Court : Karnataka
Reported in : ILR1997KAR2269; 1998(1)KarLJ191
..... (iii) section 109 of merchant shipping act, 1951: 'no person under fifteen years of age shall be engaged or carried to sea to work in any capacity in any ship, except-- (a) in a school ship, or training ship in accordance with the prescribed conditions; or (b) in a ship in which all persons employed are members of one family, or (c) in a home-trade ship of less than two hundred tons gross; or (d) where such person is to be employed on nominal wages and will be in the charge of ..... section 109 of the merchant shipping act (employment ..... attains the age of 14 and ascertain as to whether he is in the school and studying, whether gainfully employed, of the nature of employment if employed, the reports received under the labor legislation by the authorities after checking the work place, and such other relevant ..... has remained intractable, even after about 50 years of our having become independent, despite various legislative enactments, to which we shall refer in detail subsequently, prohibiting employment of a child in a number of occupations and avocations'.it remains a fact that in spite of the several court verdicts, child labor still persists in a ..... the commissioner of labor may also depute an officer subordinate to him or such number of officers as are necessary and make a local inspection with respect to these industries to satisfy as to whether there has been any infraction of ..... there should be check by medical officers of the health of the working child periodically and the report .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant330; AIR1966Mys330; (1965)1MysLJ6
..... year 1962 the petitioner built a tug of its own called mubarak registered under the merchants shipping act, 1958. ..... a-5dated 5-7-1962 was that there appeared to be no provision in the harbour craft rules 'under which the registering officer could grant license to crafts not intended for (1) carrying cargo passengers, animals: (2) finishing:' the same stand is indicated in para 9 of the counter affidavit filed by ..... for instance, the provisions in part ii special rules section b (of the harbour craft rules) pertaining to vessels propelled by mechanical power may be applicable to ..... 96 of the madras port trust act (2 of 1905) referred to in : air1961mad234 correspond to the provisions of section 40 and s. ..... the contention that the board could legally prohibit the petitioner from using 'mubarak' for towing petitioner's licensed cargo boats, reliance was placed on sections 32, 33(8) 40(1)(a)(b) and 40(2) of the act. ..... 40, further under sub-section (2) in respect of any of these services so undertaken by the board it is its duty, when required by any owner, to ..... (d) of sub-section (1) which it shall have undertaken: provided that the board shall not be bound to perform any service which it has relinquished under the provisions of clause (a) of sub-section (1) of s. ..... should be availed of and that the petitioner ought not to make use of petitioner's own private tug.the said condition is a part of the statement of the conditions published in exercise of the powers conferred by sub-section (1) of s. .....
Tag this Judgment!Court : Karnataka
Reported in : [2006(108)FLR632]; ILR2005KAR6001; 2006(1)KarLJ365
..... section 109 of the merchant shipping act, 1951 prohibits employment of person under fifteen years ..... he registered a case alleging contravention of section 3 of the child labour (prohibition and regulation) act, 1986 alleging that petitioner has employed child labour called khaza-m-shekh aged about ..... section 24 of the beedi and cigar workers (conditions of employment) act 1966 provides that no child shall be required or allowed to work in any industrial premises (see 1997 ..... sections of the apprentices act also prohibits employment of fourteen years ..... section 45 of the mines act provides that no child shall be employed in any mine, nor shall any child be allowed to be present in any part of a mine which below ground or in any (open cast working) in which any mining operation is being ..... section 67 of the factories act, 1948 prohibits employment of ..... would see that for each child employed in violation of the provisions of the act, the concerned employer pays rs. ..... of the view that the offending employer must be asked to pay compensation for every child employed in contravention of the provisions of the act a sum of rs. ..... the inspectors, whose appointment is visualised by section 17 to secure compliance with the provisions of the act, should do this job. ..... is questioned by the petitioner on the ground that no compensation could be fixed by the impugned authority and the compensation if at all could be fixed by the jurisdictional magistrate in the light of section 14 and section 16 of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : 1995(1)KarLJ113
