Court : Mumbai
Reported in : 2008(6)ALLMR153; 2009(2)BomCR218
..... the petitioners challenge the acquisition proceedings initiated by issuance of notification under section 4 of the land acquisition act, 1894, hereinafter called as 'the said act', dated 24-1-2006 along with the declaration under section 6 dated 20-12-2006 on various grounds including the ground that the said notification and the declaration are bad in law since the acquisition is proposed by the state of goa which is not the appropriate government to acquire the land for the purpose of union of india ..... case (supra) the acquisition by the state of uttar pradesh for construction of staff quarters for enforcement of north eastern railway headquarters scheme was held to be ultra vires since the appropriate government for such acquisition was the union government and not the state government. ..... already seen above, once it is not in dispute that the acquisition is for the south western railways for the purpose of construction of railway line and cargo handling terminal at shelvona, and the entire acquisition cost would be borne by the ..... in hand, once it is not in dispute that pursuant to the proposal by the state government it was the decision of the union and its department of railways to acquire a particular land for construction of the terminal to be constructed and maintained by the respondent nos. ..... 4 relates to the benefits which may arise to the local residents out of construction of such railway line and the terminal and not to the purpose for which the land is sought to be .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All74
..... of the idol devi annapurna ji installed in the temple in dispute situate on the western side of the tank known as 'paniwali dharamshala' in the city of jhansi, instituted a suit under section 14 of the religious endowments act, 1863 (hereinafter referred to as the act) with the allegations that it was a very ancient temple in which they had made various improvements, that the defendants who claimed to be the managers of the deity did not care to do ..... they had made the repairs and reconstruction from time to time, they managed all itsaffairs, they defrayed the expenses of its maintenance and paid for consumption of electric energy, they appropriated the offerings after spending them on the i maintenance of the temple, and they did not employ any pujari. ..... draughtsman of the municipal board, also supported the other defence witnesses and deposed that the offerings were appropriated by the defendants who divided them among themselvesaccording to their fixed turns. ..... the fact as to whether the ancestors of the defendants used to appropriate the offerings made at the various temples situate at paniwali dharamshala. ..... dutiesembrace the superintendence of lands granted for the support of mosques or hindu temples and for other religious uses; the appropriation of endowments made for the maintenance of such religious establishments ... ... ... ..... 7of 1817 of the madras code for the due appropriation of rent and produce of lands granted for the support of mosques,hindu temples, colleges or other .....
Tag this Judgment!Court : Mumbai
Reported in : (1956)58BOMLR821; (1957)ILLJ490Bom
..... this is to be found in sub-section (4) of section 241 and that sub-section provides:notwithstanding anything in this section, but subject to any other provision of this act, acts of the appropriate legislature in india may regulate the conditions of service of persons serving his majesty in a civil capacity in india, and any rules made under this section shall have effect subject to the provisions of any such act: it must be borne in mind that the government of india act for the first time in the ..... (i) expressly deals with conditions of service in the case of services of the federation, and the railway service is a service of the federation, and sub-section (2) of that section provides:except as expressly provided by this act, the conditions of service of persons serving his majesty in a civil capacity in india shall, subject to the provisions of this section, be such as may be prescribed-(a) in the case of persons serving in connection with the affairs of the federation, by rules made by the governor-general or by ..... to which he is entitled during the period of suspension are regulated by the rules framed by the governor-general under section 241 of the government of india act and that the payment of wages act has no application with regard to those conditions, and it is not open to the petitioner to claim an amount as being illegally deducted by the railway authority when that deduction is legal and permissible under the rules framed by the governor-general under the government .....
