Judgment Search Results Home > Cases Phrase: northern india ferries act 1878 section 5 claims for compensation Court: us supreme court Page 1 of about 1,062 results (0.426 seconds)

State of Assam Vs. Tulsi Singh

Court : Supreme Court of India

Reported in : [1962]Supp3SCR508

..... short question that arises for our decision in this appeal is whether the settlement by the executive engineer, golaghat in the state of assam, of the ferry at neperpatty on the second respondent, phuka chandra gohain, on january 23, 1961 was in accordance with the provisions of the northern india ferries act, 1878, hereinafter referred to as 'the act', and the rules ..... the lessee shall conform to the rules made under this act for the management and control of the ferry, and may be called upon by the officer in whom the immediate superintendence of the ferry is vested, or, if the ferry is managed by a municipal or other public body under section 7 or section 7a, then by that body, to give such security for his good conduct and for the punctual payment of the rent as the officer or body, as ..... up to public auction, the said officer or body, as the case may be, or the officer conducting the sale on his or its behalf, may, for reasons recorded in writing, refuse to accept the offer of his highest bidder, and may accept any other bid, or may withdraw the tolls from auction.' ..... and the authorities would be exercising their discretion properly in refusing to accept the bid of a smuggler, because, to put such a person in charge of ferries must help to evade the prohibition laws, and that would be a relevant factor under rule 19(iii). ..... section 8, provides that the officer conducting the sale may, for reasons recorded in writing, refuse to accept the offer of the highest ..... section 8 of the act .....

Dewan Joynal AbedIn Vs. Abdul Wazed Alias Abdul Wazad Miah and ors.

Court : Supreme Court of India

Reported in : JT1987(4)SC642; 1987(2)SCALE1447; 1988Supp(1)SCC580; [1988]2SCR370

..... the management of a public ferry is governed by the provisions of the northern india ferries act, 1878 (hereinafter referred to as 'the ferries act') which has been extended to the state of assam. ..... section 12 of the ferries act makes provision for the promulgation of rules which inter alia may provide for the control and the management of all public ferries within a division and for regulating the traffic at such ferries; for regulating the time and manner at and in which, and the terms on which, the tolls of such ferries may be let by auction, and prescribing the persons by whom auctions may be conducted and when the tolls of the ferry have been let under section 8 of the ferries act for collecting ..... the rents payable for the tolls of such ..... the question for consideration is whether a person who takes on lease a ferry under section 8 of the ferries act becomes disqualified for contesting the election to the state legislature under section 9-a of the act. .....

Sri Satya NaraIn Singh Vs. District Engineer, P.W.D. and anr.

Court : Supreme Court of India

Reported in : AIR1962SC1161; [1962]Supp3SCR105

..... section 15 of the northern india ferries act, 1878 runs thus : 'toll, according to such rates as are from time to time fixed by the state government, shall be levied on all persons, animals, vehicles and other things crossing any river by a public ferry and not employed or transmitted on the public service : provided that the state government may from time to time, declare that any persons, animals, vehicles or other things shall be exempt from payment of such ..... from the state owned stage carriage buses when he was informed by a letter by the first respondent that he should allow the roadways buses to use the ferry for crossing and recrossing the river on credit till march 31, 1954 and should thereafter submit his bill with respect to the tolls to the roadways department of the government ..... , crossing the river by public ferry at pipraghat, district ballia was bound to allow state carriage buses belonging to the government of uttar pradesh to cross the river by the ferry without collecting any toll or was entitled to claim abatement of rent from the government under the proviso to ..... we may incidentally mention that apart from the reliefs above referred to, the appellant claimed two more reliefs, one of which was to pass any such other and further order as may be deemed fit and proper. ..... however, held that the appellant may be entitled to claim abatement of rent or licence fee under the general law but that such a relief could be claimed only in a suit but not a proceeding under art .....

