Judgment Search Results Home > Cases Phrase: appropriation railways no 3 act 2008 Court: chennai Page 1 of about 238 results (0.030 seconds)

The Union of India Owning Southern Railway. Vs. the Addl. Registrar, R ...

Court : Chennai

..... a division bench of the kerala high court held that there was no evidence to show that the act of the deceased was suicide or self-inflicted injury and when the act of the deceased does not come within any of the categories in clauses (a) to (e) of the proviso to section 124-a of the railways act, the death of the deceased would come within the ambit of accidental falling of a passenger from a train ..... by the death of, or injury to, a passenger as a result of such untoward incident:provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to-(a) suicide or attempted suicide by him;(b) self-infected injury;(c) his own criminal act;(d) any act committed by him in a state of intoxication or insanity;(e) any natural cause or decease or medical or surgical treatment unless such treatment becomes necessary due to ..... depending upon the age of the deceased, size of the family, compensation is calculated choosing appropriate multiplier and even loss of future prospects in case the deceased held a stable job also has been granted by the motor accident claims tribunal ..... order dated 22.04.2009 passed by the railway claims tribunal, chennai bench in o.a.no.2008/1994.j u d g m ..... others [2008 (4) mlj 323 (sc)], the hon'ble supreme court analysed the nature of liability introduced in section 124-a of the act and ..... kumar and others [2008(4) mlj 323(sc)] ..... prabhakaran vijayakumar and others [(2008) 4 mlj 323 (sc)], the .....

Executive Engineer, Construction Etc., Etc. Vs. K.J. Verghese, Etc., E ...

Court : Chennai

Reported in : (1978)IILLJ423Mad

..... 2(f) of the act defines 'employer' as meaning in relation to any establishment, factory, mine, oilfield, plantation, port, railway company or shop (1) belonging to, or under the control of the central government or a state government, a person or authority appointed by the appropriate government or where no person or authority has been so appointed, the head of the ministry or the department concerned. ..... railway company as defined in section 3(5) of the indian railways act is as follows :' railway company' includes any persons, whether incorporated or not, who are owners or lessees of a railway or parties to an agreement for working a railway.railway administration, has been separately defined in section 3(6) as follows :railway administration ' or ' administration' in the case of a railway administered by the government means the manager of the railway and includes the government, and, in the case of a railway administered by a railway company, means the railway company.as per the definition the railway company denotes the owners or lessees of railway .....

The Executive Engineer, Construction, Southern Railway and ors. Vs. K. ...

Court : Chennai

Reported in : (1979)1MLJ457

..... establishments or class of establishments, as the central government may, by notification specify.section 2(a) defines 'appropriate government' as meaning in relation to an establishment of a major port, mine, oilfield or railway company, the central government.section 2(e) defines an employee as a person employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work.section 2(f) of the act defines 'employer' as meaning in relation to any establishment, factory, mine, oilfield, plantation, port ..... , railway company or shop (i) belonging to, or under the control of the central government or a state government, a person or authority appointed by the appropriate government or where no person or authority has been so appointed, the bead of the ministry or the department concerned:(ii) belonging to, or under the control of any local authority .....

Jeevanlal (1929) Limited and ors. Vs. Controlling Authority Under the ...

Court : Chennai

Reported in : (1982)ILLJ86Mad

..... and 635, of 1976, 2028, 2058, 2073, 2168 and 2170 to 2172 of 1978, 2451 to 2454 of 1978, 2469 to 2471 of 1978, 2570, 2662, to 2665 of 1978, 4136 of 1978, 26 and 614 of 1979, 1732, 1959, 2005 to 2008, 2085, 2122, 2134, 2135, 2171 to 2175, 2412, 2427, 3156 to 3158, 3163 to 3165, 3166, 3567, to 3571, 3972, 4022 to 4029, 4053 to 4058, 4252 to 4255, 4257 to 4259, 4331, 4339, and 4408 to 4414 of 1988 ..... affords scope for the word 'establishment' being prefixed to the words 'of a factory' occurring in sub-cl (c) and 'of a major port, mine, oilfield, or railway company' occurring in sub-clause (d) it is not possible to hold that the legislature intended to enlarge the meaning of the words 'factory' major port, mine, oilfield ..... 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 act is applicable not only to factories and mines, but also establishments relating to such factories and mines, that since the material controllers' office of the corporation is an establishment in relation to factories as well as mines of the corporation, the employees working in the material controller's office will also be governed by the provisions of the act and ..... accepted by the learned single judge and it was held that the word 'establishment' occurring in the act has been used in a general sense to include a factory, mine, oil-mill, plantation, port and railway company and also the establishments specified in s. .....

M/s. Srishti Communications, represented by its Proprietor S. Kumar, B ...

