Judgment Search Results Home > Cases Phrase: factories act 1948 section 34 excessive weights Page 1 of about 16,825 results (0.154 seconds)

The Saraswat Co-operative Bank Limited and ors. Vs. P.G. Koranne and o ...

Court : Mumbai

Reported in : AIR1983Bom317; (1983)85BOMLR134

..... -section (3) of section 1 of the employees' state insurance act, 1948, was challenged on the ground of excessive ..... gazette, from time to time, district central co-operative banks; primary land development banks; district co-operative sale and purchase organisations; taluka cooperative sale and purchase organisations; co-operative sugar factories; cooperative spinning mills; and other societies for class of societies, which the state government may, by general or special order published in the official gazette, from time to time, specify in this behalf ..... it and had specifically dealt with other remedial measures which legislature thought it necessary to enforce in regard to such workmen and had made appropriate provisions to carry out the policy of that act as laid down in its relevant sections, and in leaving to the discretion of the central government when the notification should be issued and in respect of what factories, what the legislature had done was what is usually done by conditional legislation. ..... 22544/ c-5, dated march 19, 1975, the state government has applied the provisions of section 73bb to (1) the maharashtra state co-operative bank limited, bombay, (2) the maharashtra state co-operative land development bank limited, bombay, (3) the maharashtra state cooperative marketing federation limited, bombay, (4) all district central cooperative banks, (5) all co-operative sugar factories, (6) all co-operative spinning mills, and (7) the maharashtra co-operative housing finance .....

Bihar State Electricity Board and Another Vs. M/S. Usha MartIn Industr ...

Court : Supreme Court of India

Reported in : AIR1997SC2489; JT1997(5)SC431; RLW1997(3)SC434; 1997(4)SCALE139; (1997)5SCC289; [1997]Supp1SCR279; 1997(2)LC238(SC)

..... similarly, in the tariff notification dated 17th june, 1983 it was stated that by virtue of the powers conferred under sections 46 and 49 of the electricity (supply) act, 1948, the bihar state electricity board with the approval of the state government framed the revised tariff for all categories of consumers served or to be served by the board and laid down the terms and conditions ..... of india on electricity generation and by virtue of the powers conferred under sections 46 and 49 of the electricity (supply) act, 1948 the bihar state electricity board hereby levies a surcharge at the rate of three paise per unit on electricity consumption by all categories of every cess except agricultural service with effect from 1.3.1978.2 ..... in fixing the price, the board has to take into consideration various factors laid down in section 49 of the electricity (supply) act, 1948. ..... - (1) unless different intention appears from the terms of the contract in the event of any tax of the nature described in sub-section (2) being imposed, increased, decreased or remitted in respect of any goods after the making of any contract for the sale or purchase of such goods without stipulation as to the payment of tax where tax was not chargeable at the ..... usha martin industries, the respondents herein, was excessive as the uniform tariff was not reduced even when excise duty on electricity was abolished.2. ..... it is not the case of the respondent-company that the board is making excessive profit or any profit at all. .....

Shravankumar Mahadev Dekote and ors. Vs. the Arvind Mills Ltd. and ors ...

Court : Gujarat

Reported in : (1985)2GLR767

..... state : air1967guj111 the validity of section 85 of the factories act was challenged on the aground that the power invested in the state government to extend the beneficient provisions of the act to persons engaged in industrial occupations in the light of special circumstances of a particular industry, locality or establishment, is unguided, and uncanalised and, therefore ..... the validity of this very section 85 of the factories act. ..... to sections 10 and 18 of the industrial relations and disputes investigation act, 1948 as ..... the representative trade unions which have been also joined as party-respondents in these applications, it was urged that if such a provision banning the individual appearance in cases where the representative union enter appearance or chooses to act as a representative union, is a common provision to be found in the relevant legislation in different countries because in the ultimate analysis it is designed to augment the bargaining capacity of the workers who, as individual ..... the division bench further held that in dealing with the question as to the vires of any statute on the ground of excessive delegation it is necessary to inquire whether the impugned delegation involves the delegation of an essential legislative function of power or whether the legislature has enunciated its policy and ..... : (1962)iillj736sc , the validity of the notification issued under section 3(3)(iv) of the minimum wages act, 1948 fixing the minimum wages for bidi workers was, inter alia, .....

