Judgment Search Results Home > Cases Phrase: rampur raza library act 1975 section 22 returns and reports Page 15 of about 1,636 results (0.287 seconds)

Varghese and anr. Vs. Industrial Tribunal and ors.

Court : Kerala

Reported in : (1961)IILLJ479Ker

..... 477 (supra) reaffirms the test; for he holds that prima facie the test for the determination of relationship between master and servant is the existence of the right in the master to supervise and control the work done by the servant not only in the matter of directing what the servant is to do, but also the ..... court of kerala has adverted to this fact, though it had not the advantage of seeing the decision of this court, and, in our opinion, the conclusion reached by it cannot now be challenged because it has considerable support from the decision of ..... urged before us that the tribunal's conclusion on the fourth issue was incorrect and it has erred in rejecting the petition under section 33 of the industrial disputes act on insufficient grounds. ..... however, informed us that such adjustment would be possible only after the case is sent back to the tribunal, and that it should be so sent back, is clear; for, the tribunal has not fully appreciated the principle on which a person can be held to be the employer ..... may well consider other pronouncements of the supreme court as to the points on which the decision must be given when a petition under section 33 of the industrial disputes act is made. ..... and control been treated as the decisive test under the industrial disputes act, but it has been further applied to ascertain who is the ' employer ' under the factories act ..... and direction over the work of the labourers, as to constitute him the employer for the purposes of the industrial disputes act .....

Sri Ashis Chakraborty and ors. Vs. Hindustan Lever Sramik Karmachari C ...

Court : Kolkata

Reported in : (1992)1CALLT486(HC),96CWN673

..... this decision also like the earlier one did not propound any broad proposition of law that except punishment, no other order or decision is appealable under section 19 but on the other hand it broadens the proposition that only such orders or decisions in which some point is decided or a finding is given in the exercise of jurisdiction to punish for contempt, an ..... learned advocate-general, who appeared on behalf of the appellants drew our attention to various changes that the learned single judge made from his earlier order and they were as follows :(i) the assistant district judge is to act as the returning officer ; (ii) the special officers might take other persons to help them in. ..... if the scope of appeal under section 19 is restricted only to punishment imposed under section 12 and nothing beyond, then a person who is ex facie found guilty of contempt under section 14 and is detained in custody pending the hearing on the charge of contempt and is refused bail, would have no right of appeal against such refusal of bail pending the decision on the charge of contempt which will amount to deprive the alleged contemner of the right of ..... reported in : 1978crilj772 , it was held that on a mere initiation of a proceeding for contempt by issuance of a notice under section 17, no question was decided and hence an order merely initiating a proceeding without any further order, did not decide anything against the alleged contemners and hence could not be appealed against under section .....

Manas Ranjan Jaina vs.state

Court : Delhi

..... learned app for the state submits that the impugned judgment suffers from no illegality and considering the seriousness of the offence and the minimum sentence prescribed, the appellant be not released on the period undergone. ..... for the offence punishable under section 376 ipc and rigorous imprisonment for a period of 3 years and a fine of rs. ..... july 1999 the prosecutrix was brought to the police station where her statement was recorded on the basis of which fir no.357/1999 was registered under sections 363/366/376 ipc at ps gokulpuri. ..... in view of the evidence on record and the fact that it has been proved beyond reasonable doubt that age of the prosecutrix was between 12 years and 14 years and her consent was thus immaterial, the charge for offence punishable under sectionsipc stands proved beyond reasonable doubt ..... assistant professor radiology department, gtb hospital stated that she had examined the x-ray report of the prosecutrix for bone age determination and she opined vide the report ex. ..... that when she used to raise alarm, the appellant used to threaten her and sometimes he even closed her mouth with his palm.6. ..... impugned judgment, learned trial court acquitted bobby, the friend of the prosecutrix and relative of the appellant coming to the conclusion that there was contradiction in the testimony of the prosecutrix on that count and even if it is accepted that bobby was instrumental in acquainting the appellant with the prosecutrix, the said act was not an offence.14. ..... returned. .....

