Judgment Search Results Home > Cases Phrase: appropriation railways no 2 act 2006 section 3 appropriation Court: delhi Page 1 of about 782 results (0.090 seconds)

Nipun Malhotra vs.government of Nct of Delhi & Ors.

Court : Delhi

..... section 41(1)(a) enjoins upon the appropriate government to ensure facilities at bus stops, railway stations and airport conforming to accessibility standards relating to parking spaces, toilets, ticketing counters and taking ..... may extract the relevant portion of gsr895e) dated 20th september, 2016 which reads as follows : xxx xxx xxx now, therefore, in exercise of the powers conferred by sub-section (1) of section 110 of the motor vehicles act, 1988 (59 of 1988), the central government hereby makes the following rules further to amend the central motor vehicles rules, 1989, namely:-"w.p. ..... it is astonishing that despite the mandate of the united nations convention for rights of the persons with disabilities, 2006; and the binding provisions of the rights of persons with disabilities act, 2016, the dtc can actually seek to avoid its responsibility placing reliance upon the code of practice for bus body design and approval by the automotive standards committee, as contained in ais:052 (revision 1), ..... of seminal importance inasmuch as it raises issues of complete exclusion of persons with physical disabilities on account of the barriers posed by the existing public transport system despite international instrument including the convention of the rights of the disabled of 2006; beijing declaration of 1992; the statutory recognition of the rights of the disabled upon enactment of the rights of persons with disabilities act, 2016 as well as the repeated pronouncements on the subject.76. .....

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

Court : Delhi

..... proceeded on the assumption that it amounts to interest on interest 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 interest, then cost ..... the 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 calculation sheet forwarded to jnl at the time of making the remittance. ..... thus, the only issue to be addressed is whether the amount paid by the railways was to be appropriated in the manner as indicated by them in their calculation sheet annexed with their remittance note dated 18.06.2010. 20. ..... jnl, on the other hand, claims that the amounts paid by the railways are to be first appropriated towards interest and the balance towards the awarded amount. 3. ..... the railways appealed against the aforesaid order before a division bench of this court (in fao(os) nos.578, 579 of 2006) which was also rejected by an order dated 06.08.2007. .....

Rail Land Development Authority vs.parsvnath Developers Limited and An ...

Court : Delhi

..... rail land development authority (rlda), was constituted by the central government under section 4a of the railway act, 1989 on 31.10.2006 and bought into existence from 01.11.2006 with the purpose to undertake the development of vacant land of railways for commercial use on behalf of the railway ministry to generate revenue through non-tariff measures and optimize the utilization of ..... placed strong reliance on conditions under articles iv, vii and ix of the agreement, we deem it appropriate to reproduce the same to lend clarity to the rival submissions made by the learned counsel appearing ..... performance bank guarantee deposited by the developer with rlda as provided in article xviii and in addition, forfeit an amount equivalent to 15% (fifteen percent) of the lease premium paid towards first installment and appropriate the proceeds thereof as damages in accordance with the provisions of article xxiii. ..... this is an appeal filed by the appellant under section 37(1)(c) of the arbitration and conciliation act, 1996 (hereafter the act ) read with section 13(1) of the commercial courts/commercial division and commercial appellate division of high courts act, 2015 against the fao (os)(comm)136/2018 page 1 of 28 order dated 03.04.2018 passed by the learned single judge by which the objections to the arbitral award ..... called for a pre-bid meeting, where several queries raised by prospective bidders and were responded to with appropriate alterations being made in the request for proposal (rfp).5. .....

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

Court : Delhi

..... that it amounts to interest on interest 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 interest, then ..... of the railways that section 59 of the contract act is applicable to part payments made towards a decree and, therefore, jnl would be obliged to apply the payments made by the railways towards the specified heads has rightly been held to be without merit for the reason in the decision of the supreme court in industrial credit and development syndicate s case (supra) the supreme court held:- .....we are of the opinion that sections 59 and 60, contract act, would be ..... .cost of 63219 insert @ rs.3.58 (6.80-3.22+3.58); payment @ rs.3.22 has already been done by central railway for total rs.6,24,119/- vide cheques dated 18.06.2010rs.2,26,324.022.interest for 868 days @ ..... single judge the railways relied upon the decision reported as 2006 (8) scc 457 gurpreeet ..... there were certain controversies regarding the above calculation of loss; the railways asserted that jnl had, admittedly, supplied 5,85,000 inserts and not 4,90,000 inserts and, therefore, the loss as awarded was to be computed only in respect of 63,219 and not 98,219 .....