Sri Ram Ram NaraIn Medhi Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1959SC459; (1959)61BOMLR811; [1959]Supp1SCR489

..... these provisions were analogous to the provisions contained in sections 32 to 32 r of the impugned act except that in the 1948 act the protected tenant had the option to purchase the land whereas under the impugned act there was a provision for compulsory purchase of the land by the tenant on a specified date subject to certain conditions therein mentioned. ..... it only fixes the ceiling area for the holding of the landlord cultivating the land personally and transfers the excess holding to the tenant in actual cultivation thereof and there too the price of the land as fixed by the tribunal has got to be paid by the tenant to the landlord. ..... it, therefore, follows that section 7 of the act cannot be impugned on the ground of excessive delegation of legislative power. 56. ..... the only question that now survives is whether section 7 of the impugned act is bad by reason of excessive delegation of legislative power. ..... principle or policy is enunciated by the legislature in this behalf and it would be open to the state government to exercise this power arbitrarily and even in a discriminatory manner and that such entrustment of power to the state government amounts to excessive delegation of legislative power and section 7 therefore must be held to be void. 48. .....

N. Varadarajan (Co-operative Sub-registrar) Special Officer Salem Co-o ...

Court : Chennai

Reported in : (2001)3MLJ582

..... and his removal under sec.77; powers regarding surcharge under sec.87 and supersession of the board under sec.88; power of appointment of special officers under sec.89; powers regarding the appointment of trustees under section 115; powers regarding winding-up, cancellation of the registration of the society covered in chapter xv; powers of execution of decrees, decisions, awards and orders under chapter xvi; the appellate powers under ..... the question whether section 1(3) of the employees' state insurance act, 1948 was valid. ..... found practically from all the writ petitions that on the basis of the aforesaid government order, the proceedings of inquiry started under sec.81 of the tamil nadu co-operative societies act, 1983 (hereinafter referred to as 'the act' for the sake of brevity) have been questioned contending that the officers holding those inquiries on the direction of the 'empowered officers' under the aforesaid government order could not ..... of the contentions urged by the appellants in that case was that the said provision suffered from the vice of excessive delegation on the ground that the power given to the central government to apply the provisions of that act by notification, conferred on the central government absolute discretion, the exercise of which was not guided by any legislative ..... in other words, when the notification should be issued and in respect of what factories it should be issued, has been left to the discretion of the central government and that is .....

Tulsipur Sugar Co. Ltd. Vs. the Notified Area Committee, Tulsipur

Court : Supreme Court of India

Reported in : AIR1980SC882; (1980)2SCC295; [1980]2SCR1111

..... informal consultation of representative bodies 'by the legislative authority is a commonplace; but although a few statutes have specifically provided for a general process of publishing draft delegated legislation and considering objections (see for example, the factories act 1961, schedule 4), i do not know of any implied right to be consulted or make objections, or any principle upon which the courts may enjoin the legislative process at the suit of those who contend that insufficient time ..... this connection that the area in which the factory of the plaintiff was situated was a part of an agricultural village which could not be included within the limits of a town area committee has also got to be rejected in view of sub-section (2) of section 3 of the act which provides that the decision of the state government that any inhabited area is not an agricultural village within the meaning of the proviso to sub-section (1) of section 3 shall be final and conclusive and the ..... one of the conditions urged by the appellants in that case was that the said provision suffered from the vice of excessive delegation on the ground that the power given to the central government to apply the provisions of that act by notification, conferred on the central government absolute discretion, the exercise of which was not guided by any legislative provision and was, therefore ..... )iillj105sc this court was required to consider the question whether section 1(3) of the employees' state insurance act, 1948 was valid. .....

Akhila Bharatiya Grahak Panchayat Vs. Andhra Pradesh State Electricity ...

Court : Andhra Pradesh

Reported in : AIR1983AP283

..... declare certain provisions of section 2(6) and the first and second proviso of section 26 of the electriicty (supply) act 1948 as ultra vires and obligations of a licensee and that the provisions of section 57-a relating to the electricity board and to declare sections 26, 57, 57-a read with schedule vi and section 49 read with sections 59 and 18 as ..... 9 of 1910 and that the act itself shall be deemed to be a licence for the board for the purpose of the act it is specifically provided in section 26 that nothing in section 3 to 11, sub-sections (2) abd (3) of section 21 and section 22 sub-section (2) of section 22-a and sections 23 and 27 of the act or clauses i to v clause vii and clauses ix to xii of the schedule of that act relating to duties and obligations of a licensee ..... in the absence of similar language in subclause (5) of section 16 of the electricity (supply) act, 1948 we are of the opinion that the above ruling cannot ..... of the secretary ministry of energy new delhi (3rd respondent) a counter-affidavit has been filed by the director, ministry of energy, new delhi contending as follows:under section 59 of the act the board is required to carry on its operations so as to earn a surplus over its expenses and for this purpose the board can revise its tariff from time ..... in this writ petition it is questioning the excessive electricity tariffs and unsatisfactory service and the failing standards in the quality and continuity ..... is illegal and arbitrary and in excess of jurisdiction. .....

