Judgment Search Results Home > Cases Phrase: appropriation railways no 3 act 2005 Court: delhi Page 11 of about 833 results (0.034 seconds)

Anilma Association and ors. Vs. Union of India and ors.

Court : Delhi

Reported in : 1999VIAD(Delhi)93; 82(1999)DLT254; 1999(51)DRJ350

..... the representation made by you under your letter quoted above and oral hearing held on 17.3.1999 have been carefully considered and the ministry of railway (railway board), new delhi have decided to ban business dealing with you with immediate effect for a period of 2(two) years or clearance of dues by m/s. ..... for purposes of banning order the allegations against the petitioner are filing of false certificates with the railways in order to obtain payment for excise duty allegedly having been paid to the excise authorities while the petitioner did not pay the same or paid it short. ..... admittedly the petitioner appeared for a personal hearing before the appropriate officer along with his counsel in relation to the show cause notice. ..... there was also an allegation against the petitioner that some of the supplies made to the railways were by using parallel excise gate passes/invoices with the intention of evading excise duty. 7. ..... further it is to be noted in this behalf that the petitioner continued making false representations to the railways inasmuch as it was stated in the reply to the show cause notice that the cegat had stayed the operation of the adjudication order. ..... the cause of action for these proceedings had arisen on the basis of the provision of the central excise act and the rules framed thereunder. ..... the item manufactured by the petitioner is subjected to payment of excise duty under the central excise act. .....

Akhil Bhartiya Railway Mal Godam Mazdoor Kalyan Sa Vs. Union of India ...

Court : Delhi

..... air cargo workers union (2009) 13 scc374where it has been held that after the coming into operation of the contract labour (regulation & abolition) act, 1970 the authority to abolish contract labour is vested exclusively in the appropriate government which has to take its decision in the matter in accordance with provisions of section 10 thereof and no court including industrial adjudicator has adjudication ..... the control of the station master / station manager; per contra the loading / unloading of freight / goods is required to be done by the consignor / consignee themselves and through labour of their own choice and the respondent railways have no role to play therein, which is in the exclusive domain of the consignor / consignee; (b) that the goods rakes are loaded / unloaded in the goods sheds or wherever they are placed; (c) loading / unloading ..... and trucks etc, stacking the food grain bags after unloading from trucks in the godown, de-stacking the food grain bags and loading into trucks for dispatch, transportation of food grains from railway good sheds / siding to fci godowns and vice-versa and for bagging, weighment, standardization, cleaning etc; (ii) that these contractors are appointed through open tender enquiry on the basis of ..... ghemarbhai harjibhai rabari (2005) 10 scc792has held that the burden of proof that a claimant was in the employment of a management, primarily lies on the workman who claims to be a workman, though the degree of proof so required would vary .....

Khan Paan Vendors Welfare Association (Regd) & Ors vs.union of India a ...

Court : Delhi

..... 7110/2016 dated 11.8.2016 that the concerned functionary passed the following order:-" it is noted that train side vending (tsv) was allowed by the railway administration under specific scheme to the static catering licensees for serving passengers as per need/requirement of passengers. ..... courts do not and cannot act as appellate authorities examining suitability and appropriateness of a policy nor are courts advisors to the executive on matters of policy which the executive is entitled to formulate ..... the said functionary disposed of the representation on 20.9.2016 noting that earlier train side vending was allowed by the railway administration under specific scheme to the static catering licensees for serving passengers. ..... this writ petition is filed seeking a writ/direction to the respondents to issue free railway passes to the vendors of the petitioner licensee for the purpose of train side vending. ..... hence, the present petition seeking a direction for issue of railway passes to the vendor for train side vending.7. ..... 7110/2016 for directions for issue of free railway passes to the petitioners for train side vending. ..... it is the case of the petitioners that petitioners no.2 to 6 are running their vending business at railway stations for more than 40 years. ..... petition was disposed of on 11.8.2016 with a direction that the writ petition be treated as a representation by the respondent to be disposed of by the chief commercial manager(catering) northern railways, new delhi by a reasoned order.4. .....