Tag this Judgment!Court : Chennai
Reported in : (1970)IILLJ632Mad
..... from any point of view it is clear that the first payment of rs 4,10-03 was made only towards the claim of the plaintiff making no distinction between one portion and the other and the plaintiff has appropriated it under section 60 of the contract act towards arrears for the earlier period. ..... on 27th september, 1961 towards account of the basis that the plaintiff would be entitled to only subsistence allowances, the plaintiff objected on 20th november, 1961, the railway wrote to the plaintiff that necessary orders had been issued to the divisional superintendent, royapuram for regularising claim that the entire period and it is after this letter ex. ..... none of the cases, the, effect of payment of subsistence allowance and the admission of the existence of subsisting account on the part of the railway was considered and no point was made as to how far that would amount to acknowledgment of an unsettled account and a part payment towards account. ..... 27th september, 1961 it was a general payment and the idea of making that payment only, towards the balance of that portion of the claim which was in time, was not present in the mind of the railway at all, it is only in exhibit a 4 that this idea of some portion of the claim being barred by limitation was thought of and not earlier. ..... even after the court had declared the order as illegal and avoid and therefore never existed at all, the railway would not pay the plaintiff his full salary but only some allowance on the ground that hew is not .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC1394; 26(1960)CLT384(SC); [1959]37ITR145(SC); [1960]1SCR401; [1959]10STC493(SC)
..... even a bailment for transmission would fall under section 25 of the sale of goods act and there is only a conditional appropriation and until the condition imposed is fulfilled the goods do not pass. ..... system is designed to meet the requirements of persons who wish to pay for articles sent to them at the time of the receipt of the articles or of the bill or railway receipt relating to them and also to meet the requirements of the traders and others who wish to recover thorough the agency of the post office, the value of articles supplied by them.'9. ..... the railway receipt in favour of self could not be delivered to the buyer till the money was paid and although the goods had been handed over to a common carrier the appropriation to the contract was only conditional and the performance was completed only when the monies were paid and the railway receipts delivered. ..... the proper question that arises on the facts is : 'whether on the facts and circumstances of this case the payment received from a buyer by a banker in part a or c states against delivery of railway receipt for goods sent by the seller is payment in these states or in ratlam which was a part b state'. ..... or they were sent from there by rail and the railway receipts in favour of self were sent through a bank with the direction that the goods were to be handed over against 'payment of the enclosed demand draft.'8. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC326; 1980CriLJ98; (1980)1SCC554; [1980]2SCR16
..... under sections 420/120b, 418 and 368, indian penal code, and section 165/106 of the indian railways act against, 9 ..... sharma's case:it appears to us that, though the crpc gives to the police unfettered power to investigate all cases where they suspect that a cognizable offence has been committed, in appropriate cases an aggrieved person can always seek a remedy by invoking the power of the high court under article 226 of the constitution under which, if the high court could be convinced that the power of investigation ..... , not overlapping, and the combination of individual liberty with a due observance of law and order is only to be obtained by leaving each to exercise its own function, always, of course, subject to the right of the court to intervene in an appropriate case when moved under section 491 of the criminal procedure code to give directions in the nature of habeas corpus. ..... of tisco at patna appears to have written a personal letter to shri saran singh, the then chief secretary of the state of bihar, complaining about the harassment suffered by the officers of tisco pursuant to the investigation carried on by railway police under the supervision of respondent 6 and requesting him to take whatever steps the chief secretary considered appropriate to curb the enthusiasm of respondent 6 in carrying on the investigation of the offences. ..... vigilance, is recommended for investigation and, therefore, the chief minister was requested to pass an appropriate order directing i.g. .....
