Judgment Search Results Home > Cases Phrase: appropriation railways act 2006 Court: karnataka Page 1 of about 9,415 results (0.080 seconds)

A.H. Makandar and Others Vs. N. Ramachandran

Court : Karnataka Kalaburagi

..... the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be done under the powers conferred by, or in pursuance of, any provisions of this act or the rules thereunder shall be commenced within three months after the act complained of shall have been committed and not otherwise thereof shall be given to the person concerned and his superior officer at least one month before the commencement of such ..... that there was a report about the theft of cst 9 plates in bijapur-bagalkot section and 1st accuse who was the inspector of railway protection force (rpf), was directed to investigate into the matter by a-9, chief security commissioner; 2nd accused was directed to supervise and monitor ..... whether the complainant has proved that on 31.3.2006 at 12.30 p.m accuse-1 to 7 have taken him barefoot from rpf police station to railway platform, bijapur by putting handcuffs with leading chain without shirt and dishonoured him in violation of the human rights ..... 2) any such plea may be proved by the production of the order directing the act, and if it so proved, the member of the force shall thereupon be discharged from any liability in respect of that act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued ..... to know of the torture meted out to him, his wife sent a telephonic message to accused nos.8 and 9 to take appropriate action against accused nos.1 to 7 and also complained to national human rights commission on 8.5.2006. .....

M/S Kumaraswamy Mineral Exports Vs. The Commercial Manager South Weste ...

Court : Karnataka Dharwad

..... that it would not be tenable for the petitioners to contend that the respondents are not in a position to demand and receive the additional amounts payable in terms of section 78 of the act, which provides that notwithstanding anything contained in the railway receipt, the railway administration may, before the delivery of the consignment, have the right to re-measure, re- weigh or re-classify, any consignment; re-calculate the freight and other charges; and correct any other error ..... and 2 having booked the consignment and having received the freight charges at 30% concession and respondent no.3 having realized that a mistake of fact had been committed by respondents 1 and 2, the question is whether the 8 railways are enabled in law to claim and demand the difference in charges and whether the contract of entrustment of goods for carriage could be said to be voidable and not binding on the respondents.6. ..... in terms of section 36 of the railways act, 1989, any complaint as regards the railway administration charging for the carriage of any commodity between two stations, at a rate which is unreasonable, it would be for the complainant to approach the railway rates tribunal constituted under chapter vii of the railways act, 1989. ..... , the petitioners firstly having chosen to approach the consumer forum and thereafter having withdrawn the same and having approached this court, is a folly committed by the petitioners and they should avail of the appropriate remedy before the tribunal.4. .....

Mr Manohar Shetty Vs. The Deputy Commissioner

Court : Karnataka

..... to the writ petition and has submitted that the notice has been issued to the petitioner under section 67(2)(c) of the act and therefore, the sanction has to be obtained by the respondent no.2 for laying down the electricity line from the appropriate government under section 68(3) of the act and the mechanism provided under section 68 (4) of the act has to be resorted to. it is reiterated that the work in question is not a transmission line and there is no authorization in favour of ..... , deputy commissioner and the district magistrate by an order dated 15.01.2013 in exercise of powers under section 16(1) of the indian telegraph act, 1885 granted permission to respondent no.2 to lay double circuit electricity transmission line from kabaka railway crossing, puttur taluk in the existing tower 28 to putturkv7electricity sub-division in the existing 110 kv single circuit nettlemudnur-puttur electricity corridor for a distance ..... emerge for consideration in these writ petitions: (i) whether in view of the fact that rules have not been framed under section 67 to 69 of the act, provisions of sections 12 to 18 of the electricity act, 1910 shall apply and consequently, the consent of the owner was required to be taken before installation of the transmission lines? ..... published a public notice 5 dated 21.12.2010, by which public in general was informed about the proposed erection of transmission line from kabaka railway crossing to puttur sub-station situated at a distance of 4.50 kms. .....

M/s. Kumaraswamy Mineral Exports and Another Vs. The Commercial Manage ...

