Court : Supreme Court of India
..... the facts of the lead case herein are that the respondent-iocl had sent a legal notice dated 07.11.2005 under section 106 of the railway act, 1989 to the appellant-union for refund of excess freight charges with respect to a consignment dated 25.08.2022, due to change in methodology, having been applied prospectively from 01.01.2005 which resulted in variation in fares and freights when compared with the then existing fares and freight. ..... it would, therefore, not be appropriate for this court, in exercise of its writ jurisdiction, to give relief, which authority, in law, has been vested in the claims tribunal under section 13 of the railway claims tribunal act, 1987. ..... there will be an over charge if railway applies higher rate than appropriate and there can also be an civil appeal no(s). ..... admittedly, upon realizing that the said distance was wrongly calculated, the appropriate authority of the petitioner 'critically reviewed' the old distance tables and thereafter notified the corrected distance/ rate between bad to hsr as 333.18 km on 05.07.2005 (i.e. ..... we, therefore, find no merit in this writ petition, and the same is accordingly dismissed, and rule discharged, but without prejudice to the right of the petitioners to seek remedy before the appropriate forum, if so advised. ..... to appreciate the meaning of overcharge , as illustration from the facts of the present case would, i feel, be appropriate. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(2)ALT440
..... rajeev reddy submits that when the contract has specifically provided for appointment of the railway officers for constituting the arbitral tribunal, it is only appropriate that they should be appointed. ..... has been required to be made available for such dumping has either not been physically available or even, if available, the said site is all filled with permanent way materials belonging to the railways and thus, there was an actual constraint that has been brought about for the applicant company to stack the ballast procured by it. ..... this context it will be appropriate to notice what the supreme court has pointed out in northern railway administration case cited 2008 (3) ..... it is, further, pointed out that pursuant to the letter dated 15-09-2007 of the applicant, the respondent railways have taken action and the claims/disputes are being referred for arbitration and, in that process, the general manager, south central railway, vide their proceedings dated 20-06-2008, informed the applicant to indicate two names of his choice, of the four names suggested, for ..... held that when once the notice period of thirty days had expired and one of the parties to the agreement had already moved the chief justice or his designate under section 11(6) of the act, the opposite party, having right to appoint the arbitrator under the arbitral agreement, loses the right to do so. ..... 2005(6)alt325 chief signal and telecommunication engineer (projects), south central railway ..... patel engineering (2005) 8 scc .....
Tag this Judgment!Court : Allahabad
..... therefore, after waiting for more than 120 days, the petitioner finally served notice dated 03rd september, 2005 upon the general manager calling upon him to invoke the arbitration clause to appoint an arbitrator within 30 days, otherwise right of appointment of arbitrator by the railways as per the general conditions of contract will be forfeited and the petitioner will be free to approach the appropriate legal forum for appointment of arbitrator under the act. ..... (iii) whether the respondent herein had taken necessary steps for appointment of an arbitrator in terms of the agreement, and had the appellant failed to act in terms of the agreed procedure, by not referring the dispute to its [director (marketing) (as in the referred case)] [chief administrative officer/general manager (as in the present case)] for arbitration?" 7. ..... i have come across three judges' bench judgment of the supreme court in northern railway administration (supra) and gone through the relevant part of this judgment i.e. ..... on the other hand, it has been stated that the petitioner has given 'no claim certificate' (copy enclosed), therefore, in view of the above giving of letter dated 02nd april, 2005 by the petitioner for reference to the arbitrator is not understood and should not be taken cognizance of. ..... the contention of the petitioner is that after submission of claim to the chief administrative officer vide its letter dated 02nd april, 2005, nothing was responded by the respondent-railway authority. .....
