Court : Supreme Court of India
Reported in : AIR1976SC66; (1976)ILLJ81SC; (1975)2SCC835; 1975(7)LC879(SC)
..... to note that more than hundred years back we had the apprentices act, 1850 and its preamble says 'for better enabling children, and especially orphans and poor children brought up by public charity, to learn trades, crafts and employments, by which, when they came to full age, they may gain a livelihood....learning of craft or trade was the essence of the said legislation. this ..... material, section 2(9) reads as follows: employee means any person employed for wages in or in connection with the work of a factory or establishment to which this act applies and- (i) who is directly employed by the principal employer on any work of, or incidental, or preliminary to or connected with work of the factory or establishment, whether such word ..... and apprentice is not in the regular employment of the company. 4. it is, however, submitted on behalf of the appellant that the works 'serve the company' in clause 12(i), which are repeated in clause (v), introduce a relationship of master and servant thus constituting apprentice an employee as ordinarily understood. we attach no special significance to the use of ..... the apprentice the aforesaid daily allowance or stipend, the apprentice and the surety as the father or guardian of the apprentice jointly and severally covenant with the company as follows : (1) that the apprentice will during the whole of the said term of three years of training diligently and faithfully serve the company and to the utmost power and skill attend .....Tag this Judgment!
Court : Supreme Court of India
..... appreciate the submissions of the respective counsel, it will be worthwhile to note the un-amended section 4(1), the amended section 4(1), as well as the preamble to the act which are as under: ".4 (i) to provide for instruction in all branches of vedic learning and practices including darshan, agam tantra, itihas, puranas, upvedas and gyan-vigyan and the promotion and development of ..... earlier part of our judgment, we are of the considered view that education is the base for every other subject to be taught in the process of learning. therefore, establishment of the university as the preamble goes to state was to provide for education in the forefront. it will be appropriate to hold that such a provision for education in so far ..... provision has been couched, it will have to be read conjunctively and not disjunctively.73. both the learned counsel referred to the preamble in support of their submissions. when we refer to the preamble of the 1995 act, we find that it has been stated that an act to establish and incorporate a university in the state of madhya pradcsh and to provide for education ..... for the nation s progress and prosperity.42. the following quote of the hon'ble supreme court in unni krishnan s case sums up the importance of education; victories are gained, peace is preserved, progress is achieved, civilisation is built up and history is made not on the battlefields where ghastly murders are committed in the name of patriotism, not in .....Tag this Judgment!
Court : Chennai
Reported in : 142ITR718(Mad)
..... , madras, for the benefit of the public, to be used by them for religious, charitable, and or cultural and social purposes. the preamble also shows that the old lady intended thereby to secure a religious benefit for herself as well as to satisfy a long felt need of ..... document or memorandum with reasonable certainty, with reference to the particular purposes in view. learned counsel referred, especially to the particular purposes in view. learned counsel referred especially to the language of s. 11 of the act, and submitted that the scheme of exemption under that provision is not to exempt ..... sense in which the taxation law understood that expression. we have already referred to the definition of the expression 'charitable purpose' in the indian i.t. act, 1922, in which charitable purpose was defined to include 'any other object of general public utility', and it was not concerned whether the ..... general public utility not involving the carrying of any activity for profit. the same expression was defined by s. 4(3) of the indian i.t. act. 1922. in that definition the rider expressed by the phrase 'not involving the carrying on of any activity for profit', was not present ..... the trustees of ganga bai charities, however, contended that the income would stand excluded from the purview of taxation under s. 11 of the i.t. act, 1961, as income derived from the property held wholly for public, religious and charitable purposes. the ito rejected this contention and proceeded with the .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1961Cal75,65CWN420
..... dispossession by him and it may well be either by himself or through his authorised agent or instrumentality, express or implied. i do not think, however, that, having regard to the preamble of the act which broadly defines its scope, purpose and object, the term should be further extended,19. the point, then, is whether ..... stranger auction purchaser at a sale held in execution of a rent decree. in durgapada's case, 21 cal wn 373: (air 1917 cal 791) the learned judges noticed the conflict between the decision in aminuddin's case, 13 cal wn 108 and kamaldhari's case, 17 cal wn 817, but without making ..... dispute and further that the contesting defendant was in possession ever since the date of his auction purchase on 22-6-1937. upon these findings the learned munsif dismissed the plaintiffs' suit on the ground that it was barred by the special law of limitation of two years. on appeal by the plaintiffs ..... auction sale is not the landlord, but a stranger. in aminuddin's case, 13 cal wn 108 also the purchaser was a stranger. i fail to see how the learned judges who decided pitambar's case, 24 ind gas 880: (air 1914 cat 654) could apply the principle of aminuddin's case 13 cal ..... in these circumstances we think that the landlord and the contesting defendant must be held to be acting in collusion in the act of dispossessing the plaintiff'.with great respect to the learned judges, who decided that case, i am unable to accept their decision as correct. the reasons given by them are open to two .....Tag this Judgment!
