Judgment Search Results Home > Cases Phrase: appropriation railways no 3 act 2005 Page 11 of about 4,129 results (0.051 seconds)

United States Vs. Kimbal

Court : US Supreme Court

..... that the enforced service of the vessel, while remaining in the possession of her master and crew, was not an "appropriation" of the claimants' property by the army of the united states within the meaning of the act july 4, 1864, but that it was an impressment of their vessel and crew's service within the meaning of the acts 3 march, 1849, and 3 march, 1863, and of the joint resolution 23 december, 1869, and that the claimants were entitled to recover ..... the jurisdiction of the court of claims to pass upon claims against the united states growing out of the destruction or appropriation of property by the army or navy engaged in the suppression of the rebellion, which jurisdiction was taken away by act of july 4, 1864, was not restored even as to steamboats by the joint resolution of 23 december, 1869, relating to the mode of settling for them when impressed into the service of the united states during the rebellion. ..... 21, 1867, [ footnote 5 ] which enacted that the provisions of the act of 1864 should "not be construed to authorize the settlement of any claim for supplies taken or furnished for the use of the armies of the united states, nor for the occupation of or injury to real estate, nor for the appropriation or destruction of or damage to personal property, by the military authorities or troops of the united states where such claim originated during the war for the suppression .....

Meek Vs. Pittenger

Court : US Supreme Court

..... . the potentially divisive political effect of aid programs like act 195, which are dependent on continuing annual appropriations and which generate increasing demands as costs and population grow, was emphasized by this court in lemon v ..... dilemma. the plurality notes that the total 1972-1973 appropriation under act 195 was $16,660,000, of which $4,670,000 was appropriated to finance the textbook ..... ibid., and, indeed, that the total act 195 appropriation was increased $900,000 to $17,560,000 for the 1973-1974 school ..... . the recurrent nature of the appropriation process guarantees annual reconsideration of act 194 and the prospect of repeated confrontation between proponents and opponents of the auxiliary services ..... . the total 1972-1973 appropriation under act 195 was $16,660,000 ..... the recurrent nature of the appropriation process guarantees annual reconsideration of act 194 and the prospect of repeated confrontation between proponents and opponents of the auxiliary services program. ..... 361 as in allen, act 195 provides that the textbooks are to be lent directly to the student, not to the nonpublic school itself, although, again as in allen, the administrative practice is to have student requests for the books filed initially with the nonpublic school and to have the school authorities prepare collective summaries of these requests which they forward to the appropriate public officials. .....

National Rayon Corporation Ltd. Etc. Vs. Commissioner of Income-tax

Court : Supreme Court of India

Reported in : AIR1997SC3487; [1997]227ITR764(SC); JT1997(7)SC372; 1997(5)SCALE415; (1997)7SCC56; [1997]Supp3SCR140

..... (2) where-(a) any amount written off or retained by way of providing for depreciation, renewals or diminution in value of assets, not being an amount written off in relation to fixed assets before the commencement of this act; or(b) any amount retained by way of providing for any known liability; is in excess of the amount which in the opinion of the directors is reasonably necessary for the purpose, the excess shall be treated for the purposes of this ..... . in such a case, the amount set aside should not be debited to revenue account but to a net revenue account or profit and loss appropriation account, as being rather in the nature of an allocation of profits than a charge against them.19 ..... . 2112 of air):but it is clear beyond doubt that if any retention or appropriation of a sum is not a provision, that is to say, if it is not designated to meet depreciation, renewals or diminution in value of assets or any known liability, the same is not necessarily a reserve ..... . 1993 tax lr 250 (delhi)(supra) that if the retention or appropriation of a sum out of profits and surpluses was for an unknown liability or for a liability which did not exist on the relevant date it must be regarded as a 'reserve', was specifically rejected by this court in vazir sultan's case : [ ..... . it was shown or became clear that the retention or appropriation of a sum out of profits and surplus was for an unknown liability or for a liability which did not exist on the relevant date, it must be regarded as a .....