..... section 32 exempts shipping companies employing seamen in view of section 159(9) of the merchant shipping act, 1958 under which the industrial disputes act was inapplicable to such seamen, the disadvantages that indian shipping companies vis-a-vis foreign companies engaged in shipping would be put to if they were made to pay bonus and the obvious difficulties in applying the act to such foreign companies engaging indian seamen ..... classification brought about by the section 32(iv) of the payment of bonus act, between employees employed in an industry established by or under the authority of the local authority and those employed in any other establishment was ..... while examining the merits of the challenge the supreme court noticed that the scheme of the payment of bonus act was four dimensional namely : 1) to impose statutory liability upon the employer of every establishment covered by the act to pay bonus to employees in the establishment; 2) to define the principle of payment of bonus according to the prescribed formula; 3) to provide for payment ..... : (1963)illj536sc section 16 of the employees' provident fund act, 1952 was challenged on the ground that the same was discriminatory in nature inasmuch as if exempted the establishments registered under the co-operative societies act and other establishments employing 50 or more persons ..... section 32 would reveal that the classes of employees to which the act, has been made inapplicable are clearly distinguishable from the employees employed .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR2794
..... clause (ii) of section 32 exempts shipping companies employing seamen in view of section 159(9) of the merchant shipping act, 1958 under which the industrial disputes act was inapplicable to such seamen, the disadvantages that indian shipping companies vis-a-vis foreign companies engaged in shipping would be put to if they were made to pay bonus and the obvious difficulties in applying the act to such foreign companies engaging indian seamen. ..... narasimhan, it is the establishment of the local authority which is engaged in the running of the industry that alone will be exempt from the payment of bonus to its employees under the act.in order to appreciate the merit of this submission it is necessary to reproduce section 32(iv):'employees employed by an establishment engaged in any industry carried on by or under the authority of any department of the central government or a state government or a local authority.'29. ..... it was contended that if that be the object, the classification brought about by the section 32(iv) of the payment of bonus act, between employees employed in an industry established by or under the authority of the local authority and those employed in any other establishment was unfair, irrational and discriminatory. mr. .....
Tag this Judgment!Court : Karnataka
..... the time being in force; (b) a pledge of movables within the meaning of section 172 of the indian contract act, 1872 (9 of 1872); (c) creation of any security in any aircraft as defined in clause (1) of section 2 of the aircraft act, 1934 (24 of 1934); (d) creation of security interest in any vessel as defined in clause (55) of section 3 of the merchant shipping act, 1958 (44 of 1958); (e) * * * * * (f) any rights of unpaid seller under section 47 of the sale of goods act, 1930 (3 of 1930); (g) any properties not liable to attachment (excluding the ..... revenue derived from land situated in the state of karnataka and used for growing plantation crops; (2) any income derived from such land by, (i) agriculture, or (ii) the performance by a cultivator or receiver of rent-in-kind of any process ordinarily employed by a cultivator or receiver of rent-in-kind to render the produce raised or received by him fit to be taken to market, or (iii) the sale by a cultivator or receiver of rent-in-kind of the produce raised or received ..... his connection with the land, requires as a dwelling house, or as a store- house, or other out-building, and (ii) the land is either assessed to land revenue in india or is subject to a local rate assessed and collected by officers of the government as such or where the land is not so assessed to land revenue or subject to a local rate, it is not situated (a) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality .....