Court : Supreme Court of India
..... of divorce, but seeks to justify it on the ground that though bad in theology, it is good in law. in india talaq-e-biddat , according to learned counsel, gained validity based on the acceptance of the same by the british courts, prior to independence. it was submitted, that the judgments rendered by the british courts were finally ..... rather preserve it. relevant extracts of the aforesaid judgment relied upon during the course of hearing, are reproduced herein below:113. /p> 21. the constitution through its preamble, fundamental rights and directive principles created secular state based on the principle of equality and non-discrimination striking a balance between the rights of the individuals and the duty and ..... we would therefore implore the legislature, to bestow its thoughtful consideration, to this issue of paramount importance. we would also beseech different political parties to keep their individual political gains apart, while considering the necessary measures requiring legislation.200. till such time as legislation in the matter is considered, we are satisfied in injuncting muslim husbands, from pronouncing ..... hindu marriage act, 1955. the 1937 act simply makes shariat applicable as the rule of decision in the matters enumerated in section 2. therefore, while talaq is governed by shariat, the specific 285 grounds and procedure for talaq have not been codified in the 1937 act.5. in that view of the matter, i wholly agree with the learned chief justice that the 1937 act .....Tag this Judgment!
Court : Mumbai
Reported in : (1911)13BOMLR1130; 12Ind.Cas.906
..... truth of the criticism of lord cairns 'that the headings of these clauses are not to be relied upon, showing, just in the same way that an act of parliament often goes beyond the preamble, that provisions have been introduced in the progress of the clauses going somewhat beyond the short and summary definition in the heading of the clauses'. see hammersmith ..... the earlier line, and a result so directly flowing from the amended section may be safely taken to have been contemplated and approved by the legislature.14. for these reasons i think that the decision in essa jacob's case cannot, since the amendment of section 297, be regarded as authoritative, and that the municipal commissioner was empowered by the amended ..... question in this court is whether, under the amended section 297 of the act, the commissioner has power to prescribe what is called in the act 'the regular line of the street' when he affects to prescribe such a line for the purpose of merely widening an existing street. the learned trial judge has answered this question in the negative, being of opinion ..... the amendment of section 297 was made by an act of 1905, but mr. justice robertson came to the conclusion that, so far as the present question is concerned, the amendment of the section leaves the appellate court's decision unaffected. the real question in this appeal is whether this conclusion of the learned judge's is the right conclusion, and, to .....Tag this Judgment!
