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 .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)ILLJ167Bom
..... by one ramnarayan, that new office-bearers of the society were elected on 31 august, 1958 and that the new committee of the society sought the assistance of the respondent, namely, the divisional superintendent of the central railway at nagpur, for getting proper accounts from the outgoing committee of the society on the allegation that the outgoing committee had not handed over cash and accounts to the newly elected committee. ..... after the objections were rejected, the petitioners have approached the high court for appropriate writs, challenging the order of suspension dated 27 march, 1958, and the chargesheets filed against them on 8 november, 1958 and 5 december, 1958, as illegal on the grounds that the respondent had no jurisdiction to take any disciplinary action against the petitioners for any act or omission of theirs as members or office-bearers of the society, that subsidiary rule 4, said to have ..... subsidiary rule 4 reads as follows : 'appropriate disciplinary action can be taken by the administration against railway servants found guilty of charges of misappropriate and other irregularities amounting to serious misconduct in the discharge of their duties in connexion with the affairs of institutions like railway co-operative societies, railway institutes, clubs and other similar bodies which are established and run by railway servants.' 16. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC1761; (1998)2UPLBEC1578
..... 'it has been held in the judgment under appeal that as prior permission of the appropriate government was not obtained, there was non-compliance of section 25n of industrial disputes act, 1947 (hereinafter referred to as the act) and, therefore, the impugned order retrenching the writ petitioners from service was illegal and consequently, the writ petitions deserved to be allowed ..... contract with the national thermal power corporation for the construction of a railway line from rihand nagar to alori colliery and mayar bridge to shaktl nagar ..... of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on : but does not include a mine subject to the operation of (the mines act, 1952 (xxxv of 1952) or a mobile unit belonging to the armed forces of the union, a railway running shed or a hotel, restaurant or eating place : explanation (1)............................................................... ..... the whole area over which the railway line is constructed cannot be held to be a factory and consequently, the provisions of chapter vb of the act cannot apply to the establishment ..... company managed execution of the project by taking persons from railway and other government undertakings on deputation but subsequently the company ..... was incorporated inthe year 1978 to carry out the business relating to railway construction by entering into contracts on turnkey basis or otherwise either individually .....
Tag this Judgment!Court : Delhi
Reported in : [2008(116)FLR676]; 2008(3)SLJ80(Delhi)
..... per cent each shall be reserved for persons suffering from - (i) blindness or low vision;(ii) hearing impairment;(iii) locomotors disability or cerebral palsy, in the posts identified for each disability: provided that the appropriate government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the ..... though the reservations will be effective only in those posts that are identified as being capable of being held by the appropriate category of the physically handicapped persons, the number of vacancies that will be reserved for the physically handicapped persons when promotions are being made to such identified posts will ..... with a rider that having regard to the type of work in any establishment, the appropriate government by way of a notification exempt any department or establishment from reserving the posts ..... we may, however, note that prior to the enactment of the disability act, the ministry of railways had taken a decision on 5.12.1995 that for the posts which are to be filled by promotion, reservations for physically handicapped persons would not be given keeping in view the special nature ..... : (2006)iillj43del clearly laid down that the disability act is a benevolent legislation and it has been repeatedly held that benevolent enactments ought to be given liberal and expansive interpretation, and not narrow or .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)1GLR158; (2003)ILLJ1066Guj
..... in the amended definition the entire definition of the 'appropriate government' as given under the industrial disputes act, 1947 is stated to be the definition of 'appropriate government' in section 2(1) of the act.thus, the industries covered under clause (i) can be categorised for the purpose of this definition as follows :-(1) industries carried on by the government(2) industries carried on under the authority of the government(3) railway company(4) controlled industries as may be specified by the central government in this behalf,(5) industries named in the ..... it is as under :-'2(a) 'appropriate government' means - (i) in relation to any industrial disputes concerning any industry carried on by or under the authority of the central government or by a railway company or concerning any such control industry as may be specified in this behalf by the central government or relation to an industrial dispute concerning a dock labour board established under section 5a of the dock workers (regulation of employment) act, 1948 (9 of 1948), or the industrial finance corporation act, 1945 (15 of 1948), or the employees' state ..... is not an industry carried on by or under the authority of the central governmentnor it is a railway company nor it is named in the list of controlled industry as may be specified in this behalf by the central government nor it is an industry named in the definition, and hence, the central government cannot be the 'appropriate government' for it under the act. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1972Mad134; (1971)2MLJ257
