Court : Karnataka
..... that is how, while considering the case of the parties in the aforesaid decision, whether the provisions of the hindu succession act was applicable to them, the madras high court considering the fact that, parliament had enacted the pondicherry (laws) regulation, 1963, and the pondicherry (extension of laws) act, 1968. ..... therefore, it is clear that as per section 3 read with the first schedule to the pondicherry 24 (laws) regulation, 1963, the provisions of the hindu succession act, 1956, were extended to the inhabitants of the union territory of pondicherry, subject to one restriction namely that in so far as renouncants are concerned, the hindu succession act would not have any application.35. ..... under section 4(2) of the pondicherry (administration) act, the central government was empowered by order to make such adoptions and modifications, for the purpose of facilitating the application of any law in relation to the administration of pondicherry and for the purpose of bringing the provisions of any such law into accord with the provisions of the constitution. ..... it is only when there is specific mention in the schedule that the provisions of hindu succession act or any other personal law is applicable, the same would be then applicable in the erstwhile french settlements including pondicherry (puducherry). .....
Tag this Judgment!Court : Karnataka
..... that is how, while considering the case of the parties in the aforesaid decision, whether the provisions of the hindu succession act was applicable to them, the madras high court considering the fact that, parliament had enacted the pondicherry (laws) regulation, 1963, and the pondicherry (extension of laws) act, 1968. ..... therefore, it is clear that as per section 3 read with the first schedule to the pondicherry 24 (laws) regulation, 1963, the provisions of the hindu succession act, 1956, were extended to the inhabitants of the union territory of pondicherry, subject to one restriction namely that in so far as renouncants are concerned, the hindu succession act would not have any application.35. ..... under section 4(2) of the pondicherry (administration) act, the central government was empowered by order to make such adoptions and modifications, for the purpose of facilitating the application of any law in relation to the administration of pondicherry and for the purpose of bringing the provisions of any such law into accord with the provisions of the constitution. ..... it is only when there is specific mention in the schedule that the provisions of hindu succession act or any other personal law is applicable, the same would be then applicable in the erstwhile french settlements including pondicherry (puducherry). .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(4)KarLJ572
..... against that, a letters patent appeal was filed and while it was pending, the parliament passed the life insurance corporation (modification of settlement) act, 1976, the effect of which was to deprive the employees of bonus payable to them in accordance with the terms of the settlement and the decision of the single judge of the high court. ..... further, admittedly, the effect of the ordinance is to affect the flow of the waters of the river cauvery into the territory of tamil nadu and pondicherry which are the lower riparian states. ..... 2598, 3302 to 3304 and 4586 of 1970 and shall make available all consequential financial benefits to the concerned petitioners as directed by the high court within a period of eight weeks from the receipt of the orders of this court at its end. ..... in 1970 tamil nadu invoked the provisions of section 3 of the inter-state water disputes act and requested the central government for reference of the disputes between the states of tamil nadu and karnataka to a tribunal under the act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR1617
..... every such applicant is entitled to take advantage of the provisions contained in subsection (5) of section 95 of the act if the decision of the deputy commissioner is not communicated to him within period of 4 months from the date of receipt of the application in such an event, the applicant is entitled to take advantage of the provisions contained in sub-section (5) of section 93 of the act and proceed on the basis that the permission applied for shall be deemed to have been granted. ..... , in land revenue regulation act, 1890 and the taxes management act, 1970, it was held that the federation could not be considered to have sufficient interest so as to seek a direction to the revenue commissioner to assess and collect arrears of income tax from fleet street casuals.17.8. ..... after the publication of the outline development plan, a comprehensive development plan is required to be prepared as per chapter iv of the planning act, which cover establishment of a new township.26 4 chapter xiii of karnataka land revenue act, 1964 provides for survey and settlement of lands and of boundary disputes within the sites of villages and the limits of towns and cities. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1989Kant1
..... , inland revenue regulation act, 1890 and the taxes management act, 1970, it was held that the federation could not be considered to have sufficient interest so as to seek a direction to the revenue commissioner to assess and collect arrears of income tax from fleet street casuals.17.8. ..... after the publication of the outline development plan, a comprehensive development plan is required to be prepared as per chapter iv of the planning act, which covers establishment of a new township.26.3-4 chapter xiii of karnataka land revenue act, 1964 provides for survey and settlement of lands and of boundary disputes within the sites of villages and the limits of towns and cities. ..... even though the tribunal has not decided the appeals on merits as it has dismissed the appeals on the grounds that no appeal lies and the board is not entitled to maintain the appeals, nevertheless it is not necessary to remit the appeals for decision to the tribunal in view of the conclusion reached by me that for raising a new township, the state government has to first take a decision as to where a new township has to be raised and issue notifications as per the provisions of the planning act and section 148 of the karnataka land revenue act, 1964 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR3052; 2005(5)KarLJ414; (2006)ILLJ344Kant
