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 his father ..... (3) section 109 of the merchant shipping act (employment of ..... also, the study reports make it clear that although many of the economic activities in which children are engaged have not yet been categorised as 'hazardous' with respect to the child labor act and are, therefore, not on the list of banned occupations, they do indeed pose a risk to the health, growth and well-being of the children concerned. ..... as she drew nigh to the more fashionable quarter of the town, kate marked many of this class as they passed by hurrying like herself to their painful occupation and saw in their unhealthy looks andfeeble gait but to clear an evidence that her misgivings were ..... by the age of three, a child who is neglected or abused bears marks that, if not indelible, are exceedingly difficult to erase'.this indeed is ..... these omissions of the employers should be treated as a black-mark while considering the case for renewal of the licence to run the establishments in future or earning any statutory benefits such .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1966Kant330; AIR1966Mys330; (1965)1MysLJ6
..... 1962 the petitioner built a tug of its own called mubarak registered under the merchants shipping act, 1958. ..... performance of services by the board:(1) the board shall, according to its powers, provide all reasonable facilities for and shall have power to undertake the following services: (a) landing, shipping, or transshipping passengers and goods between vessels in the port and wharves, piers, quays or docks in possession of the board: (b) receiving, removing shifting, transporting, storing or delivering goods brought within the board's premises:xx xx xx ..... petitioner is that the board being a creature of statute, having only the powers conferred on it (whether expressly or impliedly) and being under a duty to act only in the manner provided in the statute, cannot compel the petitioner to seek its permission when the provisions of the act do not empower the board to make such permission a condition precedent to the user of the tug by the petitioner for the aforesaid purpose.the legal position ..... what is relevant for the present purpose is that the maintenance of these tug boats by the port authorities, serves to emphasize the ..... 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 ..... restriction on the petitioner carrying on its business of loading and unloading ships and is violative of art. ..... of the respondents is on the following lines:under s. ..... petitioner's letter dated 11-5-1962 marked ex. .....
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 of age ..... 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 11 years ..... 20,000/- and the inspectors, whose appointment is visualised by section 17 to secure compliance with the provisions of the act, should do this job. ..... the impugned order 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. ..... supreme court has ordered compensation in terms of the directions contained in para 27 of the judgment and that cannot be confused with levy of fine by way of penalty under section 17 of the act. ..... 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 sc 679 ..... 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 carried on ..... section 24 of the plantation labour act, 1951 provides that no child who has not completed his twelfth year shall be required or allowed to work in any .....
Tag this Judgment!Court : Karnataka
Reported in : 1995(1)KarLJ113
..... 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. ..... 'bangalore water supply and sewerage board' consisting of not less than three but not more than 7 members appointed by the state government section 9 of the 1964 act, provides that the board shall be a body corporate having perpetual succession and a common seal, with power subject to the provisions of this act and the rules made thereunder, to acquire, hold and dispose of property, both movable and immovable, and can sue or be sued in its ..... in the instant case section 16 of the bangalore water supply and sewerage act, clearly authorises the board to levy rates, fees, rental and other charges with power to vary such rates, fees, rental and other charges from time to time in order to provide sufficient revenue for the purposes mentioned in the said section including the coverage of operating expenses, taxes and interest payments and to provide for adequate maintenance and depreciation etc. .....
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. ..... in the instant case section 16 of the bangalore water supply and sewerage act, clearly authorises the board to levy rates, fees, rental and other charges with power to vary such rates, fees, rental and other charges from time to time in order to provide sufficient revenue for the purposes mentioned in the said section including the coverage of operating expenses, taxes and interest payments and to provide for adequate maintenance and depreciation etc. .....
Tag this Judgment!Court : Karnataka
..... ) or any other law for 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 properties specifically charged with the ..... in the said case, the registrar of trade marks issued to the appellant therein a notice under section 56(4) of the trade and merchandise marks act, 1958 to show cause against the proposed cancellation of appellants' certificate of renewal. ..... that was to meet coffee crop raising/estate maintenance expenses of 1998-99 season. ..... . this reasoning is in line with what we have deduced above .....
Tag this Judgment!Court : Karnataka
..... ) or any other law for 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 properties specifically charged with the ..... in the said case, the registrar of trade marks issued to the appellant therein a notice under section 56(4) of the trade and merchandise marks act, 1958 to show cause against the proposed cancellation of appellants' certificate of renewal. ..... that was to meet coffee crop raising/estate maintenance expenses of 1998-99 season. ..... . this reasoning is in line with what we have deduced above .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1963Kant141; ILR1963KAR183; [1962]13STC508(Kar)
..... 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 ..... sales in the state by the importer after the goods have crossed the customs frontier are not within the exemption; and (3) sale in the state by the exporter or importer by transfer of shipping documents while the goods are beyond the customs frontier are within the exemption assuming that the state-power of taxation extends to such transactions. 25. ..... 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 ..... 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. ..... goods were manufactured with 'the main intention for export' beyond the fact that they were sold to exporters and marked 'for export' at the time of despatch. ..... pradesh : [1958]1scr1422 concludes that ..... 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 ..... section 31 of the partnership act falls in line with section ..... 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 ..... there was lot of income from agricultural sources and the stud farm also had race horses belonging to other owners and charged maintenance fees, in a substantial amount and it was earning huge amount. ..... 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 ..... the documents which have been marked as ex d2 & ex d6 containing the .....
Tag this Judgment!Court : Karnataka
..... grounds urged amongst 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) of constitution of india ..... we are of 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 passed by the chairman ..... notification consist of a competitive examination and preparation of select list on the basis of marks secured in the competitive examination with the weightage added in terms of rule 6. ..... ameer ahamad aged about37years r/a tamarind merchant jayanagar main road shikaripura taluk shimogha - ..... to proceed appointing the teachers in the lines of observation made in paragraphs 45 and ..... about32years at keni post keni, taluk ankola ankola, uttarakannada karnataka-581 314. 77 28 . ..... about27years r/at shedikuli post babruwada taluk ankola uttara kannada district-581 314. 14 . ..... aged about28years near shankar narayan temple laxmeshwar ankola-581 314. 13 . .....
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