Judgment Search Results Home > Cases Phrase: appropriation railways act 2006 Court: orissa Page 1 of about 1,232 results (0.089 seconds)

Prabir Kumar Das Vs. State of Odisha and ors.

Court : Orissa

..... we trust and believe that the directions/suggestions which we are making are not exhaustive in nature and we leave it to the railway authorities and the district administration as well as the law enforcing agency to ponder over the matter and take appropriate remedial measures in the right direction as early as possible and periodical report of compliance be furnished to the registrar general of the court, preferably once in every quarter. ..... under section 124 of the railways act read with the railway accidents and untowards incidents (compensation) rules, 1990, no fault liability of the passenger who died in a railway accident has been fixed at rupees four lakhs. ..... section 18 of the railways act, 1989 makes it obligatory on the railway administration in providing sufficient safeguards like suitable gates, chains, bars, styles and handrails and to employ persons to open and shut gates, chains or bar. ..... of the driver of the cargo auto vehicle in 9 question as the driver was listening to music by using head phone and he did not care to stop the vehicle to see if any loco is coming on the railway track and, therefore, when the accident in question took place solely because of the negligent crossing of the unmanned level crossing, under section 161 of the railways act, the driver of the said cargo auto vehicle is responsible and not the .....

Chintamani Khuntia and ors. Vs. the State of Orissa and ors.

Court : Orissa

Reported in : AIR1994Ori46

..... that right to receive a part of the offerings to the lord, by these sevayats is not a part of the religion within the meaning of articles 25 & 26 of the constitution and at the most the act of appropriation of a portion of the offerings to the deity by these two groups of sevaks is secular in character which can be abolished by law.10. ..... the petitioners are aggrieved by the provisions contained in sub-section (5) of section 28-b of the act which takes away the right of the sevaks to appropriate a share out of the said offerings, notwithstanding any law, custom, usage or agreement or on account of its being mentioned in the record ..... it is alleged that by the sri jagarmath temple amendment act, 1983 (orissa act 10 of 1983) in which some new sections were inserted the details of which shall be enumerated later on the aforesaid right of these groups of sevaks to appropriate a portion of the offerings has been taken away which is sought to be declared as ultra vires in this writ petition being hit by articles 14, 25, 26 and 300a of the ..... of sri jagannath temple that the .order of the administrator dated 23-11-1962 to the effect that thenceforth thali, parakha and jhari for collecting 'bheta' and 'pindika' are to be substituted by sealed boxes at the appropriate places of collection was passed in exercise of powers of making arrangement for proper collection of offerings like 'bheta' and 'pindika' which is purely a secular act totally unconnected with the nities or rituals of the deity. .....

Parikhita Behera and anr. Vs. the Divisional Railway Manager, South Ea ...

Court : Orissa

Reported in : 1998ACJ1019; 83(1997)CLT781; 1997(II)OLR69

..... detailing all these facts and circumstances and alleging the negligence on the part of the railway authorities, the petitioners have prayed for the following reliefs :'............a writ of mandamus or any other appropriate writ may kindly be issued against the opposite parties to take appropriate steps in the unmanned level crossing near bari-thangada passenger halt by which the future accidents can be avoided and compensate the petitioners for loss of their only son to the ..... no enquiry was conducted as regards the aformentioned accident in the manner provided under the railways act and the act of negligence on the part of the railway authorities is an accomplished fact. ..... the deceased was a trespasser into the railway track and not a bona fide passenger purchasing ticket and as such question of application of section 124 of the railways act, 1989 would not apply. ..... two lakhs which is the minimum liability of the railway authorities to a passenger as per section 124 of the railways act, 1989...........' 7. ..... the compensation is payable to only in respect of bona fide passengers who are injured or die in a railway accident which has been defined in the railways act. ..... the concept is very clear that the writ court is not debarred from awarding reasonable sum by way of compensation if there is a deliberate act of negligence on the part of the statutory authority and/or to help in protecting, preserving and enforcing the fundamental right to life and necessary directions are made.15. .....

Debahuti Parida and Another Vs. the General Manager East Coast Railway ...

