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Judgment Search Results Home > Cases Phrase: indian railway board act 1905 section 4 repealed Page 1 of about 259,015 results (3.641 seconds)

Feb 19 1959 (HC)

Puttu Lal Vs. General Manager, N.E. Railway, Gorakhpur and anr.

Court : Allahabad

Reported in : AIR1960All438

..... this omission does not render them invalid. the reason is that section 2 of the indian railway board act (act iv of 1905) authorises the central government to invest the railway board with all or any of its powers and functions under the railways act, while in exercise of the powers conferred by this provision the central government issued notification ..... petition has arisen in the following circumstances. the railway board, which is admittedly the 'officer' appointed by the central government under section 47(1) of the indian railways act, 1890 (hereinafter referred to as the act), in exercise of powers vested in it by section 47 of the act, issued a notification dated 18-2-1926 ( ..... that wharfage is included in terminals, hence any charge for wharfage over and above the terminals falls beyond the ambit of the act and is therefore illegal; second, that the railway board, in its capacity as the 'officer' under section 47 (1), alone can enhance the rates and cannot delegate this power .....

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Apr 18 1928 (PC)

The Municipal Council Vs. the Bombay Company, Ltd.

Court : Chennai

Reported in : AIR1929Mad409; (1929)56MLJ525

..... 'suits for damages or compensation.' (see also paragraph 700 of halsbury's laws of england, vol. 23, page 346). in view of the express language used in the indian enactment, i do not think a discussion of the question whether an action of this kind would come within the description of the old form of action known to english ..... english law.22. decisions of the english courts under the public authorities protection act and section 264 of the public health act which it repealed, waterhouse v. keen (1825) 4 b. & c. 200 : 107 e.r. 1033, selmes v. judge (1871) 6 q.b. 724, midland railway co. v. withington local board (1883) 11 q.b.d. 788, cree v. st. pancras ..... to be taxed.9. the appeal will be dismissed with costs.madhavan nair, j.10. the plaintiff, the bombay company, limited, is a company incorporated under the indian companies act and carries on business in madras and elsewhere. the defendant, the municipal council of dindigul, is a corporation constituted under the district municipalities .....

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Aug 31 1964 (SC)

Mukund Deo (Dead) Represented by His Legal Representatives Kasibai and ...

Court : Supreme Court of India

Reported in : AIR1965SC703

..... judicial committee denied to an aggrieved litigant a right to appeal to his majesty in council under section 66-a of the indian income-tax act (which for the first time conferred a right of appeal against the judgment of a high court) when the judgment ..... refining co. ltd. v. irving, 1905 ac 369, lord macnaghten in delivering the judgment of the judicial committee observed:'the judiciary act is not retrospective by express enactment or by necessary intendment. and therefore the only question is, was the appeal to his majesty ..... civil procedure was repealed, and the code of civil procedure (act 5 of 1908) was extended on april 1, 1951 to the part 'b' state of hyderabad after it became part of the indian union and the power to hear and decide the second appeal ..... before the high court was derived from section 100 of the code of civil procedure (act 5 of 1908), and the high court could not .....

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Aug 11 1939 (PC)

Abu Shahid Vs. Abdul Hoque Dobhash and anr.

Court : Kolkata

Reported in : AIR1940Cal363

..... nowbut pattak (1905) 32 cal. 837. but the learned judges who decided that case, nowhere said that the principle underlying queen anne's statute was inapplicable as being unsuitable to indian circumstances. on the other hand, they expressly followed the decision in henderson v. eason (1851) 17 q.b. 701 mentioned above and held on the authority of that case that ..... and indemnities of a receiver. if it was an action for money had and received, the defendant's liability would be absolute. there is no specific article in the limitation act to regulate a case of accounts between one co-owner and another, and it seems that it would not be improper to apply article 120 to such a case. this ..... the common property by defendant 1 in the present case. to show ouster it must be found that there was an exclusive possession by one co-owner connected with some act amounting to a total denial of the rights of the co-owner who is out of possession. no such case was made by defendant 1 in his written statement .....

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Nov 14 1980 (SC)

Akhil Bharatiya Soshit Karamchari Sangh (Railway) Represented by Its A ...

Court : Supreme Court of India

Reported in : AIR1981SC298; 1980LabIC1325; (1981)ILLJ209SC; (1981)1SCC246; [1981]2SCR185

..... railways. the central government is statutorily empowered to invest the railway board with all or any of the powers and functions of the central ..... assimilated to his understanding the greatest number of facts.the facts25. the indian railways, with an impressive record of expansion, employs colossal numbers of servants in various typically hierarchical classes and grades. while the indian railways act, 1890, substantially regulates many of the functions of the railway administration in india, the railway board is constituted under the indian railway board act, 1905, with a view more effectively to control the administration of .....

