Judgment Search Results Home > Cases Phrase: appropriation railways no 2 act 2006 section 3 appropriation Page 92 of about 3,957 results (0.164 seconds)

Adhilakshmi and Another Vs. Union of India, owning Southern Railway, R ...

Court : Chennai

..... immediately before that day by any civil court or a claims commissioner appointed under the provisions of the railways act (a) relating to the 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 82a of the railways act or the rules made thereunder; and (b) in respect of the claims for refund of fares or part ..... tribunal shall also exercise, on and from the date of commencement of the provisions of section 12a of the railways act, 1989 (24 of 1989), all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court in respect of claim for compensation now payable by the railway administration under section 124a of the said act or the rules made thereunder; (2) the provisions of the railways act 1989 (24 of 1989) and the rules made thereunder shall, so far as may ..... prejudice to the person against whom it is pronounced, as that litigant is unable to know the ground which weighed with the court in rejecting his claim and also causes impediments in his taking adequate and appropriate grounds before the higher court in the event of challenge to that judgment. ..... (2006) slt 345, the supreme court clarified the rationality behind providing of reasons and stated the principle as .....

Firm Kaluram Sitaram Vs. the Dominion of India

Court : Mumbai

Reported in : AIR1954Bom50; (1953)55BOMLR595; ILR1953Bom1301

..... 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 ..... it is clear that under section 72 (1), indian railways act the railway administration is put in the same position as an ordinary bailee and its liability for the carriage of goods is that of ..... railways act, 9 of 1890, and then it gives a direction in what cases this has got to be used and it states 'to be used when the sender elects to despatch an excepted article or articles specified in schedule 2 to the indian railways act 9 of 1890, whose value exceeds one hundred rupees without payment of the percentage on value authorised in section. ..... consigning these bars the plaintiff had signed a risk note in form 'x', and the question that arises for our consideration is, what is the liability of the railway administration under that risk note, and in order to determine that liability we have in the first instance to consider the effect of sections 72 and 75, indian railways act. ..... , 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. .....

Union of India (Uoi) (Through the Commissioner of Income-tax) Vs. Asia ...

Court : Delhi

Reported in : [1974]44CompCas359(Delhi); [1974]95ITR229(Delhi)

..... for the manner in which the creditors of a company have to be paid, as a compromise or arrangement between the company and its creditorsnormally would, it is doubtful if the court would have any power either under section 392 or section 394 of the act of 1956 or under the corresponding provisions of the act of 1913 to make the direction of the kind sought by the petitioner and become a forum capable of making a decree or an executable order having the force of a decree, which is what the ..... was, who spoke for the court, considered the earlier decision of the supreme court in town municipal council, athani and noticed that article 137 had been held to be inapplicable to applications made under section 33-c(2) of the industrial disputes act in that case on two grounds and while agreeing with the earlier decision in respect of the ground that the article had no application because the industrial tribunal or labour court was not a court to ..... . could such an application be ever filed under the new act if section 30 did not save it an appropriate provision to deal with such cases was apparently necessary.44 ..... although the petition was not sought to be justified with reference to the provisions of section 392 of the act of 1956 it may be appropriate to consider if the relief sought by the petitioner or the assumption of jurisdiction by the court to entertain the petition could be justified with reference to section 392 of the act of 1956. .....

Pawan Singh and ors., Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 112(2004)DLT420; 2004(75)DRJ739

..... section 45 is also significant as it saves the proceedings started under the la act before the commencement of the metro railways act by allowing those proceedings to continue and dispose of under the la act as if the metro railways act had not come ..... section 40, which is in chapter vi of the metro railways act containing 'miscellaneous provisions' gives supremacy to the provisions of the metro railways act or any rule made or any notification issued there under if there is inconsistency between the provisions of the act/rule/notification made there under and any ..... it is clear from the reading of section 2 of the metro railway act that 'building' and 'land' are separately and ..... certain provisions of the metro railways act and particularly sections 6, 7, 9, 17, 40 and 45 it is argued that the irresistible conclusion would be that the land can be acquired for the purpose of metro railways only under this act. ..... parliament, way back in the year 1978, also enacted another legislation, namely, the metro railways (construction of works) act, 1978 (hereinafter referred to as 'the metro railways act') and, this act also contains the provisions for acquisition of land required for specific purpose viz. ..... then comes the notification under section 6, which provides that when the appropriate government is satisfied after considering the report, if any, made under section 5-a that any particular land is needed for a public purpose, a declaration shall be made to that effect and published in the .....

Bharat Bhawan Nirman Sahkari Samiti Ltd., Jaipur Vs. the State of Raja ...

Court : Rajasthan

Reported in : AIR1979Raj209; 1978(11)WLN517

..... ' means -- (i) any railway service or any transport service for the carriage of passengers or goods by air; (ii) any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends; (iii) any postal, telegraph or telephone services; (iv) any industry which supplies power, light or water to the public; (v) any system of public conservancy or sanitation; (vi) any industry specified in the first schedule which the appropriate government may, if satisfied ..... that public emergency or public interest so requires, by notification in the official gazette, declare to be a public utility service for the purposes of this act, for such period as may be specified in the notification: provided that the period so specified shall not, in the first instance, exceed six ..... months but may, by a like notification, be extended from time to time, by any period not exceeding six months at any one time if in the opinion of the appropriate government public emergency or public interest requires such extension'. 7. .....

Ramagiri Gurudattagiri Gosavi and anr. Vs. Aba Alli Mulani Since Decea ...

