Court : Supreme Court of India
Reported in : (2006)IIILLJ9SC; (2006)3MLJ311(SC); 2006(4)SCALE577; (2006)11SCC144; 2007(1)SLJ162(SC)
..... judge, in our opinion, was entirely correct in observing that if a state within the meaning of article 12 of the constitution of india is not in a position to comply with its constitutional obligations, it must try to find out a way itself to take appropriate steps in that behalf but the same would not mean that the appellant could have been deprived of his legal right to obtain salary. ..... sunil kumar urges that this court may issue appropriate directions to the state of bihar to pay salary to all the employees of biscomaun. ..... if any cause of action arises therefor, it would be open to the concerned employees to ventilate their grievances before an appropriate forum. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(2)AWC2027(SC); 2004(52)BLJR1214; 2004(2)CTC189; 2004(166)ELT290(SC); [2004(2)JCR204(SC)]; JT2004(Suppl1)SC20; 2004(4)KarLJ476; (2004)137PLR298; 2004(3)SCALE23; (2004)3
..... railway administration complaining of illegality on account of contravention of the provisions of section 28 of the indian railways act, 1890 (hereinafter referred to as 'the act') and of un-reasonability on the part of the railway administration ..... high court forming an opinion that for a money claim of the nature made in the writ petition, writ jurisdiction was not appropriate forum and the writ petitioner was at liberty to file a civil suit for the claim. ..... based on the same cause of action but which came to be dismissed by the high court forming an opinion that civil suit was an appropriate remedy, is liable to be excluded from calculation under section 14 of the limitation act, 1963. ..... petition claiming money relief cannot be said to be a proceeding instituted in good faith and secondly, dismissal of writ petition on the ground that it was not an appropriate remedy for seeking money relief cannot be said to be 'defect of jurisdiction or other cause of a like nature' within the meaning of section 14 of the limitation act. ..... animals or goods delivered to be carried unless his claim to the refund or compensation has been preferred in writing by him or on his behalf -(a) to the railway administration to which the animals or goods were delivered to be carried by railway, or(b) to the railway administration on whose railway the destination station lies, or the loss, destruction, damage or deterioration occurred,within six months from the date of the delivery of the animals or goods for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC666; [1963]Supp(1)SCR382
..... to enquire into that charge unless the brake is removed and that it is, therefore, essential for the prosecution to establish that the brake was removed by reason of the fact that the appropriate authority had accorded its sanction to the prosecution after complying with the provisions of law and that it was not obligatory on the defence to raise an objection that there was no proper sanction. ..... tulsi ram sohan lal, sagarmal soorajmal or bhairo prasad srinivas and thereafter these firms drew large sums of money commensurate with the huge quantities of goods specified in the forged railway receipts and on the security of these railway receipts drew demand drafts or hundis in favour of various banks and two firms in kanpur as payees on a firm styled as murarka brothers, calcutta, as drawee. ..... similarly as regards moti lal the following acts have been established : (1) signing of 23 forwarding notes in connection with consignments, the railway receipts of which were tampered but which supported certain hundis drawn by the firm; (2) he signed or endorsed 52 indemnity bonds on the strength of which delivery was taken of the consignments, the railway receipts in respect of which were tampered with and yet were offered as security to banks or firms which discounted hundis ..... the charge was apparently fully understood by the appellants because they never complained at the appropriate stage that they were confused or bewildered by the charge. ..... it was not appropriate for the high court to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1994(7)SC483; 1994(4)SCALE1011; 1995Supp(1)SCC410; [1994]Supp5SCR593; [1995]96STC602(SC)
..... if, however, it is found that the city booking agencies fall within the ambit of expression 'railway' as defined in the railways act, such transport of goods/consignment from the railway station/godown to the city booking agency would be covered by the said sub-section (8).12. ..... it is in these proceedings that the railway officials appeared and applied for release of goods contending that inasmuch as the goods were being transported from railway godown to the city booking agency, bhoosa toli, which according to them was indeed a part and parcel of the 'railway' as defined in the railways act, the seizure of the goods was unlawful. ..... determine the question whether the city booking agencies established at kanpur or for that matter anywhere else in the state of uttar pradesh this we are saying on the assumption that the agreement/ contracts between the railway and the city booking agencies throughout uttar pradesh are uniform; if they are not, the determination shall be contained to kanpur only- fall within the expression 'railway' as defined in section 3(4) of the railways act, 1890 or section 2(31) of the railways act, 1989.11. ..... , whether the transport is really to the city booking agency from the railway station/godown or the said plea is only a cover for evading the statutory obligation created by section 28a of the uttar pradesh sales tax act and the rules made thereunder) shall be determined by the appropriate authorities under the uttar pradesh sales tax act. .....
