Judgment Search Results Home > Cases Phrase: railway claims tribunal act 1987 chapter 1 preliminary Page 7 of about 86,448 results (0.364 seconds)

Swiss Singapore Overseas Enterprises Pte Ltd. Vs. Lmj International Li ...

Court : Kolkata

..... said arbitration proceeding by the arbitral tribunal comprising mr.gordon smith. there is no challenge in this proceeding that mr.minn naing oo is not the registrar of the singapore international arbitration centre ..... appointed singapore under by the section (amendment) act 2009. minister 19c of of the law of the republic international of arbitration moreover, the said declaration has been duly signed and sworn before the ..... registrar of the singapore international arbitration singapore centre under by the section minister 19c of of the law of the international republic of arbitration (amendment) act 2009 and the international arbitration (appointed persons under section 19c) order 2009, he is duly authorized to certify the award published in singapore in the .....

Music Choice India Private Limited Vs. Phonographic Performance Limite ...

Court : Mumbai

Reported in : 2009(111)BomLR609; 2009(2)MhLj651; LC2009(1)329

..... mode of reading of plaint is to see the plaintiff's position as the broadcaster and the rights which the plaintiff claims under the act for the reliefs claimed in the suit to grant the plaintiff the relief claimed at the first hearing of the suit itself upon the premise that the plaintiff's prayer for a declaration as to ..... union : (1959)iillj544sc it was held that under section 100(4) of the indust rial disputes act the indust rial tribunal has power to grant interim relief where it is admissible, as a matter incidental to the main question referred to the tribunal without itself being referred in express term. hence, it was held that even where the question ..... any party. the objections relating to the merits of the claim can be raised only before the hearing authority. it was held that only in the writ jurisdiction can the court examine where the provisions of the statute have not been complied or where the tribunal has not acted in conformity with judicial procedure. in fact it was .....

M. Sannu Ram Mandavi Vs. C. Mohan and ors.

Court : Chhattisgarh

Reported in : IV(2006)ACC505

..... direct.(emphasis supplied)6. it will be clear from the italicised words used in section 168 of the act that the claims tribunal is to hold an inquiry 'into the claim or, as the case may be, each of the claims' and, make an award determining the amount of compensation which appears to be just and specifying 'the person or persons' to whom compensation shall ..... . the expression 'award' has not been defined in the act but its meaning can be gathered from section 168 of the act which is titled 'award of the claims tribunal'. the said section 168 is quoted herein below:168. award of the claims tribunal.--(1) on receipt of an application for compensation made under section 166, the claims tribunal shall, after giving notice of the application to the .....

Harish Chander Vs. the Oriental Insurance Co. Ltd. and ors.

Court : Jammu and Kashmir

..... with regard to enhancement of the award was not considered in the said appeal. he further submitted that under section 173 of the act, any person aggrieved by an award of a claims tribunal may, within 90 days from the date of award, prefer an appeal to the high court. he submitted that as per section ..... 166 of the motor vehicles act, 1988 (hereinafter referred to as the act) before the motor accident claims tribunal, jammu (hereinafter referred to as the tribunal) on the ground that he sustained multiple injuries on 15.08.1998 because of rash and negligent driving of the driver of vehicle jk02j-4052.2. learned tribunal after recording evidence of the parties ..... 173 of the act, appellant has preferred the present appeal, therefore, the appellant has independent right to file the appeal for adjudication of the compensation. .....

Periyar and Pareekanni Rubber Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Reported in : [1990]181ITR396(Ker)

..... on a true interpretation of the provisions and the scope of the relevant rule and the retrospective amendment made to section 80j by the finance (no. 2) act, 1980, the tribunal was right in restoring the assessment to the income-tax officer for recomputing the capital in accordance with the provisions of section 80j(1a) ?' 2. the matter ..... expenditure incurred during the three periods, that is, up to june 30, 1972, september 30, 1973, and april 23, 1974. in the first period, out of the claim made by way of travelling expenses, car running expenses and salary to special officers amounting to rs. 46,945, the income-tax officer allowed one-sixth of the amount. ..... the actual cost of the assets eligible for depreciation, development rebate, etc. we cannot say that this finding is erroneous or otherwise infirm.9. regarding the claim of relief under section 80j, the tribunal had only directed the income-tax officer to recompute the capital in accordance with the provisions of section 80j(1a) of the .....

