Industrial Disputes Act, 1947, Section 2(oo),(bb) -- Termination - Seasonal worker - Seasonal factory which commenced its trial season - High Court noted that the workmen were not permanent employees and they failed to establish the nature of their appointment - No appointment order filed - It came to abrupt conclusion that the burden of proof lay on the employer to..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Self employed - Commercial purpose - Electricity bill - Dispute as to - The complainant is to run the factory for producing/manufacturing steel ingots which are manufactured by running induction furnace - The services availed by the complainant from OP are for commercial purpose - The complainant cannot be said..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Writ petition challenging acquisition of land - Prayer for release of land from acquisition on the ground that the petitioners have constructed factory on the land under acquisition by taking permission from the Govt. Held - Having allowed the petitioners, by giving specific and explicit permission to change..........
Land Acquisition Act, 1894, Section 4, 6, Evidence Act, 1872, Section 115 -- Estoppel - Factory setup in 1981 after taking proper permission - Notification to acquire said land - Objections filed - Land released from acquisition - There after petitioners invested in the development of area and their business progressed considerably, paying taxes to the tune of Rs. 11.60..........
Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 2(14) , 2(47) -- Insurance claim - Tractor trolley - Held that the tractor with trailer attached can clearly be stated to be a vehicle adapted for the carriage of goods - The tractor with trailer was transporting sugarcane to sugar factory - Neither of the drivers had a valid licence for..........
Punjab Khadi Village Board Act, 1955, Section 32A -- Misutilisation of loan amount by debtor - Charge of penal interest - Loan advanced for setting up factory - Factory installed but business failed - Against loan amount of Rs. 38, 500/-, amount of Rs. 1, 20, 000/- claimed - Penal interest charged on loan amount - It can be imposed only in case of misutilisation of loan..........
Indian Penal Code, 1860, Section 304A -- Electrocution and death of a factory worker during his course of employment - Complaint filed under Factories Act for violation of rules relating to safety measures - Criminal proceedings also initiated u/s 304-A IPC for same offence - Petition to quash proceedings - Specific allegation against petitioner that in spite of bringing..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Telephone system - For business purpose - Installed in the premises of the factory belonging to the complainant - The complainant held not a consumer as defined under the Act - He cannot maintain complaint under the Act...........
Workmen's Compensation Act, 1923, Section 3 -- Expression 'arising out of in the course of employment' - Dead body of Workman was found floating in the well which was in the premises in the factory - He went to answer the call of nature - When he was trying to draw the water from the well he slipped and fell in the well and died - Accident will be considered `Arising out..........
Indian Penal Code, 1860, Section 304A, 36 -- Workman - Death in factory due to fall from height - Act or omission, to amount to criminal negligence, must be direct or proximate cause of death, and must imply indifference to obvious consequences - When such negligence cannot be attributed to accused, proceedings instituted against him are liable to be quashed - Omission to..........
