Court : Guwahati
..... the order dated20.10.2010 by the chief executive officer, assam board of wakfs, guwahati with a direction to the writ appellant/writ petitioner to hand over the charge to the badarpur bazar (railway) jame masjid committee which was entrusted to take over the management of the estate temporarily for a period of one year. ..... in short, has to be sketched for appropriately appreciating the arguments advanced on behalf of the ..... das, learned senior counsel for the appellant, has urged with reference to section 64 of the act and rule 52 of the wakf rules, 1998 (assam), that as the prescribed procedure for conducting the enquiry laid down therein had not been adhered to, the proceedings thereof ..... badarpur bazar (railway) jame masjid committee being aggrieved by the abandonment of the enquiry approached this court with wp(c) no.1500 of 2008. ..... writ appellant/writ petitioner had not during the furtherance of the enquiry taken any plea of violation of the aforementioned provisions of the act and the rules invalidating the same. ..... dated 19.8.1995 of the secretary, assam board of wakfs, (for short, hereinafter referred to as the board), dispur, guwahati, on provisional basis subject to the approval of the board as per provisions of the wakf act, 1954 (for short, hereinafter referred to as the act). ..... assam board of wakfs, guwahati, to make an enquiry into the allegations levelled against the writ appellant/writ petitioner and take necessary action in accordance with the provisions of the act. 6. .....
Tag this Judgment!Court : Guwahati
..... the order dated20.10.2010 by the chief executive officer, assam board of wakfs, guwahati with a direction to the writ appellant/writ petitioner to hand over the charge to the badarpur bazar (railway) jame masjid committee which was entrusted to take over the management of the estate temporarily for a period of one year. ..... in short, has to be sketched for appropriately appreciating the arguments advanced on behalf of the ..... das, learned senior counsel for the appellant, has urged with reference to section 64 of the act and rule 52 of the wakf rules, 1998 (assam), that as the prescribed procedure for conducting the enquiry laid down therein had not been adhered to, the proceedings thereof ..... the badarpur bazar (railway) jame masjid committee being aggrieved by the abandonment of the enquiry approached this court with wp(c) no.1500 of 2008. ..... writ appellant/writ petitioner had not during the furtherance of the enquiry taken any plea of violation of the aforementioned provisions of the act and the rules invalidating the same. ..... dated 19.8.1995 of the secretary, assam board of wakfs, (for short, hereinafter referred to as the board), dispur, guwahati, on provisional basis subject to the approval of the board as per provisions of the wakf act, 1954 (for short, hereinafter referred to as the act). ..... assam board of wakfs, guwahati, to make an enquiry into the allegations levelled against the writ appellant/writ petitioner and take necessary action in accordance with the provisions of the act. 6. .....
Tag this Judgment!Court : Delhi
..... respondent's positive representation to the claimant through its nit and rfp document was as if the 68.513 kms of stretch was complete and available for collection of toll; the claimant acted upon and proceeded to deposit the bank guarantee and performance security on the basis of the same assumption that the complete 68.513 kms stretch of road was for toll collection. ..... omp4632015 page 19 of 21 lordship further clarified the meaning of expression public policy of india and what it includes therein and held that violation of the provisions of the foreign exchange act, disregarding orders of superior courts in india and their binding effect, if disregarded, would be violative of the fundamental policy of indian laws. ..... the forfeiture and appropriation of the performance security and bank guarantee of rs.10.35 crores was held to be illegal and bad in law and was set ..... (c) under rule 3 of the national highway fee (determination of rates and collection) rules 2008, the power to collect toll fees arises only when the highway is complete in all respects ..... will be open to the newly appointed arbitrator to seek any additional documents, pleadings or evidence from the parties if he so considers appropriate.35. ..... the learned arbitrator has recorded omp4632015 page 16 of 21 a finding that the petitioner lacked the powers to issue a tender in view of section 6 of the national highways authority of india act and rule 3 of the national highways fee (determination of rates and collection) rules 2008. .....
Tag this Judgment!Court : Kerala
..... (2008 (4) klt682, that the appropriate course of action would be for the pension board to put up a case for consideration of the competent authority under the act. ..... the context of passage of time is a relevant aspect considering the dictum laid down by the honourable supreme court in chairman, railway board and others v. ..... 24.06.2008. .....
