Judgment Search Results Home > Cases Phrase: railway claims tribunal act 1987 chapter 1 preliminary Page 90 of about 86,448 results (0.359 seconds)

Md. Rashid Khan Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 1994CriLJ2699

..... sujit kumar sanyal who affirmed the said affidavit has verified the said statement contained in the said paragraphs as being true to his knowledge. he has claimed that he was an investigation officer of the case and at the material time he was an assistant commissioner, narcotic offences cell. there is nothing ..... exercise of powers conferred by section 9 of the tada act had issued notifications dated april 26th 1993 purporting to constitute la designated court for calcutta appointing sri s.n. bhattacharjee, judge, 12th court, city civil ..... the respondent no. 5, investigating officer, before the learned chief metropolitan magistrate, calcutta for addition of offence under sections 3 and 4 of the tada act in the first information reprot dated march 17, 1993. about one week before the application was moved before the learned chief metropolitan magistrate, state government in .....

New India Assurance Co. Ltd. Vs. Tara Sundari Phauzdar

Court : Kolkata

Reported in : I(2004)ACC49,2002ACJ1646,AIR2004Cal1,(2003)3CALLT29(HC)

..... negligence or contributory negligence of the offending vehicle without leave having been obtained from the claims tribunal under section 170 of the 1988 act.20. as will be evident from the above, the very question which has been referred to this bench has been answered in the negative ..... the division bench held that an appeal by the insurer on merits was not maintainable without leave having been obtained by the insurer from the claims tribunal under section 170 of the 1988 act.13. the seven appeals were then referred to the special bench to clarify the position. as indicated hereinabove, the hon'ble judges comprising the ..... it was categorically held by the hon'ble supreme court that even if no appeal is preferred under section 173 of the 1988 act by an insured against the award of the accident claim tribunal, it is not permission for an insurer to file an appeal questioning the quantum of compensation as well as findings as regards .....

Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... except the bombay high court. 32. in respect of other tribunals like the motor accident claims tribunals, the high court is exercising power of superintendence because the tribunals are constituted within the territorial jurisdiction of the high court. therefore, the act cannot be saved even by providing a provision for judicial review ..... court are bad. moreover, inl. chandra kumar's case : [1997]228itr725(sc) the supreme court has saved the provisions of the administrative tribunals act, 1985, by holding that by providing a forum in the high court under article 226 of the constitution of india to exercise judicial superintendence over ..... rural electrification corporation ltd., formed and registered under the companies act, 1956 (1 of 1956) ; (15) indian railway finance corporation ltd. 18. section 4 of the act of 1993 provides for composition of tribunal. section 4 is quoted below : '4. composition of tribunal--(1) a tribunal shall consist of one person only (hereinafter referred to as .....

Larsen and Toubro Ltd., Mumbai Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : 2003(3)BLJR2228

..... transfer of such goods by him to any other dealer or to his agent or principal, as the case may be, for sale, the burden of proving this claim shall be on the dealer and for this purpose along with other evidence he shall furnish before the prescribed authority a declaration in the forms and in the manner ..... their return giving their turnover details, including computation of gross turnover (gto), taxable turnover (tto) and the tax amount as supported by the various entries for the exemption claimed under the specific caption. according to them, they are entitled to deduction under the head of sales tax, inter state sales turnover, tax paid works and labour charges. ..... 21 itself or in the rules framed in exercise of the powers conferred by section 58 of the bihar finance act.24. it is contended by the authorities and the learned counsel for the state that whatever deductions were claimed by the petitioner, if are given to him in relation to labour and other charges and if the judgment .....

Vidya Devi Vs. Himachal Road Transport Corporation, Simla and ors.

Court : Himachal Pradesh

Reported in : I(1990)ACC388,AIR1990HP19

..... of the provisions of section 110-a(3) of the motor vehicles act, 1939 (hereinafter referred to as 'the act'), the same could not be entertained beyond the period of six months of the occurrence of the accident provided that the motor accident claims tribunal was satisfied that the petitioner was prevented by sufficient cause from making ..... on record is so cogent and convincing that the motor accident claims tribunal should have considered the same to condone the delay in question. it is further urged by him that the tribunal has interpreted the provisions of section 110-a(3) of the act very narrowly whereas these provisions have to be construed quite liberally ..... from gout and sciatica for about two years. the tribunal allowed the petition and in appeal it was contended that this act of the tribunal allowing the petition after the same was barred by time, was wrong. it was held that the discretion given to the claims tribunal under the proviso is not any arbitrary or capricious discretion .....

