Court : US Supreme Court
Decided on : Apr-28-1958
..... in proportion to their holdings. the respondent owns one-half of the stock and designates one-half of the directors. the belt railway receives some income from non-stockholding carriers, but the carrier stockholders otherwise share the net expenses of its operations according to an agreed formula. the belt railway employs ..... , 355 u. s. 451 -452. the only such qualifications which congress has yet seen fit to enact are those effected by 3 and 4 of the act, modifying or abolishing the common law defenses of contributory negligence and assumption of risk. 35 stat. 66, 45 u.s.c. 53; 35 stat. 66, ..... 355 u. s. 426 , 355 u. s. 431 , 355 u. s. 438 . the senate committee page 356 u. s. 330 which reported the act stated that it was designed to achieve the broad purpose of promoting "the welfare of both employer and employee, by adjusting the losses and injuries inseparable from industry and ..... another railroad car in the station, and the petitioner was injured. he recovered a judgment against the respondent in an action brought under the federal employers' liability act, 35 stat. 65, as amended, 45 u.s.c. 51-60, in the district court of harris county, texas. page 356 u. s. 327 ..... others performing, under contract, operational activities of his employer, such others are "agents" of the employer within the meaning of 1 of the federal employer' liability act. pp. 326-332. 295 s.w.2d 508 reversed, and cause remanded. mr. justice brennan delivered the opinion of the court. the petitioner was employed .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-17-1958
Reported in : AIR1959Cal368
..... in the hands of the karta, but the family is the party to the suit.' * * * * * * 'the karta has neither any share in the income nor in the property. it is the family, the corporate body, winch is the owner of the property and if one member dies, it is still the family that ..... case of nalinakhya bysack v. shyam sunder haldar. : 4scr533 when dealing with the marginal note of section 18 of the west bengal premises rent control act, the indication of the marginal note must yield to the clear words in the section itself. in the present case, rule 10 of order xxii is, ..... that no application having been made within sixty days to set aside the abatement, the whole application was barred by articles 176 and 171 of the limitation act. the court rejected this contention. after referring to and commenting upon rules 1 to 10 of order xxii of the code of civil procedure, the court ..... j., held that on the death of the plaintiff his interest passed to the other members by survivorship and not by succession and accordingly a certificate under act vii of 1889 was not necessary in order to enable the applicants to proceed with the suit. with reference to the form of the application he also ..... of the code of civil procedure. he then observed that the only question before him was whether the application was hit by article 181 of the limitation act. he thereupon dismissed the application. although, he docs not say so clearly, it appears that he must have dismissed the application on the ground that the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-24-1958
..... vi, both with respect to multifamily units and individual units. while home ownership is to be encouraged, a large percentage of veterans do not yet possess the certainty of income or of location, or the financial means, to purchase homes at this time. the bill as approved by the house of representatives included this attention to rental housing. " ..... accommodations. . . ." [ footnote 4 ] the same tone is exhibited in the committee reports on the various amendments to 608. for instance, in reporting the veterans' emergency housing act of 1946 the senate committee on banking and currency stated: "since a main purpose of these provisions [authorizations of additional insurance] is to reduce the risks assumed by builders in ..... a relatively permanent nature and that transient occupancy is contrary to policy. no approval will be granted with respect to a proposal anticipating transient occupancy." that interpretation of the act is clear and unambiguous, and, taken with the regulations, indicates that the authority charged with administration of the statute construed it to bar rental to transients. moreover, as ..... in 1949 to obtain fha mortgage insurance for an apartment house to be constructed in charleston. the insurance issued and the apartment was completed. the regulations, promulgated under the act (24 cfr 280 et seq. ), provide that the mortgaged property shall be "designed principally for residential use, conforming to standards satisfactory to the commissioner, and consisting of .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-30-1958
Reported in : (1958)IILLJ522Bom
order1. this is an appeal against the order of sri m. n. nagrashna, judge, second labour court, ahmedabad, declaring that the change made by the appellants in the practice of paying kharchi to its workers for two days in a month was an illegal change. it appears that this concern was started sometimes in november 1953. kharchi was paid twice a month during all the months from december 1953 till it was stopped in july 1957. it was paid more or less round about 13, 14 or 15 and again round about 23, 24 or 25. it was paid once only in november 1953, february 1954, december 1954 and february 1956. thus out of a total of 42 months during which the concern was in existence, the payment was made twice a month on 38 occasions and once a month on 4 occasions. the limited question for consideration before me is whether the payment of kharchi in the manner in which it was done amounted to a customary usage or privilege and the withdrawal thereof amounted to a withdrawal of a privilege or a change in usage. there is no doubt that in order to acquire a right to such payment or in other words in order that it can be claimed that it had become usage, the practice must be existing for a long time. there does appear to me to be a fairly wide practice of paying kharchi twice a month existing in surat though it is not clear whether such a practice prevails in the majority of concerns or not. the same practice of paying kharchi twice a month appears to have been adopted by this concern almost .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-30-1958
Reported in : (1958)60BOMLR624; (1958)IILLJ692Bom
dixit, j.1. the petitioner in this case was in service of the education department of the government of bombay on or about 6 december 1948. according to the petitioner he was made permanent on the expiry of the probationary period. in about 1950 the petitioner was transferred as a clerk in the office of the educational inspector, ahmednagar, where he served for about a year. the petitioner was then retransferred to sangamner and at the latter place he worked in the office of the principal, training college for men, for about three years. the petitioner was again transferred to the office of the educational inspector, ahmednagar, and the petitioner's next assignment was that of a clerk in the government girls school, ahmednagar, where the petitioner worked for about seven or eight months. in april 1956 the petitioner was again posted as a clerk in the office of the principal, training college for men, at sangamner. 2. it appears that while the petitioner was working at that place, the petitioner was alleged to have committed an offence of forgery. it would appear that the explanation of the petitioner was then taken and the petitioner admitted his guilt. but the petitioner now disputes that he ever admitted having committed the offence of forgery. on 27 may 1957, a notice of discharge was given to the petitioner and it is in the following terms : 'as per d. e. poona's instructions conveyed in his no. s. 26(d) -b of 3-5-1957 you are hereby given one month's notice of discharge .....Tag this Judgment!