Judgment Search Results Home > Cases Phrase: appropriation railways act 2006 Court: rajasthan Page 1 of about 1,908 results (0.084 seconds)

Karyapalak Engineer and ors. Vs. Rajasthan Tax Board and ors.

Court : Rajasthan

Reported in : 2007(3)WLN339

..... of india, or sold to the government of india, for consumption by that government; or(b) consumed in the construction, maintenance or operation or any railway by the government of india or a railway company operating that railway or sold to that government or any such railway company for consumption in the construction, maintenance or operation of any railway.and any such law imposing, or authorising the imposition of, a tax on the sale of electricity shall secure that the price of electricity sold ..... of the special provisions made under section 135 of the indian railways act providing for the contingency under which railways shall be subject to local/taxes imposed by the local authorities. ..... to the government of india for consumption by that government, or to any such railway company as aforesaid for consumption in the construction, maintenance or operation of any railway, shall be less by the amount of the tax than the price charged to other consumers of a substantial quantity of electricity.article 289(1) the property and income of a ..... or business or any class of trades or businesses is incidental to the ordinary functions of the government, whereupon the trades/businesses so specified go out of the purview of clause (2).it would be appropriate at this stage to notice the ratio of two judgments of this court dealing with article 289 . ..... appropriate ..... by appropriation and by the agreement, there was .....

Union of India (Uoi) Vs. Lachhi Ram Gurdayalmal

Court : Rajasthan

Reported in : AIR1962Raj181

..... difficult to agree with the view taken in satyanarayana's case, air 1959 andh pra 17, as in our opinion, the railway's liability cannot be over until delivery of appropriate action under section 56 of the railways act. ..... having regard to the intricate nature of the questions involved in this appeal relating to the nature and extent of the liability of the railway administration under section 72 read with sections 47 and 54 of the railways act and the conflicting state of case-law thereon and other circumstances referred the case to a division bench and consequently the case has come ..... questions of fact and agreed with the findings of the trial court, namely, (1) that the station master got the goods unloaded through the railway porters; (2) that the defendant-railway acted negligently and did not take adequate precaution for the protection of the plaintiffs' gur; and (3) that the extent of damage had been proved.)8 ..... we are also inclined to hold that section 47 cannot contemplate a rule authorising the railway to act as warehouseman in connection with the contract for carriage and delivery and to charge demurrage and wharfage and at the same time deny its liability as a bailee for the ..... and in this respect the provisions of section 47 (1)(f), railways act, have to be noticed along with the fact that it was under the rules framed on 3-7-1902 for regulating the terms and conditions on which the railway administration agreed to warehouse or retain goods on behalf of the consignor or .....

Union of India (Uoi) and ors. Vs. Hiraram and ors.

Court : Rajasthan

Reported in : II(2003)ACC605; 2005ACJ1339; AIR2003Raj188; 2003(2)WLC669; 2003(1)WLN495

..... the court towards the pleadings wherein it has been submitted on behalf of the railway driver that the jeep driver was negligent; he had not been careful to check before crossing unmanned level crossing as to whether the train was approaching; his conduct was in violation of the provisions of section 161 of the railway act, which mandatorily require in such an eventuality that such person should take safety precautions ..... be a statement of law but in the instant case, there was negligence on the part of the driver of the jeep as well, which met with the accident with the railways and this evidence has been led by the appellant itself, therefore, it was not a case where it was a sole and exclusive negligence on the part of the ..... 'ble supreme court refused to interfere with the impugned award therein on the ground that court should not interfere merely on the ground that a different appropriate forum ought to have been approached.6. ..... is no detect in the vehicle but the accident is only due to the sole negligence of the other parties/agencies, then on that finding, the claim would go out of section 110(1) of the act because the case would then become one of exclusive negligence of railways. ..... the appellant has submitted that it is settled legal proposition that where there is sole and exclusive negligence on the part of railways in accident cases, the jurisdiction of the motor accidents claims tribunal is barred and in such eventuality, the proper forum would be railway claims tribunal. .....

Rajesh Chand and ors. Vs. the State of Rajasthan and ors.

