Judgment Search Results Home > Cases Phrase: railway claims tribunal act 1987 chapter 1 preliminary Court: allahabad Page 1 of about 2,744 results (0.113 seconds)

Union of India (Uoi) Vs. Bhagwati Prasad and ors.

Court : Allahabad

Reported in : AIR1982All310; [1984]56CompCas396(All)

..... transport india pvt. ltd. (supra) the gauhati high court has observed that in view of section 110-b of the act there was no scope for inclusion of railway administration in proceedings before the claims tribunal and that if it was proved that the accident arose out of any negligence or rashness in the use of the motor ..... before us was with regard to the decision of the court below on the issue whether a claims tribunal exercising powers under section 110 of the motor vehicles act (hereinafter referred to as the act) has jurisdiction to entertain a claim against the railway. the contention raised by the union of india (the applicant herein) through the general manager, ..... the madras high court also founded its decision entirely on section 110-b of the act and observed that the claims tribunal was not empowered to adjudicate on the liabilities of railway even if it was held to be negligent. it held that the railway was therefore not a necessary party. even so., the madras high court held that .....

Jai Singh Vs. Garhwal Motor Owners and ors.

Court : Allahabad

Reported in : AIR1982All480

..... before the amendment there was no provision for motor accident claims tribunals. 10. section 102 speaks of a claim under the provisions of this chapter, that is chapter viii of the motor vehicles act, as the kind of claim in respect of which the death of a person in whose favour a certificate of insurance ..... against the insurer.'chapter viii, of which section 102, motor vehicles act, forms part provides for compulsory insurance of motor vehicles against third party risks. after the amendments made in 1956, it also provides for recovery of compensation by the appointment of motor accidents claims tribunals under section 110 to section 110-f and section 111-a. ..... after the death of the party, the relief sought could not be enjoyed or granting it would be nugatory.illustrations: (i) a collision takes place on a railway in consequence of some neglect or default of an official, and a passenger is severely hurt, but not so as to cause death. he afterwards dies without having .....

U.P. State Electricity Board and Another Vs. Labour Commissioner, U.P. ...

Court : Allahabad

Reported in : 1999(3)AWC2716; (2000)ILLJ651All

..... our opinion, therefore, the labour commissioner, u. p. while exercising the power under the proviso to rule 25 (2) (v) (a) of the u. p. rules, acts as a tribunal' and consequently, the judgment under challenge would not be appealable under chapter viii. rule 5 of the rules of court.7. in any case, the labour commissioner, for the ..... called upon to decide as to whether the regional dy. director of education exercising the power under section 16a (7) of the u. p. intermediate education act, 1921, constitutes a tribunal' within the meaning of rule 5 of chapter v1i1 of the rules of court. the full bench held that the regional dy. director of education while exercising ..... powers under section 16a (7) of the u. p. intermediate education act 1921 'cannot be said to be functioning as tribunal within the meaning of rule 5 in chapter viii of the allahabad high court rules'. the full bench was of the view that 'for determining .....

Jai Prakash Agarwal Vs. Prescribed Authority/S.D.M., Sadar, Deoria and ...

Court : Allahabad

Reported in : 1998(4)AWC10; (1999)1UPLBEC697

..... (1996) 3 uplbec 1617 (fb), while consideringas to whether the deputy director of education deciding a dispute under section 16a (7) of u. p. intermediate education act, 1921, is a tribunal or not, after examining various authorities, held in paragraph no. 16 as under :'it would appear that to determine the question whether an authority is a ..... is that if the order has been passed by the learned single judge in a writ petition under article 226 filed against any judgment, order or award of tribunal. court or statutory arbitrator, special appeal shall not be filed. thus, for deciding the preliminary objection raised on behalf of respondents, it is necessary to determine ..... is called by the registrar under sub-section (2). no other meeting shall be called for the purpose of election by any other authority or by any person claiming to be an office-bearer of the society. explanation.--for the purposes of this section, the expression 'prescribed authority' means an officer or court authorised in .....

Commissioner and ors. Vs. Jaswant Sugar Mills Ltd. and ors.