Ram Saran Das Raja Ram and anr. Vs. Lala Ram Chander

Court : Delhi

Reported in : AIR1968Delhi233

..... mooke devassy ouseph and sons, : air1959ap30 , also lays down that where the seller delivers his goods to be railway company, obtains the railway receipt in respect of the goods in his own name, endorses the railway receipt in favor of the bank and delivers a hundi with a direction that the railway receipt should be delivered to the buyer only when the hundi is honoured and the price of the goods is ..... gulab singh lalyan singh, air 1927 lah 269, given prior to the enactment of the act, has approved the view that where the goods are sent through railway, the railway receipt being addressed to self to be delivered though a bank to the purchaser only on the receipt of the price for the goods, the property in the goods does nto pass ..... own sales agent for reselling the goods without reference to the defendant-appellants and the goods were actually so sold; (v) the goods were neither ascertained nor appropriated; and (vi) the plaintiff had reserved the right of disposal till payment was made by the defendant-appellants. ..... ntoicing the toher cases cited on behalf of the appellants, reference may appropriately be made to a bench decision of the punjab high court in ..... settled law in these words:- ' in the case of contract for sale of unascertained goods the property does nto pass to the purchaser unless there is unconditional appropriation of the goods in a deliverable state to the contract. ..... of the goods by the vendor to the common carrier is an appropriation sufficient to pass the property. .....

Satish Chandra Vs. Union of India

Court : Delhi

Reported in : 1997CriLJ1210; 1996(38)DRJ219

..... this argument is belied from the reading of provisions of section 186 of the railway act which stipulates that :- 'nosuit, prosecution or other legal proceedings shall lie against the central government, any railway administration, a railway servant or any other person for anything which is in good faith done or intended to be done in pursuance of this act or any rules or orders made thereunder'. ..... were commit led which resulted in damage to the material lying there that by itself is no ground to ignore the requirement of law as stipulated under section 197 of the code and the provisions of section 186 of the railway act which expressly bar prosecution of a railway servant without the sanction of the competent authority. ..... secondly, under section 186 of the indian railway act,1989, no prosecution or other legal proceedings could be initiated against a railway servant for anything done by him in good faith or intended to be done pursuance to the said act or any rules or order made thereunder ..... the same was dismissed with the observation that respondent railway administration may consider the feasibility of granting the petitioners any appropriate stall where there were vacancies and to absorb as many of them as possible taking into consideration their experience and other relevant factors ..... (10) turning to the last limb of mr.anil soni's arguments that the petition as such is not maintainable and the appropriate remedy for the petitioner is to approach the same metropolitan magistrate. .....

Lakshmi Chand Textiles Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : AIR2005Delhi2; 113(2004)DLT714; 2004(76)DRJ608

..... delhi under invoice dated 8.11.1974; that the plaintiff sought booking of the said goods under 'quick transit service' system and was booked at the railway risk rate; that on 14.11.1974, the plaintiff sent their representatives to the new delhi railway station for taking delivery of the said goods; that it was found that the entire suit consignment was fully burnt and was in badly damaged ..... submitted that the learned additional district judge erred in law and also on facts in awarding compensation/damages on the basis of the assessment made by the railways, which is much less than the opinion given by the two surveyors appointed by the respondent/defendant themselves and, thereforee, the damages awarded are required to ..... and remove the sound goods leaving the burnt and damaged goods for assessment by them; that on 19.11.1974 the plaintiff took delivery of the railway receipt on payment of the railway charges; that the plaintiff requested the defendants to grant open delivery of the partly damaged three bales on assessment of the damages as the remaining 9 bales had been completely burnt ..... under the provisions of the indian railways act, the claimant would and could have resorted to a suit for ..... in this connection, we may appropriately derive support from a division bench decision of the madhya pradesh high court in the case ..... thereforee, the court, in an appropriate case, may also deny to pay any interest but while doing so the discretion is to be exercised judicially in the light .....

Gopal Singh Vs. Indian Railway Const. Company Ltd.(ircon)

Court : Delhi

Reported in : (2000)IILLJ845Del

..... completion of the project, dated 23.4.1998, issued by the pwd, haryana, is filed as annexures r-3 and the same is as under:- 'in accordance with the contract agreement between the governor of haryana (the employer) acting through chief engineer, national highways and m/s.indian railway construction company, palika bhawan, new delhi (the contractor) as per page 191, 243, 1215 and 1269 of contract; this is to certify that the following lengths of road pavement as noted below have ..... question a fur- ther question would arise whether impugned notices of march, 1998 were in fact and in law closure notices as per section 25-o read with section 25-fff of the act or whether they still remain retrenchment notices and hence would be vocative of section 25-n of the act; iii) even if it is held that the anpara rihand nagar project is in fact closed down whether the 25 appellants were employed in the project or they were employees of the respondent ..... 629/98 have prayed for the following reliefs:- 'in the premises aforesaid, it is most humbly and respectfully prayed that this hon'ble court may be pleased to issue:- (a) a writ of certiorari or any other appropriate writ, order or direction in the nature of certiorari, calling for the records of the case. ..... you should take an oath of allegiance to the constitution of india in the appropriate form. 5. ..... appropriate orders may be passed by the high court in the remand- ed writ petitions accordingly. .....

