Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 11 amendment of section 11 Sorted by: old Court: us supreme court Year: 1998 Page 1 of about 57 results (0.413 seconds)

M/S. Hindustan Times Limited Vs. Union of India and Others

Court : Supreme Court of India

Reported in : JT1998(1)SC18a; 1998(1)SCALE34; (1998)2SCC242; [1998]1SCR4; 1998(1)LC368(SC); (1998)1UPLBEC345

..... first time to see if the judgment needs a reversal.10. we shall now proceed to take up the main issues arising in this appeal.11. section 14-b as amended by act 40/73 w.e.f. 1.11.1973, confers power on the concerned authority to recover damages. where an employer makes default in the payment of any contribution to ..... that the department permits a 'grace period' of 5 days and it is only thereafter that the damages are computed. section 11 of the act deals with 'penalties'. further under section 405, explanation-i of the indian penal code, 1860, if a person being an employer, deducts the employee's contribution from the wages payable to the employees for crediting to ..... period of limitation for computing and recovering the arrears. as the amounts are due to the trust fund and the recovery is not by suit, the provisions of the indian limitation act, 1963 are not attracted. in nityanand m. joshi v. life insurance corporation of india, : (1969)iillj711sc , it has been held that the limitation .....

Minoo Mehta Vs. Shavak D. Mehta

Court : Supreme Court of India

Reported in : 1998IAD(SC)385; AIR1998SC831; 1998(1)ALD(Cri)323; 1998(1)ALLMR(SC)705; [1998]91CompCas895(SC); (1998)2CompLJ217(SC); 1998CriLJ1111; JT1998(1)SC111; 1998(1)SCALE95; (1998)2S

..... to be noted. sub-section (1) thereof lays down that 'on and from the commencement of the special court (trial of offences relation to transactions in securities) amendment act, 1994, the special court shall exercise all such jurisdiction powers and authority as were exercisable, immediately before such commencement by any civil court in relation to any matter ..... an architect by profession. that accused is the son of his brother, that is, his nephew. he filed a criminal complaint under section 409 of the indian penal code ('ipc' for short). we will refer to the respondent as the complainant and the appellant as the accused in the latter part of this judgment. the complainant's ..... that as the appellant - accused is not a notified person as per section 3 sub-section (2) of the act the special court will have no jurisdiction to try him for the offence under section 409 of ipc but it is the regular criminal court which can try such an offender.rival contentions9. learned senior counsel, shri raju .....

Allentown Mack Sales and Service, Inc. Vs. Nlrb

Court : US Supreme Court

..... in struksnes constr. co., 165 n. l. r. b. 1062 (1967), but that it violated 8(a)(1) and 8(a) (5) of the national labor relations act (act), 49 stat. 452, as amended, 29 u. s. c. 158(a)(1) and 158(a)(5), because allentown did not have an "objective reasonable doubt" about the majority status of the union. the ..... u. s., at 575. see also bill johnson's restaurants, inc. v. nlrb, 461 u. s. 731 , 742-743 (1983) (the board's interpretation of the act is untenable in light of first amendment concerns 388 388 allentown mack sales & service, inc. v. nlrb opinion of breyer, j. and state interests, even though its interpretation is a rational construction of the ..... employees. the board must decide how and when in the first instance, but its decision must be rational, it must have a basis in the act, and, of course, it may not violate the first amendment. the court, however, concludes that the board's standard is lawful. accepting that conclusion, arguendo, i agree that the board's findings are not .....

K.V. Abdul Kader, Proprietor Kevee Supari Traders Vs. State of Kerala ...

Court : Supreme Court of India

Reported in : 1998IAD(SC)435; AIR1998SC801; JT1998(1)SC289; 1998(1)SCALE256; (1998)2SCC536; [1998]1SCR411; [1998]109STC134(SC)

..... goods. as a result, government is losing huge amount to tax to overcome this situation government decided to amend the act suitably.'12. having regard to the phraseology and the objects of the amending act extracted above, it is fairly clear that the amendment in explanation to section 2(xxvi) was made with a view to alter the legal position that closing ..... stock held outside the state will not acquire the character of last purchase till it is sold. prior to passing of the amendment act, non-obstante clause occurring in the explanation to section 2(xxvi) did not permit the application of section 8(b) of the ..... by the high court of kerala.2. according to the appellant, it purchases areca nuts locally and after processing them dispatches the same to agents in the north indian states for sale on consignment who effect sales according to the market trends and render accounts, sales statements to the appellant. drafts or cheques for sale proceeds less expenses .....

Sri Tarsem Singh Vs. Sri Sukhminder Singh

Court : Supreme Court of India

Reported in : AIR1998SC1400; 1998(2)ALLMR(SC)528; 1998(2)ARBLR1(SC); 1998(2)BLJR819; 1998(1)CTC443; JT1998(2)SC149; (1998)IIIMLJ54(SC); (1998)120PLR802; RLW1998(2)SC183; 1998(2)SCALE58;

..... balance amount of sale consideration, the earnest money shall stand forfeited.6. during the pendency of the appeal before the additional district judge, respondent made certain amendments in the plaint which have been set out in the judgment of the lower appellate court as under:-'(a) he corrected the area of the suit land ..... it was subsequently discovered that brahmatter rights did not carry mineral rights. the high court held that the agreement became void under section 20 of the contract act as soon as the mistake was discovered and, therefore, the plaintiffs were entitled to refund of money advanced under a contract which was subsequently discovered to be ..... matter at the time of entering into the agreement or executing the document. such realisation would have the effect of invalidating the agreement under section 20 of the act. on such realisation, it can be legitimately said that the agreement was 'discovered to be void'. the words 'discovered to be void', therefore, comprehend a .....

