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Union of India (Uoi) Vs. Nilkanth Tulsidas Bhatia and 7 ors.

Court : Gujarat

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 113, 114, 115, 119, 122, 141, 150 and 153; Indian Penal Code (IPC) - Sections 120B, 147, 148, 149, 153A, 164, 302, 307 and 436; Prevention of Terrorists Act, 2002 - Sections 32; Commissions of Inquiry Act, 1952 - Sections 2, 3, 3(1), 3(4), 5(2), 5(5) and 11; Government of India Act, 1935 - Sections 100; The Madras Agriculturists Relief Act, 1938; Negotiable Instruments Act, 1881; Parent Act - Sections 119; Criminal Law; Constitution of India - Articles 73 and 226; Statutory Investigation into Railway Accidents Rules, 1998 - Rules 2(6) and 4

Reported in : (2006)2GLR952

read with Section 120B of the Indian Penal Code and Sections 141, 150 and 153 of the Indian Railways Act, 1989. Later on, the provisions of the Prevention of Terrorists Act, 2002 were also invoked and after filing … dated 17.1.2005 was given wide publicity, Special Civil Application No. 1103 of 2005 came to be filed in January 2005 for challenging the constitution of … the inquiry may be made by different authorities for different purposes and from different angles and perspectives.8.3 Under Section 2 of the CoI Act only the Central Government has the power to appoint a Commission in relation to … on the stay application :-. for the time being it will be appropriate to pass an order that if a proper application is made before

Uttaranchal Forest Development Corpn. and anr. Vs. Jabar Singh and ors ...

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Uttar Pradesh Industrial Disputes Act, 1947 - Sections 6N; Industrial Disputes Act, 1947 - Sections 6N, 10, 25F, 25K, 25L, 25N, 25N(1), 25N(7), 38, 74 and 75; Uttar Pradesh Industrial Disputes Rules, 1976; Factories Act, 1948 - Sections 2 and 2(1); Employees State Insurance Act, 1948 - Sections 2 and 2(12); Central Excises Act, 1944; Industrial Disputes Act, 1976; Uttar Pradesh Forest Corporation Act, 1974 - Sections 14, 14(1), 15 and 15(2); General Clauses Act; Constitution of India - Articles 32, 136 and 226

Reported in : [2007(113)FLR1]; (2007)IILLJ95SC; 2007(3)MhLj354; 2006(13)SCALE558; (2007)2SCC112; [2007]2SCL423(SC); 2007(2)SLJ423(SC);

in the year 1995. The writ petitions were filed in the year 2005 and the High Court mechanically decided all these cases in the light … 25N, retrenchment order as well as award are illegal and non est.9. The High Court observed that the appropriate Government by framing the Rules known as the Industrial Disputes (Uttar Pradesh) Rules, 1976 have made Section 25N … trees by axe and shaping the cut trees into logs is a manufacturing process under the definition of Section 2(k) of the Factories Act and therefore it is an industrial establishment within the meaning of Section 25L of

Union of India (Uoi) Vs. State of Assam and ors.

Court : Guwahati

Subject : Property

State Government to exercise its power under the Assam Act, he urged. Referring to Section 13 of the Railways Act 1989, Mr. Choudhury, argued that the land being vested in the State Government, as is evidenced by the … Admittedly, an appeal under Section 3(3) of the Assam Act, had been preferred by the petitioner before the appropriate authority of the Government of Assam on 29.12.2006, challenging the very same notifications. Stricto sensu, in view of … Bishna Ram and Anr. v. State of Punjab and Ors.) and 1986DLT 246 (Nanak Chand Sharma v. Union of India and Ors.)5. Mr. Choudhury, as

M. Gopalakrishna Vs. Divisional Security Commissioner, Railway Protect ...

Court : Andhra Pradesh

Subject : Service

Acts : Railway Protection Force Act, 1957 - Sections 9, 10, 17 and 21; Indian Penal Code (IPC) - Sections 302, 304, 304A and 498A; Railway Protection Force Rules, 1987 - Rules 104.3, 146, 146(4), 146.2, 146.3, 146.4, 147, 148, 149, 153, 153.5, 155 and 156; Code of Criminal Procedure (CrPC) , 1973 - Sections 232; Railway Protection Force Rules, 1957 - Rule 143; Rajasthan Service Rules - Rules 30A and 86(3); Constitution of India - Articles 14, 136, 226 and 311

Reported in : 2006(5)ALD704; 2006(5)ALT408

W.A. No. 1659 of 2000 dated 13.11.2002, in this regard.6. Sri G.S. Sanghi, learned Standing Counsel for the railways, on the other hand, would submit that failure to pay subsistence allowance was of no consequence, since it … us that the first charge levelled against the respondent is a serious charge and it would have been appropriate for the General Manager to remove the respondent from service on the basis of his finding on that … and that petitioner's acquittal in the criminal case would not preclude disciplinary action being taken against him. Respondents would deny the contention that the punishment … would place reliance on U.P. State Textile Corporation Ltd v. P.C. Chaturvedi 2005(6) Supreme 612 in this regard. Learned Standing Counsel would submit that the … Railway Protection Force (Amendment) Ac! (60 of 1985), Section 10, (20-9- 85). [enrolled member] of the Force … Questioning the proceedings of the 1st respondent dated 20.01.1995, imposing on the petitioner the punishment of removal

Johny J. Vilangadan Vs. General Manager, Southern Railway and Another

Court : Kerala

Subject : Arbitration

Department shall be considered of equal status to the officers in SA grade of other departments of the Railways for the purpose of appointment of arbitrators." 2. The arbitration clauses in the model agreement were modified and … applicant. 4. Thereafter, the applicant filed Arbitration Request Nos.4 to 10 of 2005 under Section 11(6) of the Arbitration and Conciliation Act, which were disposed … no dispute. Once, the respondents have lost right to make appointment of Arbitrator, this Court would consider it appropriate to make appointment of a former Judge of this Court as Arbitrator. It is urged by the learned … to 47 of 2004 under Section 11(6) of the Arbitration and Conciliation Act. The respondents raised a contention that the said Arbitration Requests were premature.