Court : Karnataka Dharwad

..... that it would not be tenable for the petitioners to contend that the respondents are not in a position to demand and receive the additional amounts payable in terms of section 78 of the act, which provides that notwithstanding anything contained in the railway receipt, the railway administration may, before the delivery of the consignment, have the right to re-measure, re-weigh or re-classify, any consignment; re-calculate the freight and other charges; and correct any other error ..... and 2 having booked the consignment and having received the freight charges at 30% concession and respondent no.3 having realized that a mistake of fact had been committed by respondents 1 and 2, the question is whether the railways are enabled in law to claim and demand the difference in charges and whether the contract of entrustment of goods for carriage could be said to be voidable and not binding on the respondents. 6. ..... terms of section 36 of the railways act, 1989, any complaint as regards the railway administration charging for the carriage of any commodity between two stations, at a rate which is unreasonable, it would be for the complainant to approach the railway rates tribunal constituted under chapter vii of the railways act, 1989. ..... , the petitioners firstly having chosen to approach the consumer forum and thereafter having withdrawn the same and having approached this court, is a folly committed by the petitioners and they should avail of the appropriate remedy before the tribunal. 4. .....

Regional Labour Commissioner, Bangalore and Others Vs. T.K. Varkey and ...

Court : Karnataka

Reported in : [1991(62)FLR718]; ILR1991KAR946

..... , were not in conformity with the notification issued by the central government fixing the minimum wages; that as the work was being carried on for the purpose of the railways and within the railways establishment, the appropriate government was the central government under the act, therefore, the notification issued by the central government prescribing minimum wages for the employment in the building operations applied to it and as such the workmen were required to be paid ..... the definition of 'appropriate government' occurring in the industrial disputes act is not in pari materia with that of the one contained in the minimum wages act, inasmuch as the definition of 'appropriate government' under the industrial disputes act is in relation to an industry carried on by or under the authority of the central government, or by a railway company, etc. ..... from the definition of the expression 'appropriate government' as reproduced in para 10 above, it is clear that in order to attract clause (i) of section 2(b) of the act, it is necessary that the scheduled employment is carried on by or under the authority of the central government or a railway administration or in relation to a mine or major port or any corporation established by the central act, by the central government. .....

Verkey and Co. Vs. Regional Labour Commissioner

Court : Karnataka

Reported in : ILR1985KAR3359

..... the authority of the central government and, therefore, only the central government has the power to fix minimum wageswander the act.in the light of the above discussion my conclusions are as follows :(i) there is nothing in section 135 of the railways act to hold that a railway canteen situated in the railway station within the municipal area of mangalore city municipal council is not within the municipal area. ..... therefore so long the company/the contractor, cannot be regarded as carrying on its industry by or under theauthority of the central government/railway administration, the appropriate government which could, require the company, by rules framed by it to take licence to carry on its industry in conformity with the ..... the act, the company is governed by the rates of wages fixed by the state government, as it is the appropriate government as defined under the act it is only when a person was carrying on industry by or under the authority of the central government or railway administration, theappropriate government for purposes of fixation of wages under the act would ..... by the labour enforcement officer (central), bangalore, the 2nd respondent under section 20(3) of the minimum wages act ('the act' for short), the following question of law arises for consideration --whether the 1st petitioner - company which has entered into, a contract with the railway administration of the central government for constructing buildings can be regarded as carrying on its business/industry by .....

Mysore Stoneware Pipes and Potteries Limited, Bangalore Vs. State of K ...

Court : Karnataka

Reported in : [1998(79)FLR422]; ILR1998KAR1060; 1998(3)KarLJ261

..... , be held that a prima facie examination of the merits cannot be said to be foreign to the enquiry which the appropriate government is entitled to make in dealing with a dispute under section 10(1) and so, the argument that the appropriate government exceeds its jurisdiction in expressing its prima facie view on the nature of termination of services of appellants 2 and 3 ..... the sixth point therein is to the following effect:'as no period of limitation is prescribed for making the reference, the appropriate government has no power to reject a claim merely on the ground of the same being belated or stale'.with reference to the facts of the particular case being dealt with by the division bench, it observed ..... dealing with the scope of section 10 of the act in relation to power of the appropriate government in making reference to labour court/industrial ..... , to be re-employed in railways has been recognized both by the railways and this court. ..... casual labourers of south eastern railway, alleged to have been appointed between 1964-69 and retrenched between 1975-78, had approached the supreme court for a direction to the union of india and others to include their ..... any step to enforce their claim before the railways except sending a vague representation, nor did they even care to produce any material to satisfy this court that they were covered inthe scheme framed by the railways. ..... writ petition under article 32 of the constitution filed by certain casual labourers of south eastern railway. .....