..... the contract labour (regulation and abolition) act 1970 for short the act is a central act and it received the accent of the president on 5-9-1990. ..... factual dispute other than regularisation in respect of statutory canteen employees then parties are to approach an industrial adjudicator through conciliation in accordance with law.52.3 in the event of an establishment maintaining non statutory canteen then in such cases, the canteen contract labour are to approach the industrial adjudicator by way of conciliation in terms of the id act both for regularisation and for other benefits.52.4 it is further ordered and directed that any direction issued by any industrial adjudicator or any court for ..... in fact in these cases itself the government noticed the object of the act in terms of the judgment reported in : (1974)illj489sc and ruled that the underlying policy of the act is to abolish contract labour, wherever possible and practicable, and where it cannot be abolished altogether, the policy of the act is that the working conditions of the contract labour should be so regulated as to ensure payment of wages and provision of essential amenities. ..... however it is further stated that engineering general workers union has entered into settlement with the contractor regarding wages etc and the settlement is valid till 30-6-2000. .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(1)SLJ352(NULL)
..... by way of reply, the counsel for the petitioner would contend, that all the cases cited by the petitioner are cases arising under the contract labour (regulation and abolition) act, 1970, and that the question involved was whether the contract labourers would become employees of the principal employer. ..... : (1992)illj289sc : wherein, the supreme court has held that labourers employed by a principal employer through a contractor, cannot be deemed to be direct employees of principal employer, in the absence of any notification under section 10 of the contract labour (regulation and abolition) act, 1970, prohibiting the employment of contract labourers in the establishment concerned.he also places reliance on surendranagar district panchayat and anr. v. ..... it was found as a fact in that case that the management was not reimbursing to the contractor, the wages of a workman and secondly that settlement had been arrived at between the contractor and the canteen workmen where the respondent was not a party to either of these transactions.workmen of the canteen of coates of india ltd. v. .....
Tag this Judgment!Court : Karnataka
Reported in : [2007(114)FLR700]; 2007(3)KarLJ225; (2007)IIILLJ112Kant; ILR2007(2)Kar1786; 2007(3)KCCR1559; 2007(3)AIRKarR217
..... , in terms of the contract, the principal employer is liable to pay said amount and in this regard, he referred to section 21 of the contract labour (regulation and abolition) act, 1970 (hereinafter referred to as 'clra act') and pointed out, that under section 21, primarily the contractor is responsible for payment of wages to each of the worker employed by him, and the principal employer is required to engage his representative in terms of section 21 (2) of clra act to be present at the time of disbursement of wages by the contractor and it is the duty of the representative to certify the amount paid as wages in the manner ..... the rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed for the schedule of employment under the minimum wages act, 1948, where applicable and where the rates have been fixed by agreement, settlement or award, not less than the rates fixed.12. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR1897; 1998(4)KarLJ323; (1999)IILLJ532Kant
..... this case is concerned with the vires of the notification ka-e-c-lwa 97, dated 11th april, 1997 annexure-a prohibiting the employment of contract labour in the canteen (industrial canteens) in factories employing 250 workers and above in the state of karnataka under section 10 of the contract labour (regulation and abolition) act, 1970 (act 37 of 1970) (hereinafter referred to as 'the act').3. ..... by referring to the statement of objections and reasons that accompanied the bill for abolition of contract labour (regulation and abolition) act, 1970 it was stated that the act was made keeping in view two objectives namely, abolition of contract labour, where it is possible and regulation of contract labour where such abolition is not possible in view of the fact that certain works by their very nature required to be executed through ..... suffice it to say that the contract labour (regulation and abolition) act, 1970 was enacted keeping in view the fact that the system of employment of contract labour lends itself to various ..... agreeing with the state advisory board formed the opinion that employment of contract labour in these process/operation would be against the principles of contract labour (regulation and abolition) act, 1970. ..... the contract labour (regulation and abolition) act, 1970 at its preamble states it is brought into force to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR2579
..... and terms and conditions of license-- (i) every licence granted under chapter iv shall be in form vi :(2) every licence granted under sub-rule (i) or renewed under rule 29 shall be subjected to the following conditions, namely-(i) to (iii) xx xx(iv) the rates of wages payable to the workmen by the contractor shall not be less than the rates prescribed under the minimum wages act 1948 (11 of 1948) for such employment where applicable, and where the rates have been fixed by any agreement, settlement or award, not less than ..... the corporation is admittedly an establishment within the meaning of section 2(e)(ii) of the contract labour (regulation and abolition) act, 1970 (in short the act) and is also an authority under article 12 of the constitution. ..... that action was brought before the supreme court under article 42 of the constitution on the ground that the central government and the state government had not done anything to redress their grievances for either departmentalising them or in the alternative extending to them the benefit of contract labour (regulation and abolition) act, 1970. .....
Tag this Judgment!