Judgment Search Results Home > Cases Phrase: appropriation railways no 3 act 2008 Court: patna Page 1 of about 26 results (0.054 seconds)

Rawatsons Engineers (P) Ltd. Vs. the Union of India (Uoi) and ors.

Court : Patna

..... a very short and concised point that the aforesaid communication, as contained in annexure 1, is wholly without jurisdiction, unenforceable and illegal because notwithstanding the alleged letter of acceptance issued by the railway dated 6.3.2008 (annexure 4) there is no concluded contract as between the parties and in absence thereof the petitioner is not bound by any agreement nor clause 62 of the general conditions of contract, 2001, can apply.5. ..... . it clearly stated that the transaction in relation to the fabrication of various materials by the petitioner at their works in the state of west bengal for being appropriated to the contract at jhajha in the state of bihar would be an inter state transaction and the petitioner would be liable to sales tax as under central sales tax and they would not be liable ..... of the rule, as laid down in the first sub-section of section 7 of the contract act, there is no acceptance by the railway and there being no acceptance, the parties cannot be said to be in consensus ad idem ..... view, in terms of the first part of section 7 of the contract act and the rule of law envisaged therein, the acceptance has to be absolute and unqualified for converting the offer into promise and thus by act of acceptance resulting in an agreements and the agreements then being executed ..... . in my view, the rule in the first sub-section of section 7 of the contract act is based on the principle that unless the parties have consensus ad idem, are of one mind, .....

D. Sarkar Alias Dipak Sarkar and ors. Vs. State of Bihar and anr.

Court : Patna

..... the labour enforcement officer was of the view that the work was being carried on for the purpose of the railway and within the railway establishment and that the appropriate government was the central government, and, therefore, the notification by the central government prescribing minimum wages for ..... we may turn now to the meanings of different expressions defined in section 2(1) of the act:- '(a) 'appropriate government' means :- (1) in relation to - (i) any establishment pertaining to any industry carried on by or under the authority of the central government, or pertaining to any such controlled industry as may be specified in this behalf by the central government, or (ii) any establishment of any railway, cantonment board, major port, mine or oil field, or (iii) any establishment of a banking or insurance company, the central government ..... . under this law 'appropriate government' means - (i) in relation to any scheduled employment carried on by or under the authority of the central government or railway ad-ministration, or in relation to a mine, oil field or major port, or any corporation established bycentral act, the central government, and (iii) in ..... of 'appropriate government' under the industrial disputes act was in relation to an industry carried on by or under the authority of the central government or railway ..... appropriate government under the minimum wages act was in relation to any scheduled employment carried on by or under the central government or the .....

P.R. Catering Vs. State of Bihar and anr.

Court : Patna

..... given to the petitioner on payment of licence fees and when detections had been made at patna railway station, then the state government had the authority even if the contract comes within the purview of the act as per definition of appropriate government in clause 2 in section 2(a)(i) of the act. ..... pantry car runs through different states, but the pantry car belongs to the railways and as such it comes within the purview of appropriate government as defined under the industrial disputes act. ..... that the pantry car within the running train is an establishment then also it does not come within the purview of appropriate government as per definition of industrial disputes act because the pantry cars are not static ones. ..... the act the appropriate government has been defined in relation to the establishment as per industrial disputes act, 1947 ..... entered into between the railways and the petitioner would alone reveal that the petitioner was only licencee of the railways for the sale of prepared food and drinks to the travelling passengers in the running trains and as such the petitioner has got no establishment as defined under the act carried in the running ..... of the petitioner have been categorically denied and by way of explanation it has been stated that the agreement/contract would specifically reveal that the petitioner was a registered contractor of the railways and the pantry car in the running train would definitely come within the purview of establishment as per the act itself. 7. .....

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. .....

Voltas Ltd. Vs. Commissioner, Commercial Taxes

Court : Patna

..... permit the opposite party to submit at the reply stage before it that the transactions which had till then been treated and supported as inter-state sales under section 3(b) of the central sales tax act, 1956, in the hands of the applicant with liability to pay tax in bihar could alternatively be pleaded and considered as intra-state sales in bihar in the hands of the applicant ? ..... agents were required in pursuance of the term of the endorsement to realise the sales tax as applicable and pay to the appropriate authority and that they (m/s. ..... agent and further having regard to the stipulation made in the invoice, the property in the goods had passed to the purchaser-company only in the state of bihar on payment of the invoiced price in exchange of the railway receipts, the sale of goods actually took place in bihar. ..... in the goods till that time was with the manufacturers and it passed on to the purchaser after he had taken delivery thereof on the strength of the railway receipts as issued to them by the manufacturers as consignees. ..... the goods were despatched by railway and in the railway receipts the manufacturer, that is, the principal was shown as the consignor and the purchaser-company, telco was described as ..... of the property as to sell them to the purchaser on their own behalf by transferring the document of title, in the present case, the railway receipts, in the way done. ..... on receipt of invoices and the railway receipts, the assessee prepared its own invoices in the name of the .....

Bashistha Choudhary Vs. State of Bihar and anr.

