Judgment Search Results Home > Cases Phrase: appropriation railways no 3 act 2008 Page 1 of about 3,458 results (0.080 seconds)

Siddhardha Constructions Pvt. Ltd. Vs. Union of India (Uoi) Rep. by Ge ...

Court : Andhra Pradesh

Reported in : 2009(2)ALT440

..... in this context it will be appropriate to notice what the supreme court has pointed out in northern railway administration case cited 2008 (3) arb. l.r. ..... according to the applicant it has made a request on 21-01-2008 seeking the general manager, south central railway, secunderabad, in terms of sub-sections (5) and (6) of section 11 of the act, to refer the claims/disputes for resolution to the arbitral tribunal. ..... it has been held that when once the notice period of thirty days had expired and one of the parties to the agreement had already moved the chief justice or his designate under section 11(6) of the act, the opposite party, having right to appoint the arbitrator under the arbitral agreement, loses the right to do so. ..... this application has been moved under sub-section (6) of section 11 of the arbitration and conciliation act, 1996, (henceforth referred to as 'the act'), seeking intervention for appointment and constitution of the arbitral tribunal for resolving the disputes that are, said to have, arisen between the parties.2. ..... therefore, in the instant case, the general manager, who is the competent authority, under clause 64 of the general conditions of contract of the engineering department of the railways, to constitute the arbitral tribunal, has lost out his power to take any steps for constituting the arbitral tribunal after 17-06-2008, the date on which the applicant herein has moved the designate of the chief justice under sub-section (6) of section 11 of the act. .....

Common Cause Vs. Union of India .

Court : Supreme Court of India

..... (in government and outside it) and recommend remedial measures to be immediately implemented by the government of india and the government of orissa; c) direct the respondents to take effective and appropriate action to ensure closure/stoppage of all the illegal mining activities in the concerned areas and direct prosecution and punish all those found guilty of this illegal mining in violation of the ..... quantities and grade; d mining in contravention of a mining plan; e transportation of raised mineral without lawful authority; f mining and transportation of raised mineral in contravention of applicable central and state acts and rules thereunder; g conducting of multiple trade transactions to obfuscate the origin and source of minerals in order to facilitate their disposal; h tampering with land records and obliteration of inter-state ..... follows:- (a) issue a writ of mandamus or any other appropriate writ directing the union of india and government of odisha to immediately stop forthwith all illegal mining in the state of odisha and to terminate all leases that are found to be involved in illegal mining and mining in violation of the provisions of the forest conservation act 1980, the environment laws and other laws. ..... an annual production of say 12 lakh mt then in that case the permissible production for the mining lease for the year 2008-09 would be taken as 6 lakh mt (12x6/12 lakh mt) and 12 lakh mt per annum in the subsequent year; and wherever a mining lease ..... the railways have .....

Lipton India Limited Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2009)22VST230(All)

..... or not over the tea bags produced of etah branch or whether the department has got right to issue notice under section 15a(i)(qq) of the act, recorded a finding that since the enquiry is pending before the subordinate authority (sales tax officer), it is appropriate that the controversy may be adjudicated by the sales tax officer. ..... 2008] uptc 21, radha krishna mahavir prasad, northern railway ..... as ansal papers [2008] uptc 21, relied upon by the learned additional chief standing counsel does not relates to the controversy where the state government has taken action for imposition of penalty on an industry where exemption was granted under section 4a of the act. ..... amount by way of trade tax on sale or purchase of goods or any amount in lieu of trade tax on sale or purchase of goods by giving it a different name or colour; and no dealer registered under this act, shall, in respect of any sale or purchase made by or through him, realize from any person, other than a person to whom goods are sold by him, any amount by way of trade tax on sale or ..... or contract for doing or failing to do something that it was the duty of a party to do.a penalty is in the nature of a punishment for the non-performance of an act, or the performance of an unlawful act, and in the former case stands in lieu of the act to be performed.the words 'penal' and 'penalty' strictly and primarily denote punishment, whether corporal or pecuniary, imposed and enforced by the state for a crime or offence against its .....

Nipun Malhotra vs.government of Nct of Delhi & Ors.

