Judgment Search Results Home > Cases Phrase: appropriation railways no 3 act 2008 Page 14 of about 3,458 results (0.076 seconds)

Union of India and Others Vs. K.V. Vijesh

Court : Supreme Court of India

Reported in : 1996IIIAD(SC)52; AIR1996SC3031; 1996LabIC1057; 1996(2)SCALE631; (1996)3SCC139; [1996]2SCR1077

..... above discussion of ours was sufficient to set aside the impugned order, we had, - keeping in view the observations of this court in shankarsan dash's case (supra) - called for and looked into the relevant records of the railways to ascertain whether the railway administration had acted arbitrarily in rejecting the respondent's claim and, for that matter, whether appointments had been made according to the comparative merits of the candidates or not. ..... the tribunal further observed that the least that was expected of the railways was that such of the candidates who were successful but could not be accommodated as a result of reduction in the number of vacancies could be employed subsequently when the vacancies arose. ..... the records not only indicate that the contention of the railways that the respondent was placed at the bottom of the list is correct but also that the appointments have been made according to the comparative merits of the candidates. ..... the decision not to fill up the vacancies has to be taken bona fide for appropriate reasons. ..... in contesting the application the appellant-railways contended that subsequent to the issuance of the notification dated march 25, 1991 the railways had taken a policy decision that the requirement of diesel assistant staff had to be reduced owing to impending absorption of steam surplus staff. .....

Shantilal K. Solanki Vs. Union of India (Uoi) and anr.

Court : Gujarat

Reported in : (2002)3GLR569

..... large family residing in a farther corner of a village and being unsophisticated persons, who otherwise, are required to be informed by providing registers and making appropriate entries including the date of attaining the age of majority by the railway board, could be considered sympathetically and the delay could be condoned even on oral application provided the reasons mentioned therein are found sufficient or reasonable which ..... incumbency on the part of the railway administration and the concerned officers in relation to facilitating the appointment on compassionate ground to the persons who happened to be minors at the time of death of an employee while in service, we have no hesitation in holding that there was sufficient cause and there is a fit and appropriate case for invocationof the proviso attached to section 21 of the act, as the representations had been ..... also, unfortunately, lost sight of by the tribunal, and in fact, it would have been better and desirable to draw the attention of the tribunal on behalf of the railway board that these are requirements so as to see that the persons who are entitled and eligible to be appointed after the death of a nearand dear and kith and kin ..... we have no hesitation in holding that by taking the overall picture from the provisions incorporated in the scheme by the railway authority, through the railway board, which would clearly go to show that the scheme is not devised to see that the rightful person is given appointment without any .....

Bhanwarlal and ors. Vs. Rajasthan State Road Transport Corporation and ...

Court : Rajasthan

Reported in : (1985)ILLJ111Raj

..... 's case (supra) relates to a civil servant and article 311 is applicable to them only but, as per the detailed dissection of motiram deka's judgment, i have deduced that article 14 of the constitution was held to be violated by the indian railway establishment code and, therefore, it would be putting a very narrow construction to circumscribe the ratio of motiram deka's decision to be based on article 311, only. ..... observed that arbitrary and uncontrolled power is left in the authority to select at its will any person against whom action will be taken and the rules thus enable the authority concerned to discriminate between two railway servants to both of whom the rules equally applied by taking action in one case and not taking it in the other. ..... smith's case (supra) and tejbhan singh's case (supra) and a number of other decisions, referred to above, repeatedly observed that, since the making of a reference depends upon the decision of the government under section 10 of the act and is not of his right, the remedy of getting a reference made or making effort for it cannot be termed as an appropriate efficacious, speedy, alternative remedy.155. ..... , who had given a concurrent judgment that other four judges have indirectly held in analogous rule of relevant railway establishment code being, 148 and 149 as ultra vires of article 14 of the constitution on the principal ground that it gives un-canalised, unguided powers to termination of service of one employee and retained other one. .....

Tamil Nadu Outdoor Advertising Association, represented by Its Secreta ...

Court : Chennai

Reported in : AIR2003Mad340; (2003)1MLJ812

..... of renewal is a fresh grant though it breaths life into the operation of the previous lease or licence granted as per existing appropriate provisions of the act, rules or orders or acts intra vires or as per the law in operation as on the date of renewal. ..... it is stated that members of the petitioner association have applied for allotment of site for erecting hoarding structure in the railway land to the senior divisional commercial manager, southern railway (hereinafter described as third respondent), who after making necessary inspection about the safety, security and other aspects of the site, permitted the members of the petitioner association to erect the ..... when one of the hoarding structure fell down on the railway track due to digging of a trench by the state government and not due to the fault of the railway contractor or structural stability, the railway administration immediately intimated by letter dated 19-10-2001 that after thorough inspection of the railway track, 23 hoarding structures were hazardous and they should ..... they have specifically referred to the incident that took place on 14-10-2001 at guindy railway station where one hoarding fell down on the main railway track itself due to wind and rain, heavily damaging the overhead equipment affecting the ..... such a safety measure is inevitable, having regard to the recent incident that took place at guindy railway station on 14-10-2001 damaging the overhead equipment and affecting the train movement and taking note of the .....

Union of India (Uoi) Vs. Pawandas (Pawan Kumar) Pvt. Ltd. and Five ors ...

