Judgment Search Results Home > Cases Phrase: appropriation railways no 3 act 2008 Court: andhra pradesh Page 1 of about 143 results (0.093 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. .....

N. Murali Kris Vs. South Central Railway Rep. by Its Genera

Court : Andhra Pradesh

..... this purpose, no notice under section 80 of the code of civil procedure, 1908 or any other statutory notice need be served upon the railways, and the same is dispensed with, as the railways are aware of the cause of action and the nature of relief claimed in the subject matter. ..... "....to issue an appropriate writ, order or direction, preferably a writ in the nature of a mandamus declaring the action of the 1st respondent as illegal, highhanded, arbitrary and gross mis-use of power in encroaching unto the road and by directing the 2nd respondent to maintain 80' road by exercising its power vested within it under chapter 11 of the hyderabad municipal corporation act, 1955, and pass such other order or orders as this hon'ble court may deem fit and ..... portion of the road is covered by private buildings other than railways and as such the railway authority cannot block the public road or any part of it. ..... give liberty to the parties, if so warranted under law, to approach appropriate forum, namely, civil court. ..... on formation of the state of andhra pradesh, the railways took the said land of 104 acres on lease on an annual rent of ..... first respondent has filed a counter affidavit and in paragraph 8 of the affidavit, it is stated that the said road is basically an internal road for the use of the railways to give access to the railway offices and railway quarters.5. ..... the chief justice sri kalyan jyoti sengupta and the honourable sri justice sanjay kumar writ petition no.610 of 2008 10-3-2014 n. .....

Chief Security Commissioner, SCR, RPF, Rail Nilayam, Sec'bad and Anoth ...

Court : Andhra Pradesh

Reported in : 2001(2)ALD678; 2001(3)ALT180

..... in this case, the writ petition was filed long after the merger of the fire branch with the executive branch, inter alia, for the following reliefs: 'to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus to declare as arbitrary, illegal and in violation of the provisions of articles 14, 16 and 311 of the constitution of india the action of the respondents in promoting the staff ..... protect the same in the executive branch giving the benefits as per clause 2 of the decision taken on 11-1-1993 and also to review the promotions given to the juniors ignoring the claims of the seniors and take appropriate action to promote the seniors on the basis of the seniority which was maintained at the fire servicebranch subject to promotion rules. ..... down the static fire stations and mobile fire stations in a phased manner and the staff rendered surplus on account of the closure of such fire stations were directed to be adjusted in the executive branch of rpf in appropriate positions and modalities have also been worked out for absorption of surplus staff. 8. ..... central government in exercise of the powers conferred upon it under section 21 of the act, made rules which came into force on and from 3rd december, 1987, known as the 'railway protection force rules, 1987' (for short 'the rules'). ..... necessary notices should be given to the junior employees who were given promotions in preference to petitioners and hear them and then pass appropriate orders. .....

The Union of India (Uoi), Owning South Eastern Railways by their Gener ...

Court : Andhra Pradesh

Reported in : AIR1959AP17

..... crucial point that arises for consideration is whether by framing rule 31, of the general rules, the railway administration limits its liability even though a specific agreement has not been entered into between the bailor and the bailee as ..... , kakinada, who tried the suit held that rule 31(2) is ultra vires and is repugnant to the provisions of section 72 of the indian railways act and the defendant-railways having received the charges for demurrage, are estopped from disputing their liability as bailee and decreed the suit as prayed for. ..... time allowed for demurrage and wharfage on railways, the responsibility of the railway administration would cease after the time so limited by that agreement.it may not also be wrong to say that any collection of demurrage by the railway administration on account of the delay caused by the consignee in taking delivery of the goods would not by itself cast further responsibility on the railway administration under section 72 of the indian railways act.when such is the case, the ..... the railway authorities thereupon sold the hags by auction on 1-12-1920 and appropriated the proceeds towards demurrage.the trial court disallowed the plaintiff's claim for value of the goods, but granted him a decree for the price for which the bags had .....

K. Raghuram Raju Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : 2003(3)ALD273; 2003(3)ALT545; 2003(2)ARBLR574(AP)

..... sort, all contentious issues arising between the parties shall have to be resolved only by the arbitrator and it is within his exclusive realm and the order to be passed by this court under the scheme of the act is only in the nature of an administrative order, there is nothing left to the court to resolve at this stage except making appointment of an arbitrator keeping in view the parameters enjoined under sub-section (8) of section 11 of the ..... , the apex court held that even where there has been some transaction, but the correspondence, documents or exchange between the parties are not clear as to the existence or non-existence of an arbitrationagreement, it would be an appropriate course for the arbitrator to decide that question under section 16 of the act rather than the chief justice or his nominee under section 11 of the act. 13. ..... 64(3)(a)(i) of the gcc, a sole arbitrator shall be the general manager or a gazetted railway officer nominated by the general manager in that behalf where the claim is below rs. ..... the contention of the learned standing counsel appearing for the respondents-railways that here is a case where the conditions enjoined under clause 64 of the gcc has not been complied with and, therefore, the claim is deemed to have been waived merits no consideration at this stage inasmuch as it ..... controversy has been resolved by a constitution bench judgment of the apex court in konkan railway corporation limited and anr. v. ..... in konkan railway corporation limited and .....

irrigation Development Employees Association and ors. Vs. Government o ...

