totality of the circumstances, the court found that a situation of an extraordinary character had arisen which fully justified the sholapur mill ..... to 1947, the highest dividend paid by the company was rs 525 per share and the lowest rs 100, and, in 1948, when the management was taken over by the managing agents who have been removed by the impugned act, the accounts showed a loss of rs 30 lakhs, while other textile companies had been able to show very substantial profits during .....
Tag this Judgment!Court : Karnataka
..... that a resolution plan may include provisions for the restructuring of the corporate debtor, including by way of merger, amalgamation and demerger; 20. it is clear from section 5(26) of the ibc as noticed above that the resolution plan is proposed by the applicant for continuing the business of the company ..... as ruchi soya industries limited) is engaged in the manufacture of edible refined oils and having its factory at baikampady industrial area, mangaluru. consequent to the show cause notice dated 26.3.2012 issued by the respondent, order-in-original was passed on ..... c.m. poonacha cav judgment (per: hon'ble mr justice c.m. poonacha) the present appeal is filed by the assessee under section 35g of the central excise act, 19441 challenging the final order no.21234/2023 dated 9.11.2003 passed in excise appeal no.25387/2013 by the customs, excise ..... the insolvency and bankruptcy code, 2016 (hereinafter referred to as the i&b code )?. (ii) as to whether the amendment to section 31 by section 7 of act 26 of 2019 is clarificatory/declaratory or substantive in nature?. (iii) as to whether after approval of resolution plan by the adjudicating authority ..... and service tax appellate tribunal, bangalore2. 1 hereinafter referred to as act of 1944 2 hereinafter referred to as cestat -3- 2. the facts in brief leading to the present appeal are that the assessee (originally known .....
Tag this Judgment!Court : Karnataka
..... .baker and brothers inc. vs. minerals and metals trade corporation limited (mmtc) reported in (2023) 9 scc424wherein it is held arbitration and conciliation act, 1996 section 34 and 37 award on quantum of damages and mitigation of losses interference with when not warranted concurrent affirmation by courts below none of the grounds ..... claim it is observed that what has been described as additional written arguments and also in oral arguments reiterating that the final bills were submitted on 20.10.1996 and the last payment by the respondent was dated 04.12.1997. he has referred to the bifr registering the proceedings in no ..... s.no.25001/2011 relied on the reliance of the hon ble supreme court reported in air1964sc1810and (2017) 13 scc403and held that the appellant has 20 failed to establish and prove his case as required by law. the judgments relied on by the appellant is not applicable to the case on ..... before the arbitrator, the second reference had to be initiated. therefore, this court reserved liberty to the appellant to contest the same before the arbitrator.20. he further contends that the first arbitration was not proved as required in the second arbitration to raise the ground before this court. therefore, the ..... .5,61,186/- along with interest @ 18% from 04.12.2000 within one month from the date of order along with cost of rs.20,000/-. the appellant challenged the same by filing a.s.no.15001/2005. the sole arbitrator continued to proceed with the arbitration proceedings and vide .....
Tag this Judgment!Court : Karnataka Dharwad
..... the the deputy commissioner and collector, kamrup & ors. vs. durganath sarma reported in air1968sc394 wherein even extracted paragraph no.21 and contend that under section 20 of the slum areas act as unconstitutional. further direction was given, it is for the legislature to decide and prescribe the - 28 - nc:2024. khc-d:14142 wp ..... dharwad; so also sought for writ of mandamus to issue appropriate directions to respondents no.1, 3 to 7 to quantify and pay compensation under section 20 of the slum act in respect of 06 acres 18 guntas 15 annas in sy.no.37/3a of nekar nagar, ayodhya village (v) at the earliest; and ..... of 2023 iv. writ of mandamus is issued to respondents no.1, 3 to 7 to quantify and pay compensation under section 20 of the slum act, in respect of lands in both these petitions. sd/- (h.p. sandesh) judge gab ct-mck list no.:1. sl no.:9. ..... assistant commissioner and deputy commissioner to withdraw the earlier preliminary notification and the same is challenged in both the writ petitions.20. this court would like to rely upon section 3 of the karnataka slum areas (development) act, 1973, which reads as follows:3. declaration of slum areas.- (1) where the government is satisfied, that,- ..... /2b and 37/3a and also not in dispute that the said land was declared as slum area under section 3 of the karnataka slum areas (development)act, 1973, as per the notification dated 20.05.1992. it is also not in dispute that the petitioners in both these petitions have approached this court .....
Tag this Judgment!Court : Karnataka Dharwad
..... the the deputy commissioner and collector, kamrup & ors. vs. durganath sarma reported in air1968sc394 wherein even extracted paragraph no.21 and contend that under section 20 of the slum areas act as unconstitutional. further direction was given, it is for the legislature to decide and prescribe the - 28 - nc:2024. khc-d:14142 wp ..... dharwad; so also sought for writ of mandamus to issue appropriate directions to respondents no.1, 3 to 7 to quantify and pay compensation under section 20 of the slum act in respect of 06 acres 18 guntas 15 annas in sy.no.37/3a of nekar nagar, ayodhya village (v) at the earliest; and ..... of 2023 iv. writ of mandamus is issued to respondents no.1, 3 to 7 to quantify and pay compensation under section 20 of the slum act, in respect of lands in both these petitions. sd/- (h.p. sandesh) judge gab ct-mck list no.:1. sl no.:9. ..... assistant commissioner and deputy commissioner to withdraw the earlier preliminary notification and the same is challenged in both the writ petitions.20. this court would like to rely upon section 3 of the karnataka slum areas (development) act, 1973, which reads as follows:3. declaration of slum areas.- (1) where the government is satisfied, that,- ..... /2b and 37/3a and also not in dispute that the said land was declared as slum area under section 3 of the karnataka slum areas (development)act, 1973, as per the notification dated 20.05.1992. it is also not in dispute that the petitioners in both these petitions have approached this court .....
Tag this Judgment!Court : Karnataka
..... facie view, the submission on behalf of the union of india when it was submitted that the decision arrived at under the act by invoking section 3 read with section 4 and the consequential issuance of notification specifying the commodity or the extent of commodity to be packed in the jute bags, ..... standing advisory committee is an expert body which makes recommendations after taking into account the relevant factors and the considerations. 5.3.2 section 16 of the act is a power to exempt. if the central government is of the opinion that it is necessary or expedient in public interest, it ..... 30th september 2024 and that it was not based on the standing advisory committee s recommendations. the standing advisory committee is constituted under section 4 of the act. respondent no.1, it was further contended in the petition, disregarded the recommendations of the standing advisory committee in its 29th meeting held ..... the notifications are issued mechanically and without application of mind, it is contended that only 20% reservation for sugar is applied in blanket manner since 2013-14 and that it is contrary to section 3 of the jpm act.-. 9 - nc:2024. khc:40132-db wa no.1405 of 2024 3.1 it ..... issued in exercise of powers conferred under section 3 of the jute packaging materials (compulsory use in packing commodities) act, 1987 - 5 - nc:2024. khc:40132-db wa no.1405 of 2024 (hereinafter referred to as jpm act ), it is provided that 100% food grains and 20% sugar of the total production shall .....
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