Court : Orissa

..... is found that in the said case taking into consideration that the claim of the petitioners in relation to a person died in a railway accident 4 confined to rs.4,00,000/-(rupees four lakhs) and considering the provision made at section 124 of the railway act, 1989, which makes provision for no fault of liability of rs.4,00,000/-(rupees four lakhs) in case of accident involving railway and since it was matching to the claim of the petitioners therein, this court allowed the writ petition in the ..... while keeping it open for the petitioners to raise the claim of grant of appropriate compensation, i direct the railway authority-opposite parties to release a sum of rs.4,00,000/-(rupees four lakhs) towards interim compensation on the head no fault liability to claimants along with interest at the rate of 10% per annum from the date of accident ..... before the concerned police station involving the death of the deceased and taking into account the provision contained at section 124 of the said act read with the railway accident and untoward incident 5 (compensation) rule, 1990 the victims by way of interim compensation entitled to a sum of rs.4,00,000/-(rupees four lakhs) towards no fault liability as decided ..... 38 for which, i leave the matter open to the petitioners to agitate before the appropriate authority and get proper compensation subject to satisfying their claim in the particular court. ..... it is open to the petitioners to move appropriate forum for balance compensation, if they are so .....

Sheikh Makbul Vs. Union of India (Uoi) and anr.

Court : Orissa

Reported in : AIR1960Ori146

..... 8 of 1956, whereby he set aside the decision of the learned munsif and dismissed the plaintiff's suit against the union of india, representing the appropriate railway administration mentioned in the plaint for alleged damages to a certain consignment of potatoes from kanpur central station on the northern railway to bhadrak railway station on the south eastern railway.2. ..... (firm) satish chandra nandi, air 1936 cal 382, where it was held that no doubt the plea of limitation can be urged at any stage having regard to section 3 of the limitation act but when a party does take the appropriate defence but does not put before the court materials to sustain that defence, it is difficult for the court sitting in appeal to give effect to the defence contention and the court is justified in rejecting it. ..... (sanjiwa rao's 'the indian railways' act 3rd edition, volume ii, page 1182).in a recent case decided by this high court in nanda kishore chiranjilal v. ..... wagon containing potatoes shall be despatched by fast goods or mixed trains -- the despatching station shall wire to all junctions and engine-changing station, on route to push the wagon on by connecting trains (sanjiva row's 'the indian railways act' 3rd edition, vol. ..... of goods' provides that in all cases where the owners of goods are required to do loading and unloading, as the case may be, the risks attending these operations shall be borne by the owners (sanjiva row's 'the indian railways act' -- 3rd edition, vol. .....

Union of India Vs. Steel Authority of India Ltd. and ors.

Court : Orissa

..... but as per the provisions contained in section 27-a of the indian railways act, 1890, power is conferred on the central government directing the railway administration to carry any specific goods to a specific destination on a particular route known as rationalized ..... civil procedure, 1908 (5 of 1908), applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this act to the high court from the award, or from any part of the award, of the court and from any decree of the high court passed on such appeal as aforesaid an appeal shall lie to supreme court ..... civil procedure, 1908 (5 of 1908), applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this act to the high court from the award or from any part of the award, of the court and from any decree of the high court passed on such appeal as aforesaid an appeal shall lie to the supreme court ..... has been that a letters patent appeal canno.be ousted by implication but the right of an appeal under the letters patent can 13 be taken away by an express provision in an appropriate legislation. ..... it is stated that a letters patent appeal canno.be ousted by implication but the right of an appeal under the letters patent can be taken away by an express provision in an appropriate legislation. .....

Deo Karan Jhunjhunwala Memorial Public Charitable Trust Etc. Etc. Vs. ...

Court : Orissa

Reported in : AIR1994Ori76

..... mohanty, under the development act, the state government has to act only on the existence of a plan or scheme and until and unless the appropriate authority under the said act makes a plan or approves a scheme for construction of a bus stoppage near the railway station, there is no jurisdiction with the state government to acquire the land for the purpose for which it is stated to have been acquired. ..... provision what is required is that the land-holder who seeks the benefit must not have obtianed any order from a court retraining any action or proceeding in pursuance of the declaration under section 6 of the said act so that the explanation covers only the cases of those land-holders who do not obtain any order from a court which would delay or prevent the making of the award or taking possession of the land acquired ..... it is further contended that the power of acquisition under section 72 of the state act can be exercised by the state government only when there exists a plan under the act whereunder the competent authority has decided to have a bus stand near the railway station and until and unless such a decision of the competent authority is arrived at and there exists an approved plan to that effect, there would be no jurisdiction with the state to acquire the land in exercise .....