Central Provident Fund Vs. Central Provident Fund

Court : Delhi

..... as far as the objection of the petitioner employer to the jurisdiction of the industrial adjudicator for the reason of being a government department is concerned, the id act while defining the "appropriate government" in section 2(a) thereof itself defines that the appropriate government in w.p. ..... darbari lal 170(2010) dlt 608 and general manager, northern railways v. ..... (c) no.940/2006 page 6 of 11 relation to an industrial dispute concerning the central board of trustees and the state board of trustees constituted under sections 5a and 5b of the epf act is the central government ..... (c) no.940/2006 page 9 of 11 the same educational qualification as those with the same designation in the central ..... (c) no.940/2006 page 7 of 11 reference with benefit may be made to the judgment of the division bench of the bombay high court in shri yamuna mills ..... th september, 2006 and it is contended that these are matters of policy and the court cannot grant a higher scale from a retrospective date; ..... (c) no.940/2006 page 2 of 11 provident fund commissioner, assistant provident fund commissioner and other officers and employees of the central board shall be such as may be specified by the central board in accordance with the rules and orders applicable to ..... (c) no.940/2006 page 1 of 11 and holding the action of the petitioner employer to be neither legal nor justified and holding the workmen members of the respondent union to be entitled to equal salary which is paid to the officials of the same designation in .....

Shri Sandeep Silas vs.cbi & Ors.

Court : Delhi

..... experts drawn from the civil services, public sector undertakings and banks shall examine the cbi's recommendation and the tentative view of the concerned ministry/department in greater detail and cvc would render appropriate advice to the competent authority based on the findings of the expert committee, within a fortnight; (iv) if the cvc on reconsideration advices for grant of sanction, the concerned ministry/department will issue the requisite orders immediately ..... in the facts of the present case, the petitioners being in the employment of the ministry of railways, the sanction for their prosecution was duly issued by the minister of railways on behalf of the president of india, in terms of section 19(1)(a) of the pc act and, therefore, there was no irregularity whatsoever in the passing of the impugned sanction order. ..... as one of the main grounds on which the sanction order has been challenged is that it is contrary to the advice of the cvc, which as per the petitioners submissions was binding on the sanctioning authority, it would be appropriate to refer to the recent decision of the supreme court in alok kumar verma (supra), wherein the history of the constitution of the cvc has been summarized:-" 18. ..... the matter is remanded back to the sanctioning authority to reconsider the same after making an appropriate reference to the dopt in accordance with the oms dated 15/17.10.1986, 06.11.2006 and 20.12.2006. .....

Malti Devi W/O Late Sh. Muneshwar Vs. Union of India (Uoi) Through the

Court : Central Administrative Tribunal CAT Delhi

..... in the totality of the circumstances, therefore, we direct that the divisional railway manager, drm office, northern railway, should take up the issues, agitated in these oas as coming within his jurisdiction, so as to ensure that there is a an atmosphere, whereby the applicant is appropriately accommodated/rehabilitated. ..... although paragraph 2602 of the manual stipulates the case of disciplinary action, transfers and such other matters pertaining to individual railway servants, which do not involve any general principles are not to be discussed in the meetings of the staff council, taking note of the problems faced by the administration as also the applicants, we think, they could also ..... the industrial disputes act prescribes for formulation of works committees, consisting of management representatives and the workmen for resolution of disputes and grievances under section 3 of the act.they could have sprung to action in case it was found necessary ..... the relief prayed for in the application (o.a.1844/2006) is to direct the respondents to place the relevant records for perusal of the tribunal and to quash annexure a-2 order dated 23.12.2003 whereby her absence from 11.8.1999 to 16.11.2003 was to be treated as leave without pay ..... in respect of the punishment orders referred to in oa 2324/2006, in view of the lapse of time, no interference is being made.10 ..... in the second application (o.a.2324/2006), it could be found that the relief prayed for is for a direction to release her salary .....

