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Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 11 amendment of section 11 Sorted by: recent Year: 1998 Page 1 of about 506 results (0.677 seconds)

Sep 24 1998 (HC)

Mishra A.K. and ors. Vs. State of Bihar and ors.

Court : Patna

Decided on : Sep-24-1998

..... control. in this context the following observation made in the case ofj.k. industries (supra), was taken note of by their lordships:- 'by the amending act of 1987 it appears that the legislature wanted to bring in a sense of responsibility in the minds of those who have the ultimate control over the ..... affairs of the factory, so that they take proper care for maintenance of the factories and the safety measures therein ..... proviso (ii) was introduced by the amending act, couched in a mandatory form - 'any one of the directors shall be deemed to be the occupier' - keeping in view the experience gained over the ..... decision of the supreme court in the case of j.k. industries ltd. v. chief inspector of factories and boilers, (1997-i-llj-722)(sc) wherein it has been held that under the act only one of the directors, the directing mind and will of the company, its alter ego, can be nominated ..... offences committed under the act. 6. however, recently in the case of indian oil corporation ltd v. the chief inspector of factories and ors., (1998-ii-llj-604)(sc) the question arose as to who would be deemed occupier as contemplated under section 2(n), clauses (ii) and (iii) of the act. according to their lordships ..... (n) of the act. their lordships have referred the same as they are also relevant for construing the true ambit and width of clauses (ii) and (iii) of that provision. in paragraph 11 of the judgment, their lordships held as follows:- 'in som prakash rekhi v. union of india and anr., (1981-i .....

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Aug 12 1998 (HC)

The Mysore Paper Mills Limited, Bhadravathi Vs. the Mysore Paper Mills ...

Court : Karnataka

Decided on : Aug-12-1998

Reported in : ILR1998KAR3620; 1998(6)KarLJ667; (1999)IILLJ552Kant

..... of india subscribed more than 97% share capital and state acquired deep and pervasive control of the mysore paper mills company. consequent upon the amendments introduced under articles 5-a and 5-b of memorandum of association in the year 1994, now the said company is entrusted with an important ..... from functioning as an executive member of a mpm officers' association which was registered on 30-12-1986 under the provisions of the indian trade unions act about a decade back. he also alleged in the writ petition that himself and other officers of the mill took active lead to ..... very fact that subsequently the said proceedings were dropped against him after receiving his explanation dated 30-4-1994 and the report from the manager (boilers), as admitted by the 2nd respondent in para 5 of the writ petition, itself shows that the then chairman and managing director of the company ..... 2nd respondent, since he was responsible for forming the officers' association which was registered on 30-12-1996 under the provisions of the indian trade unions act, in which he became the founder-secretary and was actively participating in the activities of the association as an office bearer by submitting charter ..... defined in section 617 of the companies act falls within the meaning of the word 'state' as defined in article 12 of the constitution of india?(2) whether the action taken by the appellant-company transferring the 2nd respondent to calcutta under the memobearing no. fpa trf 97 384, dated 27-11-1997 ( .....

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Feb 27 1998 (HC)

Arun Kumar Agrawal and Another Vs. State of Karnataka and Others

Court : Karnataka

Decided on : Feb-27-1998

Reported in : 1999(1)KarLJ603

..... to enter into a contract for the sale of electricity generated by it with any other person with consent of the competent government or governments. the aforesaid section was inserted by electricity laws (amendment act no. 50 of 1991) with effect from 15-10-1991, admittedly, before the initiation of the process of setting up of the power plants in the ..... consist of two nominal 250 mw (gross)/230 mw (net) generating units with an aggregate electrical capacity of approximately 500 mw (gross)/460 mw (net) with coal-fired boilers and other associated equipment, as more specifically described in the phase two ppa (the 'phase two facility'); andwhereas, the company desires to interconnect with the board system in order ..... sole object of amassing wealth and earning profits. the latest phenomenon is attributed to the so called liberalisation policy permitting the foreign investors for the proclaimed object of strengthening the indian economy for the alleged betterment of the people. corruption amongst politicians is related to various scandals such as relating to bofors, the hawala, the fodder scam, import of ..... and power (international) limited for the year ended 30th september, 1995; andchina light and power (international) limited and clp (international) limited for the year ended 30th september, 1996. 11. china light (mauritius) limited is a company incorporated in mauritius and is a subsidiary of clp (international) limited. all costs and payments in relation to the project are incurred and .....

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Dec 24 1998 (HC)

A.M. Shamsudeen Vs. Union of India (Uoi) and ors.