Paradeep Port Trust. Vs. Controlling Authority and ors.

Court : Orissa

..... this is a case, where on the face of it, it is apparent that though the indian parliament did not include the word 'major port' in the application clause while defining appropriate government at section 2(a) of the act, it is provided that for the purpose of a major port, mine, oild field or railway company, the central government is the appropriate government. ..... it is further contended by the opposite party nos.2 to 7 that as per the resolution to agenda no.4 (01)/2006-07 of the paradeep port trust board, a proposal for common regulation for payment of retirement benefits has been dropped in view of the instruction of the ministry of shipping and transport conveyed in its letter no.a-38011/4198-pe-1, dated 19.12. ..... accordingly, as per the direction of the said ministry in their letter dated 04.05.2006, ppt/petitioner considering the applicability of the gratuity act to port trust approved the payment of gratuity under the gratuity act since it is beneficial to the employees. ..... accordingly, an office memorandum dated 02.08.2006 (annexure-h) was issued to for implementation and it was directed that the payment of gratuity shall be governed by the payment of gratuity act, 1972.7. ..... has issued an office memorandum on 29.09.2006 (annexure-i) for imposing restriction in payment of gratuity w.e.f. ..... june, 2006. ..... said decision was taken in the meeting of the board held on 22.06.2006. .....

Executive Engineer(Electrical)southco, Phulbani and Vs. Smt. R. Wara L ...

Court : Orissa

..... .be equated with the scheme in chapter xiii of the railways act, as the principles involved have differences. ..... provision under the wc act is materially different from the scheme indicated in chapter xiii of the railways act. ..... took the view that the injured workman becomes entitled to get compensation the moment he suffers personal injuries of the types contemplated by the provisions of the workmen's compensation act and it is the amount of compensation payable on the date of the accident and no.the amount of compensation payable on account of the amendment made in 1995, ..... is made in section 4-a of the wc act that where any employer is in default of paying the compensation due within one month the commissioner shall direct the employer to pay no.only interest but in appropriate cases a penalty ranging up to 50% of the ..... various high courts in the country, while dealing with the claim for compensation under the workmen's compensation act have uniformly taken the view that the relevant date for determining the rights and liabilities of the parties is the date of the accident. ..... at this stage, it is appropriate to extract the relevant portion of the impugned judgment: the o.ps admitted in their w/s as well as in written argument ..... mahapatra, j.this appeal has been directed by the appellants under section 30 of the employees compensation act, 1923 challenging correctness of the judgment dated 30.06.2012 passed by the commissioner for employees compensation, ganjam, berhampur (for short, .....

South Eastern Railway Vs. Epari Satyanarayana

Court : Orissa

Reported in : AIR1961Ori141

..... . the argument however rather supports the railway's stand, in that if the weight is found to be less there is provision for refund by the railway to the consignee as provided in section 77 of the railways act and the appropriate tariff rules which entitle the consignee to refund if over-charged provided the claim is made within six months.5 ..... 29 in force from 1st june 1954 -- sanjiwa row's 'the indian railways act', 3rd edition, page 1183), reads as follows :'15. ..... . 7 under section 77 of the railways act and notice under section 80 of the civil procedure code, according to him, show that the plaintiff made the claim on the railway on the basis of the invoice which stated the particulars of the different items of medicines alleged to have been packed in the case and booked at howrah; further there was an affidavit by the consignee at berhampur ext, 6 that ..... right to correct charges under receipt notes-- the weight, description and classification of goods and quotation of rates as given in the railway receipt and forwarding note are merely inserted for the purpose of estimating the railway charges and the railway reserves the right of remeasurement, reweighment, reclassification and recalculation of rates, terminals and other charges and correction of any other errors at the place of destination and of collecting any amount that may have been .....