Court : Delhi

..... (figure 11-8); - the location of that space should be as indicated, inside and outside the bus, using the standard symbol for wheelchair accessibility; and - wheel stoppers and wheelchair safety belts should be provided alighting buzzers - an appropriate number of alighting buzzers should be provided in positions that are easily accessible for seated or standing passengers; and - the push button of an alighting buzzer should be clearly visible; of adequate size, installed at 900 mm to 1200 mm ..... . section 41(1)(a) enjoins upon the appropriate government to ensure facilities at bus stops, railway stations and airport conforming to accessibility standards relating to parking spaces, toilets, ticketing counters and ..... for body building of new models of buses with seating capacity of 13 or more passengers excluding driver shall be in accordance with air:052 (revision 1)-2008, as amended from time to time, for vehicles mentioned therein, till the w.p.(c)no.9643/2017 page 30 of 74 correspondent bis specifications are notified under the bureau of indian standards act, 1986 (63 of 1986): in view of the aforesaid amendment, the learned counsel states that, as of now, the relief sought for by ..... access to transport (1) the appropriate government shall measures to provide, take suitable (a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines .....

Union Of India Vs. M/s Indian Oil Corporation Ltd

Court : Supreme Court of India

..... exercisable 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 civil appeal no(s). ..... the facts of the lead case herein are that the respondent-iocl had sent a legal notice dated 07.11.2005 under section 106 of the railway act, 1989 to the appellant-union for refund of excess freight charges with respect to a consignment dated 25.08.2022, due to change in methodology, having been applied prospectively from 01.01.2005 which resulted in ..... be appropriate for this court, in exercise of its writ jurisdiction, to give relief, which authority, in law, has been vested in the claims tribunal under section 13 of the railway claims tribunal act, 1987 ..... the dispatch of the petroleum products continued for a long period between the year 2008 and 2011 and the freight charges were paid according to the distance between the destinations as notified by ..... union of india reported in (2008) 5 scc632 set-aside the high court s order and held the appellant therein to be entitled ..... of 125 km, between the period 01.04.2008 to 30.09.2010. .....

N.Sudhakaran Pillai Vs. the Local Level Monitoring Committee

Court : Kerala

..... has produced annexures a, b, c and d to indicate that necessary permission had been obtained under section 10 of the act, 2008 in respect of 22.2183 hectares of land for the purpose of the maintenance yard for the kochi metro rail project ..... dmrc is involved in the matter of selection of appropriate site for the yard as well as the metro ..... as far as metro coach maintenance yard is concerned, which is part of an infrastructure for running the railway, there is no specific provision under the notification dated 14.9.2006 for obtaining such an eia study.11. ..... land lying contiguous to the land acquired for metro maiintenance yard for construction of metro village subject to the condition that eia study has to be completed with appropriate mitigating strategy as suggested by the concerned agency. go (rt) no. ..... another contention urged by the petitioners is that apart from the land permitted to be reclaimed under the provisions of the act, a site visit would show that about 300 acres of land had been reclaimed without permission, which includes paddy land, wet land, ..... being filled up without conducting any environmental impact assessment (eia) study in the said area, which is also in gross violation of the provisions of kerala conservation of paddy land and wet land act, 2008 (hereinafter referred as the act). ..... land on condition that eia study has to be completed with appropriate mitigating strategy. ..... is the most appropriate place. ..... petitioner is left open to be decided in appropriate w.p(c) no. .....

Reliance Industries Limited and Others Vs. State of U.P. and Others

Court : Allahabad

..... of law with regard to inter-state sale and keeping in view the applicability of cst with regard to inter-state sale, it shall be appropriate to look into at a glance the gas sale and purchase agreement (in short gspa) entered into between the petitioner and the respondent indo gulf ..... place in the course of inter-state trade or commerce gave an extended meaning to the word 'sale' as defined in section 2 (g) and as used in section 3 (a) and 4 (2) (a) and (b) of central sales tax act, 1956 and what was said by this court was that the word 'sale' as used in section 3 (a) and section 4 (2)(a) and (b) was wide enough to include not only a concluded contract of sale but also an agreement ..... documents of title to such goods to a registered dealer, if the goods are of the description referred to in sub-section (3) of section 8, shall be exempt from tax under this act : provided that no such subsequent sale shall be exempt from tax under this sub-section unless the dealer effecting the sale furnishes to the prescribed authority in the prescribed manner and within the ..... india feeling aggrieved with the impugned order passed under section 25 of the uttar pradesh value added tax act, 2008 (in short vat act) after remand of the matter by the trade tax tribunal, lucknow. ..... law of england (4th edition volume 41 page 800) which provides that where the seller undertakes to deliver goods to railway wagons or at the station in terms of convenient (contract) with the delivery, the risk passes to the buyer. .....