Court : Chennai

Decided on : Dec-24-1998

Reported in : [2000]244ITR266(Mad)

..... income-tax (second amendment) act, 1981, the amount covered under section 269ss, was rs. 10,000 which was increased to rs ..... . 20,000 by the direct tax laws (amendment) act, 1987, with effect from ..... of deposits. even that apart, section 269ss of the act which occurs in chapter xxb of the act, deals with two different kinds of transactions, namely, loans and deposits. section 269ss was introduced by the income-tax (second amendment) act, 1981, and by the same amendment, section 269t was also inserted with effect from july 11, 1981. at the time when section 269ss was introduced by the ..... chetty v. lakshmi ammal, air 1923 mad 578, that article 145 covers more than the depositum of roman law, and his lordship observed that the framers of the indian limitation act 'meant to use simple and plain language', but i take this to mean that the word 'deposit' is used in the ordinary sense of the word in the .....

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Dec 23 1998 (HC)

Shri Augustine Diago Fernandes Vs. R.H. Mendonca, Commissioner of Poli ...

Court : Mumbai

Decided on : Dec-23-1998

Reported in : 1999(5)BomCR382; 2000CriLJ1008

..... ,of adverse effect by any one, it is not possible to raise any presumption under section 114 of the evidence act or any other provisions of the indian evidence act.23. section 3 of the maharashtra prevention of dangerous activities act runs like this :'(1) the state government may, if satisfied with respect to any ..... has been defined in sub-clause (ii) of clause (2) of the maharashtra prevention of dangerous activities of slumlords, bootleggers and drug offenders act, 1981 as amended is as hereunder :'acting in any manner prejudicial to the maintenance of public ordermeans - (ii) in the case of a bootlegger, when he is engaged, or is ..... two respectable person from the area expressed their willingness to give their statement. their statements are recorded 'in camera' gist of which is as under :11. according to witness 'a' he is working in a hotel in the wadala market area. in his statement dated 2-3-1998 he stated that ..... sent to k.e.m. hospital for examination. consumers shri santosh sawant and shrinivas bhat were certified clinically under the influence of alcohol. on 16-11-1997 the detenu produced b.m.c. rent receipt no. 123840 dated 18-12-1996 issued in the name of detenu, in connection with ..... grounded by the detaining authority for clamping the detention order against detenu as aforementioned are stated as follows :2. at 21.00 hrs. on 5-11-1997 when mr. tayshete the senior inspector of police, r. a. kidwai marg police station on the receipt of the information from the credible source .....

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Dec 22 1998 (HC)

Dr. Vineet Singh and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Dec-22-1998

Reported in : AIR1999Raj187; 1999(1)WLC667

..... the university had formulated ordinance 278-e to 278-g laying down statutory criteria. section 30 of the university of rajasthan act prescribes the method of framing the ordinances. section 30(2) specifically prohibits the syndicate to amend any draft proposed by the academic council, but has powers to reject or return ..... consideration for admission to the post graduate degree/diploma courses respectively on the basis of merit in accordance with the regulations made under the indian medical council act. the order modifying to certain extent the earlier notification dated 15-12-1982 wherein the criteria for admission to post-graduate courses was ..... be less than 50%. it is also challenged that the resolution of the syndicate is against the provisions of the rajasthan university act and is totally non-speaking.11. the points require to be determined in the present petition are summed up as under:--(1) whether it is the state government ..... and in-service general candidates should be 50% and that of scs/sts 40%, but still the university vide annexure-5, impugned resolution dated 11-7-1998 in regard to admission had not accepted the resolution of the academic council and had resolved the qualifying marks to be 33% as ..... communications dated 18-6-1998 and10-7-1998 issued by the state government and consequential resolutions passed by the syndicate in the meeting held on 11-7-1998 in so far as they bring about a reduction in the minimum merit qualifying marks from 50% to 33% for admission to .....

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Dec 21 1998 (HC)

M/S. United India Insurance Co. Ltd. Vs. B. Hemawati and ors.

Court : Kolkata

Decided on : Dec-21-1998

Reported in : 2001ACJ749,(2000)2CALLT449(HC)

..... this appeal is directed against the award passed by the accident claims tribunal (district judge), port blair arising out of an application under section 166(a) of the motor vehicles act, 1988 as amended in 1994, filed by the respondents being the heirs and legal representatives of the victim, directing the appellant, insurance co. and ..... under or by virtue of the provisions of the act is not affected by any condition in the policy. considering this aspect of the terms of the policy, it is reasonable to conclude that proviso (a) of para 3 of the section 11 is a mere condition affecting the rights of the insured ..... the proceedings against the owner and the insurer by invoking the provisions of the newly enacted provisions under section 163-a of the said act which came into force on 14.11.1994 where under sub-section (2) the claimant is not required to prove negligence to get an award for compensation as per ..... offending truck was being driven rashly and negligently. the truct was covered under a policy of insurance with o.p. no.2 m/s. united indian insurance co. ltd. at that lime the truck had the registration number of andhra pradesh bearing no. adm-8062 which was brought by o.p. ..... issue, denial of opportunity to the parties to adduce proper evidence, makes it a fit case for remand with certain specific directions fixing a time limit.11. it has been contended on behalf of the appellant that the offending truck of the respondent no. 2 was carrying the victim as 'gratuitous passenger'. .....