Court : Andhra Pradesh

Reported in : 2004(2)ALD599; 2004(3)ALT17; (2004)IILLJ581AP; [2004]55SCL459(AP)

..... the budgetary releases from out of the allocations made under the appropriate act are once again dependent on several factors, such as, actual receipt of estimated revenue, expenditure required to be incurred for certain unforeseen contingencies etc. ..... in central inland water transport corporation limited's case (supra) the supreme court struck down clause (i) of rule 9 of the rules of the corporation as void under section 23 of the contract act as being opposed to public policy and is also ultra vires article 14 of the constitution of india that to the extent that it confers upon the corporation, the right to terminate the employment of a permanent employee by giving him three ..... thus budgetary allocation, made under the appropriation act, is law made by the state legislature and cannot be deviated from. ..... article 204(3) of the constitution of india prohibits withdrawal of money from the consolidated fund of the state except under appropriation made by law passed in accordance with the provisions of article 204. ..... that after grants under article 203 of the constitution of india, have been made by the assembly, a bill is required to be introduced in the legislative assembly under article 204(1) of the constitution of india, to provide for appropriation out of the consolidated fund of the state and on the said bill being passed it becomes the 'appropriations act'. ..... , these are also once again placed for approval of the legislature and on being passed becomes law as 'appropriation act-ii. .....

J. Bhaskar Rao Vs. General Manager, South Central Railway, Rail Nilaya ...

Court : Andhra Pradesh

Reported in : 2002(2)ALD286

..... no doubt, there is a delay on the part of the respondent-railways to make appropriate communication to thearbitrators referring the 9th claim of the applicant to the arbitrators pursuant to the orders of this court ..... court, by an order dated 20-12-1999 disposed of the said application declining to exercise its authority under section 11(6) of the act to appoint a sole arbitrator but directed the respondent-railways to refer the 9th claim of the applicant herein which had earlier been refused to be referred to arbitration by therespondent. ..... this application is filed under section 11 of the arbitration and conciliation act, 1996 ( for short 'the act') with the prayer as follows :'to make the appointment of sole arbitrator for adjudicating all the disputes relating to 9claims made by the petitioner to be filed before the sole arbitrator to be appointed by this honourable court ..... entering upon the reference and in view of the fact that though both the arbitrators were chosen by the parties, so far, the arbitrators have not nominated an umpire, the arbitrators have failed to act in accordance with the agreement thereby attracting section 11(6)(b) of the ..... to be mentioned here that the one of the grounds raised by the respondents herein in the abovementioned aa 33 of 1999 is that in view of the fact that the arbitration agreement is of the year 1984, the provisions of the 1996 act would have no application and it is only the repealed arbitration act, 1940 which governs the situation. .....

Bharat Heavy Electricals Ltd. Vs. State of Andhra Pradesh

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 .....

Union of India (Uoi) and ors. Vs. G. Krishna

Court : Andhra Pradesh

Reported in : 2005(2)ALD603; 2005(2)ALT637; (2005)IILLJ768AP

..... 146/- and appropriated the said amounts without remitting the said amount to the railways thereby he failed to maintain the absolute integrity and also failed to protect the interest of the railways and exhibited conduct unbecoming of a railway servant and thereby contravened rule 3(1)(i) and (iii) of the railway employees conduct rules, ..... krishna by his above acts failed in his duties to maintain absolute integrity as he failed to ensure and protect the interests of the railways and exhibited conduct unbecoming of a railway servant and thereby contravened rule 3(1)(i) and (iii) of railway employees conduct rules, ..... assessing the evidence of the witnesses, the inquiry officer ought to have taken into consideration the answers given by the witnesses in their cross-examination and the clarifications given by them, instead of acting upon the evidence given by the witnesses in their chief examination and in their previous statements. ..... decision is arrived at on no evidence or it is thoroughly unreliable or no reasonable person can act on it, the order would be perverse. ..... the tribunal itself acted as appellate authority against the order of the punishment passed by the department, which procedure is contrary to the catena of the decisions of the ..... by the learned standing counsel for the central government reported in lalit popli's case (supra) observed in para 16 thus:'while exercising jurisdiction under article 226 of the constitution the high court does not act as an appellate authority. .....

indira Bai and anr. Vs. State of Madras (Now Andhra Pradesh)

Court : Andhra Pradesh

Reported in : [1958]9STC80(AP)

..... that the mere fact that the place of delivery is shown as veldurthi or nandyal or dronachalam is insufficient to hold that the sales were completed at those places when the contracts show that the payment is to be made against railway receipt and further he held that those sales were outside the province in which goods were consigned to the name of the plaintiff or of a third party which amounted to rs. ..... of transmission to the buyer if the intention appears otherwise the property in the goods may not pass to the buyer until the conditions imposed by the seller are fulfilled such as envisaged under section 25 of the said act, wherein a contract for sale of specific goods or where the goods are subsequently appropriated to the contract the seller may by the terms of the contract or appropriations reserve the right of disposal of goods until certain conditions are fulfilled. ..... translating this into the terms of ordinary commerce, if the seller delivered the goods to the railway for conveyance to 'self' at calcutta, there would not be such an appropriation as would pass title to the purchaser. ..... in these appeals learned advocate has raised common questions, namely, that having regard to the fact that in all cases delivery of the railway receipts was against payment, the property in the goods passed to the buyers outside the province of madras and the sale must be held to be outside the province; that the assessments for 1946-47 and 1947-48, .....