Tag this Judgment!Court : Chennai
Reported in : (1941)2MLJ189
..... was no doubt very suitable for the simple conditions which prevailed in the reign of queen elizabeth ; but when it was sought to apply it to modern conditions, and especially to the assessment of great public utility undertakings, such as railways, waterworks, gasworks and the like, whose operations might easily extend over great areas, stretching far beyond the limits of any individual parish, the greatest difficulty was found in adopting the statutory provisions ..... under the indian law, railway companies are not liable to pay any tax to any local authority unless the governor-general in council notifies under section 135 of the indian railways act that the railway company is liable to pay and the railway company is then bound to pay the taxes mentioned in the notification. ..... and lands after a period of five years after construction in the case of buildings mentioned in sub-paragraph (1) above, the 'annual value' shall be fixed once in five years in accordance with section 82 of the madras district municipalities act 1920, by a committee consisting of (a) the chairman of the municipal council in the case of mofussil municipalities and the commissioner in the case of the madras city municipality; (b) the executive engineer of the division; and (c) one representative of the ..... we must take it that as businessmen, the members of the committee were satisfied that resort to the capital value method was the appropriate method in this case. .....
Tag this Judgment!Court : Chennai
Reported in : (1979)IILLJ163Mad
..... in this act, unless the context otherwise requires,-(a)'appropriate government' means,-(i) in relation to an establishment-(a) belonging to, or under the control of, the central government,(b) having branches in more than one state,(c) of a factory belonging to, or under the control of, the central government,(d) of a major port, mine, oilfield or railway company, the central government,(ii) in any other case, the state government;* * *(e) 'employee' means any person (other than an apprentice) employed on wages, not ..... that according to section 2(a) of the gratuity act, the central government is the appropriate government in relation to the establishment of a factory or mine belonging to or under the control of the central government ; that the gratuity act is applicable not only to factories and mines, but also to establishments related to such factories and mines ; that, in view of the expression used in section 2(a)(i) read with section 1(3) of the gratuity act, he was of opinion that the act will be applicable to establishments in relation to ..... respondent was not an employee in the factory or mine, nor was he an employee of an establishment within the meaning of the establishments act, because the establishments act had not been extended to neyveli by appropriate notification. ..... already stated, sub-clause (g), (i), (j), (l), (m), (n) and (p) restrict the meaning of the appropriate word found in the sub-clauses to the meaning given to them in the parent acts referred to therein. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(100)ECC516; 2005(188)ELT367(All)
..... considerations, the central government may direct that with effect from a specified dated, all stocks of the said inputs in the country, except such stocks lying in a factory, customs area [as defined in the customs act, 1962 (52 of 1962)] or a warehouse as are clearly recognizable as being non-duty paid, may be deemed to be duty-paid and credit of duty in respect of the said inputs may be allowed ..... that the manufacturer shall take all reasonable steps to ensure that the inputs acquired by him are goods on which the appropriate duty as indicated in the documents accompanying the goods, has been paid.12. ..... of duty:provided also that the manufacturer shall take all reasonable steps to ensure that the inputs acquired by him are goods on which the appropriate duty as indicated in the documents accompanying the goods has been paid.' 11. ..... production of documentary evidence of payment of duty provided that manufacturer takes reasonable steps to ensure that the inputs acquired by him are goods on which the appropriate duty as indicated in the document accompanying the goods had been paid.6. ..... reviewed the order under section 35e(2) of the central excise act, and the commissioner (appeals) held that the deemed credit was not available on the ground that railway scrap (re-rollable material) was clearly recognizable as non-duty ..... notification, the goods must be made from raw material on which excise duty has, as a matter of fact, been paid, and has been paid at the 'appropriate' or correct rate. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All567; [1961(2)FLR126]; (1961)ILLJ679All