New Delhi Municipal Committee Vs. Ishwar Dass Sahni and Bros.

Court : Delhi

Reported in : ILR1972Delhi535

..... state of punjab and others, : [1967]3scr557 the provision which came up for consideration was section 5 of the punjab general sales tax act 46 of 1948 which, before its amendment provided that subject to the provisions of the act, there shall be levied on the taxable turnover every year on a dealer a tax at such rates as the provincial government may, by ..... (5), and it observed that in all statutes dealing with local administration municipal authorities have inevitably to be delegated the power of taxation which was a necessary adjunct to a system of local-self government and whether such delegation was excessive and amounted to abdication of an essential legislative function had to be considered from the scheme, objects and provisions of the statute and the power to fix rates could be delegated if the statute in doing so contained a policy ..... conclusion is that the chief commissioner was empowered to sanction the advertisement tax which occurs in entry 55 of list ii of the seventh schedule of the constitution and which could be levied under section 61(2) of the punjab municipal act, which provision is a valid piece of legislation and does not suffer from any vice of excessive delegation ..... our opinion, the limitation of the taxing power to the objects of the act and restrictions on its exercise without previous sanction of the state government constitute ample guidelines and safeguards to prevent the vice of excessive delegation, if any, and the impugned provision must be held to be .....

Ramakrishna Ramnath Vs. the Presiding Officer, Labour Court, Nagpur an ...

Court : Supreme Court of India

Reported in : [1971(21)FLR159]; 1973LabIC87; (1970)IILLJ306SC; (1970)3SCC67

..... 11 and also under general power of the employer to close down the business, we beg to inform you that it is our intention to close down our bidi factory and anywhere outside the factory as from 1st july, 1958.we have been forced to take this step by the action of the bombay government in issuing a notification dated 11th june, 1958.the ..... labour court could not compute the amount of compensation payable to the workmen on the assumption that the workmen had been retrenched and their claim fell within the proviso to section 6-0'.it was in this set up that the court observed:where however the right to retrenchment compensation which is the foundation of the claim is itself a matter which is exclusively ..... that the applicant was not an employee but an independent contractor, that there had been no closure of the business to attract section 25fff of the act and that in any event the dispute could sot he referred to a labour court. ..... the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of service or any part thereof in excess of six months; and (c) notice in the prescribed manner is served on the appropriate government.25ff. ..... section 25f(b) lays down that a workman cannot be retrenched unless he had been paid compensation equivalent to 15 days' average pay for every completed year of service or any part thereof in excess ..... 1948 the appellant felt that the situation created by the notification was such that the working of the factories .....

C. Venugopal and Another Vs. State of Karnataka

Court : Karnataka Kalaburagi

..... the main contention of the learned counsel for the petitioners is that the order of dismissal by the learned chief judicial magistrate on the application filed under section 101 of the factories act, 1948 is too technical and that the learned chief judicial magistrate has not applied his judicious mind to the materials produced by the petitioners and the evidence adduced by ..... it is also relevant to observe here that, when the court has come to the conclusion that the application filed under section 101 of factories act, 1948 was not maintainable because of the technical reason, it would not have allowed the parties to lead evidence. ..... , the question is - "whether the trial court and the revisional court have properly considered the provisions of section 101 of the factories act, 1948 or not and they have committed any serious legal error in dismissing the application on technical ground"? 9. ..... when the trial court has considered the contents of the application under section 101 of the factories act, 1948 and provided opportunity to the parties, then it should have passed the orders on merits of the application instead of dismissing the same on technical ..... the trial court is hereby directed to dispose of the application filed under section 101 of factories act, 1948 on its merits considering the oral and documentary evidence of the petitioners and after hearing both the parties, as expeditiously as possible within the outer limit of six months from the date of receipt of the copy .....