The State of Uttar Pradesh Vs. Satya NaraIn Prasad

Court : Supreme Court of India

Reported in : AIR1970SC1199; (1969)3SCC679; [1970]3SCR198

..... a very short point arises in this appeal and this is whether the notice dated july 22, 1953, which we will reproduce presently, was in compliance with the provisions of section 10 of the northern india ferries act, 1878--hereinafter referred to as the act.3. ..... mathur, executive engineer, banaras provincial division, gave a notice to the respondent, dated july 22, 1953, in the following terras:subject lease of qazitola ferry notice is hereby given to you under section 10 of the northern india ferries act and included as clause 14 of your lease agreement that on expiry of six months notice from today, the lease of the above mentioned ferry in your favour as lessee will be terminated.' 4. ..... when any lease is cancelled under this section, the magistrate of the district in which such ferry is situate shall pay to the lessee such compensation as such magistrate may, with the previous sanction of the state government, award.the notice expired on january 21. ..... section 10 of the act, referred to in the notice, reads as follows:the state government may cancel the lease of the tolls of any public ferry on the expiry of six months notice in writing to the lessee of its intention to cancel such lease. ..... the plaintiff had prayed for a permanent injunction restraining the state from determining the lease and taking over possession of the qazitolla ferry.5. ..... satya narain prasad, respondent before us, was granted a lease of qazi tolla ferry for three years on october 18, 1951. .....

Suganmal Vs. State of Madhya Pradesh and ors.

Court : Supreme Court of India

Reported in : AIR1965SC1740; [1965]56ITR84(SC); [1965]16STC398(SC)

..... 15 of the northern india ferries act, 1878. ..... , we are of opinion that though the high court have power to pass any appropriate order in the exercise of the powers conferred under article 226 of the constitution, such a petition solely praying for the issue of a writ of mandamus directing the state to refund the money is not ordinarily maintainable for the simple reason that a claim for such a refund can always be made in a suit against the authority which had illegally collected the money as a tax. ..... we cannot use the construction placed on the words 'any law' in proviso (b) to section 45 of the specific relief act for the purpose of issuing a writ of mandamus in the exercise of powers under article 226 of the constitution and especially when two earlier cases of this court, already referred to, sepcifically state that a mandamus, for the recovery of money, could be issued only when the petitioner is entitled to recover that money j under some statute. 14. ..... whether the case of he appellant falls under the provisions of that section would be a point for decision in a regular sut and not in the proceedings under article 26. ..... in that case a writ of mandamus was prayed for under section 45 of specified relief act and the court had to construe the expression 'under any law for the time being in force' in proviso (b) to section 45. ..... reference is made to section 72 of the contract act for the contention that the state is duty bound to return the amount to the appellate. .....

In the Matter of an Application by Brigid Mccaughey and Another for Ju ...

Court : UK Supreme Court

..... told, 16 existing "legacy inquests" (involving 26 deaths) currently outstanding on the coroner's books, a further six incidents (involving eight pre-2000 deaths) referred by the attorney general to the coroner for inquests pursuant to section 14 of the coroners act (northern ireland) 1959 and a further 7 deaths (between august 1994 and january 2000) not yet the subject of inquests ..... claimant to bring a claim for breach of a convention obligation that occurred before the act came into force ..... claiming that a public authority has acted unlawfully may (a) bring proceedings against the authority, or (b) rely on the convention right or rights concerned in any legal proceedings: ..... police had been implicated in the pogrom and that a failure to carry out an adequate criminal investigation had deprived them of their opportunity to file a civil claim for damages against the state. ..... be achieved if claimants are able to bring in this jurisdiction claims that they would otherwise be permitted to bring before the ..... . his subsequent domestic claim raised the spectre that claims could be made under the hra for breach of a continuing duty to hold an inquest in respect of any death that had occurred since 1951 when this country ratified the convention, founded on the possibility that the death had ..... in a series of decisions the house of lords had decided that no claim lay in respect of an alleged breach of the convention if the facts giving rise to the alleged breach predated the entry .....

MoulIn Rouge Pvt. Ltd. Vs. Commercial Tax Officer and ors.

Court : Supreme Court of India

Reported in : AIR1997SC4186; JT1997(9)SC83; (1998)1SCC70; [1997]Supp5SCR122; [1998]108STC150(SC)

..... the question of leviability of food sold by a restaurant to its customers directly came up for consideration in the case of northern india caterers (india) ltd. v. lt. ..... being any such supply by any restaurant or eating house (by whatever name called), has been made at any time on or after the 4th day of january, 1972 and before the commencement of section 3 of the west bengal taxation laws (second amendment) act, 1983 and the aforesaid tax has not been collected on such supply on the ground that no such tax could have been levied or collected at that time :provided that the burden ..... tax -(a) where such supply has been made, by any restaurant or eating house (by whatever name called), at any time on or after the 7th day of september, 1978 and before the commencement of section 3 of the west bengal taxation laws (second amendment) act, 1983 and the aforesaid tax has not been collected on such supply on the ground that no such tax could have been levied or collected at that time; or(b) where such supply, not ..... of proving that the aforesaid tax was not collected on any supply of the nature referred to in clause (a) or, as the case may be, clause (b) shall lie on the person claiming the exemption under this sub-section.'7. .....

