Judgment Search Results Home > Cases Phrase: appropriation railways no 3 act 2008 Sorted by: recent Page 1 of about 3,458 results (0.069 seconds)

Common Cause Vs. Union of India .

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 .....

Siddhardha Constructions Pvt. Ltd. Vs. Union of India (Uoi) Rep. by Ge ...

Court : Andhra Pradesh

Reported in : 2009(2)ALT440

..... in this context it will be appropriate to notice what the supreme court has pointed out in northern railway administration case cited 2008 (3) arb. l.r. ..... according to the applicant it has made a request on 21-01-2008 seeking the general manager, south central railway, secunderabad, in terms of sub-sections (5) and (6) of section 11 of the act, to refer the claims/disputes for resolution to the arbitral tribunal. ..... it has been held that when once the notice period of thirty days had expired and one of the parties to the agreement had already moved the chief justice or his designate under section 11(6) of the act, the opposite party, having right to appoint the arbitrator under the arbitral agreement, loses the right to do so. ..... this application has been moved under sub-section (6) of section 11 of the arbitration and conciliation act, 1996, (henceforth referred to as 'the act'), seeking intervention for appointment and constitution of the arbitral tribunal for resolving the disputes that are, said to have, arisen between the parties.2. ..... therefore, in the instant case, the general manager, who is the competent authority, under clause 64 of the general conditions of contract of the engineering department of the railways, to constitute the arbitral tribunal, has lost out his power to take any steps for constituting the arbitral tribunal after 17-06-2008, the date on which the applicant herein has moved the designate of the chief justice under sub-section (6) of section 11 of the act. .....

Lipton India Limited Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2009)22VST230(All)

..... or not over the tea bags produced of etah branch or whether the department has got right to issue notice under section 15a(i)(qq) of the act, recorded a finding that since the enquiry is pending before the subordinate authority (sales tax officer), it is appropriate that the controversy may be adjudicated by the sales tax officer. ..... 2008] uptc 21, radha krishna mahavir prasad, northern railway ..... as ansal papers [2008] uptc 21, relied upon by the learned additional chief standing counsel does not relates to the controversy where the state government has taken action for imposition of penalty on an industry where exemption was granted under section 4a of the act. ..... amount by way of trade tax on sale or purchase of goods or any amount in lieu of trade tax on sale or purchase of goods by giving it a different name or colour; and no dealer registered under this act, shall, in respect of any sale or purchase made by or through him, realize from any person, other than a person to whom goods are sold by him, any amount by way of trade tax on sale or ..... or contract for doing or failing to do something that it was the duty of a party to do.a penalty is in the nature of a punishment for the non-performance of an act, or the performance of an unlawful act, and in the former case stands in lieu of the act to be performed.the words 'penal' and 'penalty' strictly and primarily denote punishment, whether corporal or pecuniary, imposed and enforced by the state for a crime or offence against its .....

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. .....

Union of India Vs. Parmar 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 .....

North Western Railway Vs. M/S Bharat Spun Pipes and Construction Compa ...

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. Maya Construction Pvt. Ltd.

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 .....

North Western Railway General Manager Vs. M/S Sb Shc McDpl (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 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 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 .....