Judgment Search Results Home > Cases Phrase: appropriation railways act 2006 Page 6 of about 161,834 results (0.150 seconds)

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. .....

Kumari Jethi T. Sipahimalani Vs. the Maharashtra State Co-operative Tr ...

Court : Mumbai

Reported in : (1974)76BOMLR179; 1974MhLJ550

..... its business, to payment of honoraria and towards any other purpose which may be specified in the rule or by-laws:provided that no part of the profits shall be appropriated except with the approval of the annual general meeting and in conformity with the act rules and by-laws.the auditor and the joint registrar objected to the payment of honoraria further on the ground that there is no provision in the bye-laws of ..... honoraria was paid as part of construction costs with the sanction of the general body, which was the supreme organ of the society under section 72 of the maharashtra co-operative societies act, subject to the provisions of the act, the rules and the bye-laws of the society (which did not prohibit the payment of honorarium in deserving cases), the inquiry tinder section 88 was without any legal basis ..... he contended that the powers of the general body under section 72 were subject to the provisions of the act and that the general body could not in view of section 64, if it applies, appropriate any part of the fund or profits unless there were profits and it could not also pay honorarium unless it was so specified ..... by observing as follows:as per the provisions under section 65(p) of the maharashtra co-operative societies act, 1960, the society may appropriate its profits to payment of honorarium when specified in the bye-laws'. ..... to be specified under section 65(2) in the rules and bye-laws is appropriation of net profits 'towards any other purpose,' which is the last part .....

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. .....

M/s. Jayaswals Neco Ltd. Vs. Union of India and Another

Court : Delhi

..... central controversy relates to the manner in which payments already made by the railways are to be adjusted; the railways claim that the amounts paid by it are to be appropriated partly towards the award of claim no.1 - which the railways terms as the principal amount- and partly towards interest in terms of the ..... patel and ors: (1999) 3 scc 80, the supreme court had observed as under:- in view of what has been noticed hereinabove, we hold that the general rule of appropriation of payments towards a decretal amount is that such an amount is to be adjusted firstly strictly in accordance with the directions contained in the decree and in the absence of such ..... which is prohibited under section 3(3)(c) of interest act, 1978 (for short, 'the interest act').this is not so, as in the facts and circumstances of the present case, the decree passed by the trial court or the appellate court does not contain the mode of appropriation and in the absence of any such direction, the decree-holder is entitled to appropriate the amount deposited by the judgment debtor first towards ..... railways appealed against the aforesaid order before a division bench of this court (in fao(os) nos.578, 579 of 2006 ..... in gurpreet singh v.union of india: (2006) 8 scc 457 and on the strength of the said judgment contended that if a judgment debtor while making a deposit indicates that the same is towards a specified debt, it is not open for the judgment debtor to appropriate the amount deposited towards any other head. .....

P. Karunakaran Vs. Chief Commercial Superintendent, Southern Railway a ...

Court : Kerala

Reported in : (1989)ILLJ8Ker

..... appropriate order to make in the present case is to direct the central government to take appropriate action under section 10 of the contract labour (abolition and regulation) act in the matter of prohibiting the employment of contract labour in the work of cleaning catering establishments and pantry cars in the southern railway ..... that certain directions were issued by the supreme court calling upon the central government to take appropriate action under section 10 of the act, in the matter of prohibiting the employment of contract labour in the work of cleaning catering establishments or pantry cars in the southern railway. ..... section 10 of the said act, on which reliance was placed by the appellant, deals with the provision of employment of contract labour, if the condition; prescribed in the said provision are satisfies the appropriate government in consultation with the central board or, as the case may be, a state board may prohibit by notification in the official gazette employment of contract labour in any process, operation or ..... , it follows that the contract labour in question has not stood abolished by issuance of appropriate notification under section 10 of the act. ..... that on the abolition of the contract labour system in respect of the particular type of establishment on the issuance of the notification under section 10 of the act those who get displaced by the issuance of such notification have a legal right for absorption of their services in the railway administration. .....

Rajasthan State Electricity Board Vs. Union of India and ors.

Court : Mumbai

Reported in : 2002ACJ992; AIR2001Bom310; 2001(3)ALLMR400; 2001(4)BomCR239; (2001)4BOMLR725; 2001(3)MhLj479

..... not required to give notice as contemplated by sub-section (3) of section 106 of the railways act, 1989, since the claim was not a claim for refund of an over-charge in respect of goods carried by railway.on the other hand, the respondents contend that this is clearly a case where the petitioners claim refund of an over-charge in respect of goods carried by railway, and, therefore, admittedly, the petitioners claim that they have been charged more than ..... responsibility of the railway administrations as carriers under chapter vii of the railways act in respect of claims for - (i) compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway;(ii) compensation payable under section 82 of the railways act or the rules made thereunder; and (b) in respect of the claims for refund of fares or part thereof or for refund of any freight paid in respect of animals or goods entrusted to a railway administration to be carried by railway. ..... in the absence of any specific limitation provided under the railways act, 1989, the provisions of the limitation act, 1963 would apply and section 17(1)(c) of the limitation act, read with residuary article 113 of its schedule, would be applicable ..... , not be appropriate for this court, in exercise of its writ jurisdiction, to give relief, which authority, in law, has been vested in the claims tribunal under section 13 of the railway claims tribunal act, 1987.17. .....