Rajendra Nagar Adarsh Grah Nirman S.S.Ld Vs. State of Rajasthan and or ...

Court : Supreme Court of India

..... ministry of finance, no department shall, without the previous concurrence of the ministry of finance, issue any orders which may- (a) involve any abandonment of revenue or involve any expenditure for which no provision has been made in the appropriation act; (b) involve any grant of land or assignment of revenue or concession, grant, lease or licence of mineral or forest rights or a right to water power or any easement or privilege in respect of such concession; (c) relate to the number or grade of posts, or to the strength of a service ..... insofar as the present controversy is concerned, it was the vehement contention of the learned counsel for the appellants, that the administrative ministry relevant for the setting up of the north-western railway zonal headquarter at jaipur was the ministry of railways, whereas, the department of land resources was the concerned department to deal with the matters pertaining to acquisition of land for purposes of the union. ..... palmer, 2005 ewhc 817 ch. ..... manohar, (2005) 2 scc 126.the following observations recorded therein were highlighted, during the course of hearing:- 6. ..... , (2005) 7 scc 627.in order to expound the nature of rights vested in the appellants under article 300a of the constitution, reliance was placed on the following observations recorded therein : 6. .....

Wilson Vs. Mason

Court : US Supreme Court

..... had the purchaser of the first warrant been negligent enough to hold it up until the whole land was appropriated, the title of every subsequent purchaser would have been good against him, and he would have been page 5 u. ..... the purchase of the land warrant gave a power to appropriate, but was no appropriation, and the mode pointed out by the legislature would seem to the court to be that which can alone give title to the particular ..... it is apparent throughout the whole act that the legislature never contemplated a survey as being in itself an appropriation of land, or supposed that one would be ever made if not founded on a previous ..... the opinion of lord hardwicke was not that where any circumstance was required by a statute in order to vest a title, other equivalent acts might be received as a substitute; but that the particular statute on which the case depended did not require the omitted circumstance, since the property was vested by a ..... not less difficult to impute to the legislature an intention to protect a survey to which the law denies all power of appropriating the land it comprehends, or an intention of carrying such survey into grant, while another has legally appropriated to himself the land thus to be granted. ..... the circumstances under which the act for establishing the land office was passed, as well as from the expressions of that act, it is apparent that the entry was intended to give complete notice to other purchasers that the land located was already appropriated. .....

Cherokee Nation Vs. Southern Kansas Ry. Co.

Court : US Supreme Court

..... , without right, and without consent or license from the plaintiff, entered its domain and territory and commenced the construction over it of a railway; that in the construction of such railway, that company had commenced cutting down the natural surface of the land, building embankments thereon, and appropriating the stone, earth, and lumber found on the line of the proposed road; had graded about ten miles of its road and threatened and intended ..... instituted by the plaintiff could not be regarded as technically a suit in equity of which the court might take cognizance under the general statutes defining its jurisdiction, we perceive no reason why, in view of the broad terms of the act of congress and of the peculiar relations which the plaintiff sustains to the government and people of the united states -- relations which forbid, if to be avoided, the application of strict rules of interpretation -- the bill might not have ..... that the principal chief be, and he is hereby, authorized and empowered to proceed in pursuance of the provisions of the third and the eighth sections of said act of congress, and bring suit in the circuit court of the united states in and for the western district of arkansas against said southern kansas railway company, the object of said suit being to indicate the absolute title of the cherokee nation to all lands within her borders and to obtain redress .....

Muva Industries Ltd. Vs. State of Bihar and ors.