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Dec 21 1998 (HC)

Sh. Kartar Singh Vs. State of Haryana and ors.

Court : Punjab and Haryana

Decided on : Dec-21-1998

Reported in : (1999)121PLR574

..... should be given to the officers/officials only in case they have earned 70% good or better than good reports during last 10 years of service. accordingly, an amended proforma is enclosed herewith. 3. in the matter of giving extension to gazetted officers in the service beyond the age of 50 years, it is necessary that they ..... the next contention raised on behalf of the petitioner is that the instructions issued by the haryana government, vide copy annexure p. ii, are violative of section 82 of the punjab reorganisation act, 1966, as it changes the conditions of service to his disadvantage. in support of his contention he referred to t. r. kapur and others v. ..... consider it necessary to take notice of an important feature of the appellant's case, which is clearly discernible from the record produced by the learned government counsel. 11. the appellant's case for extension of service beyond 55 years was initiated by the officials of the directorate of industries in september 1984. in the first note ..... retirement, the appellant earned the following overall grading :- ----------------------------------------------------------------------year overall integrity/honesty remarksassessment---------------------------------------------------------------------- 1975-76 below average not doubted adverse remarksconveyed vidememo no. admn./ca/ar/1975-76/11/904b dated12.7.1976. 1976-77 average -do- adverse remarksconveyed vidememo no.admn/ca/ar/1976-77/26840-adated 1.7.1977 1977-78 average -do- 1978-79 .....

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Dec 18 1998 (HC)

M/S. Asia Private Limited, Bangalore and Others Vs. Union of India and ...

Court : Karnataka

Decided on : Dec-18-1998

Reported in : ILR1999KAR1317; 1999(2)KarLJ259; (1999)ILLJ1239Kant

..... irrespective of number of contract labour engaged, it is contended by the learned counsel for the petitioners that what the 2nd respondent has done is virtually to amend the main section 1(4) of the said act. according to him the power conferred under the proviso to make exceptions to the main provision does not extend to the extent of empowering such an ..... above rulings of the supreme court, it is not open to the petitioners to contend that merely because the validity of the proviso to section 1(4)(a) and (b) of the act has not been specifically considered in the above decision of m/s. gammon indian limited's case, supra, while upholding the validity of the various provisions and rules of the ..... restricted to the procedural fairness of the action taken by the state government.therefore, the notification dated april 11, 1997, prohibiting the employment of contract labour in the canteen (industrial canteens) in factories employing 250 workers and above in the state of karnataka under section 10 of the contract labour (abolition and regulation) 1970, was valid'.the learned advocate general also relied ..... power to the appropriate government to apply the provisions of the act to any establishment or contractor employing less than 20 workmen, would serve the public interest and it is discriminatory in nature and hit by the provisions of articles 14(1)(d) and 19(1)(g) of the constitution.11. the learned counsel for the petitioners also relied upon another decision .....

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Dec 18 1998 (HC)

Dalit Sena, Karnataka Vs. the Karnatak University, Dharwad and Another

Court : Karnataka

Decided on : Dec-18-1998

Reported in : 1999(2)KarLJ1

..... the board of appointment at the stage of preparing the select list as required under sub-section (7) of section 49 of the act. further it is also clear from sub-section (8) of section 49 of the act that the board of appointment is empowered to include the names of candidates belonging to scheduled ..... carried forward. the university is stated to have earmarked the roster point in respect of each post against backlog vacancies.while opposing the application for amendment, the respondent-state has submitted that the order sought to be quashed is legal, valid and according to law.6. in the additional statement ..... poor and neglected for the purpose of minting money in their name by projecting their grievances in the sweet coated pills of public interest litigation.11. testing on the touchstone of the guidelines provided by various pronouncements it has to be seen in the instant case as to whether this ..... professors, readers and lecturers. the impugned advertisement is claimed to have been issued strictly according to the directions contained in government order no. dpar 11 sbc 94, dated 22-2-1994 permitting the university to club the different posts treating them as combined cadre for the purpose of application of ..... of karnataka is stated to have issued roster system vide notifications issued from time to time, that is, 12-2-1989, 27-2-1989, 5-11-1994, 13-1-1995 and 21-6-1995. the said roster system has been directed to be followed by all educational institutions including the universities. .....

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