..... there was a running theft and as a result of such the two cases were lost and therefore they could not be delivered to the respondent.another contention based upon section 77-b of the railways act after its amendment by the central act 39 of 1961, was that camphor was one of the scheduled goods and with reference to such goods the appellants were not liable to pay any compensation unless the consignor declared the contents ..... might have been delivered to a wrong person and therefore there is non-delivery to the rightful person or the goods might have been appropriated by the railway administration to its own use under a wrong impression and therefore they are not available for delivery and consequent non-delivery results. ..... after the amendment of the railways act by the central act 39 of 1961, there is no scope for this argument.chapter vii of the indian railways act deals with the responsibility of railway administration as carriers, section 72 of the act, as it stood prior to is amendment by the central act 39 of 1961, provided for the responsibility of the railways only as that of a bailee ..... or the cause of non-delivery consequently even where a plaintiff comes before a court and claims compensation on the ground of non-delivery, since he is not likely to know the exact cause of non-delivery it may be open, in appropriate cases, to the railway administration, to put forward a defence on the basis of section 77-b of the act by proving that since the goods were lost or destroyed. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1954Bom50; (1953)55BOMLR595; ILR1953Bom1301
..... appellant is based on the fact that there is in the approved form of risk note 'x' a direction in the following words,'to be used when the sender elects to despatch an excepted article or articles specified in the second schedule to the indian railways act ix of 1890, whose value exceeds one hundred rupees without payment of the percentage on value authorised in section. ..... , no possible estoppel can arise from a void contract, and whatever the parties might have agreed to, if the contract was void, under section 72 (2) such a void contract could not possibly limit the responsibility of the railway administration tinder section 72(1), but having decided this matter on this basis the learned judges of the lahore high court proceeded to consider the construction of section 75 and they held that a single bar of silver constituted ..... desai says that the only provision under the railways act where the railway administration can call upon the consignor to pay additional freight or a percentage on the value of the consignment is where under section 75 the consignor sends an excepted article in a parcel or package, and as in this case the article was not sent in a parcel or package the railway administration had no right to require the consignor to pay any additional amount, and therefore this particular risk note ..... 72(2) are satisfied, but what is urged by the plaintiff is that the particular form is not appropriate to the transaction to which it is sought to be applied. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All567; [1961(2)FLR126]; (1961)ILLJ679All
..... pointed out that sub-section (4) of section 241, clearly provides that the rules framed under that section would be subject to acts of the appropriate legislature regulating the conditions of service of persons serving his majesty in a civil capacity in india.the payment of wages act was according to him an act of the kind and the rules of the railway establishment code were consequently to be read subject to that act. ..... are, therefore, unable to accept the contention that it was open to the appellant by approaching the authority under the payment of wages act to set at naught the decision of the heirarchy of authorities which had dealt with his case under the provisions of the railway establishment code and had come to the conclusion that a particular penalty must be imposed upon him.8. ..... counsel for the appellant submitted with reference to his first contention that the rules to be found in the indian railway establishment code had been framed under section 241 of the government of india act, 1935, and related to the conditions of service of the persons serving under the government. ..... the provisions of the payment of wages act overruled those of the railway establishment code and irrespective of what had been held by the railway authorities under the code it was open to the appellant to approach the authority under the payment of wages act for redress and it was for that authority to consider whether the deductions from the appellant's salary which were being made were justified or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC915; 1985(33)BLJR343; [1985(51)FLR71]; 1985LabIC1001; (1985)IILLJ187SC; 1985(1)SCALE713; (1985)3SCC189; [1985]3SCR686; 1985(2)SLJ108(SC); 1985(17)LC939(SC)
..... it is equally well-settled that where the government purports to give reasons which tantamount to adjudication and refuses to make a reference, the appropriate government could be said to have acted on extraneous, irrelevant grounds or grounds not germane to the determination and a writ of mandamus would lie calling upon the government to reconsider its decision. ..... of removal from service is neither malafide nor unjustified and therefore the appropriate government does not consider it necessary to refer ..... the appropriate government being the central government as per its order dated deeember 9, 1983 rejected the request for a reference under section 10 of the industrial disputes act, 1947 on the ground 'that the penalty of removal from service was imposed on the workmen on the basis of enquiry held in accordance with the procedure laid down in the railway servants (discipline and appeal) rules, 1968 and that the action of the management in imposing the penalty .....
Tag this Judgment!