Judgment Search Results Home > Cases Phrase: appropriation railways act 2006 Court: allahabad Page 1 of about 10,719 results (0.091 seconds)

Lipton India Limited Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2009)22VST230(All)

..... from any person any amount by way of trade tax on sale or purchase of goods or any amount in lieu of trade tax on sale or purchase of goods by giving it a different name or colour; and no dealer registered under this act, shall, in respect of any sale or purchase made by or through him, realize from any person, other than a person to whom goods are sold by him, any amount by way of trade tax on sale or purchase of goods or ..... controversy and to find out whether trade tax is payable or not over the tea bags produced of etah branch or whether the department has got right to issue notice under section 15a(i)(qq) of the act, recorded a finding that since the enquiry is pending before the subordinate authority (sales tax officer), it is appropriate that the controversy may be adjudicated by the sales tax officer. ..... 21, radha krishna mahavir prasad, northern railway city booking agent, chowk, allahabad v ..... in the case of anil kumar [2006] 145 stc 656 : [2005] 11 scc 451 though the controversy relates to a situation where exemption was granted under section 4a of the act but the allegation against the taxpayer was that he has charged the trade tax before the grant of exemption ..... anil kumar ramesh chandra glass works reported in [2006] 145 stc 656 (sc) : [2005] 11 scc 451, ansal ..... anil kumar ramesh chandra glass works [2006] 145 stc 656 : [2005] 11 scc 451 seems to be not applicable under the facts and circumstances ..... the case of anil kumar [2006] 145 stc 656 : [2005] 11 scc 451 does not seem .....

Gopi Nath Singh Vs. Hardeo Singh and ors.

Court : Allahabad

Reported in : (1909)ILR31All285

..... the learned advocate for the judgment-debtors contended' that as there was no direction by the judgment-debtors as to how the money was to be appropriated, and as no appropriation was made then and there in the case of any of the payments with the exception of that made on the 26th march 1857, none of these payments could rightly be held to be payments of interest on debt paid as such ..... the lower court in considering the application for execution was of opinion that (1) mere appropriation by the creditor of any amount paid towards interest, or (2) any direction of a court that sums paid be appropriated under the provisions of the contract act, sections 69, 60 and 61, towards interest could not be interpreted as payments made by the debtor towards interest 'as such' and (3) that the suit brought by chaudhri gopinath having been filed when more than six years had ..... expired from the execution of the bond, held that the present application for a decree under section 90 of the transfer of property act could not be granted and ..... the subordinate judge who tried the suit held that these payments should be considered payments appropriated by the judgment-creditor towards interest due under the bond. .....

Emperor Vs. Dunyapat and ors.

Court : Allahabad

Reported in : (1920)ILR42All53

..... it has been argued in revision in this court that the act of the tenants was wanting in the element of dishonesty which is a necessary essential of every theft. ..... it may well be that they had some intention, by this act, of creating evidence of a custom to remove the trees in their favour. ..... there is no finding in this case that the accused was acting bond fide, on what he supposed to be his legal right.2. .....

Union of India (Uoi) Through Its General Manager, North Eastern Railwa ...

Court : Allahabad

Reported in : [2007(115)FLR536]

..... the handicraft centre was part and parcel of the railways and therefore, the dispute, if any, under the industrial disputes act, could be referred, only by the appropriate government which, in the present case was central government.10. ..... the facts leading to the filing of the writ petition is, that the petitioner, north eastern railway, affairs and administration is regulated under, the indian railways act as well as under the provisions contained in the indian railways establishment manual and other statutory rules and regulations. ..... the petitioners further contended that assuming without admitting that the provisions of the said act was applicable, the reference, if any, could only be made by the appropriate government, which in the present case, was the central government under section 10 of the industrial disputes act and that, the state government was not the appropriate government to make a reference under section 4-k of the u.p. ..... in view of the aforesaid, it is not necessary for the court to dwell on the question as to whether the handicraft centre is an industry as defined under section 2[j] of the industrial disputes act nor it is worth while for the court to decide the question as to whether the state government was the appropriate government to refer the dispute.30. ..... the tribunal further held that the appropriate government was the state government and that a reference could be issued under section 4-k of the act. .....

Director of Railway Movement (Coal) Eastern Railways, Calcutta Vs. Aka ...

Court : Allahabad

Reported in : AIR1985All314

..... neither open to challenge in this proceeding nor arc they disputed;(2) there is no room to doubt in face of the analysis already made above that the subordinate court acted in ignorance or utter disregard of relevant provisions contained in sections 27, 27a, 28 of the railways act read with the statutory preferential traffic schedule as then in force it being not disputed before me that this was substantially on these same terms when the suit was decided ..... then is that in directing perpetual allotment of nine coal wagons to the respondents-plaintiff the trial court has manifestly sidetracked the entire scheme behind sections 27, 27-a, 28 of the railways act and the preferential traffic schedule and this court would be justified to interfere in exercise of supervisory powers conferred by article 227 of the constitution. ..... is well recognised that the power conferred by this article is 'to be exercised most sparingly and only in appropriate cases in order to keep subordinate courts within the bounds of their authority and not for correcting mere errors ..... in the extraordinary situation which has arise in this case the appropriate relief, in my opinion, would be to bring the impugned decree in conformity with law to the extent possible eliminating in the ..... 298 of 1977 should appropriately be deemed to be before declaration that the plaintiffs are entitled to have their requirement for allotment of wagons of steam coal considered according to law from time to time subject to the plaintiffs' .....

Indian Railway Construction Co. Ltd. and Another Vs. Lal Mohammad and ...