Court : Patna

..... it was pointed out that since the petitioner-company was manufacturing railway sleepers which could be used only by the railways, appropriate government would be the central government as defined under section 2(1)(i) of the 1970 act read with section 2(1)(a) of 1947 act, as this company must be deemed to be running under the authority of the central government since the company was to manufacture the concrete sleepers as per specifications laid down by the railways to which the petitioner-company had to conform.15. ..... 4611 of 1996, the appropriate government has been defined under section 2(b) of the 1948 act which runs as follows:'(b) 'appropriate government' means-(i) in relation o any scheduled employment carried on by or under the authority of the central government, or a railway administration, or in relation to a mine oilfield or major port, or any corporation established by a central act, the central government, and(ii) in relation to any other scheduled employment, the state government;'34. ..... it was observed by their lordships in that case that the definition of 'appropriate government' occurring in the industrial disputes act is not in pari-materia with that of the one contained in the minimum wages act as the definition under industrial disputes act is in relation to industry carried on by or under the authority of the central government or by a railway company etc. .....

Ramchandra Dattatraya Vs. Vaidhyachand Manikchand and ors.

Court : Mumbai

Reported in : AIR1956Bom647

..... refers specifically to the tenancy in respect of the open space and so it would be legitimate to confine the claim for set off made by the tenants to the rent in respect of the open space.since the tenants require appropriation to be made in terms of the deposit receipt, it would not be unreasonable to confine their claim to the terms of the receipt itself and the terms of the receipt plainly confined their right to the rent payable in respect of the ..... 2,100/- with the insolvent landlord.the deposit receipt provided, amongst other things, that if the tenants did not pay the rent regularly, the landlord would be entitled to appropriate the requisite amount from the deposit, and, if the tenants vacated the premises, the balance would be returned to him. ..... joshi argues that the deposit receipt also must be read subject to section 18(2) of the rent act and no more than six months' appropriation can be allowed. ..... the lower appellate court has held that the tenants were entitled to insist upon the appropriation of the whole of the amount due in respect of all the three premises and this plea has substantially been upheld by the lower appellate court.one of the reasons given by the learned judgein accepting this plea was based on the provisionsof section 18, sub-section (2) of the rent act. mr. .....

Verkey and Co. Vs. Regional Labour Commissioner

Court : Karnataka

Reported in : ILR1985KAR3359

..... the authority of the central government and, therefore, only the central government has the power to fix minimum wageswander the act.in the light of the above discussion my conclusions are as follows :(i) there is nothing in section 135 of the railways act to hold that a railway canteen situated in the railway station within the municipal area of mangalore city municipal council is not within the municipal area. ..... therefore so long the company/the contractor, cannot be regarded as carrying on its industry by or under theauthority of the central government/railway administration, the appropriate government which could, require the company, by rules framed by it to take licence to carry on its industry in conformity with the ..... the act, the company is governed by the rates of wages fixed by the state government, as it is the appropriate government as defined under the act it is only when a person was carrying on industry by or under the authority of the central government or railway administration, theappropriate government for purposes of fixation of wages under the act would ..... by the labour enforcement officer (central), bangalore, the 2nd respondent under section 20(3) of the minimum wages act ('the act' for short), the following question of law arises for consideration --whether the 1st petitioner - company which has entered into, a contract with the railway administration of the central government for constructing buildings can be regarded as carrying on its business/industry by .....

Ch. Purushotham Vs. the Senior Divisional Commercial Manager, S.C. Rai ...

Court : Andhra Pradesh

Reported in : 2007(3)ALD73; 2007(3)ALT342

..... having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (i) to (iv) of sub-rule (1), and clauses (i) and (ii) of sub-rule (2), of rule 6 should be imposed on the railway servant, it shall, notwithstanding anything contained in rule 11, make an order imposing such penalty:provided that in every case where it is necessary to consult the commission, the record of the inquiry shall be forwarded by the disciplinary authority to the ..... and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein and is succeeded by another inquiring authority which has, and which exercises, such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and partly recorded by itself:provided that if the succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose ..... where disciplinary authority so drops the proceedings but considers it appropriate to impose any of the minor penalties not attracting the provisions of sub-rule (2) of rule 11, it may make an order imposing such penalty and it will not be necessary to give the railway servant any further opportunity of making representation before the penalty is ..... thirugnanasambandam : (2005)illj569sc , the supreme courtobserved:.res ipsa loquitur is a well-known principle which is applicable in the instant .....