Judgment Search Results Home > Cases Phrase: appropriation railways act 2006 Court: rajasthan Page 9 of about 1,908 results (0.063 seconds)

Choteykhan Vs. Mst. Zeenat

Court : Rajasthan

Reported in : 1968WLN270

..... respondent is not proved to have been divorced, she is only entitled to receive the provident fund from the railway as nominee vide section 5(1) of the provident fund act, 1925, but is not entitled to appropriate it to the exclusion of the appellant who also, according to mohammedan law has a share in the assets ..... enjoins on the officer whose duty it is to make the payment, of the sum to the persons mentioned in clauses (a), (b), (c), (i) and (ii) and the payments so made shall be a full discharge to the government or the railway administration, as the case may be from all liability in respect of so much of the sum standing to the credit of the subscriber or depositer as is equivalent to the amount so paid vide sub-section (2) to section 4. ..... (1) notwithstanding any thing contained in any law for the time being in force or in any disposition whether testamentary or otherwise, by a subscriber to, or depositor in, a government or railway provident fund of the sum standing to his credit in the fund, or of any part thereof, where any nomination, duly made in accordance with the rules of the fund, purports ..... rules of the fund to any dependant of the subscriber or depositor, or to such person as may be authorised by law to receive payment on his behalf, shall, subject to any deduction authorised by this act and, save where the dependent is the widow or child of the subscriber or depositer, subject also to the rights of an assignee under an assignment made before the commencement of this .....

The Oil Seed Mills Karamchari Mazdoor Union Vs. the State of Rajasthan ...

Court : Rajasthan

Reported in : (1994)IIILLJ544Raj

..... supplementary rules, civil services (classification, control and appeal) rules, civil services (temporary service) rules, revised leave rules, civil service regulations, civilians in defence services (classification, control and appeal) rules or the indian railway establishment code or any other rules or regulations that may be notified in this behalf by the appropriate government in the official gazette, apply'. ..... this practice amounts to unfair labour practice and violates the provisions of the act and it also hits articles 14 and 16 of the constitution of india.3. ..... 11 of the fourth schedule of the act runs as under:'11. ..... section 9a of the act runs as under:'9. a. ..... the mills have no authority to change service conditions of the members of the petitioners' union by engaging contract labour without complying with the provisions of the industrial disputes act, 1947 (hereinafter to be called 'the act'). ..... firstly, the detitioners have an alternative remedy under section 10(2), contract labour (regulation and abolition) act, 1970. ..... the services of the members of the petitioner union are governed by the standing orders duly certified under the industrial disputes (standing orders) act, 1946. ..... wrongful discharge and termination of services are not conditions of service as contemplated under section 9-a of the act. .....

State Farms Corporation of India Limited Vs. Rajendra Taneja

Court : Rajasthan

Reported in : 1983WLN(UC)314

..... may 1, 1982 passed by the labour judge, bikaner, petitioner has raised only two points before me during the course of argument; (i) that the state government was not appropriate authority, as defined under section 2(e) read with section 14 of the industrial disputes act, 1947 to make the reference; and (ii) that the labour court was not justified in granting the relief of re-instatement and 50% salary.2. ..... of raising an objection by not raising it before the proper forum at the appropriate time, and the petitioner is estopped from raising the new questions relating to jurisdiction ..... act, 1964, or (g)(a) regional rural bank established under section 3 of the regional rural banks act, 1976, (or)(ga) the banking service commission established under section 3 of the banking service commission act, 1975 on (gb) (a banking or an insurance company, a mine, an oil field) (h) (a cantonment board,) (i) or a major port, the central government, and (ii) in relation to any other industrial dispute, the state government.he further submits that reference can be made only under section 11 of the act by the appropriate ..... further invited my attention to section 2(a) of the industrial disputes act, 1947, which reads as under:(a) 'appropriate government' means--(i) in relation to any industrial disputes concerning... ..... industry carried on by or under the authority of the central government (b) or by a railway company (or concerning any such controlled industry as may be specified in this behalf by the .....

Union of India (Uoi) Vs. Dhara Singh and anr.