Orient Papers and Industries Limited and Another Vs. Tashildar-cum-irr ...

Court : Supreme Court of India

Reported in : 1998VIIAD(SC)99; AIR1998SC3330; 87(1999)CLT108(SC); JT1998(6)SC247; 1998(5)SCALE161b; (1998)7SCC303; [1998]Supp1SCR442

..... being dissatisfied by the order made by the appellate authority, the appellant preferred a revision petition under section 48 of the act before the divisional commissioner, northern division, sambalpur who rejected the same with a modification to the extent that the rate of tax for the unauthorised use of water was reduced to four times the bulk rate instead of 6 times as imposed by the lower authorities. ..... they also held that under section 21(2) of the act supply of water for purpose other than irrigation is also covered and therefore, the contention that they draw water for the purpose other than irrigation and therefore, the statute has no application was held to be untenable. ..... as long as the source of water from which supply is made is for irrigation as defined under section 4(9) of the act, the authorities under the act were empowered to levy the water rate for cess. ..... irrigation work is defined under section 4(d) of the act as to include all land occupied by government for the purpose of reservoir, tanks etc. ..... under section 28 of the act, the irrigation officer is empowered to fix the compulsory basic water rate for supply of water from a government source as distinguished from a private source.16. ..... (2) the water is drawn by the appellants at a point which is within the hirakund reservoir area and as such the appellant do not draw water for any irrigation work as defined under section 4(9) of the act. .....

Hariprasad Shivshankar Shukla Vs. A.D. Divikar

Court : Supreme Court of India

Reported in : AIR1956SC121; (1957)59BOMLR384; [1957]1SCR121

..... 25i of the act the claim for retrenchment compensation, if found to be legally valid, can still be enforced ..... any transfer or closure of business and any change of employer or management was judicially held to give rise to a claim for retrenchment compensation, with consequences which might result in a complete industrial deadlock. ..... therefore, submitted before us that these appellants will be content to abide by our decision on the principal question in theses two appeals, namely, the validity or otherwise of the claim for retrenchment compensation under clause (b) of s. ..... at the expiration of 12 calendar months next after the current month and the contracts shall terminate accordingly on the expiration of 12 calendar months next after the current month and the president of india will on the 1st day of january, 1954, purchase and take over the entire railway system of the company including all the extension and all the railway together with all its rolling stock ..... the learned attorney-general, who has appeared for the principal respondent in one of the appeals, has pointed out that if the definition clause covers the case of termination of service in a continuing business as also termination of service on a closure of business, the circumstance that sections 25g and 25h provide for some instances of retrenchment only is no ground for holding that they exhaust all possible cases of ..... is not an inflexible rule, and as stated in the great northern railway co. v. ..... great northern railway .....

Commissioner of Sales Tax, Lucknow Vs. D.S. Bist and Sons, Nainital

Court : Supreme Court of India

Reported in : AIR1980SC169; (1979)4SCC741; [1980]1SCR593; [1979]44STC392(SC); 1980(12)LC220(SC)

..... the definition of 'turnover', given in section 2(i) of the act at the relevant time stood as follows :-turnover' means the aggregate amount for which goods are supplied or distributed by way of sale (or are sold), or the aggregate amount for which goods are bought, whichever is greater by a dealer, either directly or through another, on his account or on account of others, whether for cash or deferred payment or other valuable consideration :provided that the proceeds of the sale by a person of agricultural or horticultural produce, grown by himself ..... in the tropical areas of southern india, ceylon, and indonesia, harvest continues throughout the year, but in the subtropical regions of northern india and china and in japan and formosa, the harvests are seasonal. ..... at page 54.4 of the first case which was followed in the second occurs a passage which may be usefully quoted here :-as we have pointed out, it was common ground that there is no market in coimbatore or elsewhere for areca-nuts as they are when plucked from the trees, and it should be remembered they are gathered when they are still unripe. ..... none the less, in the instant case one can safely conclude, as i have done, that with a view to prevent deterioration and for the purpose of facilitating transport and making it marketable the assessee himself did some processing to the plucked tea-leaves and hence the high court was right in holding that such sales were not .....