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Aug 11 1965 (HC)

Observer Publications Private Ltd. Vs. Railway Board Ministry of Railw ...

Court : Punjab and Haryana

Reported in : AIR1966P& H417

..... general license which is not intended to be issued for every single item of publication.9. the question of competency of the petition can be disposed of briefly, the indian railway board act of 1905 has been enacted for the purpose of investing the railway board with powers of central government. under section 2, the central government may, by notification in the official gazette, invest the ..... conditions-'(a) with all or any of the powers or functions of the central government under the indian railways act, 1890, with respect to all or any railways, and(b) * * *'it is accepted by both parties that the railway board is acting under a notification issued in this behalf. the railway board is thus invested with all the powers of the central government. it was not necessary in this .....

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Apr 21 1998 (SC)

Jagjit Cotton Textile Mills Vs. Chief Commercial Superintendent N.R. a ...

Court : Supreme Court of India

Reported in : 1998IVAD(SC)185; AIR1998SC1959; JT1998(3)SC297; 1998(3)SCALE209; (1998)5SCC126; [1998]2SCR1065

..... the powers under section 29 of the old act of 1890 (published in gazette on 18.10.69) of the central government.26. the effect of the ..... shows that the railway board was invested with powers of the central government under various sections including section 54 of the old act. again notification (no.trc/ 1079/69/11) dated 8.10.69 issued by the central government under section 2 of the indian railway board act, 1905 delegates to the railway board ..... government delegating its powers under section 54 and section 29 to the railway board are important. the notification of the government of india (no. 14-21, no. 81) dated 24.3.1905 published under section 2 of he indian railway board act, 1905 (act iv of 1905) and issued in the name of the governor-general .....

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Jul 29 2008 (SC)

Union of India (Uoi) Vs. Pushpa Rani and ors.

Court : Supreme Court of India

Reported in : (2008)7MLJ64(SC); 2008(10)SCALE567; (2008)9SCC243; 2009(1)SLJ1(SC); 2008AIRSCW6564; 2008(4)LH(SC)2993

..... to the posts of upper division clerks. it was argued on their behalf that the railway board does not have the power to frame the scheme or amend the same with retrospective effect. this court referred to the provisions of the indian railway board act, 1905, article 309 of the constitution and rules 157 and 158 of the code ..... (these rules are pari material to paras 123 and 124 of 1985 edition of the code) and held that the railway board's secretariat clerical service (re- organisation) scheme was ..... of a new category not already obtaining on a railway.123. the railway board have full powers to make rules of general application to group c & group d railway servants under their control.124. the general managers of indian railways have full powers to make rules with regard to railway servants in group c & d under their control .....

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May 12 2015 (HC)

Bagadiya Brothers Pvt. Ltd. and Anr. Vs. Union of India and Ors.

Court : Kolkata

..... the writ petitioners that, the rationalisation scheme has been issued by the railway board. the indian railway board act, 1905 invests the railway board with certain powers of functioning under the indian railways act, 1890. the railways act, 1989 has repealed the indian railways act, 1890. the indian railway board act, 1905 has not been amended to empower the railway board to act in terms of the railways act, 1989. consequently, the railway board has no jurisdiction to issue the rationalisation scheme being general order no.1 ..... powers or functions of the central government under the railways act, 1989. the indian railway board act, 1905 as it stands, empowers the central government to invest the railway authorities with all or any of the powers or functions of the central government under the indian railways act, 1890. the indian railways act, 1890 has been repealed by the railways act, 1989. section 200 of the railways act, 1989 deals with repeal and saving. section 200 of .....

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Mar 27 1968 (SC)

B.S. Vadera Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1969SC118; [1968(17)FLR411]; (1970)ILLJ499SC; [1968]3SCR575

..... , before us, by mr. k. l. mehta, counsel appearing for the petitioner, in writ petition no. 96 of 1967. 20. mr. mehta, by reference to the provisions of the indian railway board act, 1905 (act iv of 1905), and to the decision of this court in state v. padmanabhacharya : (1966)iillj147sc , urged that the 2nd respondent had no power to frame a rule, having retrospective ..... effect. in our opinion, this contention cannot be accepted. act iv of 1905 is an act to provide for investing the railway board with certain powers of functions, under the indian railway act, 1890. the preamble to that act shows that a railway board has been constituted, for controlling the administration of railways in india. section 2 provides that the central government, may, by notification, in .....

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