Court : Chennai
Reported in : AIR1967Mad77; 1967CriLJ205
..... in the tea district emigrant labour act (act 22 of 1932) 'adult' means a person who has completed his 16th year and a 'child' means a person who is not an adult. ..... relating to the prohibition or regulation of the employment of children or young persons, any person who is not over compulsory school age is deemed to be a child within the meaning of that enactment'under the family allowance act 1945, the national insurance act 1946, and the national insurance(industrial injuries) act, 1946 a person is treated as a child whilst he is under the upper limit of compulsory school age and during any period before his 18th birth day. ..... clause 8 runs thus:'proceedings under this section may be taken against any person in any district where he resides or is, or where he last resided with this wife, or as the case may be the mother of the illegitimate child'for the proceeding only the residence of the wife or mother of the illegitimate child is referred to. ..... means son or daughter and that reference to age is purposely omitted from it because the object of the section is to confer a right on any son or daughter to obtain maintenance from the father so long as he or she is unable to maintain himself or hereof. ..... in the children and young persons act 1933, which repealed and consolidated many of the previous statutes 'child' is defined generally as a person under the age of fourteen years and 'young persons' as a person who has attained the age of 14 years and is under the age of 17 years. .....
Tag this Judgment!Court : Chennai
Reported in : (1966)2MLJ506
..... . in the tea districts emigrant labour act (xxii of 1932) 'adult' means a person who has completed his ..... wife or any legitimate or illegitimate child unable to maintain himself, it shall be lawful for a magistrate, upon due proof thereof to order such person to make a monthly allowance...the next section in that act, section 44 penalising taking or enticing away women or female children runs thus:whoever unlawfully takes away, or detains against her will, any woman or female child; or unlawfully takes, or entices away ..... legally capable of entering into contracts and instituting suits, that person cannot any longer be considered a 'child', though a person who has not attained that status might be a 'child' for the purpose of section 488(1), criminal procedure code, even if that person is of such an age as to be ordinarily termed a 'boy' or 'girl' and not a 'child'. i leave open the question whether a ..... view of the conflict of caser-law and marked divergence of opinion between various high courts and even in decisions of the same high court on the question whether the word 'child' in section 488(1), criminal procedure code, in the context means a person 6f tender years or a person who has not attained the age of majority, that is, person under non-age or expresses only ..... . in the children and young persons act, 1933, which repealed and consolidated many of the previous statutes, 'child' is defined generally as a person under the age of fourteen years, and 'young person' as a .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi235; 1969CriLJ965
..... . reference has also been made by the learned judge to the definition of the word 'child' in the factories act 1948, the women and children's institution licensing act, 1956, tea districts emigrants labour act, 1951, child marriage restraint act 1929 and orphanages and other charitable homes (supervision and control) act 1960 in each of which the definition of the word 'child' is that of a person who is either 14 or 15 or 16 but in no case over 18 years of age ..... for the overriding effect of the act, the section reads:--'save as otherwise expressly provided in this act - (a) any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement of this act shall cease to have effect with respect to any matter for which provision is made in this act; (b) any other law in force immediately before the commencement of this act shall cease to apply to hindus in so far as it is inconsistent with any of the ..... it is argued that the abovementioned provisions of this act should be held to have pro tanto repealed the provisions of section 488 of criminal procedure code in their application to hindus ..... . it is argued that if the word 'child' in section 488 is to be interpreted as meaning a person other than a minor then in the case of hindus that part of the section must be held to have been pro tanto repealed in view of the overriding effect of section 4 of the act because there is a clear inconsistency between the two provisions .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891
