Judgment Search Results Home > Cases Phrase: factories act 1948 section 26 casing of new machinery Page 9 of about 1,755 results (0.084 seconds)

M/S Jamshedpur Well Pack Poly Vs. Bihar State Electricity Board

Court : Jharkhand

..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3.the ..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3. ..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3. ..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3. ..... 3652 of 2000 (r) m/s bihar ruffia industries a company incorporated under the companies act, 1956 having its factory at vth phase, adityapur, industrial area gamharia through one of its director, sri suresh agarwal, ..... 526 having connected load of 95 kva) 16.m/s vinod coke industries, a proprietorship concern having its factory at mugma, through its proprietor sri santosh kumar agarwal son of late hariram agarwal, resident ..... of 2000 (r) and analogous cases (m/s tata yodogawa ltd vrs ..... , advocate (in all cases) for the respondents .....

M/S Tis Fab Limited Vs. Bihar State Electricity Board

Court : Jharkhand

..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3.the ..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3. ..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3. ..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3. ..... 3652 of 2000 (r) m/s bihar ruffia industries a company incorporated under the companies act, 1956 having its factory at vth phase, adityapur, industrial area gamharia through one of its director, sri suresh agarwal, ..... 526 having connected load of 95 kva) 16.m/s vinod coke industries, a proprietorship concern having its factory at mugma, through its proprietor sri santosh kumar agarwal son of late hariram agarwal, resident ..... of 2000 (r) and analogous cases (m/s tata yodogawa ltd vrs ..... , advocate (in all cases) for the respondents .....

Ramkisan Shivratan Pitti Vs. D.S. Dharmasthal

Court : Mumbai

Reported in : (1971)73BOMLR257

..... petitioner, who was the accused in the court below, has been found guilty under section 21(7)(iv)(c) read with section 92 of the factories act, 1948, and sentenced to a fine of rs. ..... the construction which i have preferred to put on the provisions of section 101 of the factories act is prompted by the fact that the prosecution in this case is not against a person who is actually said to have committed ..... therefore, necessary to consider whether the petitioner-accused in this case can be said to have satisfied the requirements of section 101 of the factories act. ..... and shall be liable to the like punishment as if he were the occupier or manager of the factory, and the occupier or manager, as the case may be, shall be discharged from any liability under this act in respect of such offence ;provided that in seeking to prove as aforesaid, the occupier or manager of the factory, as the case may be, may be examined on oath and his evidence and that of any witness whom he calls in his support shall be subject ..... court at the time appointed for hearing the charge; and if , after the commission of the offence has been proved, the occupier or manager of the factory as the case may be, proves to the satisfaction of the court- (a) that he has used due diligence to enforce the execution of this act, and (b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the offence .....

Hmt Watch Factory I and Ii Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Reported in : (2002)(84)ECC95

..... the importer shall, within such period as the assistant collector of customs may specify in this behalf, produce a certificate from the assistant collector of central excise in whose jurisdiction the factory manufacturing such wrist watches is situated, to the effect that the said imported components have been used in the manufacture of the said wrist watches; and a plain reading of this condition does not convince us ..... these different source in the market of watch parts and that as established by the tribunal, application of section 123 is only to watch movements, dials and cases and not all parts, the tribunal held that burden of proof was cast upon the customs for proving illegal importation of 'watch parts' not notified under section 123 had not been discharged and such parts are not liable for confiscation. ..... no material has been brought and or produced as to how the goods are liable for confiscation under section 111(d) & infringement of import trade control law, since watch part imports are not totally banned and there are different source as determined by the tribunal in dhun darabshw randeria case 2001 (136) elt 1136 for the presence & trade in watch parts in indian markets. ..... in this case they held that watch parts were not covered under section 123 of the act and after nothing that the tribunal and courts have in a number of judgments held that burdens of establishing unlawful importation in such case squarely rested on the customs, they further held as follows: ..... new delhi .....

M/S Bihar Ruffia Industries Vs. Bihar State Electricity Board

Court : Jharkhand

..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3.the ..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3. ..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3. ..... petitioner versus 1.the bihar state electricity board, a body constituted under the electricity (supply) act 1948, having its office at baily road patna through its chairman 2.the secretary, bihar state electricity board, baily road patna 3. ..... 3652 of 2000 (r) m/s bihar ruffia industries a company incorporated under the companies act, 1956 having its factory at vth phase, adityapur, industrial area gamharia through one of its director, sri suresh agarwal, ..... 526 having connected load of 95 kva) 16.m/s vinod coke industries, a proprietorship concern having its factory at mugma, through its proprietor sri santosh kumar agarwal son of late hariram agarwal, resident ..... of 2000 (r) and analogous cases (m/s tata yodogawa ltd vrs ..... , advocate (in all cases) for the respondents .....

V.E Jossie Mcm(Ae) and Others

Court : Central Administrative Tribunal CAT Ernakulam

..... original application under section 19 of the administrative tribunals act, 1985, seeking the following reliefs:- "a) for quashing the office memorandum annexure a-1 dated 23.07.2009 issued by the second respondent and the consequent annexure a-4 memorandum dated 12.11.2009 issued by he first respondent as illegal and void and b) for a direction to the respondent to include house rent allowance, city compensatory allowance, travelling allowance etc and all other admissible in conformity with section 59 of the factories act, 1948 for the ..... the applicants state that the action of the respondents in excluding certain allowances like hra, ta, sfa etc is arbitrary, illegal, unsustainable and it is contrary to the provisions contained under section 59(2) of the factories act 1948. 4. ..... in accordance with factory act, 1948, an establishment where a process of manufacturing goes on is governed by factories act. ..... with ministry of labour and employment has given clear instructions that allowances of compensatory nature like house rent allowance, transport allowance etc are to be excluded for the purpose of computing overtime allowance under the factories act 1948. ..... while so, the second respondent issued annexure a-1 impugned order dated 23.07.2009, which instructed the first respondent to exclude hra, ta and sfa for the purpose of computing the overtime allowance under the factories act, 1948. ..... 1132/2009 and the batch cases supra was pronounced by the madras bench on 24.12.2010. .....