Tag this Judgment!Court : Chennai Madurai
..... the first defendant, who lost the legal battle before both the courts below, has come forward with this second appeal challenging the judgment and decree dated 24.06.2005 passed in a.s.no.118 of 2004, on the file of the learned principal subordinate judge, tenkasi, by confirming the judgment and decree dated 06.07.2004, passed in o.s.no.442 of 2003, on the file of the learned district munsif, tenkasi. 2. ..... it is appropriate to incorporate paragraph nos.5 and 6 of the above citation, which are as follows: 5.the appellant was only a licensee of the plot in question and it is well settled that a licensee has no right vide sec.60 of the easements act. ..... union of india owning southern railway, represented by its general manager, chennai and others reported in (2005)1 mlj 453 and he would submit that unauthorised occupants can forcibly be evicted from the public premises. ..... union of india owning southern railway, represented by its general manager, chennai and others reported in (2005)1 mlj 453 and prayed for setting aside the decree and judgment passed by both the courts below. 10. ..... of the code of civil procedure, against the judgement and decree dated 06.07.2004 made in o.s.no.442 of 2003, on the file of the principal district munsif court, tenkasi which was confirmed by the judgment and decree dated 24.06.2005, in a.s.no.118 of 2004, on the file of the principal subordinate judge, tenkasi. ..... consequently w.a.m.p.no.179 of 2005 is also dismissed. 17. .....
Tag this Judgment!Court : Punjab and Haryana
..... (criminal) 533 and vijaysingh chandubha jadeja versus state of gujrat, (2011).scc609 to decide the controvers.in regard to non-compliance of the provisions of section 50 of the act, it is appropriate to extract part of the statement of si parmod kumar, relevant for the purpose, and the same is usefully quoted hereinbelow:- saini paramjit kaur 2014.02.26 16:30 i attest to the accuracy and integrity of this document ..... tried to join some independent witnesses but all sought there helpless (sic).after some time, the accused present in the court alongwith her co-accused, were seen coming to the side of railway station and they stopped and asked their antecedents. ..... 271-sb of 2005 -6- on receiving this information i made a naka bandi under the bridge in front of railway station, ambala ..... has been directed against judgment and order dated 17.1.2005 and 18.1.2005, respectively, whereby the appellant has been convicted and sentenced for commission of offence punishable under section 15 of the narcotic drugs and psychotropic substances act, 1985 (for short the act . ..... laid in front of railway station, ambala cantt ..... he reached near railway colony, ambala ..... appeal-s-271-sb of 2005 -3- punishable under section 15 of the act to which she pleaded not guilty ..... appeal-s-271-sb of 2005(o&m) date of decision: 30.1.2014 surinder kaur ---petitioner versus state of haryana ---respondent coram: hon ble mrs.justice rekha mittal *** present:- mr.gurcharan dass, advocate for the petitioner mr.anupam sharma, aag, .....
Tag this Judgment!Court : Delhi
Reported in : 2007(97)DRJ567
..... the prayers in the writ petition are as follows:(i) to pass an appropriate writ order or direction for quashing/setting aside the impugned notification dated 31.1.2007 bearing no.f-7(21)/2005/l&b;/la/mrtc/w/16141 issued under section 4 of the land acquisition act and any other subsequent acquisition notification and or proceedings and rehabilitation policy. ..... shali, learned counsel appearing for the delhi metro rail corporation, that the provisions of the metro railway (construction of works) act, 1978 (hereinafter referred to as `the metro act') have not been resorted to. ..... (iii) to declare provisions of the metro railway (construction of works) act, 1978 as ultra virus of the constitution of india ..... (ii) to direct the respondents to apply the metro railway (construction of works) act, 1978 for any proposed and present above acquisition for metro station mundka, delhi or any other work or construction for metro in delhi ..... (iv) to pass an appropriate writ order or direction where by directing respondents to have a record survey and construct of metro rail alignment projection on the vacant land which are available near the land of the petitioner and in general where properties ..... shali states that as and when the provisions of metro act are invoked, the statutory obligation to appoint a competent authority as well as an appellate authority shall inevitably be fulfillled ..... so far as the virus of the metro act are concerned, since this statute has not been resorted to, the challenge is academic .....