..... held that clause (c) of sub-section (1-a) of section 7 and section 25-a of the 1950 act and the words 'other than constituency reserved for sanghas' in clause (a) of sub-section (2) of section 5-a and clause (c) of sub-section (2) of section 5-a of the 1951 act are violative of the provisions of articles 15(1) and 325 of the constitution and are not saved by article 371-f of the constitution ..... us 186 the cases challenging the distribution of political power through apportionment and districting, weighed-voting, and restrictions on political action were held to present non- ..... impugned provisions of the representation of the people acts are thus fully protected by the thirty-sixth constitutional amendment.122. ..... the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the legislative assembly of the state of sikkimand clause in the following terms :(k) all laws infotce immediately before the appointed day in the territories comprised m the state of sikkim ot any part thereof shall continue to be in force therein until amended or repealed by a competent legislature or other competent authoritythe argument is that the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26
..... found to be within the purview of entry 8, list ii of the seventh schedule of the constitution of india stating:'under entry 8 list ii in the seventh schedule to the constitution of india and thereby under sections 49 and 143(2)(v) of the prohibition act, the state has the exclusive right/ privilege in respect of potable liquor and the state, in our opinion, can charge any reasonable expenses or even consideration for permitting such activity by grant of licence and ..... 2scr375 , this court while interpreting the word 'restrictions' held as follows: 'it is reasonable to think that the makers of the constitution considered the word 'restriction' to be sufficiently wide to save laws 'inconsistent' with article 19(1), or 'taking away the rights' conferred by the article, provided this inconsistency or taking away was reasonable in the interests of the different matters mentioned in ..... at this juncture, it is useful to refer to the decision of this court in atiabari tea company limited (supra) wherein this court in no uncertain terms laid emphasis upon the economic ..... ideas and feelings about labour, property, producers' and consumers' interests, the environment and human ..... to the constitution of the united states is hereby repealed.section 2. ..... entire legal system prevailing at the time of the interpretation' (legal consequences for states of the continued presence of south africa in namibia (south west africa) notwithstanding security council resolution 276 (1970), advisory opinion, i.c.j. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)ALLMR597; 2002(1)BomCR197; (2001)4BOMLR691; [2002(93)FLR58]; (2001)IILLJ1398Bom
..... it would be appropriate to reproduce sub-sections 4 and 5 of the section 1 of the said act of 1970, which reads thus :-'(4) it applies - (a) to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour; (b) to every contractor who employs or who employed on any day of the preceding twelve months twenty or more workmen : provided that, the appropriate government may, after giving not less than two months notice ..... in our view, this meaning can be ascribed on the basis of section 2(l)(i) of the act of 1970, which defines 'workman', read with rule 25(2)(iv)(b); as well as the notification issued by the government of maharashtra under the provisions of minimum wages act, which classifies the workers broadly in 4 categories, skilled, semi-skilled, ..... the only exception provided by the act of 1970, by virtue of sub-section 5 of section 1 of the act is, to the establishment in which work of an intermittent or casual ..... him, if it is demonstrated to the authority that, the provisions of the act of 1970 would apply to any establishment or for that matter to any contractor, in that case, it is the duty of the officer to insist upon such establishment to register and also insist upon the contractor to obtain licence and failing to do so by either will have the inevitable effect of drawing presumption that the contract labour so employed by the establishment are the direct workers of the establishment since .....
