Judgment Search Results Home > Cases Phrase: rampur raza library act 1975 section 11 authentication of orders and other instruments of board Page 1 of about 7 results (0.081 seconds)

Builders Association of India and ors. Etc. Etc. Vs. Union of India (U ...

Court : Delhi

Reported in : 139(2007)DLT578

..... the term 'board' is defined by section 2(a) of the cess act to mean the board constituted by the state government, section 2(d) of the cess act adopts all of the definitions contained in the bocw act and reads as under:2 (d) words and expressions used herein but not defined and defined in the building and other construction workers (regulation of employment and conditions of service) act, 1996 shall have the meanings respectively assigned to them in that act. ..... this order, while setting out the definition of 'building and other construction workers' under section 2(d) of the act, emphasises the applicability of section 3(2) of the cess act which requires collection of cess by deduction at source in relation to a building or other construction work that pertains to a government or a public sector undertaking ..... 26.4 applying the tests mentioned in hingir rampur, the 'primary object' of the cess act and the 'essential purpose' which it is intended to achieve' are not in any ..... 28.3 in kewal krishan puri the extracted passage from hingir rampur was sought to be distinguished thus:the above passage does not mean that the service rendered is unconnected with or not meant for the payer of ..... ' applying the hingir rampur tests, it has to be held that the cess act cannot be construed to be a tax ..... ' applying the hingir rampur tests, it has to be held that the cess act cannot be construed to be a tax at ..... is that of the constitution bench of the hon'ble supreme court in hingir-rampur coal co. .....

State of Sikkim Vs. Rakesh Rai @ Vishal Rai @ Purna Rai and Another

Court : Sikkim

..... is relevant to the fact that a maruti car was seen about the time when in the vicinity of the place where the deceased sonam dadul bhutia had been killed and the girl bina subba kidnapped, and that they have been corroborated by other evidence quite glaring in the records which are set out hereunder:- (a) the evidence of p.w.50, bhim sila gautam, who deposed that at about that time on that day a ..... we are conscious of the law that mere discovery of fact as a consequence of a disclosure statement under section 27 of the evidence act is not relevant and that its relevance must be established by other evidence. ..... in such a situation, this court perforce had to undertake the onerous task of examining the entire case as done hereinbefore in order to find out as to whether the prosecution has been successful in establishing the charges against the respondents in the light of the evidence on record and, as to the correctness of the findings of the learned trial court contained in the impugned judgment on some of the aspects which, in our view, are vital ..... the evidence of p.w.21, dinesh pradhan, the deceased sonam dadul bhutia, got out of his vehicle and boarded the one driven by praveen subba, accused no.1, and proceeded towards dentam, while deo man subba, p.w.19 and kailash rai, p.w.20, boarded his and returned to pelling. ..... of guilt by the juvenile convicts roshan rai and purna bahadur subba of the commission of the offence and the resultant conviction by the juvenile justice board. .....

Umashankar D. Shukla Vs. New Shakti Dye Works Pvt. Ltd.

Court : Mumbai

Reported in : 2002(3)ALLMR772; 2002(5)BomCR772; [2002(94)FLR367]

..... is capricious and arbitrary;(d) the action on the part of the management in abruptly dismissing the workman from service is illegal, improper and amounts to victimisation in as much as unfair labour practices;it appears that in the application filed by the petitioner under section 79 read with sections 78 and 42(2) of the act, the petitioner had taken some other ground to challenge the order of dismissal. ..... was aggrieved by the said dismissal order and, therefore, he sent a letter of approach under section 42(4) read with rule 53(1) of ..... completely defeated if the letter of approach in respect of a particular grievance is allowed to be followed by an application which includes a totally different grievance of the employee, as in the present case, where the letter of approach complained of the order of discharge merely on the ground that the charge against the respondent was baseless, while the application presented to the labour court included a totally different grievance as to the employer not having carried out the ..... the industrial court had wholly relied upon the following passage from the judgment of the labour appellate tribunal:--- 'section 42(4) of the bombay industrial relations act read with section 78(1) of the act under which the application in question was made to the labour court, expressly provides that no such application shall lie unless the employee has in the prescribed manner approached the employer ..... to act on a copy of this order duly authenticated by .....