Yogendra Singh Rawat and ors. Vs. Hemwati Nandan Bahuguna Garhwal Univ ...

Court : Supreme Court of India

Reported in : JT1998(1)SC555; 1998(1)SCALE468; (1998)3SCC704; [1998]1SCR685; 1998(1)LC408(SC); (1998)2UPLBEC1004

..... 1990 or ph. d. degree upto december, 1992 shall not be required to qualify in such a comprehensive test. '8. thus, the effect of the amending act amending the principal act and by insertion of clause (c) to sub-section (3) of section 31 would be mat any lecturer who was appointed without reference to the selection ..... judgment are as under :'good academic record with at least 55% marks or an equivalent grade at master's level in the relevant subject from an indian university or an equivalent degree from a foreign university. candidates besides fulfilling the above qualifications should have cleared the eligibility test for lecturers conducted by ugc ..... stage the university made an advertisement in which wrong or lesser qualification was mentioned is wholly irrelevant and that advertisement cannot override the requirement of the amending act. it has been consistently held that a person not possessing prescribed qualification cannot be appointed in a university or in an affiliated college and if .....

Hungerford Investment Trust Ltd. Vs. Income Tax Officers and ors.

Court : Supreme Court of India

Reported in : 1998IIAD(SC)262; AIR1998SC1592; [1998]231ITR175(SC); JT1998(1)SC700; 1998(1)SCALE624; (1998)3SCC168; [1998]1SCR905

..... , section 33a, section 33b, section 66 or section 66a.'[underlining ours]12. this is how the second proviso to section 34(3) stood after its amendment in 1953 by the income-tax (amendment) act of 1953 with effect from 1st of april, 1952. the appellant-company contends that this proviso has no application in the present case because the direction given ..... india. the present appeals are concerned with assessment years 1949-50, 1950-51 and 1951-52.2. an order under section 23 a of the income-tax act, 1922, before its amendment in 1955 was passed by the income-tax officer in the case of m/s. turner morrison and company ltd. as a result of which the undistributed ..... of persons or a new assessment of a firm or association of persons is ordered to be made, the appellate assistant commissioner may authorise the income-tax officer to amend accordingly any assessment made on any partner of the firm or any member of the association. this provision under section 31(4) cannot be read as limiting the .....

Mariyappa and ors. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Reported in : AIR1998SC1334; JT1998(1)SC734; (1998)IIIMLJ34(SC); 1998(1)SCALE672; (1998)3SCC276; [1998]1SCR988; 1998(1)LC658(SC)

..... was whether the subsequent amendments made in 1958 and 1964 to section 21 of the penal code enlarging the definition of public ..... imparted into the subsequent act also, would render the subsequent act wholly unworkable and ineffectual; and(d) where the amendment of the previous act, either expressly or by necessary intendment, applies the said provisions to the subsequent act.'24. in that case, the position was that the prevention of corruption act, 1947 adopted the definition of public servant from section 21 of the indian penal code, question .....

Tirumala Tirupati Devasthanams Vs. K.M. Krishnaiah

Court : Supreme Court of India

Reported in : 1998IIAD(SC)485; AIR1998SC1132; 1998(2)ALT22(SC); 1998(2)BLJR994; JT1998(2)SC231; (1998)IIIMLJ49(SC); 1998(2)SCALE119; (1998)3SCC331; [1998]2SCR9

..... perry v. clissold 1907 ac 73, that was also the law applicable in our country and it was this principle that was engrafted into articles 64 and 65 of the indian limitation act, 1963. the said articles were, it was held, declaratory of the law. the following observations of hidayatullah, j. (as he then was) place the matter beyond any ..... 29 stood 'extinguished'. it stood extinguished, in any event, between 12.1.1946 and 30.8.1969 when ttd dispossessed the plaintiff. the suit of the plaintiff, as amended, based on possessory title was therefore rightly decreed by the second appellate court. the plaintiff who was dispossessed on 30.8.69 could, even if the 6 months period ..... plaintiff then filed an application cmp no 289 of 1970 on 25.7.70 under order 6 rule 17 cpc (beyond 6 months from the date of dispossession) for amendment of plaint and converted the suit into one for possession. the appellate court too held that the plaintiff had proved neither title nor possession to the suit property. the .....

Steel Co. Vs. Citizens for Better Environment

Court : US Supreme Court

..... federal court "to recover damages in excess of $3,000 from ... agents of the federal bureau of investigation" for allegedly violating their fourth and fifth amendment rights. 327 u. s., at 679. the question whether petitioners' injuries were redressable-"whether federal courts can grant money recovery for damages said to have ..... when the claim is "so insubstantial, implausible, foreclosed by prior decisions of this court, or otherwise completely devoid of merit as not to involve a federal controversy." oneida indian nation of n. y. v. county of oneida, 414 u. s. 661 , 666 (1974); see also romero v. international terminal operating co., 358 u. ..... question and a question of article iii standing. in that case, the united states, as respondent, argued that petitioner lacked standing under the administrative procedure act and under the constitution.4 rather than taking up the constitutional issue, the court stated: "where ... congress has authorized public officials to perform certain functions .....