Bajaj Packwell and anr. Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Reported in : [1990]76STC386(All)

..... that in paragraph 1 under the heading 'prastavna' it is stated that those units which have been established between 1st october, 1982 and 31st may, 1985, and are either registered under the factories act or whose investment in land, building, machinery and equipment is more than rupees three lacs, would be entitled to exemption from payment of sales tax from the date of starting production. ..... those small-scale units which are registered as such with the directorate of industries and are also registered under the factories act would be entitled to exemption from payment of sales tax and that in addition to such units, those which were not registered under the factories act but whose investment in land, building, machinery and equipment was more than three lacs would also be entitled to the same exemption. ..... 8244 dated 30th september, 1982, the petitioner established a new small-scale industrial unit in the district of meerut for the manufacture ..... facts and circumstances of this case there shall be no order ..... is attracted to the facts of this case on the strength of the principles decided by the honourable supreme court in the two cases referred to above.7. ..... situation in the case of pournami oil ..... in the present case also, in the first order dated 30th september, 1982, read with the 'niyamawali' made under it, and the clarification dated 16th march, 1983, issued by the directorate of industries, ..... has been affirmed by a larger bench of the supreme court in the case of state of bihar v. .....

Oil and Natural Gas Commission Vs. Petroleum Employees Union and ors.

Court : Mumbai

Reported in : 2006(2)BomCR574

..... ) dealing with the claim of workers of a canteen run through a private contractor in pursuance of the obligation of the industrial establishment under section 46 of the factories act, 1948, this court upheld the claim of workers for being treated as the workers of the company itself. ..... no decision of the supreme court lays down as a principle of law that the workers engaged by the contractors in the establishment of the canteen which is statutorily required to be maintained by the undertaking under section 46 of the factories act, 1948 have a right of automatic absorption and regularisation in the service of the principal employer. ..... and considered in detail provided sufficient basis for recording its findings by the tribunal as well as the division bench of the high court ultimately to sustain the claim of the workers, in this case.based on the facts that had come on record and the aspects noticed in paragraph 22 of the report, the supreme court concluded that there was direct relationship of the employer and the employee ..... (b) after the said date in view of the new definition of that expression, the answer, to the question referred to above, has to be found in clause (a) of section 2 of the industrial disputes act; if (i) the concerned central government company /undertaking or any undertaking is included therein eonomin, or (ii) any industry is carried on (a) by or under the authority of the central government or, (b) by railway company; or (c) by specified controlled industry, .....

Bishop's School and Anr. Vs. State of Bihar (now Jharkhand) and Ors.

Court : Jharkhand

Reported in : [2008(119)FLR946]; (2009)ILLJ693Jhar

..... further, manufacturing process has been defined under section 2(k) of the factories act, 1948 and the same is quoted as under:2(k) 'manufacturing process' means my process for:(i) making, altering, repairing ..... under section 2(m) 'factory' has been defined under the factories act, 1948 and the same is quoted as under:2 ..... 1, and directed them to get the school registered under the provisions of factories act, 1948 and bihar factories rules, 1950 and further to comply with various provisions of the said act and rules.2. ..... it is well settled that the notification so issued under section 85 of the factories act cannot expand the scope of the main statutory provision under which it has been notified, otherwise it will be rendered illegal and devoid of any authority and ..... respondents in their counter affidavit have relied upon a notification issued under section 85 of the factories act, which is quoted as under:85. ..... school cannot be said to be involved in a manufacturing process to be covered under the definition of factory as provided under section 2(m) of the factories act.12. ..... has also been contended by the learned counsel for the petitioners that their school has been singled out as none of the schools has been asked to get itself registered under the factories act and, thus, the impugned action of the respondents is discriminatory and motivated, apart from being arbitrary and illegal.11. ..... in any case, the notification has to be in consonance with the provisions of the main statute .....

Petroleum Employees Union and Others Vs. Bharat Petroleum Corporation ...

Court : Mumbai

Reported in : 1999(3)ALLMR140; 1999(4)BomCR267; (1999)IILLJ389Bom; 1999(2)MhLj926

..... with regard to manufacturing process as defined under section 2(k) of the factories act, the learned single judge of this court had given a decision in gateway auto services, bombay v ..... though in the trial court below an effort was made to make out a case that the workmen are occupying a peculiar position and looking to their nature of work and duty it is not possible to fix certain number of hours during which alone they can be expected to work and not ..... an attempt was also made to make out the case that because of the peculiar nature of the work and more particularly the travelling that is necessarily involved in discharge of the duty of the rot, they are granted certain special ..... in the case of workmen of british overseas airways corporation, new delhi v. ..... decision of supreme court reported in : 1958crilj803 in the case of chintaman rao and another v. ..... this concept in mind : (1962)illj119sc in the case of shankar balaji waje v. ..... 417 in the case of employees state insurance corporation ..... 137in the case of hindustan machine tools ..... was very fairly conceded by the counsel for the respondent-company that it cannot be the case of respondent no. ..... per the above two judgments, all the three ingredients will be missing in the case of r.o.t. ..... it is a case where grant of over time wages in respect of work done over and above 48 hours in a week was being considered and on enquiry was found reasonable and ..... view of the discussions made above, obviously the decision has no bearing on the case. 23. .....