Court : Rajasthan

Reported in : 2002(4)WLN215

..... respondents or any other respondent (s) who consider himself to be affected by the ad-interim mandamus, which is being made absolute today, to apprise the court about cause or causes affecting the safety of the railway lines and inform about remedial measures to be adopted to avoid catastrophic disasters leading to closs of human life.with these observations, the applications moved under article 226(3) of the constitution of india are hereby disposed ..... economic activities of makrana township and discomfiture of travelling people due to uncertain state of operating of makrana-parbatsar railway line due to safety risk in operating the railway line at existing site, a consensus was reached that the existing land covered by the railway track in question be surrendered by union of india provided diversion of railway track between makrana and bidiyod be agreed to and implemented for which land was to be provided by ..... direction that union of india may be restrained from taking any steps from operating the railway line (makrana-parbatsar) presently standing and to divert the railway line in a way that it does not result in stopping the marble quarries at ..... any provisions of rules of 1986 mentioned in the preceding paragrphs of this order and if any one is found to have committed any contravention of any of the provisions mentioned above then the appropriate authorities are hereby directed to initiate criminal proceedings against such lease holders as envisaged under section 21 of act no. .....

Seth Pushalal Mansinghka Private Ltd. Vs. Commissioner of Income-tax, ...

Court : Rajasthan

Reported in : [1967]63ITR109(Raj)

..... further, the learned counsel has pointed out that the question whether the goods were unconditionally appropriated towards the contract at bhilwara within the meaning of section 23 of the sale of goods act has not been properly considered and appreciated and that since the appropriation was at bhilwara, the subsequent process for the purpose of effecting actual delivery of the goods to the buyers or obtaining the price from ..... in favour of its branches in part a or part c states and that the goods were delivered to the buyers only when they paid the price to the bank and obtained the railway receipts.the question is whether, on these facts and circumstances, the property in the goods could be said to have passed to the buyers at bhilwara, as has been claimed by the assessee, or whether it passed at kodarma ..... their lordships of the supreme court that as the railway receipts could not be delivered to the buyers till the money was paid, in spite of the fact that the goods had been handed over to a common carrier, the appropriation to the contract was only conditional and that the performance was completed when the monies were paid and the railway receipts delivered in a part a or part c ..... by his order dated 31st may, 1954, for the assessment year 1951-52, the income-tax officer held that since the railway receipts were obtained by the assessee for 'self' and were sent by the assessee through its banker to the buyers, the ownership in the goods continued to vest in the assessee until .....

Bhanwarlal and ors. Vs. Rajasthan State Road Transport Corporation and ...

Court : Rajasthan

Reported in : (1985)ILLJ111Raj

..... 's case (supra) relates to a civil servant and article 311 is applicable to them only but, as per the detailed dissection of motiram deka's judgment, i have deduced that article 14 of the constitution was held to be violated by the indian railway establishment code and, therefore, it would be putting a very narrow construction to circumscribe the ratio of motiram deka's decision to be based on article 311, only. ..... observed that arbitrary and uncontrolled power is left in the authority to select at its will any person against whom action will be taken and the rules thus enable the authority concerned to discriminate between two railway servants to both of whom the rules equally applied by taking action in one case and not taking it in the other. ..... smith's case (supra) and tejbhan singh's case (supra) and a number of other decisions, referred to above, repeatedly observed that, since the making of a reference depends upon the decision of the government under section 10 of the act and is not of his right, the remedy of getting a reference made or making effort for it cannot be termed as an appropriate efficacious, speedy, alternative remedy.155. ..... , who had given a concurrent judgment that other four judges have indirectly held in analogous rule of relevant railway establishment code being, 148 and 149 as ultra vires of article 14 of the constitution on the principal ground that it gives un-canalised, unguided powers to termination of service of one employee and retained other one. .....

Union of India (Uoi) and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : [2003]129STC484(Raj)

..... petition under article 226 has been filed by the union of india through general manager, northern railway, new delhi and the divisional railway manager, northern railway, jodhpur seeking following directions :'(i) by an appropriate writ, order or direction it may be declared that the provisions of section 78 of the rajasthan sales tax act, 1994 are not applicable to the railways and its servants and the respondents and their officers may be restrained from interfering with the ..... to implement the sales tax laws in the state of rajasthan and collect the legitimate dues levied under the sales tax act, intensified checking the goods which were being transported through the railways through the territory of state of rajasthan by invoking the provisions of section 22a of the act of 1954 and section 78 of the act of 1994 in the same manner as it was done in the case of road transport, and it was revealed that by ..... it is averred that even under the provisions of indian railways act, it is the responsibility of the carrier to ensure that the tax of state is duly paid by ..... as per the provisions of the indian railways act, 1989, the railway administration is under obligation to make arrangements for receiving and forwarding traffic/goods without any ..... advocate-general for the state of rajasthan made a statement that if there are any suggestion from the railway administration for giving effect to section 78 of the act of 1994, the same shall be considered in the right perspective by the state. .....