Chandrabhan Sudam Sanap versus the State of Maharashtra

Court : Supreme Court of India

Subject : Land Acquisition

Reported in : [2025]1S.C.R.1041

[State (NCT of Delhi) v. Navjot Sandhu, (2005) 11 SCC 600 : 2005 SCC (Cri) 1715] , does not lay down the correct legal position. … (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer; (c) dealing with any … the appellant - Impugned judgment set aside and the appellant is acquitted - Penal Code, 1860 - Evidence Act, 1872. [Paras 49, 51, 70, 72, 75, 77, 81, 90, 104, 120, 121, 123, 124] Case Law Cited … appellant. The Trial Court convicted the appellant for the offences punishable under Sections 302, 364, 366, 376(2)(m), 376A, 392 read with Section 397 and 201

Sr. Divisional Commercial Manager Vs. Intelligence Officer

Court : Kerala

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 3, 3(1), 3(1A), 5, 27, 28, 29, 29(2), 29A, 29A(4), 30, 30(1), 30A, 30B, 30C, 30E, 31, 31A(2), 32, 45A, 45A(1) and 46; Railways Act, 1989 - Sections 61, 62, 64, 65, 66, 67, 74, 75, 80, 93 and 97; Kerala General Sales Tax Rules, 1963 - Rules 37 and 58; Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC) - Order 5, Rule 27; Railways Rules

Reported in : 2006(1)KLT834; (2007)8VST434(Ker)

In the reply affidavit filed by the Railways in W.A.No 1715 of 2005 it is stated as follows:Thus the Railway officials concerned have been permitting … in discharge of their duties of booking goods and dealing with booked consignments under the provisions of the Railways Act.2. Third petitioner in the Writ Petition was served with a notice dated 5.11.1998 under Section 46/45A of the … to detention, seizure and confiscation of goods and for violations, the Sales Tax authorities are free to take appropriate action including penalty under Section 45A(1)(g) and (h) of the Act. Penalty for violations as far as possible

Bakshi Steels Ltd. a Registered Company Under the Companies Act Throug ...

Court : Mumbai

Subject : CommercialContract

Acts : Sale of Goods Act - Sections 19, 20, 22, 23(1), 23(2) and 39(1); Indian Railways Act - Sections 148, 184 and 187; Constitution of India - Articles 14, 19G, 21, 265 and 285

Reported in : 2010(1)MhLj55

at bar.2. Petitioner herein is a manufacturer of metallic castings, which are, inter alia, used as inputs by Railways in the manufacturing of cement concrete railway sleepers.3. Respondent Nos. 2 and 3 have placed with petitioner an … Maharashtra Distilleries Ltd. v. Municipal Corporation of Aurangabad and Anr. : AIR 2005 SC 760.By Respondent No. 1 :Municipal Commissioner of Dum Dum Municipality and … goods. [Section 22].[2] The goods were inspected before delivery to the transporter. [Section 20].[3] Goods have been unconditionally appropriated to the contract by the seller with the assent of the buyer. [Section 23(1)].[4] Goods are delivered by … facts as pleaded and the effect of provisions of Sale of Goods Act, petitioner has urged that Railway is the owner of 'MIC inserts' ,

United India Insurance Company Ltd. and Another Vs. Sobha Amarsingh Ra ...

Court : Mumbai

Subject : Land Acquisition

the pertinent questions, that are raised for consideration, in these three appeals. 2. In view of some of the conflicting decisions of this Court and … challenged the Awards only on two counts. In the first place, it is submitted that, while deciding the appropriate multiplier, the Tribunal has considered age of the deceased and not the age of the claimants, which was … just and reasonable amount of compensation which the Claims Tribunal constituted under Section 165 of the Motor Vehicles Act, 1988 (for short called as, M.V. Act ) can award? ii. Which are the relevant parameters to be

Garden Reach Shipbuilders and Engineers Ltd. Vs. Second Industrial Tri ...

Court : Kolkata

Subject : Land Acquisition

Reported in : 2012(3)LLN199(DB)

or by anyone of its departments like Post and Telegraph or the Railways. Therefore, the conferment of authority on the appellant company has to be … this Court by filing the writ petition being No. 6225 (W) of 2005. The said writ petition was finally disposed of by a learned Judge … Union Water Front Workers and Ors., reported in AIR 2001 SC 3527. 9. Upon considering the provisions of Section 2 (a) of the Industrial Disputes Act, Constitution Bench of the Hon’ble Supreme Court held :- “23. An analysis … was filed on behalf of the Company raising the objection that in respect of the said dispute the appropriate Government would be the Central Government and not the State Government and consequently, the reference was wholly without