Koshy and Thomas Vs. State

Court : Karnataka

Reported in : ILR1987KAR3814

..... , therefore, only the central government has the power to fix minimum wages under the act.in the light of the above discussion, my conclusions are as follows :(i) there is nothing in section 135 of the railways act to hold that a railway canteen situated in the railway station within the municipal area of mangalore city municipal council is not within the municipal area ..... relation to an undertaking in textile industry in respect of which an authorised controller was appointed under the provisions of the industrial (development and regulation) act, 1951, the appropriate government was the state government and not the central government observing that even where an authorised controller was appointed by the central government, it merely ..... the expression 'appropriate government' is defined in section 2(1)(a) of the contract labour (regulation and abolition) act, 1970, as under :'2(1)(a) 'appropriate government' means :(1) in relation to--(i) any establishment pertaining to any industry carried on by or under the authority of the central government, or pertaining to any such controlled industry as may be specified in this behalf by the central government, or(ii) any establishment of any railway cantonment board, major ..... appropriate government' means--(i) in relation to any scheduled employment carried on by or under the authority of the central government or a railway administration, or in relation to a mine, oil-field or major port, or any corporation established by & central act .....

Gaurav Dahake Vs. The Union Of India

Court : Karnataka

..... the following:- coram: the hon'ble mr justice m.nagaprasanna cav order the petitioner is before this court calling in question an order dated 31-10-2023 passed by the xxxv additional chief metropolitan magistrate/special metropolitan magistrate (railways), bangalore in c.c.no.3401 of 2023 taking cognizance of the offence punishable under section 143 of the railways act, 1989 ( the act for short). 32. ..... praying to1 quash the occurrence report bearing no.895/2020 dated3009.2023 (annexure-a) filed by the yeshwanthpur railway protection force for the offence p/u/s1432) of the railways act, 1989 and etc. ..... taxes and gst on all the transactions done, a notice was issued to him on 29-09-2020, the petitioner was summoned and enquiry against him was made for offences punishable under section 143 of the act and the laptop through which the petitioner was doing his extension work comes to be seized and on the alleged confession of the petitioner, the respondent registered a crime. ..... therefore, finding no warrant to permit continuance of the proceedings against the petitioner, i deem it appropriate to exercise my jurisdiction under section 482 of the cr.p.c. ..... since the offence alleged is section 143 of the act, i deem it appropriate to notice section 143 of the act. ..... if there is any violation by use of such facility with the irctc, it is open for irctc to take appropriate action to de- register such registered users. ..... it is appropriate to refer section 143 of the act which reads as follows: 143 .....

Cotton Corporation of India Limited,bangalore Vs. G.C. Odusumath and O ...

Court : Karnataka

Reported in : ILR1998KAR2553; 1998(6)KarLJ181; (1999)ILLJ19Kant

..... by making the following observation in para 28:'from its perspective and on deeper consideration, we are of the considered view that the two-judge bench in heavy engineering case narrowly interpreted the words 'appropriate government' on the common law principles which no longer bear any relevance when it is tested on the anvil of article 14'.in the case of air india statutory corporation, the supreme court has ..... ordinarily presumed not to be a servant or agent of the state'.further at para 6 of the judgment the supreme court considered the definition of 'appropriate government' as given in section 2(a)(i) with reference to the meaning of 'employer' given in section 2(g) of the act and held:'in this connection the meaning of the word 'employer' as given in section 2(g) of the act may be looked at with some profit as the legislature there has used identical words while defining 'an employer. ..... any industry carried on by or under the authority of the central government, or by a railway company or concerning any such controlled industry as may be specified in this behalf by the central ..... that an industry carried on by or under the authority of the government means either the industry carried on directly by a department of the government, such as the posts and telegraphs or the railways, or one carried on by such department through the instrumentality of an agent. ..... by the central government or by any one of its departments as in the case of posts and telegraphs or the railways. .....