Tag this Judgment!Court : Kerala
..... the claimants were before the appropriate government, who referred the justifiability of denial of employment for adjudication under the act. ..... (c)no.3458 of 2005 -:4:- 4.learned standing counsel for the petitioner railways would contend that, the claimants, having not worked in the railways, cannot, during the said period, be said to be entitled to productivity linked bonus or the leave salary, which right would accrue, only on the actual working of an employee, in the service of the establishment. ..... (c)no.3458 of 2005 -:5:- writ petition itself would show that, the liability, which the petitioner railways seek to absolve itself of, comes to only about rupees ten lakhs and the benefit, which would accrue to each individual workmen would be around about rupees sixty thousand. ..... 3458 of 2005 (j) -------------------------------------- appendix petitioners' exhibits ----------------------------------- p1: copy of claim petition no.25/1996 in labour court, kozhikode including summons and annexures p2: copy of written objection dated94/98 in cp.25/96 p3: copy of statement dated211/2003 along with details of amount filed in cp.25, 26 & 27/96 filed by claimant's counsel p4: copy of counter dated42/2003 filed by railway to revised statement dated211/03 in cp.25, 26,27/96 p5: copy of the order dated306/2003 of labour court in cp.nos.25, 26 & 27/96 p6: destails of arrears paid to r1 in respect of the period from511/83 to313/93 p7: details of balance arrears due to r1 is respect of the .....
Tag this Judgment!Court : Kerala
..... the claimants were before the appropriate government, who referred the justifiability of denial of employment for adjudication under the act. ..... (c)no.3458 of 2005 -:4:- 4.learned standing counsel for the petitioner railways would contend that, the claimants, having not worked in the railways, cannot, during the said period, be said to be entitled to productivity linked bonus or the leave salary, which right would accrue, only on the actual working of an employee, in the service of the establishment. ..... (c)no.3458 of 2005 -:5:- writ petition itself would show that, the liability, which the petitioner railways seek to absolve itself of, comes to only about rupees ten lakhs and the benefit, which would accrue to each individual workmen would be around about rupees sixty thousand. ..... 3458 of 2005 (j) -------------------------------------- appendix petitioners' exhibits ----------------------------------- p1: copy of claim petition no.25/1996 in labour court, kozhikode including summons and annexures p2: copy of written objection dated94/98 in cp.25/96 p3: copy of statement dated211/2003 along with details of amount filed in cp.25, 26 & 27/96 filed by claimant's counsel p4: copy of counter dated42/2003 filed by railway to revised statement dated211/03 in cp.25, 26,27/96 p5: copy of the order dated306/2003 of labour court in cp.nos.25, 26 & 27/96 p6: destails of arrears paid to r1 in respect of the period from511/83 to313/93 p7: details of balance arrears due to r1 is respect of the .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Ernakulam
..... annexure a-2 representation under the right to information act, 2005 to let him know the number of station masters who have registered for one way transfer from chennai division to trivandrum division, the order of priority of registration of the station masters registered for the transfer with their date of registration, the progress made in effecting the transfer of these registrants, whether there is any move by the railway administration to transfer ms. ..... 23.12.1999 according to the applicants, they were under the bonafide belief that the madras divisional authorities would take appropriate steps to forward their names to the trivandrum division in the order of the dates of their registration for ..... willingness, offer should be made strictly on the basis of the date of registration of application in the respective parent division/railway and orders of transfer should, on receipt of willingness should be again in the order of the respective initial date of registration ..... directed to reschedule the order of transfer of various individuals on the basis of their initial date of registration in the parent division/railways and also fix the seniority, on their joining, in the same order of their date of registration. 12. ..... consequently, order at annexure a-9 which declares that the date of communication by the parent division/railway shall dictate aspect of issuing transfer order and consequent seniority in the transferred division is held to be invalid and hence, annexure a-9 is quashed .....
Tag this Judgment!Court : Supreme Court of India
..... . these are questions for which we have not been provided any answers at all - it is entirely for the government of india and parliament to decide how to legally appropriate these thousands of crores of rupees and then utilize the amounts for the benefit of construction workers, at least for the future, assuming nothing can be done for the past ..... . if a mistake has occurred, and we have no doubt that hundreds of mistakes have occurred in the implementation of the bocw act, it is more appropriate to admit the mistake for a better future rather than to justify it or continue to repeat the mistake ..... . the ministry of labour and employment shall actively consider making available to the construction workers the benefits of the maternity benefit act, 1961 and the minimum wages act, 1948, the employees state insurance act, 1948, the employees provident funds and miscellaneous provisions act, 1952, as well as (to the extent possible) the mahatma gandhi national rural employment guarantee act, 2005.8 ..... . the ministry of labour and employment should also consider whether projects of the government of india in the railways, defence and other establishments are brought within the purview of the bocw act.9 .....
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