Court : Chennai Madurai

..... the order against the appointment of the arbitrator and also any order passed by the arbitrator on the preliminary issue, the petitioner has remedy under the arbitration and conciliation act, 1996 to challenge the same before the appropriate forum, without resorting to such remedy, the petitioner cannot maintain the writ petition. ..... it is always open to the petitioner to approach the appropriate forum to redress his grievance by raising all the grounds which have raised in this ..... as the judgment relied upon by the learned counsel appearing for the petitioner that is a case where the order of appointment of arbitrator by the chief justice of high court under section 11(6) of the arbitration and conciliation act, 1996 wherein the supreme court has held that it is only an administrative order and the said order is amenable. ..... according to the petitioner, he entered into an agreement with southern railway for displaying commercial advertisement at the fa ade, madurai railway station on 11.6.2011 for a period of five years commencing from 29.4.2011 to ..... the third respondent being the employee of the railway, he is ineligible to act as an arbitrator subsequent to the amendment to the arbitration and conciliation act 1996. ..... therefore, it is in appropriate on the part of the respondents to proceed with the arbitration especially when there is a bar in the statute to proceed with ..... support of his contention, he relied upon a judgment of hon'ble supreme court in konkan railway corporation ltd. .....

The State of Madras Vs. Louis Dreyfus and Company Ltd.

Court : Chennai

Reported in : AIR1956Mad659; [1956]7STC708(Mad)

..... goods would take place, with a right in the buyer to reject in the event of the goods not conforming to the contract specifications : 90% of the price being paid at bombay on delivery of the railway receipts by the arthias, the receipts themselves being taken in the name of the buyer as consignor and consignee, and the balance of the price being paid after the report regarding weighment and analysis were ..... the payment was to be according to the rules of the general terms and conditions, that 90% of the invoice price was to be paid against railway receipts and the balance after the acceptance of the goods and after a final weighment at marmagoa (marraagoa was expressly named as the place where the ..... despatch of goods through that agency, but the appropriation involved in such act need not necessarily be unconditional, which it has to be for the passing of property, where delivery to the carrier is the only fact relied on for constituting the appropriation and so the transfer of property.13. ..... purchase from the growers or dealers, it was as if the assessees had themselves entered into these contracts, with the result that when these constituents delivered these goods at the railway stations for being loaded in waggons they parted with their title which thereafter vested in the assessees. ..... the first is that this was done because of the requirements of the war-time regulations under which railway priority could be obtained only if the goods were consigned in the name of a party who had .....

South Arcot Market Committee, by Its Secretary and anr. Vs. the South ...

Court : Chennai

Reported in : (1992)1MLJ202

..... place in the state of maharashtra where the property in the goods passed to the respondent and the fact that the respondent was to take delivery at chidambaram after obtaining the railway receipt on payment of money to the bankers could not in any way prevent the passing of the property on the date of the contract of sale at maharashtra in view of the provisions of ..... that the market committees functioning in the places of the origin of the goods outside the state of tamil nadu , have charged and collected the fee due under the respective acts in force in those states and that inspite of time sought for to produce the receipts to evidence such payment, the second appellant, without complying with the reasonable request of ..... meticulously considered the issue with reference to the relevant and appropriate provisions of the sale of goods act as the case law on the subject and arrived at a finding in the following terms:it is therefore clear that section 22 will not be attracted unless the measurement, weighment, test or any other act has to be done by the seller for the ..... sale note indicated the sale of the commodity as on the date of the document subject to certain conditions and the railway receipt was taken in the name of the respondent-purchaser as consignee and the goods were despatched to the respondent at ..... the fact that the petitioner was to take delivery at chidambaram after obtaining the railway receipt on payment of money to the bankers could not in any way prevent the passing .....

The Madras and Southern Maharatta Railway Company Limited, by Its Agen ...

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. .....

Neyveli Lignite Corporation Ltd. Vs. J. Satagopan and anr.

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. .....

M/s. Sri Ragavendra Ad Lab Rep. by Its Proprietor and Others Vs. the S ...

Court : Chennai

Reported in : 2013(1)CWC87; 2013WLR66

..... section 185 of the railways act and article 285 of the constitution of india are extracted hereunder: "section 185 of the railways act: taxation on railways for advertisement:- (1) notwithstanding anything to the contrary contained in any other law, a railway administration shall not be liable to pay any tax to any local authority in respect of any advertisement made on any part of the railway unless the central government, by notification, declares the railway administration to be liable to pay the tax specified in such ..... fort station facing dental college (iii) wall painting on the outside curve shape of aluminium composite panel one side facing madhya kailash and the other side facing adyar bus stop at ktbr railway station (iv) wall painting below the curve shape of the aluminium composite panel one side facing madhya kailash and other side facing adyar bus terminus on the space between pillars in the places ..... on the other hand, mr.r.thiyagarajan, learned senior counsel appearing for respondent railway has submitted that insofar as the display of advertisement in the hoardings erected on railway properties is concerned, the licencee, if required, should also have to take appropriate permission from the statutory authorities, as required by law for such display ..... , department of municipal administration and water supply and another [2008 (8) scc 42] confirming the judgment of the division bench of this court, do not consider the hoardings erected in the premises of the railway. .....