Court : Chennai
Reported in : 58ITR312(Mad)
..... vigour to the instant case. the following observations of the patna high court in commissioner of income-tax v. jainarain jagannath, referred to by the learned chief justice in goodsir and co. v. commissioner of excess profits tax are in consonance with this decisio :'these decisions, in my opinion, lay ..... by name kathiresa nadar. this deduction was sought to be sustained on the terms of an agreement that was entered into between the partners, the preamble to which ran as follow :'whereas in view of the growing age of the senior partner and the inability of the other partner, raja sankaralingam, ..... person for performance of some services and not gratis. a partner is in the same position in this behalf. notwithstanding this, the act disallows the deduction from the gains and profits of the partnership. therefore, the fact that a partner is remunerated for the services rendered by him would not take it ..... 4)(b) and the income-tax officer was right in adding this sum of rs. 6,000 paid to kathiresa nadar as salary to the gains and profits of the partnership. the first question is accordingly answered in favour of the department and against the assessee.as regards the second question ..... to any partner of the firm.... no distinct provision has yet been made about hindu joint family trading firms to which the partnership act does not apply and in my judgment, the principles underlying the decisions to which i have referred are still applicable to them.'in support of his contention that salary .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1993AP229; 1993(1)ALT458
..... of the constitutional provision, inasmuch as that is the function of the parliament and not that of judiciary. the learned counsel (amicus curiae) sought to caution that the ingenious attempt to gain entry into the presidential order by backdoor, needs to be condemned lest it may amount to permitting fraud on ..... classes of citizens or for the scheduled castes and the scheduled tribes.'this article 15(4) is in consonance with the object envisaged by the preamble, viz., securing to all the citizens equality of status and of opportunity, in providing reservations for the advancement of backward classes of citizens, for ..... at the outset, it is necessary to have a view of the relevant provisions in the constitution having a bearing on the present question. the preamble to the constitution envisages securing to all the citizens 'equality of status and of opportunity'. article 14, dealing with right to equality, postulates that ..... even if divorced, would be entitled to the maintenance as long as she does not remarry. further, under the hindu succession act, wife is one of the successors as a class-1 heir to the property of her husband. these are all the instances that go to show that a girl as ..... and that the circulars, etc., are intended to promote inter-caste marriages in order to establish equality of a status -and opportunity comprehended by the preamble to our constitution.14. sri j. v. suryanarayana rao, amicus curiae, prefaced his submissions by saying that in india there are only castes .....Tag this Judgment!
Court : US Supreme Court
..... add qualifications. that this is so is demonstrated by the unanimity among the courts and learned commentators who have considered the issue; by the constitution's structure and the text of pertinent constitutional provisions, including art. i, 2, cl. 1, art. i, 4, cl. 1, art. i, 6, and art. i, 5, cl. 1; by the relevant historical materials, including the records of the constitutional convention and the ..... or "rotation," was a major source of controversy. the draft of the constitution that was submitted for ratification contained no provision for rotation.22 in arguments that echo in the preamble to arkansas' amendment 73, opponents of ratification condemned the absence of a rotation requirement, noting that "there is no doubt that senators will hold their office perpetually; and in this ..... was ever wild enough to think of breaking down the lines which separate the states, and of compounding the american people into one common mass. of consequence, when they act, they act in their states. but 841 the measures they adopt do not, on that account, cease to be the measures of the people themselves, or become the measures of the ..... , the founding generation thought it important to implement immediately the constitutional grant of diversity jurisdiction, in which the rules of decision generally come entirely from state law. see judiciary act of 1789, 1 stat. 73, 78, 92; erie r. co. v. tompkins, 304 u. s. 64 , 77-80 (1938). the fourth and final provision relied upon by the majority is the .....Tag this Judgment!
Court : Kolkata
Reported in : (1893)ILR20Cal906
..... , great-grandson, and so on, the estate should go to the eldest surviving nephew.43. it was contended before us, in the first place, by the learned counsel for lolit mohan, that the death of lolit mohan, herein contemplated, refers to that event happening during the lifetime of the testator, and that, therefore, ..... with the directions of his will, and 'that no one shall at any time be competent to act contrary thereto; whatever act (any one) does in contravention shall be wholly inadmissible. '18. having made these declarations in the preamble, he provides, in the first paragraph of the will, for the sheba of the two thakurs, ..... though, no doubt, in arriving at that conclusion they were led by the consideration of the ordinary notions of a hindu with regard to the devolution of property to women. the word malik, i may observe, is consistent with a life-estate, and may well be applied to a person who owns an estate for ..... srimati khiroda, my nephew sriman lolit mohan roy babaji, whom, since his birth, i have continued to love as a son, and who, remaining near me, is pleasing me by good conduct and the learning of good principles, whom i have been going on supporting--this nephew sriman lolit mohan roy babaji, becoming on my ..... so. as bearing upon the question of intention, and upon the question whether an absolute estate was conferred upon lolit mohan, the learned counsel for the defendants relied strongly upon, among others, the case of bissonauth chunder v. bamasoondry dossee 12 moo .....Tag this Judgment!