Tag this Judgment!Court : Delhi
..... the petitioner for the same scale of pay as officials with the same designation are paid in the central secretariat was premised on section 5d(7) of the employees' provident funds and miscellaneous provisions act, 1952 (epf act) and which is as under:- "(7) (a) the method of recruitment, salary and allowances, discipline and other conditions of service of the additional central provident fund commissioner, deputy provident fund commissioner, regional w.p ..... . the division bench of this court in director general esi corporation (supra) also was concerned with section 17 of the employees state insurance act, 1942 which is found to be in pari materia to section 5d(7) of the epf act and held that it had not been established, in what manner the jobs and functions of assistants of esic were said to be equivalent to assistants in central secretariat services and that it may be ..... of the petitioner employer to the jurisdiction of the industrial adjudicator for the reason of being a government department is concerned, the id act while defining the "appropriate government" in section 2(a) thereof itself defines that the appropriate government in w.p ..... 608 and general manager, northern railways v ..... keshab deb (2008) 8 scc 402 held that section 28 of the administrative tribunals act itself saves ..... . uppal (2008) 7 scc 375 in the face of the employer haryana state minor irrigation tubewells corporation not producing any evidence to establish that the working conditions, responsibilities and nature of .....
Tag this Judgment!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, .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR72; 2008(3)BomCR516; (2008)110BOMLR1555
..... rules, (iii) overall dimensions of motor vehicles (prescription of conditions for exemption) rules, 1991 and (iv) notifications issued under rule 12(1) of central motor vehicle rules, 1989 and section 109(3), 110(1)(k) of the motor vehicles act as also appropriate instructions issued by the central government, learned counsel for the state government fairly states that he would like to look into the matter, but as of date there is nothing on record to show that manufacture of such vehicles ..... so far as the issues raised before this court are concerned, the following directions given by the court is required to be considered in extenso:(i) the civic authorities including dda, the railways, the police and transport authorities, are directed to identify and remove all hoardings which are on roadsides and which are hazardous and a disturbance to safe traffic movement. ..... the learned counsel shri singhvi appearing for the corporation argued that in the letter dated 19th march, 2008, the commissioner has mentioned only factual submissions, and submitted that from the bare reading of the letter as such there was nothing mentioned which would indicate that he had attempted to overreach order of the ..... on oral request made by the learned counsel for the petitioner as well as averments made in para 12 of the affidavit filed on behalf of the corporation today, court notice be issued to both the western and central railways through their general manager, returnable on 28th april, 2008. .....
Tag this Judgment!Court : Mumbai
..... , then irrespective of whether the arbitration is by a sole arbitrator or by a three-member tribunal, the chief justice or his designate will exercise power under sub-section (6) of section 11, if a party fails to act as required under the agreed procedure (or the parties or the two appointed arbitrators fail to reach an agreement expected of them under the agreed procedure or any person/institution fails to perform any function entrusted to him/it ..... forming part of the purchase order is extracted as under:- (a) any disputes or difference of any nature whatsoever any claim, cross-claim, counter-claim or set off of the corporation against the contractor or regarding any right, liability, act, omission or account of any of the parties hereto arising out of or in relation to this agreement shall be referred to the sole arbitration of the director (marketing) of the corporation or of some officer of the corporation ..... about the neutrality or bias against the learned arbitrator of his appointment by the director (marketing), they would be always at liberty to file appropriate application under section 12 of the arbitration and conciliation act, 1996 before the learned arbitrator. 23 ..... , after hearing the parties allowed the application by the impugned order dated 26.9.2008, and appointed a retired high court judge as sole arbitrator to decide ..... pipeline (supra) and bharat battery (supra) were sought to be harmonised by a three-judge bench of this court in northern railway administration v .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2GLR952
..... the same matter for so long as the commission appointed by the state government is functioning, unless the central government is of opinion that the scope of the inquiry should be extended to two or more states.section 2 of the coi act defines appropriate government as the central government, in relation to a commission appointed by it to make an inquiry into any matter relatable to any of the entries enumerated in list i or list ii or list iii in the seventh schedule to the ..... what cannot be directly done by virtue of the prohibitions contained in the coi act or in section 119 of the railways act cannot be permitted to be done indirectly by appointment of a committee.9.2 merely because the offence involved damage to the property of the railway administration or merely because the victims happened to be railway passengers, these aspects do not detract from the fact that the matter pertained to maintenance of law and order and public order and that the ..... of the parliament.as regards the prejudice likely to be caused if the report of the committee is permitted to be circulated and discussed, apart from the fatal illegality in the appointment of the committee, clause (b) of rule 2(6) of the statutory investigation into railway accidents rules, 1998 is itself a statutory recognition of the principle being canvassed by the original petitioner :- 2(6)(b) if, as a result of the police investigation a regular case is lodged in a criminal court by the police or arising out of the accident, .....
Tag this Judgment!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. .....
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