Emperor Vs. Badan Singh

Court : Allahabad

Reported in : AIR1928All150; 118Ind.Cas.577

..... the position, it became my duty to hear the whole of the evidence so as to acquaint myself thoroughly with the facts of the case and thus be in a position to decide between the divergent views of the bench and then under section 429 to deliver my 'opinion,' the judgment or order to follow such opinion section 429, criminal p.c.27. ..... 500 may be a matter of indifference to him and to many others who would act similarly as he has been proved to do if it were thought that a fine would be the only penalty in the unlikely event of their conduct being ..... his reckless conduct badan singh's election has been set aside and he has been disqualified to be a member of the district board for a period of two years. ..... in the case of district board elections in nine cases out of ten before the ballot papers are scrutinized and counted the result is definitely known to the ..... result of the findings arrived at by him, the learned judge set aside the election of badan singh and declared 'a casual vacancy' to have been created and ordered that badan singh bedeclared incapable for a period of two years of being elected as a member of the board, or being appointed or retained in any office or place in the gift, disposal, pay or service of the board,8. ..... 9th december 1925 chaudhri badan singh was a candidate in a district board election at khandowa in the budaun district. ..... badan singh was a candidate in a district board election that was held on 9th december 1925, at khandowa polling station in the district .....

Nidhi Padhan Vs. Bhainra Khadia and ors.

Court : Orissa

Reported in : AIR1963Ori133

..... pattabhiramayya, air 1945 mad 498 and accepted the position enunciated therein that section 7 of the limitation act would not operate as a bar if the elder brother was not manager of the ..... chokapa boddu, air 1934 mad 469 that when the elder brother had become major long before and did not choose to file a suit to set aside alienation within three years or the attainment of majority, the suit was also barred by limitation so ..... air) their lordships closed the discussion with the following observation:'a reading of section 7 shows that the word 'discharge' cannot include a mere non-filing ..... sections 6(1) and 7 of the limitation act are as follows:'section 6(1) when a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the period of limitation is to be reckoned, a minor, or insane, or an idiot, he may institute the ..... mortgage and the sale were for legal necessities which were to meet household expenses, to pay up arrears or rent and to purchase some land in rampur colliery, where the plaintiff and defendant ..... institute a suit or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against them all; but where no such discharge can be given, time will not run as against any of them untill one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased.'mr. .....

T.K. Varghese Vs. Nichimen Corporation

Court : Mumbai

Reported in : 2001(4)BomCR168; (2001)4BOMLR917; [2001(90)FLR91]; (2002)IVLLJ1018Bom; 2001(3)MhLj711

..... shobhana gopal, the learned advocate for the petitioner, has submitted that the impugned order is contrary to the provisions of section 36(4) of the act as no advocate or a legal practitioner is permitted to appear in any proceedings under the act without the consent of the other party and without the leave of the authority. ..... in order to bring about and maintain fairness and equality in the fight the legislature provided under section 36 of the act how the parties would be represented in the proceedings under this act. ..... the provision is always subject to the scrutiny of the labour court/tribunal and it can always decide the question of refusal of consent by the other party and can overrule the refusal of the consent on merits independently while considering to grant or refuse the 'leave' contemplated under section 36(4) of the act.11. ..... -bearer of any trade union connected with, or by any other workman employed in the industry in which the worker is employed and authorised in such manner as may be prescribed : [provided that, where there is a recognised union for any undertaking under any law for the time being in force, no workman in such undertaking shall be entitled to be represented as aforesaid in any such proceeding (not being a proceeding in which the legality or propriety of an order of dismissal, discharge, removal, retrenchment, termination of service .....

Madras Refineries Limited Vs. the Chief Commissioner and ors.

Court : Chennai

..... in three classes: (i) where contract labour is engaged in or in connection with the work of an establishment and employment of contract labour is prohibited either because the industrial adjudicator/court ordered abolition of contract labour or because the appropriate government issued notification under section 10(1) of the clra act, no automatic absorption of the contract labour working in the establishment was ordered; (ii) where the contract was found to be a sham and nominal, rather a camouflage, in which case the contract labour working in the establishment of the ..... once the board was not a principal employer and the so-called contractor kashmir singh was not a licensed contractor under the act, the inevitable conclusion that had to be reached was to the effect that the so-called contract system was a mere camouflage, smoke and a screen and disguised in almost a transparent veil which could easily be pierced and the real contractual relationship between the board, on the one hand, and the employees, on the other, could be clearly visualised. ..... the existence of all these requisites does not hold out or proclaim itself that the instrumentality concerned is in every respect a legal and separate entity. ..... the learned senior counsel further referred to a judgment of the supreme court reported in (1975) 2 scc 557 [state of andhra pradesh and others v. .....