Namdeo Asruba Mali Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1985Bom211; 1985(1)BomCR392; (1985)87BOMLR42; 1985MhLJ671

..... authorised officer under section 7(6) of the maharashtra debt relief act, 1975 (for short 'the act') to go behind the apparent nature of the transaction and determine the real nature of the transaction and grant relief to the debtor.in punamchand's case : air1978bom103 , the division bench held:--'if the transaction is expressed in the form of a sale-deed we do not understand how the tahsildar acting under the provisions of the debt relief act can go beyond the document and adjudicate that the ..... of the maharashtra debt relief act, 1975 do not include any section which permits the authorised officer to go out beyond the transaction and find out the real nature thereof ..... civil prison in execution of any decree for money passed against him by a civil court in respect of any such debt shall be released; (e) every property pledged or mortgaged by such debtor shall stand released in favour of such debtor, and the creditor shall be bound to return the same to the debtor forthwith on the debtor making an application in writing in that behalf; and the creditor shall pass a receipt to the debtor of having received the application ..... . section 6 lays down that if a creditor fails to return the property to the debtor as required by clause (e) of section 7, apply to the district magistrate to put ..... debt shall not be recoverable from the debtor personally on any manner and (ii) such property shall stand released in favour of such debtor and the creditor shall be bound to return the same to the debtor .....

U.P. State Spinning Mills Co. Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (1994)IILLJ468All; (1993)1UPLBEC183

..... while interpreting section 4-k of the u.p, industrial disputes act or section 10 of the central act one cannot be oblivious of the fact that the provisions in these acts are calculated to ensure social justice to both the employers and the employees and advance the progress of industry by bringing in the existence of harmony and cordial relations between the parties. ..... as already stated, the expression 'at any time' in the context in which it is used postulates that a reference can only be made if an industrial dispute exists or is apprehended, no reference is contemplated by the section when the dispute is not an industrial dispute, or even if it is so, 'it no longer exists or is not apprehended, for instance, where it is already adjudicated or in respect of which there is an agreement or a settlement between the parties or where the industry in question is no longer in existence.9. ..... in this view the mere fact that there has been a lapse of time or a party to the dispute was, by the earlier refusal, led to believe that there would be no reference and acts upon such belief, does not affect the jurisdiction of the government to make the reference'.having been shown these two authorities shri v.b. ..... ordinarily, the question of making a reference would arise after conciliation proceedings have been gone through and the conciliation officer has made a failure report. ..... this view is fortified by the supreme court as reported in the case of telco convey drivers mazdoor sangh and ors. v. .....

Cawnpore Sugar Works Ltd. Vs. Dr. B.P. Mohindra and ors.

Court : Allahabad

Reported in : (1971)IILLJ169All

..... 1965)illj668sc their lordships of the supreme court observed on page 184:--the decisions of this court have consistently taken the view that in order that a dispute between a single employee and its employer should be validly referred under section 10 of the act, it is necessary that it should have been taken up by the union to which the employee belongs or by a number of employees.the same principle applies to a reference made under section 4-k of the u.p. ..... rely upon section 2-a introduced in the industrial disputes act, 1947 (central act xiv of 1947) by the amending act xxxv of ..... decided on 8-5-1968 it was held by a single judge of this court that section 2-a introduced in the central act covers references made under the u.p. ..... section 2-a thus introduced in the central act provides that any dispute between a workman and his employer connected with discharge, dismissal, re-placement or otherwise shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a ..... deals not with the matters which formed the subject-matter of the earlier legislation but with other and distinct matters though of a cognate and allied character, then clause (2) of article 254 will have no application.12. ..... [1971] factories and labour reports 38, it was observed by a division bench of this court on page 43 that it was open to the government to refer the dispute in question to the labour court constituted under the industrial disputes act (central act). .....

Bharat Heavy Electricals Ltd. and ors. Vs. Union of India (Uoi) and or ...

Court : Orissa

Reported in : 66(1988)CLT456; [1988]71STC25(Orissa)

..... ordinance has no force ;(ii) without amendment of the definition of 'goods' in article 366(12) of the constitution and entry 64 of list ii of the seventh schedule, there is no scope for amending the act to bring within its sweep the transaction in works contracts ;(iii) 'taxable turnover' in section 5(2)(aa)(i) in respect of works contract is an arbitrary provision having no relationship with sale and purchase of goods which alone is liable to tax and has also no guideline for determination of the same ;(iv) it leaves scope for levy of tax ..... under the state act on inter-state sale and declared goods leviable to tax under the central sales tax act, or goods which have already suffered taxation under the state ..... counsel for some of the petitioners, submitted that the 46th amendment to the constitution is ultra vires the constitution itself inasmuch as the parliament intended to nullify the effect of the decision of the supreme court reported in [1958] 9 stc 353 [state of madras v. ..... , under the scheme of the act the dealer gets opportunity to file a return. ..... when in the return, the dealer points out the same, the taxing authority is to examine the correctness of the .....