Court : Allahabad

Reported in : 1998(3)AWC1761; (1998)2UPLBEC1578

..... 'it has been held in the judgment under appeal that as prior permission of the appropriate government was not obtained, there was non-compliance of section 25n of industrial disputes act, 1947 (hereinafter referred to as the act) and, therefore, the impugned order retrenching the writ petitioners from service was illegal and consequently, the writ petitions deserved to be allowed ..... contract with the national thermal power corporation for the construction of a railway line from rihand nagar to alori colliery and mayar bridge to shaktl nagar ..... of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on : but does not include a mine subject to the operation of (the mines act, 1952 (xxxv of 1952) or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place : explanation (1)............................................................... ..... the whole area over which the railway line is constructed cannot be held to be a factory and consequently, the provisions of chapter vb of the act cannot apply to the establishment ..... company managed execution of the project by taking persons from railway and other government undertakings on deputation but subsequently the company ..... was incorporated inthe year 1978 to carry out the business relating to railway construction by entering into contracts on turnkey basis or otherwise either individually .....

Kundan Lal Vs. Union of India (Uoi) and anr.

Court : Allahabad

Reported in : AIR1961All567; [1961(2)FLR126]; (1961)ILLJ679All

..... pointed out that sub-section (4) of section 241, clearly provides that the rules framed under that section would be subject to acts of the appropriate legislature regulating the conditions of service of persons serving his majesty in a civil capacity in india.the payment of wages act was according to him an act of the kind and the rules of the railway establishment code were consequently to be read subject to that act. ..... are, therefore, unable to accept the contention that it was open to the appellant by approaching the authority under the payment of wages act to set at naught the decision of the heirarchy of authorities which had dealt with his case under the provisions of the railway establishment code and had come to the conclusion that a particular penalty must be imposed upon him.8. ..... counsel for the appellant submitted with reference to his first contention that the rules to be found in the indian railway establishment code had been framed under section 241 of the government of india act, 1935, and related to the conditions of service of the persons serving under the government. ..... the provisions of the payment of wages act overruled those of the railway establishment code and irrespective of what had been held by the railway authorities under the code it was open to the appellant to approach the authority under the payment of wages act for redress and it was for that authority to consider whether the deductions from the appellant's salary which were being made were justified or .....

Oudh and Tirhut Railway Vs. Mrs. Karam Chand Paras Ram

Court : Allahabad

Reported in : AIR1958All234

..... . this defendant raised certain legal pleas and these were (a) that the suit was not maintainable because the requisite notice under section 77 of the indian railways act had not been given to the general manager of the east indian railway within six months from the date of the booking of the consignment; (b) that the suit should be dismissed because the requisite notice under section 80 of the code of civil procedure had not ..... . justice beg the appropriate article that applied was article 31 & not article 30 and that time began to run from the date when the railway administration in this case informed the plaintiff of the fact that they were not going to meet the plaintiff's claim.62 ..... . a list of wagons looted at the railway station was prepared, but it has not been produced in the case and there is no evidence that it contained the number of the wagon in which the plaintiff's consignment travelled.after having come to the afore-quoted finding i find it difficult to see how what my brother subsequently said could be appropriate, namely, that a presumption could be made that the wagon reached barauni when the disturbances were taking place there ..... . correctly, and i have no reason to think that i have not, he is of the opinion that the appropriate article which applied to the circumstances of the case was article 30 of the first schedule of the limitation act .....

Union of India Through General Manager, Northern Railway and Others Vs ...

Court : Allahabad

Reported in : 2001(1)AWC732; (2001)1UPLBEC420

..... before proceeding further, it will be pointed out that section 184 of the railways act, 1989, is in pari materia with section 135 of the indian railways act, 1890, which has been referred to in paragraph of the decision in purna municipal council (supra). ..... bills served by jal sansthan :(i) the petitioner has been uninterruptedly paying such bills since remote past as if in discharge of a contractual obligation, the petitioner has not denied the liability of paying the bills regarding other railway stations but wants to avoid the payment of the instant liability on the strength of the prayers contained in the application which was moved by the petitioner seeking a decision of the central government to be taken as a policy measure and ..... we make it clear that the rights of the local authority as flowing under section 135 of the indian railways act, 1890, stand preserved in the event of the central government moving into the matter, if not already moved. ..... the reasoning of the high court to oust the applicability of section 135 of the indian railways act on the test of sub-article (2) of article 185 was totally misplaced, as also in not venturing to create room for it in sub-article (1) of article 285. ..... puma municipal council and others, (1992) 1 scc 100, had held that section 135 of the railways act is subject to the provisions of article 285 of the constitution. ..... before parting with this case, it would be appropriate to refer to a submission of sri b. .....

Gajraj and Others Vs. State of U.P. and Others

Court : Allahabad

..... owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any railway administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or access to any such station, or the appropriate government considers it necessary to acquire the immediate possession of any land for the purpose of maintaining any ..... by the aforesaid writ petition petitioners who are 171 in number have challenged the notification dated 30.06.2006 issued under section 4 read with section 17(1) and 17(4) of the land acquisition act, proposing to acquire 180.8114 hectares of land of village raipur bangar, declaration under section 6 was made on 16.01.2007. ..... aforesaid writ petition has been filed by petitioners, who are four in number, challenging the notification dated 17.04.2006 issued under section 4 read with section 17(1) and 17(4) of the land acquisition act, proposing to acquire 343.5881 hectare of land of village maicha for planned industrial development. ..... this writ petition challenges the notification dated 24.08.2006 issued under section 4 of the act read with sections 17 (1) and 17 (4) of the land acquisition act, proposing to acquire 100.428 hectares of land of the village in question for planned industrial development. .....