The J.K. Cotton Spinning and Weaving Mills Co. Ltd. Vs. the State of U ...

Court : Supreme Court of India

Reported in : AIR1961SC1170; [1961(2)FLR529]; (1961)ILLJ540SC; [1961]3SCR185

..... in modification of the order made by the board 'that the services of the 27 sepoys in question be terminated in accordance with the standing orders and that they would not be paid extra compensation as directed by the board. ..... case an inquiry was in fact pending before a conciliation officer, clause 23 applied in respect of any discharge or dismissal of a workman and employer could not take advantage of clause 5(a) of the government order and such an application could not in law be entertained by the board. 14. ..... obvious that by merely making an application under clause (5) on the allegation that a dispute has arisen about the proposed action to dismiss workmen the employer can in every case escape the requirements of clause 23 and if for one reason or other every employer when proposing a dismissal prefers to proceed under clause 5(a) instead of making an application under clause 23, clause 23 will be a dead letter. ..... seemed to suggest that while this rule of construction is applicable to resolve the conflict between the general provision in one act and the special provision in another act, the rule cannot apply in resolving a conflict between general and special provisions in the same legislature instrument. ..... section 24 provides that every order made or direction issued under the provisions of this government order shall be final and ..... order was issued by the governor of the united provinces in exercise of the powers conferred on him by clause (b), (c), (d) and (g) of section 3 and .....

Shaw Wallace Gelatines Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1983)3ITD177(Kol.)

..... gupta, the senior departmental representative, on the other hand, very strongly supported the order of the commissioner (appeals) and stated that a limit has been imposed on the payment of bonus by section 36(1)(ii).the assessee cannot pay bonus exceeding the amount payable under the bonus act. ..... the assessee came in appeal before the commissioner (appeals) and the commissioner (appeals) found that the disallowance made by the ito for the assessment year 1975-76 was deleted by the commissioner (appeals) on the ground that provisions of section 36(1)(ii) of the act came into force after 25-9-1975 and, therefore, that provision was not applicable for the assessment year 1975-76. ..... necessary settlement to this effect was arrived at between the management and the labour on 10-10-1975.the shaw leiner gelatine factory employees union jabalpur demaded that the workmen of the factory be paid 20 per cent bonus for the accounting year 1974. ..... it would be proper to quote section 36(1)(ii) with first proviso which was introduced with effect from 25-9-1975. ..... permanent employees an additional amount of 8.17 per cent of the wages earned by them during the accounting year 1974 as ex gratia payment in addition to the minimum bonus payable at 8.33 per cent as per the provisions of the payment of bonus act, 1965 on or before 1st of november, 1975. 3. .....

State Transport Controller Vs. the Presiding Officer, Industrial Tribu ...

Court : Orissa

Reported in : AIR1966Ori109

..... the services of shri lakhman pradhan was challenged mainly on two grounds :(i) that the order of termination of his services was in fact and in law a case of 'retrenchment' as defined in section 2(oo) of the industrial disputes act, 1947 (hereinafter to be called the act) and therefore the same not having been effected in accordance with the requirements of section 25f of the act was void and illegal:(ii) that in any case the termination of the services of lakhman pradhan was a colourable exercise of the power ..... therein their lordships observed,'if the contract gives the employer the power to terminate the services of his employee after a month's notice or subject to some other condition it would be open to him to take recourse to the said term or condition and terminating the services of his employees; but when the validity of such termination is challenged in industrial adjudication it would be competent to the industrial tribunal to enquire whether the impugned discharge has been effected in the ..... therefore, whether his service is governed and controlled by the rule 13(h)(ii), orissa civil service (classification, control and appeal) rules, 1962 or by the standing orders made under the industrial employment (standing orders) act, 1940, the tribunal had the jurisdiction to find whether the termination of lakhman pradhan in the present case was a termination simpliciter or by way of punishment, or in other words it was a case of a punitive action taken by the management .....