Dr. M. Ismail Faruqui Etc, Mohd. Aslam, Hargyan Singh, Thakur Vijay Ra ...

Court : Supreme Court of India

Reported in : AIR1995SC605A

..... adjacent area on the ground that it is unnecessary for achieving the objective of settling the dispute relating to the disputed area cannot be examined at this stage but, in case the superfluous area is not returned to its owner even after the exact area needed for the purpose is finally determined, it would be open to the owner of any such property to then challenge the superfluous acquisition being unrelated ..... the transfer is effected in the manner indicated in section 6, is a clear indication of the acquisition of only a limited and not an absolute title in the disputed property by the central government, sections 6 and 7 read together give a clear indication that the acquisition of the disputed property by this act is for a particular purpose and when the purpose is achieved the property has to be transferred in the manner provided in section 6; and the central government is obliged to maintain ..... communal harmony and the spirit of common brotherhood amongst the people of india, it was considered necessary to acquire the site of the disputed structure and suitable adjacent land for setting up a complex which could be developed in a planned manner wherein a ram temple, a mosque, amenities for pilgrims, a library, museum and other suitable ..... : [1975]2scr317 , has held :.one thing is, however, clear that article 26 guarantees inter alia the right to own and acquire movable ..... in spite of initial reports from ayodhya on 6th december, 1992 indicating an air of normalcy, around mid- .....

The Associated Cement Companies Ltd. Vs. their Workmen

Court : Supreme Court of India

Reported in : AIR1960SC777; [1960(1)FLR349]; (1960)ILLJ491SC; [1960]3SCR157

..... said demands were referred to the conciliation officer for conciliation but the efforts at conciliation failed, and on receiving a failure report from the officer the saurashtra government made the present reference purporting to exercise its jurisdiction under ..... the assumption that the cement kamdar mandal which purported to terminate the awards under the said section represents the minority of the workmen employed at porbandar, and we purpose to deal with the point raised in the appeal on the same assumption. ..... of industrial adjudication recognised by the provisions of the act clearly appears to be that disputes between employers and their employees would be governed by the act where such disputes have assumed the character of an industrial ..... obvious that if the majority rule is adopted very few awards, if any, could be terminated because very few unions would be able to claim a majority of members on their rolls, and in their present stage of organisation in very few cases would a majority of workmen be able to meet, decide and act together otherwise than through their union. ..... that, though the expression 'any party bound by the award' refers to all workmen bound by the award, notice to terminate the said award can be given not by an individual workman but by a group of workmen acting collectively either through their union or otherwise, and it is not necessary that such a group or the union through which it acts should represent the majority of workmen bound by the award. 13. .....

Indian Oxygen Ltd. Vs. Workmen as Represented by Indian Oxygen Karamch ...

Court : Supreme Court of India

Reported in : AIR1979SC1196; [1979(38)FLR145]; 1979LabIC585; (1979)ILLJ266SC; (1979)3SCC291; [1979]2SCR911

..... it has further been argued that the settlement of june 30, 1975 with the federal union would have been operative even without the shramik sangh settlement and section 18(1) of the central act would be applicable to it as it was not a settlement during the course of conciliation proceedings and was binding on the federal union under section 36(1)(a) and (b) of the central act and it was not permissible to make a general reference covering even the workmen belonging to a union affiliated ..... settlement (with the shramik sangh), a settlement under section 18(1) of the central act and was binding on the members of the shramik sangh as it was affiliated to the federal union and for that reason also it was not permissible to make a reference for adjudication in respect of all the workmen including those who belonged ..... to that section cannot therefore sustain the argument that the settlement dated august 27, 1975, became binding on all workmen including the karamchari union, which had nothing to do with it and was not even a party to it, and that the union was precluded from raising an industrial dispute and the state government was precluded from referring it for adjudication under section 4k of the ..... act similar to sub-sections (1) and (3) of section 18 of the industrial disputes act, 1947, (hereinafter referred to as the central act), it is not permissible for the karamchari union to contend that the settlement which had been made with the shramik sangh will bind only the workmen who .....