Union of India (Uoi) and anr. Vs. Seil Ltd. (Unit Mawana Sugar Works) ...

Court : Delhi

Reported in : 127(2006)DLT611; 2006(86)DRJ456

..... of the factual allegations of short supply and/or supply of defective sugar to the fci at the destination, we are of the opinion that the learned single judge has rightly held in this connection that it is appropriate that the petitioner may file a civil suit as there were disputed questions of fact as to whether the levy sugar supplied was in short supply and/or in wet/damaged condition.33. ..... counsel for the writ petitioner submitted that as regards levy sugar supplied to the fci, the sugar mill had loaded the correct quantity and quality of sugar in the railway wagons in the presence of the quality inspector of the fci and had thereafter obtained clear railway receipts from the railways certifying the exact quantity loaded. ..... the petitioner may at best has been able to show that so far as supply to f.c.i is concerned law is in his favor in view of the various provisions in the sale of goods act and as indicated by the supreme court in marwar tent factory's case (supra).39. ..... b in the year 1991, but he does not pay it then and instead offers to pay it only in the year 2005, the result is that he has pocketed rs ..... 331-332/2005 331-332/2005 ) would have required the petitioner to submit claims for reimbursement of differential ex-factory price in respect of levy sugar supplied to the non-fci parties directly to the fci instead of to ..... 331-32/2005.42.a perusal of the said letter shows that the central government not only scrutinized the bills sent to the non-fci parties, but also verified .....

Mohan Lal Vs. Union of India

Court : Delhi

..... as per the provisions of section 123(c) read with section 124- a of the railways act, 1989, no doubt the liability of the railways is a strict liability, but it is equally well settled that once a person gets injured on account of his own criminal negligence or the case is a case of self-inflicted injuries, no compensation can be ..... i may note that strict rules of evidence and cpc do not apply to the railway claims tribunal, and therefore, i disagree with the arguments urged on behalf of the appellant that the statement of ..... this first appeal is filed under section 23 of the railway claims tribunal act, 1987 impugning the judgment of the tribunal dated 24.1.2014 which has dismissed the claim petition filed by the appellant who was injured in an untoward incident on 26.2. ..... statement made to the appropriate authorities, at the time of happening of the untoward incident can be used as a document as per facts of each case in cases before the railway claims tribunal. ..... in the facts of this case on preponderance of probabilities the railway claims tribunal has rightly believed the statement of the independent/neutral ..... agree with the aforesaid observations and conclusions of the railway claims tribunal because there is no reason why statement of an independent witness and who is an employee of the railway police force, should be disbelieved. ..... kalka to delhi and he fell down accidently from the running train near the sarai rohilla/ delhi railway station due to sudden jerk in the train. .....

Mrs. Angoori Devi, Haryana Vs. Union of India Through the General Mana ...

Court : Central Administrative Tribunal Principal Bench New Delhi

..... , no action taken on the chairman, hqhcs order dated 25.10.2004 as well as no timely concrete action for vacation prior to retirement of the applicant, we feel it would be appropriate to give a quietus to this case by directing the respondents to charge from the applicant normal rent for the period of occupation upto his retirement on 31.05.2008 normal rent for the first four ..... , we allow this oa and quash and set aside the decision of the respondents conveyed vide their letters dated 12.08.2009 and 12.08.2011 to recover the amount of rs.2,22,927/- towards penal/damage rent in respect of railway quarter no.t-71, railway colony, rohtak for a period from 01.04.1990 to 01.07.1998 from the dcrg and/or from any of the terminal benefits payable to the applicant. ..... also noticed that if there is any dispute regarding recovery of damages or rent from the ex-railway employee, under rule 16 of the railway service (pension) rules, 1993, shall be subject to adjudication by the concerned estate officer appointed under the public premises (eviction of unauthorized occupants) act, 1971 (40 of 1971). ..... had wanted to recover penal rent as per rules, they could have taken action in the matter in 2005 itself along with stronger action to evict him from the quarter at that point of time. 11. ..... the accepted facts, it is very clear that the applicant has been on continuous occupation of the railway quarter (t-71) from the date of her husbands death (07.02.1989) up to 31.05.2005. ..... : air 2005 supreme court .....