Court : Kolkata

Reported in : (2003)3CALLT342(HC)

..... , learned counsel appearing for the claimants, submitted that since the arbitrator was appointed by this court under section 11 of the arbitration and conciliation act, 1996 after affording adequate opportunity of hearing to the parties the railways were not entitled to raise the issue of jurisdiction and that too at the 54th sitting. mr. ..... at no point of time either before this court or before the arbitrator at the appropriate stage objection was raised by the applicant that subject claims were either hit by the ouster clause or were not arbitrable in view of clause relating to 'excepted ..... the application made before this court was premature it was open to the railways to appoint arbitrator at the appropriate stage. ..... (4) on receipt of an application under sub-section (1), the court may, where it is appropriate and it is so requested by a party, adjourn the proceedings for a period of time determined by it in order to give the arbitral an opportunity to resume the arbitral proceedings or to take such other action as in the opinion of arbitral will eliminate ..... under section 16 of the said act, 1996 the issue of jurisdiction was to be raised at the appropriate time being any time before or at the time of filing of the counter statement ..... whether contractor had raised appropriate objection at the appropriate time and thereby reserved their right to claim damages and/or any other extra cost irrespective of ouster clause was a relevant aspect and had been gone into by the arbitrator .....

Shivaprasad Singh Vs. Prayagkumari Debee and ors.

Court : Kolkata

Reported in : AIR1935Cal39

..... the plaintiffs who from the very beginning took up an unreasonable and obstructive attitude, and that though they subsequently came round and consented to a settlement which was duly effected and was also acted upon for a good long time, they eventually went back upon the settlement at the instigation of some of the self-seeking and intriguing officers of the raj, who, to serve their ..... held that in absence of a specific rule, applicable to cases like this in india, the courts are entitled to follow the broad and just principle underlying the english statute law, which culminated in the apportionment act of 1872, and held that, as a matter of equity and good conscience, the assignee of the tenant-for-life was entitled to an apportionment of the rent due up to the date of the death ..... the other hand it has been denied by vaughan b, that the bare possession of goods would not make a man executor of his own wrong unless he undertook to do some acts which none but an executor could lawfully do; and a distinction may be taken between goods which are in a man's possession at the death of the deceased and goods which he ..... , to the power of trustees to release or compound debts under the english trustee act 1925, and the power of personal representatives as to appropriation under the administration of estates act 1925(lewin on trusts, edn. 13, p. ..... paying money to his creditor the debtor may at the time of payment, appropriate it to any particular debt, even though the creditor says he takes it .....

Agarwala and Co. and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR2007Cal90

..... it further appears to me in view of the provisions of sub-section (4) of section 72 of the railways act, 1989 that the railway authority has the power to take appropriate steps in case the weight of the goods exceeds maximum carrying capacity. ..... samanta further submits that on receipt of the representation dated october 30, 1991 with a request of reweighment of the said consignment in presence of the petitioners, as per provisions of paragraph 1744 of the indian railway commercial manual-ii read with the provisions of section 79 of the railways act, 1989, it was not permissible for the respondent authority to sit tight over the matter. mr. ..... therefore, i find that a power is given to the respondent authority in accordance with the provisions of the railways act, 1989 for re-weighment of the goods and to take steps in respect of off loading of goods in excess of the maximum carrying capacity. ..... i further find that sub-section (4) of section 72 of the railways act, 1989 authorises the railway authority to maintain maximum carrying capacity of the wagon for the purpose of safety. ..... therefore, there was no irregularity or non-compliance of any provision of the railways act on the part of the railways authority to accept the sender's weight. ..... it was permissible in accordance with the provisions of proviso to section 65 of the railways act, 1989 if the facility of weighment is not available at a station. .....

British Oxygen Co. Vs. South of Scotland Electricity Board. British Ox ...

Court : House of Lords

..... having ever been recovered in a case of undue preference under the railway acts or earlier electricity acts, except in the somewhat doubtful decision of budd v. ..... be taken into account as between two traders, one of whom has, but the other has not, that advantage, says: "all that i have to say is that i cannot find anything in the act which indicates that when you are left at large, for you are left at large, as to whether as between two traders the company is showing an undue and unreasonable preference to the one as compared with ..... evident that the fuel clause cannot operate to produce a charge for the high-voltage supply which is appropriate to the defenders' costs, since for every penny by which the cost of fuel rises above 38s ..... charges for high-voltage and low-voltage supplies appropriate to these defenders' costs at that time. ..... voltage were fixed at levels which, when adjusted by the operation of the fuel clause, resulted in charges for high voltage and low voltage supplies appropriate to these defenders' costs at that time. ..... in this house, although not with the same exhaustiveness as on this appeal, and some doubts were expressed as to the competency or appropriateness of this remedy. ..... it is certainly more appropriate, where one person is being required to pay more than a large group of other people: one would, i think, say that discrimination is being exercised against him, ..... any consumer is entitled to demand a preference from the supplier in appropriate circumstances. .....

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 .....

P.S.Rawal and ors Vs. Union of India and ors

Court : Delhi

..... the ministry of personnel, public grievances and pension (government of india) looked into the grievance and took a conscious decision that the recommendations of the ministry of railways made in the year 2001 to constitute railway protection force as an organized group a central service merited approval resulting in an office memorandum dated november 20, 2003 being issued, which reads as under: office m emorandum w.p ..... being shouldered by ig/hqrs who assists dg in all matters pertaining to establishment and who has to co-ordinate with different states and also with the ministry of home affairs for manpower planning, law and order, railway security and other matters, it is proposed that the post of ig/hqrs, presently being operated in sa grade should be operated in the rank of additional director general (scale of pay rs. ..... accordingly, the single post of adg has consistently been filled by calling for names of suitable ips officers of appropriate seniority, eligible for appointment at additional dgs level at the centre, from dop&t, and on approval of such appointments by the acc.13 ..... the facts are that the rpf is an armed force of the union, and governed by provisions of the railway protection force act (the act). ..... the relevant part of the memorandum reads as follows: the recommendations of 6th cpc have been considered by the government and the ccs (revised pay) rules 2008 have since been notified on 29th august, 2008. ..... 14017/61 /2008-estt (rr)/pt dated 18.01.2011 (copy enclosed) .....