Court : Mumbai

Reported in : 2005(1)ALLMR429; 2005(2)BomCR400; 2005(1)MhLj39

..... it is in that backdrop, respondents filed application under section 32-g of the act before the appropriate authority for fixation of purchase price of the suit land, being deemed purchasers. ..... the tribunal, by the impugned judgment and order, has accepted the stand of the respondents and has found that the petitioners were not entitled for the benefit of provisions of section 88-b of the act because it did not fulfil the requirement of the nature of trust as well as the factum that the income derived from the suit lands was appropriated for the purposes of the trust. ..... as section 88-b of the act has no application to the fact situation of the present case, to my mind, no fault can be found with the impugned decision of the tribunal, which has affirmed the purchase price determined by the appropriate authority towards purchase of the suit lands by the respondent who is a deemed purchaser on account of the mandatory provisions of the act. ..... on that reasoning, the tribunal held that the petitioners were not entitled for protection of section 88-b of the act and consequently proceeded to hold that the respondents had become deemed purchaser by virtue of deeming provision on the tillers day and therefore, proceeded to affirm the purchase price determined by the appropriate authority. ..... be that as it may, it is appropriate to first advert to the requirements under section 88-b of the act. .....

V. Mohamed MohIn Vs. Madras State Wakf Board

Court : Chennai

Reported in : AIR1968Mad243

..... a-22 to be utilised for the performance of the religious and charitable acts mentioned in it, and did not intend any portion thereof to be taken by the plaintiff and his descendants or the plaintiff's sister and her descendants, and that those persons have been referred to merely as persons who should receive the income and conduct the charities without appropriating any portion thereof for themselves. ..... whole of the income for the time being is intended for the maintenance and support of the family, children or descendants, with an ultimate express or implied reservation for the poor or other religious or charitable purposes, the section will also apply to a case where only part of the income for the time being is given for the benefit of the family, children and descendants and there is an immediate gift of the other part for ..... though the rule against perpetuities may be inapplicable in the case of the lineal descendants of the wakfs, i do not think the section was intended to give the same exemption to the descendants or members of his family, generation after generation, and yet unborn'.but the above observations more or less stand alone and the weight of authority is in favour of .....

Bhim Singh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

..... ' it was also pointed out that a similar provision exists in the australian constitution under section 81, stating that all revenues or moneys raised or received by the executive government of the commonwealth shall form one consolidated revenue fund, to be appropriated for the purposes of the commonwealth in the manner and subject to charges and liabilities imposed by this constitution. ..... as mentioned earlier, the law referred to in the constitution for sanctifying expenditure from and out of the consolidated fund of india is the appropriation act, as prescribed in article 114(3) which mandates that no money shall be withdrawn from the consolidated fund of india except under appropriation made by law based in accordance with the provisions of this article. ..... as rightly pointed out by learned amicus curiae and learned additional solicitor general, the 'law' here is the appropriation act, traceable to article 114(3) and the purpose is for the scheme and the moneys withdrawn for outlay for the scheme from out of the consolidated fund of india in the manner as provided in the constitution. ..... of the mplad scheme, in view of substantial question of interpretation of articles 275 and 282 of the constitution of india are involved, particularly, transfer of funds from the union government to the members of parliament, by reference dated 12th july, 2006 a three-judge bench headed by hon'ble the chief justice of india referred the same to a constitution bench. .....

Sudheer T. Vs. M.V. Susheela and ors.

Court : Kerala

Reported in : 2009(3)KLJ369

..... finance department has not concurred and the finance minister has agreed with the finance department may be proceeded with unless a decision to that effect has been taken by the council of ministers;(iii) no re-appropriation shall be made by any department other than the finance department except in accordance with such general delegations as the rnance department may have made;(iv) except in cases where power may have been delegated to departments ..... (v) nothing in this rule shall be construed as authorising any department, including the finance department, to make re-appropriation from one grant specified in the appropriation act to another such grant.rule 11 says that, all orders or instruments made or executed by or on behalf of the government of the state shall be expressed to be raadeorr executed-in the name-of the- ..... union of india : (1969) 3 scc 868, it was held as follows:it is true that the rules do not require that personal hearing shall be given, but, if in appropriate cases where complex and difficult questions requiring familiarity with technical problems are raised, personal hearing is given, it would conduce to better administration and more satisfactory disposal of the grievance of the citizens.the rules ..... was a case involving a decision under section 22 of the monopolies and restrictive trade practices act. ..... above decision was distinguished by the apex court in general manager, eastern railway v. ..... continued to be the manager of the school till his death on 9-6-2006. .....

M.R.F. Ltd. Vs. Manohar Parrikar and ors.

Court : Supreme Court of India

..... would be irresistible that any proposal which is likely to be converted into a decision of the state government involving expenditure or abandonment of revenue for which there is no provision made in the appropriation act or an issue which involves concession or otherwise has a financial implication on the state is required to be processed only after the concurrence of the finance department and cannot be finalized merely at the level of the minister in ..... that no department shall without the concurrence of the finance department issue any order which may involve any abandonment of revenue or involve expenditure for which no provisions have been made in the appropriation act or involve any grant of land or assignment of revenue or concession, grant, lease or licence in respect of minerals or forest rights or rights to water, power or any easement or privilege or otherwise have a ..... on 31.03.1995, the said notification was rescinded by the state government in purported exercise of power conferred on it under section 21 of the general clauses act read with sections 23 & 51a of the electricity act with effect from 01.04.1995, by issuing a notification dated 31.03.1995 strictly in accordance with the business rules and rules of authentication ..... : (2006) 4 ..... : (2006) 7 ..... neeraj avasthi : 2006 (1) scc 667, this court held that the power of the state government was confined to issuing directions to state agricultural produce market board on the question of policy ..... 2006 ..... : 2006 (3) ..... 2006 .....