Outdoors Communication Vs. Pwd and Municipal Corporation of Delhi

Court : Delhi

Reported in : 2007(2)CTLJ179(Del)

..... curb cuts and slopes to be made in pavements for the easy access of wheel chair users;(c) engraving on the surface of the zebra crossing for the blind or for persons with low vision;(d) engraving on the edges of railway platforms for the blind or for persons with low vision;(e) devising appropriate symbols of disability;(f) warning signals at appropriate places.therefore, installation of unpeels on pavements would be in the teeth of the mandate of section 45 of this statute as well.106. ..... it has also urged that mcd alone has the jurisdiction over all public streets under section 298 of the delhi municipal corporation act and that it is the sole authority to allow display of advertisements at any place in delhi and that the defendant ..... the pwd has also placed before this court the notice inviting tenders issued by the municipal corporation of delhi dated 27th january, 2006 from advertisers registered with it for display of advertisements through kiosks on street light poles existing on all mcd roads including pwd maintained roads in respect of all the 12 municipal zones from the date of ..... from indiscriminately constructing and using his property, which restrictions are cast in public interest and require even a sacrifice by a property owner in public interest, similarly, prohibition such as those contained in the motor vehicles act or under any traffic regulations are incorporated as preventive and regulatory mechanism.thus, you are required to drive at a speed limit of 55 km. .....

Bharat Tewari Vs. Union of India

Court : Delhi

..... it was further contended by the appellant that section 19 of the arbitration and conciliation act provide for determination of rules/procedure and liberty is given to the parties to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings and also entitle the tribunal to conduct the proceedings in the manner it considers appropriate, if the parties fail to agree to the same but in the present case no such opportunity was given to the parties by the learned arbitral tribunal ..... before the trial court, the appellant had submitted that he had filed his claim statement dated 3.3.2006 before the arbitrator which was replied by the respondent/northern railway and then rejoinder dated 13.4.2006 was filed by the appellant before the arbitrator and thereafter no date of hearing was fixed. ..... first hearing was held on 24.3.2006 and on the said date the representative of northern railway filed reply and copy of same was supplied to the claimant and the claimant asked for 15 days to go through the reply of the northern railway and accordingly second hearing was held on 13.4.2006 and on which date counter was filed by the claimant and copy of same was supplied to the representative of the railway and on that day a copy of joint survey report was .....

Lal Mahal Limited Vs.1. Abdul Ghaffar 2. Abdul Ghaffar Abdul Rehman

Court : Delhi

..... ; (xiv) the plaintiff filed its statement of claim before the arbitrator including the claims arising under the four contracts aforesaid and for payment by the defendants of the demurrage charges claimed by the railways relating to the said stock of sugar; (xv) the defendants chose not to participate in the arbitration and the arbitrator proceeded with the arbitration and on 20th june, 2005 passed an award in favour ..... dated 18th january, 2002, resulting in the consignment of sugar qua which stay was obtained in omp no.300/2001 being not released to the plaintiff and resulting in auctioning of the same by the railways under court orders and the auction money of rs.1.93 crores thereof continuing to lie with the registry of this court; (xiii) in november, both the defendants and the plaintiff invoked the arbitration clause ..... having no binding arbitration agreement; (xvii) the high court of singapore by order dated 31st july, 2006 set aside the award with liberty to the parties to apply; (xviii) the plaintiff took steps for appointment of arbitrator before the supreme court of india by applying under section 11(6) of the arbitration act; however the said application was dismissed; (xix) the plaintiff thereafter revived its claim before the named ..... as far as the claim of railways for demurrage charges was concerned, the same was disposed of observing that the same had to be adjudicated before an appropriate forum and granting liberty to the railways to seek adjudication of its claim .....