Tag this Judgment!Court : Mumbai
Reported in : (1925)27BOMLR56
..... then follow numerous other sections for carrying out the main purpose of appropriation, section 15 gives power to the owner to have the matter referred to a committee of arbitration under the act if he is not satisfied, for instance, with the rent offered him. ..... first of all, taking the act as it stands, its main provision is the general statement contained in section 5 of the liability of every house in a cantonment or part of a cantonment, to which the act applies, to appropriation in the manner and subject to the conditions mentioned in the act. ..... the right of the plaintiff, if any, to exemption from that particular liability is one which is created by the act itself in section 10, sub-clause (c), and so far as he has a right to get out of the liability, it is one which is expressly created by the statute.23. ..... ' then in section 30 we have it expressly that ' the owner...of a house in respect of which a notice has been issued under section 7 may appeal to the officer commanding the district or, if that officer is the commanding officer of the cantonment, to the general officer commanding-in-chief, the command, against the decision of the commanding officer of the cantonment to appropriate the house. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004ACJ434; AIR2002Bom436; 2002(6)BomCR391
..... shri samant the learned counsel for the appellants-railways has summarised his attack on the impugned order as under :(a) the incident of throwing of stone from outside the train hitting the passenger travelling by the train does not amount to an untoward incident as defined under section 123(c) of the railways act, 1989, and therefore, the railways are not liable to make payment of any compensation for the said incident as same is not within the four corners of the ..... :(c) 'untoward incident' means- (1)(i) the commission of a terrorist act within the meaning of sub-section (1) of section 3 of the terrorist and disruptive activities (prevention) act, 1987 (28 of 1987); or (ii) the making of a violent attack or the commission of robbery or dacoity; or (iii) the indulging in rioting, shoot-out or arson, by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other place' within the precincts of a railway station; or (2) the accidental failing of any passenger ..... the legislature has appropriately used both the verbs in the section 2 of the act. ..... it does not become payable as soon as the claim is lodged by the applicant-passenger, the claim for compensation is in the form of damages and till the damages are ascertained by the appropriate forum it cannot be said that it is an amount of compensation payable till it is determined or decided. .....
Tag this Judgment!Court : Mumbai
Reported in : (2003)105BOMLR785
..... sufficient material and by entering in the witness box to swear on oath as to when and where they had done the overtime work and whether they got the same properly certified by the concerned appropriate authority and whether they had lodged their claim vouchers and how they had followed the claim and why they kept quiet for such a long period. ..... period of limitation prescribed in these provisions and the claims cannot be rejected on the ground of delay/laches.in the case of the divisional superintendent, central railway (supra) the division bench of our high court was considering the overtime claims of the railway employees under section 33c(2) of the act, the division bench considered various circulars applicable to the concerned claims. ..... further expected that the documentary evidence in respect of some ticket checkers who were working at a particular station in the year, 1980 or 1981 should have been produced by the railways before the labour court as it was the best record available with the railways and that they should have produced it to show that the claimants or the applicants had done or not done the overtime wages which are scattered loosely in the body of ..... petitioners, the union of india, through the general manager, 'western railway, are aggrieved by the judgment and order dated 27.3.1996 in applications filed by the respondents-workmen on 21.10.1992 under section 33c(2) of the industrial disputes act, 1947 claiming overtime wages for the periods from january, 1980 to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H482; (1962)ILLJ588P& H
..... 7-11-1956 for (1) being instrumental 'inforcing the shutting down on 31st may, 1956 an air compressor in the east compressor house in the workshop of alam bagh, lucknow', and (2) having attended five meetings in the railway premises without obtaining the prior sanction of the authorities concerned.the petitioner disclaimed any liability on the first count while he denied the authority of the ..... i) the relevant portion of which reads as:'all staff may be warned that if any one of them is found organising or attending a meeting inside railway premises or at places of work, he will render himself liable to severe disciplinary action, as such action on his part will amount to misconduct arising out of ..... having failed in his attempts to get this order reviewed by the appropriate authorities niranjan singh has sought his redress from this court under articles 226 and 227 of the ..... the petitioner was unsuccessful in his appeal before the railway board and has now moved this court for issuance ..... the ban which has been placed by the railway authorities, as contended by the counsel, amounts to an absolute restriction of the right to assemble and ..... it was held that by virtue of that ownership the government acting pursuant to congressional authorization may not abridge the freedom of press and religion safe-guarded by ..... it seems to me that the general manager acted in contravention of the principles of natural justice in reaching the conclusion that the petitioner was responsible for the stoppage of .....
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