Court : Rajasthan

Reported in : [2008(117)FLR719]

..... having heard rival submissions and after going through the record, it is revealed that the question of limitation has been appropriately dealt with by the learned commissioner while deciding the point and, therefore, this question which is a question of finding of fact that whether the claimant was prevented due to sufficient cause, is not a question of law as the ..... learned counsel for the appellant submits that the petition for compensation was not filed within the limitation as provided under section 10 of the workmen's compensation act as the same was filed after the delay of 2 years.learned counsel for the respondents submits that delay in filing the petition has been condoned by a separate order passed by the learned commissioner vide order ..... at the time of accident he was leaving the place of work and crossing the railway track and as such it cannot be said that the matter was out side the scope of his work.3. ..... at the time of accident, he had finished the work and headed for his village and he met within an accident while crossing the railway track. .....

State Farm Corporation of India and Anr Vs. Labour Court Sri Ganganag ...

Court : Rajasthan Jodhpur

..... did not consider the fact that the central state farm is a government of india undertaking and a reference in the matter related with central state farm can be made only by the central government being the appropriate government, and as such, the reference itself is without authority of law.6. reply has not been filed to the writ petition nor has any one appeared in the said matter on behalf of the respondent ..... ram preet & ors, s.b.civil writ petition no.3047/2000 decided on 8.1.2014, set aside the award passed by the labour court, sri ganganagar holding that when a respondent-workman was employed in government of india undertaking, the appropriate government in relation to the establishment would be the central government and any reference made by the state government in this regard would be incompetent.10 ..... section 3 of the deposit insurance and credit guarantee corporation established under section 3 of the the deposit insurance and credit guarantee corporation act, 1961 (47 of 1961), or the central warehousing corporation established under section 3 of the warehousing corporations act, 1962 (58 of 1962), or the unit trust of india established under section 3 of the unit trust of india act, 1963 (52 of 1963), or the food corporation of india established under section 3, or a board of management established for two or more contiguous ..... . or by a railway company 6 [or concerning any such controlled industry as may be specified in this behalf by the central government]. 7 [***] .....

Kantichand Sharma Vs. Municipal Corporation, Jaipur and ors.

Court : Rajasthan

Reported in : AIR1999Raj32; 1998(1)WLC554

..... attracted which provide thus:-- "where a decree for the specific performance of a contract or for an injunction has not been obeyed the court may, in lieu of or in addition to all or any of the processes aforesaid, direct that the act required to be done may be done so far as practicable by the decree holder or some other person appointed by the court, at the cost of the judgment debtor and upon the ..... such matters could not be satisfactorily adjudicated in summary proceedings under section 203 of the act 1959 and can be more properly considered in regular proceedings in the appropriate forum. ..... as under :-- (i) if bona fide claim, raises questions involving applicability and interpretation of various laws and documents as well as disputed questions of fact involving recording of evidence such claim can be more properly considered in regular proceedings in the appropriate forum and not in summary proceedings. ..... summary proceedings under section 203 of the rajasthan municipalities act 1959 (for short act 1959) ought not have been adopted by the mc. ..... , 1972 (2) scc 239 : (air 1972 sc 2205); railway board v. ..... government is a lessor it cannot enforce the right of re-entry upon for feature under the lease deed by adopting a summary procedure lessee not being an 'unauthorised occupant' of a public premises recourse to public premises (eviction of unauthorised occupants) act cannot be taken for summary eviction of lessee. .....

Bhanwar Lal Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 1990WLN(UC)95

..... are the same as those of this court under article 226 of the constitution and in the present case involving failure on the part of the conciliation officer to submit his report appropriate direction could be given by the central administrative tribunal to the conciliation officer in the same terms in which this court in exercise of its powers under article 226 of the constitution can give a ..... made by the aggrieved person, an application can be moved before the tribunal within a period of 6 months on which such an appeal was made of representation was preferred, this would show that the administrative tribunals act postulates that relief can be granted by the central administrative tribunal in respect no final orders and also in cases where no final order is made within a period of six months from the date of preferring ..... of the conciliation officer in not submitting his report as required by clause (4) of section 12 of the act and the consequent failure on the part of the appropriate government to make a reference for adjudication of the disput to the labour court. ..... informed the petitioner that since he is a member of the railway union he advised the petitioner to make effort to have a settlement ..... respondent but it is stated that the services of the petitioner were not terminated and he was asked to report for duty to the permanent way inspector, northern railway, deedwana and he did not report the duty to him and that the provisions of section 25f of the act are not applicable.3. .....