In the Case of BiniÅandyuml;an Vs. Romania

Court : European Court of Human Rights

..... the court also notes that, despite the fact that in its final criminal judgment of 25 january 2006 the lugoj district court found that the manager of the national railway company had forged this document, which was used as evidence in the administrative and criminal proceedings, the criminal courts had dismissed the applicants application for judicial review of the criminal judgment of 21 january 2005. ..... the court notes that, according to decision t1 concerning the application to romanian territory of the common transit system for rail freight transport, the national railway company was required, among other obligations, to ensure appropriate conditions for a safe customs inspection (see paragraph 48 above). 79. ..... the court also notes that in the two final judgments, of 16 and 29 september 2003, the lugoj district court found that the representatives of the national railway company had shown gross negligence in not ordering the removal of the freight wagons to the non-electrified track for the customs inspection. ..... the court observes that the present case concerns the alleged responsibility of the state for negligent acts that were likely to result in the loss of the applicants life. ..... 15339/02, 21166/02, 20058/02, 11673/02 and 15343/02, 146, echr 2008 (extracts); y rekli v. ..... 48913/99, 17 july 2008, petrov v. ..... 42994/05, 2 december 2008). 83. ..... the defendant company appealed and the appeal was allowed by the timi county court on 19 february 2008. .....

Johny J. Vilangadan Vs. General Manager, Southern Railway and Another

Court : Kerala

..... justice or his nominee that notwithstanding the fact that it had rejected the request for arbitration or has refused to make the appointment, the chief justice or his nominee exercising the statutory power under s.11(6) of the act is tied down to the preference dictated by the opposite party (railways in this case) in the matter of choosing the arbitrator. ..... once, the respondents have lost right to make appointment of arbitrator, this court would consider it appropriate to make appointment of a former judge of this court as arbitrator. ..... it is pointed out that after annexure a11 order was passed by the honourable supreme court, the railways issued annexure r2 letter dated 7.1.2008 to the applicant requesting to nominate his nominee. ..... annexure a13 letter was sent in reply to the letters dated 7.1.2008 (annexure r2) and 31.1.2008 (annexure r3), which, according to the applicant, were served on him only on 14.8.2009 through his counsel along with the objection in o.p ..... )nos.287 of 2008, 288 of 2008, 289 of 2008 and 290 of 2008, district court, ..... ) nos.288, 289 and 290 of 2008 before the district court making similar prayers as made in ..... ) no.287 of 2008 before the district court, thiruvananthapuram, under sections 14 and 15 of the arbitration and conciliation act to decide on the termination of the mandate of the arbitral tribunal and to pass an order to the effect that the mandate of the arbitral tribunal was terminated and the arbitral tribunal had no jurisdiction to enter upon .....

Lal Mahal Limited Vs.1. Abdul Ghaffar 2. Abdul Ghaffar Abdul Rehman

Court : Delhi

..... (xiv) the plaintiff filed its statement of claim before the arbitrator including the claims arising under the four contracts aforesaid and for payment by the defendants of the demurrage charges claimed by the railways relating to the said stock of sugar; (xv) the defendants chose not to participate in the arbitration and the arbitrator proceeded with the arbitration and on 20th june, 2005 passed an award in ..... 18th january, 2002, resulting in the consignment of sugar qua which stay was obtained in omp no.300/2001 being not released to the plaintiff and resulting in auctioning of the same by the railways under court orders and the auction money of rs.1.93 crores thereof continuing to lie with the registry of this court; (xiii) in november, both the defendants and the plaintiff invoked the arbitration clause ..... to the dispute submitted to arbitration and arbitral award wherein is set aside by the court, the provisions of section 14 of the cs(os) no.2554.2008 page 18 of 22 limitation act will have no application to the said situation and the computation of limitation will be under section 43(4) of the arbitration act only.25. as per averments in the plaint, the cause of action for the suit can be said to have accrued on 8th september, 2001 ..... as far as the claim of railways for demurrage charges was concerned, the same was disposed of observing that the same had to be adjudicated before an appropriate forum and granting liberty to the railways to seek adjudication of its claim .....