..... pointed out that sub-section (4) of section 241, clearly provides that the rules framed under that section would be subject to acts of the appropriate legislature regulating the conditions of service of persons serving his majesty in a civil capacity in india.the payment of wages act was according to him an act of the kind and the rules of the railway establishment code were consequently to be read subject to that act. ..... are, therefore, unable to accept the contention that it was open to the appellant by approaching the authority under the payment of wages act to set at naught the decision of the heirarchy of authorities which had dealt with his case under the provisions of the railway establishment code and had come to the conclusion that a particular penalty must be imposed upon him.8. ..... counsel for the appellant submitted with reference to his first contention that the rules to be found in the indian railway establishment code had been framed under section 241 of the government of india act, 1935, and related to the conditions of service of the persons serving under the government. ..... the provisions of the payment of wages act overruled those of the railway establishment code and irrespective of what had been held by the railway authorities under the code it was open to the appellant to approach the authority under the payment of wages act for redress and it was for that authority to consider whether the deductions from the appellant's salary which were being made were justified or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC915; 1985(33)BLJR343; [1985(51)FLR71]; 1985LabIC1001; (1985)IILLJ187SC; 1985(1)SCALE713; (1985)3SCC189; [1985]3SCR686; 1985(2)SLJ108(SC); 1985(17)LC939(SC)
..... it is equally well-settled that where the government purports to give reasons which tantamount to adjudication and refuses to make a reference, the appropriate government could be said to have acted on extraneous, irrelevant grounds or grounds not germane to the determination and a writ of mandamus would lie calling upon the government to reconsider its decision. ..... of removal from service is neither malafide nor unjustified and therefore the appropriate government does not consider it necessary to refer ..... the appropriate government being the central government as per its order dated deeember 9, 1983 rejected the request for a reference under section 10 of the industrial disputes act, 1947 on the ground 'that the penalty of removal from service was imposed on the workmen on the basis of enquiry held in accordance with the procedure laid down in the railway servants (discipline and appeal) rules, 1968 and that the action of the management in imposing the penalty .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1996]102STC345(AP)
..... to the buyer after manufacture, it was held that the steps taken from the beginning to the end by the bombay branch in co-ordination with the madras factory showed that the bombay branch was merely acting as an intermediary between the madras factory and the bombay buyer and that it was the madras factory which, pursuant to the covenant in the contract of sale, caused the movement of goods from madras ..... apart from the fact that there is a basic difference in facts, the doubts expressed therein as regards the connotation of 'appropriate state' and the ultimate proposition laid down therein cannot be sustained in the light of the judgment of the supreme court in state of ..... (2) subject to the other provisions of this act and the rules made thereunder, the authorities for the time being empowered to assess, reassess, collect and enforce payment of any tax under general sales tax law of the appropriate state shall, on behalf of the government of india, assess, reassess, collect and enforce payment ..... in the instant case, it appears that there were railway receipts which were endorsed in favour of the parties in ..... the name of the consignee as per the railway receipt is chief erection manager, ntpc, farakka and the freight is ..... copies of invoices and photo copy of railway receipt/lorry receipt or bill of lading, pre-despatch clearance certificate/inspection report and test certificate, if any, shall be submitted to the bank and various departments of nalco, angul, for the purpose of .....
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