Judgment Search Results Home > Cases Phrase: appropriation railways no 3 act 2008 Sorted by: old Court: supreme court of india Page 2 of about 603 results (0.138 seconds)

Union of India Vs. M/S b.m. Construction Company

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 .....

Union of India Vs. M/S Balaji Builders and Developers

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 .....

Union of India Vs. M/S Kewal Construction Co. (Jv)

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 .....

Union of India Vs. M/S Rajendra Prasad Bansal Thr. Partner Rajendra Pr ...

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 .....

Union of India Vs. M/S Harinarayan Khandelwal Th. Director

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 .....

Union of India Vs. Sri Harsha Constructions

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 .....

Union Of India Vs. M/s Indian Oil Corporation Ltd

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. .....

A.V. D'costa Vs. B.C. Patel and Anr.

Court : Supreme Court of India

Reported in : AIR1955SC412; (1955)57BOMLR738; [1955]1SCR1353

..... the decision of the tribunal in this behalf was wrong, the appropriate remedy for the railway authority was by way of an appeal under section 17 of the act. ..... before us, the order of the tribunal proceeded on the view that the applicant was presently entitled to be treated as a monthly-rated temporary employee and not as a daily-rated casual labourer, by virtue of the directions of the railway board for the implementation of the scheme of classification and that therefore he was entitled to the appropriate higher wage. ..... it applies in the first instance to the payment of wages to persons employed in any factory or employed by a railway administration; but the state government has the power after giving three months' notice to extend the provisions of the act or any of them to the payment of wages to any class of persons employed in any class or group of industrial ..... a narrow construction would rob the machinery of the act of a great deal of its utility and would confine its application to cases which are not likely to arise often, in a well-ordered administration like the railways. ..... the respondent's claim to be placed on the scheme of higher wages had been unduly passed over by the appellant, if indeed he had the power to do so, the obvious remedy of the respondent was to approach the higher authorities of the railway administration by way of departmental appeal or revision; but instead of doing that, he has sought his redress by making his claim before the authority under the act. .....

Ram NaraIn Sons Ltd. Vs. Asst. Commissioner of Sales Tax and ors.

Court : Supreme Court of India

Reported in : AIR1955SC765; [1955]2SCR483; [1955]6STC627(SC)

..... made from the state of madhya pradesh by the petitioners to their depot managers and it was the depot managers who in their turn prepared and submitted their own bills and handed over the railway receipts to the respective customers appropriating the goods themselves to the contracts of sale which had been entered into by them with the latter and completing the sales in the state of uttar pradesh. ..... the facts as found by the sales tax authorities also emphasized that these transaction fell within the definition of sale contained in the explanation ii to section 2(g) of the act and that so far as the post-constitution period was concerned by they were saved from the ban of article 286(1)(a) and the explanation thereto by the president's order made under the proviso to article 286 ..... for consumption; the state of bombay will be able to tax because the title to the goods passed there; and the state of madhya pradesh will also be able to tax under the explanation ii to section 2(g) of the act because the goods were in the state of madhya pradesh at the time when the contracts of sale were made in the state of bombay. ..... the sales tax authorities treated all these transactions as transactions of sale coming within the definition contained in explanation ii to section 2(g) of the act and assessed the petitioners to sales tax in respect of the same, negativing the contentions of the petitioners that they were in any event sales effected by them outside the state of madhya pradesh and that .....

The Union of India (Uoi) Vs. the Commercial Tax Officer, West Bengal a ...

Court : Supreme Court of India

Reported in : AIR1956SC202; [1955]2SCR1076; [1956]7STC113(SC)

..... imminent second world war, the contracts directorate and the indian stores department were in 1940 amalgamated with the department of supply so that in 1941, when the act was passed, the position was that department of supply as reorganized on the 3rd august, 1940 included amongst its activities and functions the purchase of stores for the needs of ..... line of reasoning this interpretation will unduly narrow the scope and ambit of the exemption by limiting it to sales of only those goods as, at the date of the act, used to be sold to those two departments and sales of other goods even to those two departments, however necessary for the prosecution of the war, would not ..... been urged that the real object of section 5(2)(a)(iii) was to give exemption not to the particular departments but to the sales of such goods as, at the date of the act, used to be made to those departments and, therefore, sales of those goods made to any department of the government of india which came to be charged with the duty ..... functions of the department, inter alia, were to act as a purchasing and inspection agency, and in an advisory capacity in all matters connected with the purchase of stores for the public services, on behalf of all central departments of the government and of the minor local governments and also on behalf of such major local governments, company worked railways, corporations, port trusts, municipalities and quasi public ..... court of calcutta for an appropriate writ under article 226 of .....