Poonam Chand by L.Rs. and ors. Vs. Laxmi Narain

Court : Rajasthan

Reported in : 1988(2)WLN351

..... the courts must possess the power to sustain proper proceeding by them in appropriate case and grant the relief in the interest of and for the express benefit of the trust imposing such conditions as may be called ..... in a suit for framing scheme for a temple, the court may, in an appropriate case, put the archaka in possession of a portion of the temple lands towards his remuneration for service to the temple but that was not a suit for framing a ..... isub surati air 1928 cal 516, a division bench of the calcutta high court stated that section 116, evidence act does not contain the whole law of estoppel and that the tenant's estoppel upholds even after the determination of the ..... 383 a single judge of the calcutta high court stated that sections 115 to 117 of the evidence act are not exhaustive and the principle of estoppel contained in these sections be applied by analogy to the parties not mentioned there in, the whole basis of the doctrine being the letting into ..... , order that a copy of this judgment be sent to the advocate general rajasthan and devasthan commissioner rajasthan immediately for appropriate action.36. ..... bombay baroda and central india railway company air 1935 pc 59 that tenant cannot dispute his lessor's title so long as he remains in possession under an agreement which he had made with ..... reference may be made to section 116 of the evidence act, which estops a tenant and a licensee from denying the title of his land-lord or as the case may be, of the person granting .....

Kantichand Sharma Vs. Municipal Corporation and ors.

Court : Rajasthan

Reported in : 1997(1)WLN631

..... attracted which provide thus:where a decree for the specific performance of a contract or for an injunction has not been obeyed the court may, in lieu of or in addition to all or any of the processes aforesaid, direct that the act required to be done may be done so far as practicable by the decree holder or some other person appointed by the court, at the cost of the judgment debtor and upon the ..... such matters could not be satisfactorily adjudicated in summary proceedings under section 203 of the act 1959 and can be more properly considered in regular proceedings in the appropriate forum. ..... be summarised as under:(i) if bonafide claim, raises questions involving applicability and interpretation of various laws and documents as well as disputed questions of fact involving recording of evidence, such claim can be more properly considered in regular proceedings in the appropriate forum and not in summary proceedings. ..... summary proceedings under section 203 of the rajasthan municipalities act, 1959 (for short act 1959) ought not have been adopted by the mc. ..... : [1973]1scr515 , railway board v. ..... (ii) where government is a lessor it cannot enforce the right of re-entry upon forfeiture under the lease deed by adopting a summary procedure lessee not being an 'unauthorised occupant' of a public premises recourse to public premises (eviction of unauthorized occupants) act cannot be taken for summary eviction of lessee. .....

United India Insurance Co. Ltd. Vs. Madho Singh and ors.

Court : Rajasthan

Reported in : 2005ACJ1653; AIR2004Raj131

..... that a licensing authority may issue a driving licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good and sufficient reason for the applicant's inability to apply to the appropriate licensing authority :provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held ..... course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment [other than a liability arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee-- (a) engaged in driving the vehicle, or(b) if it is a public service vehicle, engaged as a conductor of the vehicle or in examining tickets or the vehicle, or(c) if ..... other provisions of the motor vehicles act have also been referred by the learned counsels, and i feel that some more provisions of the motor vehicles act would be required to be referred, and therefore, i think it appropriate to also quote the following provisions of motor vehicles act at this place itself:--'section 3. ..... british railways board (1972) 2 wlr 537) lord morris said; 'there is always peril in treating the words of a speech or judgment as though they are words in a legislative enactment, and it is to be remembered .....