Court : Allahabad

Reported in : 2003(1)AWC44

..... nagar sugar mills v. shyam sunder : [1962]2scr339 , it was held that the central government exercising appellate powers under section 111 of the companies act, 1956, even before it was amended by act 65 of 1960 act as a tribunal exercising judicial functions and is subject to the appellate jurisdiction of the supreme court under article 136 of the constitution. hidayatullah, j., who gave ..... jurisdiction conferred by article 226 or 227 of the constitution in respect of any judgment or order of a tribunal or court made or purported to be made in exercise or purported exercise of jurisdiction under any uttar pradesh act or under any central act with respect to any of the matters enumerated in the state list or the concurrent list in the .....

P.G.T. Components (P.) Ltd. and ors. Vs. Assistant Provident Fund Comm ...

Court : Allahabad

Reported in : 2003(1)AWC508; [2003(96)FLR473]; (2003)ILLJ1033All

..... . learned counsel for the appellants has not been able to demonstrate that the status of a provident fund commissioner while discharging the duties envisaged under the provident fund act is that of a tribunal and not of a court.6. in the aforesaid view of the matter, the appeal is clearly not maintainable. the preliminary objection is sustainable in law.7. however ..... . in fact, as noticed by the learned single judge in the impugned order, the petitioners did not challenge the applicability of the act to their establishment since they themselves have been claiming that they were depositing the provident fund earlier.8. in the aforesaid view of the matter, the learned single judge did not find fault with that part of the order .....

Mohd. Arif S/O Saleem Qureshi Vs. Mirza Glass Works Through Its Princi ...

Court : Allahabad

Reported in : [2005(107)FLR129]

..... disputes act, 1947 (14 of 1947), or under any corresponding taw relating to the investigation and settlement of industrial ..... hear and decide all claims. section 15(1) of the payment of wages act, 1936 is extracted below:-15. claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims.- (1) the state government may, by notification in the official gazette, appoint [a presiding officer of any labour court or industrial tribunal, constituted under the industrial .....

Pradeep JaIn (Aditya) Vs. Hari Shanker Jijauriya and Another

Court : Allahabad

..... appeal was final and conclusive. even the amending act 27 of 1956 did not make any provision for an appeal against any interlocutory order passed by the election tribunal during the course of the trial. the act of 1951 came to be further amended by representation of people (amendment), 1966. by ..... amended bringing certain changes with regard to the constitution of the tribunal. the amending act provided an appeal against the final order made by the tribunal under section 98 or under section 99 of the act of 1951 to the high court of the state in which the tribunal was constituted. the decision of the high court on the ..... any provision of appeal against any order of the tribunal. under section 105 of the act of 1951, as it then stood, that every order of the tribunal interlocutory or final made under the act of 1951 was final and conclusive. thus, any person aggrieved bythe decision of the tribunal could only approach the high court, having jurisdiction over .....

Union of India (Uoi) and anr. Vs. Smt. Gayatri Srivastava and ors.

Court : Allahabad

Reported in : 2003ACJ486; 2002(3)AWC2168

..... court and the case should be transferred to the railway claims tribunal, gorakhpur, under section 24 of the railways claims tribunal act, 1987. thereafter, the labour court passed an order of transfer on 24.4.1999 transferring the case to the claims tribunal. it may be noted here that the period of limitation for filing a claim petition before the claims tribunal under the railways claims tribunal act is one year as the case is covered ..... had the jurisdiction to condone the delay and entertain the same even after expiry of the period of limitation in view of sub-section (2) of section 17 of the railways claims tribunal act. as the claimants were pursuing their petition before the labour court, which had no jurisdiction to hear the matter, there was good and sufficient ground to condone the delay and .....

Union of India and Another Vs. B.M. Electric Press and Another

Court : Allahabad

Reported in : 1999(4)AWC3090

..... and declaring the said date to be a 'appointed day' within the meaning of clause (b) of section 2 of the railway claims tribunal act.11. in view of the establishment of the railway claims tribunal with effect from 8th november, 1989, and declaration of that date to be the 'appointed day', for the purpose of section ..... defined in sub-section (b) of section 2of the railway claims tribunal act to mean the date with effect from which the claims tribunal is established under section 3 of the act, which ordains that the central government shall, by notification, establish a claims tribunal, to be known as the railway claims tribunal, to exercise the jurisdiction, powers and authority conferred on it ..... 7,849.50 paise together with 12% interest with effect from june. 1989, and rs. 100 by way of costs.6. section 15 of the railway claims tribunal act. provides that on and from the appointed day. no court or other authority shall have, or be entitled to, exercise any jurisdiciton. powers or authority .....