Tag this Judgment!Court : Allahabad
Reported in : [2001(89)FLR200]; (2001)IILLJ586All
..... will be open for the petitioner to move afresh before the appropriate government, to avoid any uncertainty in the matter, and if any such representation is moved, the appropriate government shall consider the same in accordance with section 10 of the contract labour (regulation and abolition) act, 1970 expeditiously without keeping it pending for long. ..... its order dated january 27, 1997 this court directed the state government to consider the petitioners' representation in accordance with the provisions of section 10 of the contract labour (regulation and abolition) act, 1970 (hereinafter to be referred as the 'act') expeditiously. ..... the secretary having issued the order annexure-1 acted in clear contravention of the provisions of section 10 of the act, 1970 by passing a non-reasoned and altogether a discriminatory ..... labourers who have been working for the last about ten years are still victims of the labour evils and the government and its functionaries are' instrumental in frustrating the very object and purpose of a welfare legislation, namely, the contract labour (regulation and abolition) act, 1970. ..... 1995 sc 1893 : 1995 (5) scc 27 : 1995-ii-llj-790 recommended that all undertakings which are employing the contract labour system in any process, operation or work which satisfies the factors mentioned in clauses (a) to (d) of section 10(2) of the act should on their own discontinue the contract labour and absorb as many of the labour as is feasible as their direct employees, 22. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1325
..... same reasons which have weighed with me in holding that the burden must lie on the state to prove that the death penalty provided under section 302 of the indian penal code read with section 354 sub-section (3) of the crpc is not arbitrary and unreasonable and serves a legitimate penological purpose where the challenge is under article 21 must apply equally ..... and i cannot therefore read the observations of the learned judge as, in any manner, casting doubt on the validity of the statement of law contained in sagir ahmed and khyerbari tea company's cases (supra), it is clear on first principle that sub-clauses (a) to (g) of clause (1) of article 19 enact certain fundamental freedoms and if sub-clauses (2) to (6) ..... which have abolished death penalty and so also in the united kingdom, death penalty stands abolished from the year 1965 save and except for offences of treason and certain forms of piracy and offences committed by members of the armed forces ..... there the constitutional validity of the kerala agriculturists' debt relief act 1970 was challenged on the ground of violation of both articles 14 and 19(1)(f) before entering upon a discussion ..... guided discretion' statute enacted by the legislature of massachu-settes, the supreme court of massachusettes by a majority held in district attorney for the suffolk district v ..... 'twelve of those by whose labour we live the very men whom we have depraved and are still depraving by every means in our power from the poison of vodka to the terrible .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1126; 1993(1)ALT(Cri)390; 1993CriLJ1029; 1992(3)Crimes1104(SC); JT1992(Suppl1)SC588; 1992(3)SCALE339; 1995Supp(4)SCC469; [1992]Supp3SCR284
..... dinesh khosla, a human rightist, after studying the conditions of untouchables and impact of protection of civil rights act vis-a-vis human rights interacting with all sections of rural north india and staying with dalits, in his 'myth and reality of the protection of civil rights law', hindustan publishing corporation (india) delhi, 1987, stated ..... attempt to assert equality or its perceived exercise receives the ire of the dominent sections of the society and the dalits would become the object of atrocities and oppression. ..... kagzi in his segregation and untouchability abolition, 1976 edition, at page 207 stated that it (untouchability) connotes the acts, action or practice of non-touching of the members of the lowest by the caste hindus, which means separation, segregation and isolation of such persons from the ..... the trial court convicted all of them under section 4 of the act and sentenced them to undergo simple imprisonment for one month and a ..... 161 it was further stated that since independence, and particularly since 1970's as untouchables have more openly resisted discrimination, reports of terrorism against them have increased both in number and in ferocity; gouging out the eyes of untouchables in full view of assembled villagers who are terrified ..... instance the practice of bonded labour is not only an offence but its abolition is also a right enforceable under abolition of bonded labour regulation act. ..... prohibits begar and other similar forms of forced labour, (bonded labour). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; 19831SCR145;
..... awarded is that of death) or in proceedings in revision for enhancement of the sentence (where the sentence awarded is one of imprisonment of life.in deference to this recommendation, section 66 of the crpc (amendment) act, 1955 (xxvi of 1955) deleted old sub-section (5) of section 367 with effect from january 1, 1956, and thereafter, for such capital offences, it was left to the court, on the facts of each case, to pass, in ..... organizing the commission of any of the above-named offences (article 72); commission of any of the above-named offences against other working people's state (article 73); banditry (article 77); actions disrupting the work of corrective labour institutions (article 77-1); making or passing counterfeit money or securities (when the offence is committed as a form of business) (article 87); violation of rules for currency transactions (when committed as a form of business or ..... have abolished death penalty and so also in the united kingdom, death penalty stands abolished from the year 1965 save and except for offences of treason and certain forms of piracy and offences committed by members of the armed ..... former judicial officer, district attorney or solicitor or former district attorney or solicitor during ..... agriculturists' debt relief act 1970 was challenged on the ..... the decisions of this court in saghir ahmed's case and khyerbari tea company's case (supra) which were cases directly involving challenge under ..... to sections 374, 375, 376 and 377 of the repealed code) .....
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