Union of India (Uoi) and ors. Vs. G. Krishna

Court : Andhra Pradesh

Reported in : 2005(2)ALD603; 2005(2)ALT637; (2005)IILLJ768AP

..... 146/- and appropriated the said amounts without remitting the said amount to the railways thereby he failed to maintain the absolute integrity and also failed to protect the interest of the railways and exhibited conduct unbecoming of a railway servant and thereby contravened rule 3(1)(i) and (iii) of the railway employees conduct rules, ..... krishna by his above acts failed in his duties to maintain absolute integrity as he failed to ensure and protect the interests of the railways and exhibited conduct unbecoming of a railway servant and thereby contravened rule 3(1)(i) and (iii) of railway employees conduct rules, ..... assessing the evidence of the witnesses, the inquiry officer ought to have taken into consideration the answers given by the witnesses in their cross-examination and the clarifications given by them, instead of acting upon the evidence given by the witnesses in their chief examination and in their previous statements. ..... decision is arrived at on no evidence or it is thoroughly unreliable or no reasonable person can act on it, the order would be perverse. ..... the tribunal itself acted as appellate authority against the order of the punishment passed by the department, which procedure is contrary to the catena of the decisions of the ..... by the learned standing counsel for the central government reported in lalit popli's case (supra) observed in para 16 thus:'while exercising jurisdiction under article 226 of the constitution the high court does not act as an appellate authority. .....

Satyabir and ors. Vs. Union of India (Uoi) Through Secretary, Ministry ...

Court : Punjab and Haryana

Reported in : 2009ACJ2093; (2008)3PLR185

..... so far as the compensation cases involving loss of life and injuries are concerned, compensation is awarded by the railway claims tribunals in accordance with the provisions of the railway act under chapter xiii-liability of railway administration for death and injury to passengers due to accidents and railway accidents (compensation) rules, 1990.the claim office makes payment of decretal amount as awarded by rct under sections 123 to 125 of railway act, 1989 in exercise of power conferred under section 27 of railway act. ..... 106 dated 30.5.2004 under section 175 of the railway act and section 304a of the indian penal code was also got registered. ..... on receipt of the aforesaid representation, the chief claims officer shall take a final and appropriate decision thereupon by passing a detailed speaking order, within a period of four months from the date of the receipt of the aforesaid representation. ..... 18549 of 2004 which was disposed of by the division bench of this court on 30.5.2006 by passing the following order:the petitioners have approached this court for seeking writ of mandamus for directing the official respondents no. ..... the said claim was declined vide order dated 12.9.2006. .....

Union of India (Railway Board) and Others Vs. J.V. Subhaiah and Others ...

Court : Supreme Court of India

Reported in : AIR1996SC2890a; 1996(1)SCALE193; [1995]Supp6SCR812

..... employees covered by the order of the madras bench may be dealt with by the railway administration appropriately but that could not form foundation to plead discrimination violating article 14 of the ..... whether the officers, employees and servants appointed by a co-operative society/stores registered under the co-operative societies act of a state or societies registration act (for short, 'the society') and organised as a welfare measure to inculcate co-operative movement, self-help and thrift among the officers and servants of railway administration, can be declared to be regularly appointed railway employees? ..... are that the respondents were appointed by the respective railway co-operative stores registered under the andhra pradesh co-operative societies act, 1964 as amended from time to time. ..... that service conditions of the employees, officers and servants of the stores/societies are not regulated by the railway administration they are governed by the bye-laws of the societies subject to control and sanction by the registrar under the state act or the relevant provisions. ..... of those facts and the rules, this court had held that the employees appointed, even in non-statutory recognised canteens registered under co-operative societies act or the recognized canteens, would be entitled to claim the status of railway servants.15. ..... officers, employees and servants of the society is regulated by the provisions of the act, rules and the bye-laws as self-contained scheme and code. .....

Salimbhai Abdulgaffar Shaikh Vs. State of Gujarat

Court : Gujarat

Reported in : (2003)3GLR1899

..... however, at the initial stage whether the petitioner accused are simply praying for bail pending trial keeping the question open it would be appropriate to observe in the light of the decisions cited and referred to hereinabove that further investigation or continuation of investigation leading to filing of more than one supplementary charge-sheet or putting fresh materials thereafter cannot be said to be impermissible or ..... of 2002 came to be registered with godhra railway police station for various offences punishable under sections 143, 147, 148, 149, 337, 338, 328, 438, 320, 307, 120b and 153a of indian penal code read with sections 141 and 150 and 152 of the indian railways act read with sections 3 and 4 of the prevention of damages of public property act and also under section 135 of the bombay police act. ..... but it would be neither be legal nor appropriate to make such observations and it should be left to the judge who has to try the accused as original court as per procedure prescribed by the code, ..... have been committed, and therefore, appropriately these provisions have been invoked and a report/application has been made for addition of relevant provisions of p.o.t. ..... of any of the above conditions is committed, the sessions judge/special court concerned will be free to issue warrant or take appropriate action in the matter.88. ..... 'we, therefore, think it appropriate to rely upon the famous oft-quoted principle relied on by lord denning in the case of seaford court estates ltd .....