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 .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
Tag this Judgment!Court : Supreme Court of India
..... or operation 20 of the contract, or the respective rights and liabilities of the parties on any matter in question or any other ancillary disputes arising from the terms of the contract or if the railway establishment fails to take a decision within the stipulated period and the dispute could not be amicably settled, such dispute or difference is to be referred to arbitration and who shall arbitrate such disputes/differences ..... or to pass an award without assigning any reason and it became necessary to make a fresh appointment, chief justice or his designate in the given circumstances after assigning cogent reasons in appropriate cases may resort to an alternative arrangement to give effect to the appointment of independent arbitrator under section 11(6) of ..... before we take note of the factual aspect of the present matters, it will be appropriate to carefully consider the plenitude of decisions of this court referred to by learned counsel for the ..... railway case [(2008) 10 scc240 that the chief justice or his designate should first ensure that the remedies provided under the arbitration agreement are exhausted, but at the same time also ensure that the twin requirements of sub section (8) of section 11 of the act ..... in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration. 41 .....
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