Vijaya Bank, Bangalore Vs. Suvasini S. Shetty and Others

Court : Karnataka

..... july 2001.13. constitution benches of the supreme court in indian ex-services leave vs- union of india (1991) 2 supreme court cases 104 and thereafter in chairman, railway board vs- c.r. rangadhamaiah, (1997) 6 supreme court cases 623 have enunciated that reckonable emoluments which are the basis for computation of pension are to be ..... a self-contained scheme and it provided for special benefits in the form of ex gratia. it was submitted that ex gratia was not available to the employees claiming voluntary retirement under the pension regulations and it was because of that, that the scheme did not envisage granting of pension benefits under regulation 29(5) of ..... once submitted.(viii) an employee whose application for voluntary retirement is accepted and relieved from the bank shall be eligible for;(i) gratuity as per the gratuity act/service gratuity as the case may be;(ii) own contribution of provident fund and banks contribution towards provident fund, in case of those who have opted .....

State of J and K Vs. Mohammad Rafi Paswal and ors.

Court : Jammu and Kashmir

Reported in : III(2005)ACC186,2006ACJ2334,2005(3)JKJ403

..... or more persons possessing special knowledge of an matter relevant to the inquiry to assist it in holding the inquiry.'sub-clause 2 of section 169 of the act mandates that claims tribunal have all powers of a civil court.it is profitable to reproduce rule 324 and 325 of motor vehicle rules, referred hereinafter as rules; -'324. power ..... the civil court finds our approval. we affirm the decision.'17. in the aforesaid judgment it has been held that motor accident claims tribunal is a civil court. in terms of section 169(2) of the act, the claims tribunal has to exercise powers as a civil court. in terms of rules 324 and 325 of the rules, the specific provisions mentioned ..... all 9 or any of the powers of a civil court as may be, necessary in any case for discharging its functions under the act and the rules made thereunder.325. procedure to be followed by claims tribunal in holding enquiries: (1) the following provisions of the code of civil procedure, svt. 1977 shall so far as may be, applied .....

Raj Bala Vs. Bijender

Court : Punjab and Haryana

Reported in : I(2002)ACC390; 2002ACJ390

..... preferred by smt. raj bala and others, hereinafter described as 'the appellants' directed against the award of the motor accident claims tribunal, rohtak, dated 14.1.2000. by virtue of the impugned award, the learned tribunal awarded a compensation of rs. 50,000/- under the heed 'no fault liability' to be paid by respondents bijender, sanjay ..... accident arising from the use of motor vehicles can be claimed under the common law even without the aid of a statute. the provisions of the motor vehicles act permits that compensation paid under no fault liability' can be deducted from the final amount awarded by the tribunal. therefore, these two are resting on two different ..... of the opinion that even apart from section 140 of the motor vehicles act, a victim in an accident which occurred while using a motor vehicle, is entitled to gel compensation from a tribunal unless any one of the exceptions would apply. the tribunal and the high court have, therefore, gone into error in divesting the .....

Ashish Kumar Roy and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR1999Cal242,(1999)3CALLT466(HC)

..... and the supreme court under article 226/227 and 32 of the constitution are unconstitutional'. it has been further held that section 28 of the act (administrative tribunal act) and the exclusion of jurisdiction clauses in all other legislation enacted under the aegis of articles 323a & 323b would to the some extent be unconstitutional ..... objections and applications relating to or arising out of land reforms or tenancy in land and other matters under a specified act and for the exclusion of the jurisdiction of all courts ..... act that this act has been framed following the decision of l. chandrakumar's case : [1997]228itr725(sc) and this has been made amply clear in the preamble itself. it is quoted below.'whereas it is expedient to provide for setting up of a land reforms and tenancy tribunal and for adjudication and trial by such tribunal of disputes, claims .....

Kartick Chandra Parui Vs. Commercial Tax Officer and ors.

Court : Kolkata

Reported in : [2003]132STC478(Cal)

..... rs. 6,14,386. challenging the said assessment the petitioner filed an application under section 8 of the west bengal taxation tribunal act, 1987 before the west bengal taxation tribunal (hereinafter referred to as 'the tribunal'). before the tribunal, the writ petitioner challenged the ex parte order of assessment, inter alia, on the grounds that by virtue of the ..... such return, or has escaped levy of tax thereon at the appropriate rate, erroneously or otherwise, or (b) the deductions from the gross turnover of sales were claimed under sub-section (3) of section 17 in such return, erroneously or otherwise, in excess of what is admissible under sub-section (3) of that section, ..... period, such registered dealer shall verify the related returns with his books of accounts and documents required to be furnished for substantiating his gross turnover of sales, claims for exemption from payment of tax or for payment of tax at a lower rate, as mentioned in such return, and if he finds that there is .....