Tag this Judgment!Court : Karnataka
..... the time being in force; (b) a pledge of movables within the meaning of section 172 of the indian contract act, 1872 (9 of 1872); (c) creation of any security in any aircraft as defined in clause (1) of section 2 of the aircraft act, 1934 (24 of 1934); (d) creation of security interest in any vessel as defined in clause (55) of section 3 of the merchant shipping act, 1958 (44 of 1958); (e) * * * * * (f) any rights of unpaid seller under section 47 of the sale of goods act, 1930 (3 of 1930); (g) any properties not liable to attachment (excluding the ..... revenue derived from land situated in the state of karnataka and used for growing plantation crops; (2) any income derived from such land by, (i) agriculture, or (ii) the performance by a cultivator or receiver of rent-in-kind of any process ordinarily employed by a cultivator or receiver of rent-in-kind to render the produce raised or received by him fit to be taken to market, or (iii) the sale by a cultivator or receiver of rent-in-kind of the produce raised or received ..... his connection with the land, requires as a dwelling house, or as a store- house, or other out-building, and (ii) the land is either assessed to land revenue in india or is subject to a local rate assessed and collected by officers of the government as such or where the land is not so assessed to land revenue or subject to a local rate, it is not situated (a) in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Kant141; ILR1963KAR183; [1962]13STC508(Kar)
..... 765), a bench of the andhra pradesh high court held that in order to constitute inter-state trade or commerce within the meaning of article 286(2) of the constitution prior to its amendment by the constitution (sixth amendment) act, 1956, it is not sufficient if there is a sale and transportation of goods across the state's frontiers; there should also be a related connection between the sale and the movement of goods; the terms of sale ..... in that case, the facts found are : the property in goods (tea) purchased by the dealer in west bengal had passed in favour of the bombay merchants long before the goods left west bengal; soon after the goods were purchased by the dealer they were appropriated to his contract with the bombay parties; the dealer on ..... the positive side of the rule laid down, an export sale must of necessity be put through by transporting the goods by rail or ship or both out of the territory of india, that is to say by employing the machinery of export. ..... the petitioner is that the disputed turnover is protected by article 286 of the indian constitution as it stood prior to its amendment in 1956 and section 27 of the mysore sales tax act which is but a faithful reproduction of article 286. ..... commercial tax officer and others : [1961]1scr902 , the supreme court held that the explanation [to article 286(1)(a)] can apply only if more than one state is involved in the same transaction; when there is no other ..... of andhra pradesh : [1958]1scr1422 concludes that question. ..... 1958 .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(3)AIRKarR291; AIR2008NOC2137; 2008AIHC2457(Kar); 2008(5)KLJ220
..... partners of a firm dies, the firm automatically comes to an end and thereafter there is no partnership for a third party to be introduced therein and, therefore, there is no scope for applying clause (c) of section 42 to such a (situation, it may be that pursuant to the wishes or the directions of the deceased partner the surviving partner may enter into a new partnership with the heir of the deceased partner, but ..... other authors are also culled out in the very same chapter under the heading 'collection of other definitions' and under that, the definition given in the indian partnership act, 1932 (based on the partnership act 1890) is also included and the definitions as given by frederick pollock and watson are as under:pollock: partnership is the relation which subsists between parsons who have ..... the learned author dealing with the definition of partnership in chapter 2 of his work (15th edition 1984) says thus:'section 1(1) of the partnership act 1890 provides as follows:partnership is the relation which subsists between, parsons carrying on a business in common with a view of profit.from this statutory definition it ..... of gopirathnam gives rise to the inference that gopirathnam left the ship which was rocking at one point of time, and when the ship started to sail in clear waters, the appellants open their eyes ..... sherman two persons had dealings as merchants; one of them died; his widow filed a bill for an account, but although the statute of limitations did not apply, the bill .....
Tag this Judgment!Court : Karnataka
..... other by the appellants in these writ appeals are: (a) whether the writ petition is maintainable in view of the bar contained under article 323a of the constitution of india and in view of section 15 of the act, 1985; (b) whether a validly issued income certificate in terms of government order dated 12.12.1986, which order had been passed by the state in exercise of its power conferred under article 16(4) ..... the considered view that taking another view would undoubtedly result in indefiniteness and multiplicity in the matter of jurisdiction in situations when a decision passed under section 25 of the act is to be called in question especially in cases involving multiple parties residing within the jurisdiction of different high courts albeit aggrieved by one common order ..... aspect of the matter, applicable provisions of law and the judgments of the apex court it is clear that in the matters of recruitment process, it is the tribunal under the act, 1985 which is the court of first instance and the role of division bench of the high court within whose jurisdiction the tribunal is situated is only in exercise of and ..... (g) that since the said government orders have been passed in furtherance to the aforesaid acts the same have become statutory orders and while making appointments to any office in the civil service of the state of karnataka or a civil post under the state of karnataka appointment or posts shall be reserved for scheduled castes ..... r/a tamarind merchant jayanagar main road .....
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