Court : Patna

..... section 2(f) of the gratuity act runs as follows:2(f) employer means, 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 for the supervision and control of employees, or where no person or authority has been so appointed, the head of the ministry or department concerned,(ii) belonging to, or under the control of, any local authority, the person ..... of the local authority,(iii) in any other case, the person, who, or the authority which, has the ultimate control over the affairs of the establishment, factory, mine, oilfield, plantation, port, railway company or shop, and where the said affairs are entrusted to any other person, whether called a manager, managing director or by any other name, such person;.6. ..... for the opposite party has failed to show that this petitioner being branch manager of the bank in question was appointed by the appropriate authority for control and supervision of the employees of the branch bank. ..... the maximum punishment under section 10 of the act is only one month and, therefore, prosecution ought to have been launched and cognizance taken within one year of the alleged occurrence as provided under section 468(2)(b) ..... allegation in the complaint petition that the petitioner was deemed to be 'employer' under the act, 1976 for the purpose of prosecution. .....

P.K. Bahal Vs. State of Bihar and ors.

Court : Patna

..... 'employer' means, in relation to any establishment, factory, mine, oilfield, plantation, port, railway company or shop- (i) belonging to, or under control of the central government or state government, a person, or authority appointed by the appropriate government for the supervision and control of employees, or where no person or authority has been so appointed, the head of the ministry or the department concerned. ..... in which the divisional manager, assistant divisional manager and the branch manager were made respondents and their lordships of kerala high court held that there was no provision under the life insurance corporation act, 1956 ('the 1956 act', in short) or rules or regulations authorizing a divisional manager to represent the corporation in any court within the division over which he exercised administrative control. ..... another argument was that the complainant the labour enforcement officer (central) was not authorized to file the complaint within the meaning of section 12 of 1976 act but this argument was not subsequently pressed in view of the notification issued by the government of india in the ministry of labour dated december 26, 1989 bearing s.o. no. ..... the establishment and incorporation of the corporation is dealt with under section 3 of the 1956 act under which the corporation was to be deemed to be established from the date from which the central government by notification in official gazette appointed. .....

Harihar Prasad Debuka and Etc . Vs . State of Bihar and ors.

Court : Patna

Reported in : AIR1987Pat175; [1987]66STC178(Pat)

..... being transported for the purpose of verification and assessment of tax payable and prescribes the following manners in which such permit shall be utilized for verification and assessment of tax payable under part i of the said act: --(i) a person transporting goods, exceeding the quantity notified under section 35, on a goods-carrier or a vessel shall carry form xxviiia or xxviiib duly filled up in respect of goods being brought into the state or being sent ..... the terms following :"31-b (1)no person shall tender at any railway station, steamer station, air-port, post-office or any other place, whether of similar nature or otherwise, notified under section 42, any consignment of such goods exceeding such quantity, as may be specified in the notification, for transport to any place outside the state of bihar, unless such person has obtained a despatch permit in form xxviiid from the appropriate authority referred to in the explanation to r, 31 and ..... the sanction provided for such enforcement would be a penalty assessable as if it wasa violation of the provisions of sub-section (2a) of section 31 of the act, would not make it a tax on goods and thereafter to be overzealously brought within the ambit of article 269 which pertains to the levy of taxes. ..... as i have already shown earlier, the later case which arose in the context of the bihar sales tax act is directly applicable and there is thus a virtual identity with the present case and it cannot be taken out of the ratio of .....

Anil Agrawal Vs. Union of India (Uoi) and ors.

Court : Patna

..... the question arises as to who is the appropriate authority for the purpose of implementing the provisions of the act, section 2(b) of the act defines the appropriate government as follows : 'section 2(b) of minimum wages act: 'appropriate government' means (i) in relation to any scheduled employment carried on by or under the authority of the central government, or a railway administration, or in relation to a mine, oil field 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, and: ..... :(iv) all open cast workings:(v) all conveyors or serial ropeways provided for the bringing into or removal from a mine of minerals or other articles or for the removal of refuse therefrom:(vi) all adits, levels, planes, machinery, works, railways, tramways, and sidings in or adjacent to and belonging to a mine:(vii) all protective works being carried outin or adjacent to a mine: (viii) all workshops and stores situated within the precincts of a mine and under ..... mohanlol devichand shah, reported in (1965-ii-llj-157) (sc) wherein the question has been answered in the following terms:'thus reading item 8 of the schedule and section 2(b) of the act together, it seems to us that the definition demarcates the jurisdiction of the central government and the state governments in this way: if the employment in stone breaking or stone crushing is not in a quarry, it is the state government that .....

Ram Narayan Singh Vs. Election Commission and ors.

Court : Patna

..... view of the discussion made above, we direct the divisional manager of the insurance company to transmit the original report of the surveyor along with other documents before the appropriate authority of the government positively within 2 months from the date of the production of a copy of this judgment. ..... in the background of the facts noticed above, it would be appropriate to advert specifically to some of the statutory provisions of the motor vehicles act, which commands the owner of the vehicle as well as insurance company to comply with the requirements of chapter ..... therefore, it would be advisable to reproduce the relevant findings from the said report in these words:(9) insurance under the motor vehicles act is a guarantee to the owner of the vehicle that in case of any claim with respect to the vehicle concerned, the insurer shall discharge the liability of the owner under the terms of ..... is in force in relation to the use of the vehicle by that person, a policy of insurance complying with the requirements of chapter viii (old).in view of sub-section (2) of section 94 (sub-section (2) of section 146 of the motor vehicles act, 1988) the aforesaid provision is not applicable to any vehicle owned by the central or state government and used for government purposes. ..... inform whether any payment in shape of compensation was made, since the jeep had met with an accident near railway gumti on 26.11.1989. ..... petitioner, therefore, can lay his claim before the railway administration.6. .....