Kolkata Municipal Corporation Vs. Chanda Properties Private Limited

Court : Kolkata

Reported in : 2005(1)CHN501

..... 2. on or about 11th december, 2003, the assessee filed a suit in the city civil court at calcutta which was registered as title suit no. 1788 of 2003 claiming the following reliefs :(i) the plaintiff is entitled to a decree for declaration that the purported annual valuation and/or the rise from rs. 76,290/- to rs. ..... challenge and that the legality of the notice could not have been referred to the tribunal. in support of his submission, he referred to section 189(9) of the calcutta municipal corporation act which provides as follows :'section 189(9) : the decision of the tribunal with regard to valuation or assessment shall be final and no suit or proceeding shall ..... the absence of a clear cut pleading to show that the perpetual injunction has been claimed on the basis of section 38 of the specific relief act, there is no reason to hold that sub-section (4) of section 586 of the calcutta municipal corporation act shall come into play. an additional reason which fortifies my view is the fact .....

M/s Arif Azim Co. Ltd. Vs. M/s Aptech Ltd.

Court : Supreme Court of India

..... an application seeking appointment of arbitrator must not be conflated or confused with the limitation period for raising the substantive claims which are sought to be referred to an arbitral tribunal. the limitation period for filing an application seeking appointment of arbitrator commences only after a valid notice invoking arbitration ..... application stops it. there must be a clear notice invoking arbitration setting out the particular dispute [ section 21 of the arbitration and conciliation act, 1996.]. (including claims/amounts) which must be received by the other party within a period of 3 years from the rejection of a final bill, failing ..... reasonable control of parties to this agreement viz. unavailability of any communication systems, breach or virus in the processes, fire, storm, earthquake, flood. explosion, act of god, civil commotion, strikes, or industrial action of any kind, riots, rebellion, war wreck, epidemic failure, statutory laws, regulations or other government action .....

Dilip Singh Parocha and ors. Vs. Mahalaxmi Co-op. Housing Society Ltd. ...

Court : Mumbai

Reported in : 2002(6)BomCR581; (2002)1BOMLR732; [2003(96)FLR1114]; 2002(4)MhLj554

..... that the claimants were also doing the same work which was being done by the regular employees. they filed an application under section 33-c(2) of the i.d. act to claim the difference and computation of the arrears. the supreme court has held that such application under section 33-c(2) was not maintainable. in the said decision of the ..... disputes which were referred to the labour court fell within the jurisdiction of an industrial tribunal. the jurisdiction under section 33-c(2) was a limited one and could not embrace a dispute of thenature in the case which could only fall under section 10 of the act; (2) the issue raised in each case was a fundamental one not limited to .....

Mohammad Yousuf Wani and ors. Vs. Abdul Rehman Gujri and ors.

Court : Jammu and Kashmir

..... p. c. to apply in certain cases. in so far as these rules make no provisions or make insufficient provisions the claims tribunal shall follow the procedure laid down in the jammu and kashmir civil p. c. smvt 1977 (act x of 1977) for the trial of suits.' 24. on a careful consideration of these provisions, it would be clear ..... court save in so far as the same are not inconsistent with the provisions of the motor vehicles act, 1939, and the rules framed thereunder. 10-10. examination of applicant. on receiving an application under rule 10-6 the claims tribunal may examine the applicant upon oath, and the substance of such examination shall be reduced to writing and ..... of the claimant, amounts to an award and is appealable under section 110-d of the motor vehicles act, providing that any person aggrieved by an award of the claim tribunal may prefer an appeal to the high court, (hereinafter referred to as 'the act'). mir j. has held that the order amounts to an award and is appealable. kotwal j. .....

Union of India (Uoi) Vs. Aruna Machine Tools Super B-iii

Court : Andhra Pradesh

Reported in : 2005(2)ALD356; 2005(2)ALT391

..... .s. rao, j.1. this appeal is filed under section 23 of the railway claims tribunal act, 1987 ('the tribunal act', for brevity) by union of india represented by the general manager, south central railway, secunderabad.2. the respondent herein (hereafter called 'consignor') is the manufacturer of shoe brakes. it entrusted 800 pieces of shoe brakes to indian railways, madurai to be carried to vijayawada in south central ..... another letter dated 18.9.1996 (marked as ex.a.4), the chief claims officer informed that the railways would conduct enquiry and settle the claim within ten days. as the claim was not settled, the consignor moved the railway claims tribunal under section 13 of the tribunal act being o.a. no. 17 of 1997 claiming a compensation amount of rs. 98,176/- with interest at 12% per annum .....