Rajasthan State Mines and Minerals Ltd. Vs. Union of India (Uoi) and o ...

Court : Rajasthan

Reported in : RLW2009(1)Raj46

..... as vires of the rules is concerned, the learned counsel for the respondents urged that since similar rules in the form of rule 161a framed under the erstwhile railways act, 1890 has already been upheld by the apex court in which almost all the contentions raised by the petitioner in the present case have been dealt with and ..... petition enter into the controversy based on disputed questions of fact regarding over-loading, as the imposition of penalty is closely connected with over-loading, which is made penal for which who is responsible, either the railway staff or the petitioners can hardly be said to be a dispute to be determined in writ petition.it is well settled that if the restrictions are imposed in such a manner, which do not impose total ban ..... the aforesaid rules of 1990 or 2004 prevailing during the relevant time which rules have been amended and substituted almost every year and rules of 2005, 2006 and 2007 have come into force later on, all such rules having been framed in accordance with section 73 and under the powers conferred on the central government under ..... rate cannot be challenged before us and the appropriate forum therefor is the railway rates tribunal. ..... be only appropriate that the petitioner company is relegated to the alternative remedy by filing its complaint before the railway rates tribunal ..... restriction on the movement and was, therefore, not violative of article 19(1)(g) of the constitution of india and the remedy under writ jurisdiction was not appropriate remedy. .....

Ramanand Vs. Divisional Mechanical Engineer, Northern Railway and anr.

Court : Rajasthan

Reported in : AIR1962Raj265

..... our attention has been invited in this connection to appendix b to sanjiwa row's indian railways act volume 2 (third edition) at page 1094 and the following pages: the heading is 'procedure' for conducting enquiries under the ..... (a) lays down that this supersedes all previous instructions on the subject; and clause (b) further lays down that these are supplementary instructions to those given in rule 1707 and rule 1730 of the railway establishment code, and what follows further is important, and is this:- 'when a competent authority orders an enquiry or when an enquiry is obligatory under the disciplinary action rules the following procedure must be ..... , we may point out thatthis compilation is a hand-book which seeks topresent in a concise and consolidated form the discipline and appeal rules relating to non-gazettedrailway servants on the northern railway with aview to ensure that rules on the subject are correctly understood and applied whenever it becomes necessary to take disciplinary action againstits staff. ..... were stated in the present case by the inquiry officer at the appropriate time, but he chose to record them in his final report ..... ' there is, therefore, no question that, in an appropriate case, a power has been vested in the inquiry officer to refuse to summon any witness where such witness may not be material to the defence or where the object is merely to protract the proceedings or to ..... (2) here enter the appropriate charge or charges (word for word) as enumerated in .....

Shiv Kumar @ Pappu and ors. Vs. State of Rajasthan

Court : Rajasthan

..... 2000/- - in default four months rigorous imprisonment, (ii) section 147 ipc - two years rigorous imprisonment, (iii) section 145 railways act - two months simple imprisonment and fine rs. ..... 500/- - in default 15 days simple imprisonment, (iii) section 145 railways act - two months simple imprisonment and fine rs. ..... 500/- in default one month's simple imprisonment; (c) section 145 railways act - two months simple imprisonment with fine rs. ..... 500/-, in default one month's simple imprisonment; (b) section 148 ipc - three years rigorous imprisonment; (c) section 145 railways act - two months simple imprisonment with fine rs. ..... subjected to medical examination conducted by pw 7 who all were found to be intoxicated - report ex.p16, (ix) on information and per disclosure recorded as ex.p29 and at the instance of shiv kumar, pw 12 on march 7th recovered-from a depleted water hut near railway loco shed a knife of about 24 cm having 13.5 cm sharp fulcrum cm and also a blue shirt having some blood like stains preparing memo ex.p21. ..... satiya, balia, purshottam and omprakash are guilty of offences under sections 147, 323 read with section 149 ipc and also section 145 railways act. ..... appellants other than shiv kumar (satiya @ satyanarain, balia, purshottam lal & omprakash @ kalu) are held guilty of offences punishable under sections 147, 323 read with section 149 ipc and also section 145 railways act.35. ..... 10,000/- shall be just and appropriate. ..... state of maharashtra : 2006 (4) scc 653, (ii) : 2009 crl. l.j .....