Judgment Search Results Home > Cases Phrase: railway claims tribunal act 1987 chapter 1 preliminary Page 96 of about 86,448 results (0.415 seconds)

Chandrakant S/O Gajananrao Pise, Vs. the Collector, Having Its Office ...

Court : Mumbai

Reported in : 2010(1)BomCR125; 2010(1)MhLj268

..... to help an otherwise disqualified councilor to continue as such in defiance of legislative mandate. the rules therefore will have to be read as only directory. under 1987 act & rules, collector or the commissioner, as the case may be, have to find out first only primafacie whether requirements of rule 6 are fulfilled but then ..... filing the disqualification petition. the scheme of rule 6 definitely cast an obligation on the collector to scrutinize the applications so filed under section 7 of the act read with rules 6 and 7 and then, proceed to determine the question so raised. in my judgment, therefore, cryptic order indicates nonapplicability of mind on ..... before this court filed a reference application viz. petition under rule 6 of 1987 rules for declaration that the present petitioners are disqualified under section 3 of 1987 act and can not continue as councilors of respondent no. 2 municipal council. petitioners filed an application under rule 7 (2) of the 1987 rules contending that the .....

Umesh Chandra Pandey Son of Sri Satya Prasad Pandey Vs. Union of India ...

Court : Allahabad

Reported in : 2005(3)ESC1980

..... approach as it would be an insult to justice oriented judicial system (see 2004 air scw 5162)19. sub-section 3 of section 21, administrative tribunal act, 1985 reads :-3. notwithstanding anything contained in sub-section (1) or sub-section (2) an application may be admitted after the period of ..... application no. 86 of 1991 (kishore kumar srivastava v. union of india and ors.). petitioner had also approached the respondents claiming reinstatement/regularisation under aforementioned circular of the railway board but no action was taken and being constrained petitioner filed original application no. 139 of 1993 before c.a.t., ..... case of miss usha kumari anand(supra). in pursuance thereto, petitioner filed representation (claiming reinstatement/ regularisation) before the concerned authority. this representation was, however, rejected by respondent no. 3, chairman/president, railway board, northern railway (now north central railway), allahabad by means of order dated 10.4.1996 (annexure 9 to the .....

New India Assurance Co. Ltd. Vs. Minguel Correia and ors.

Court : Mumbai

Reported in : I(1987)ACC524; 1986(3)BomCR647; 1986MhLJ242

..... temporary relief. now, the proviso added to rule 18 by the amendment reads as under:-'provided that in the case of a claim under chapter vii-a of the act, the claims tribunal shall proceed to award the claim on the basis of :-(i) registration certificate of the motor vehicle involved in the accident;(ii) insurance certificate of policy relating to ..... a empowers the state government to make rules for the purpose of carrying into effect the provisions of sections 110 to 110-e of the act, and in particular, to make rules enabling the claims tribunal to exercise the powers vested in a civil court. in exercise of such powers, the government of goa, daman and diu enacted the ..... stage of passing of the final order. he contended that in view of the provisions of section 92-b of the act of rule 18 of the motor accident claims tribunal rules, it was incumbent upon the tribunal to determine the application under section 92-a in all aspects and not to relegate a relevant part thereof for decision along .....

Bhagwan Bajirao Bhargude and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2005(1)ALLMR215; 2005(1)BomCR40; 2004(4)MhLj1010

..... state and the subject as the state could not become arbiter in its own cause. on the commencement of bombay revenue tribunal act, 1957 (for short 'the act of 1957'), the act of 1937 was repealed. the act of 1957 was intended to constitute a tribunal for the state of bombay to invest with jurisdiction to entertain appeals and revise decisions in certain cases; to abolish ..... with this provision, the bombay legislature passed the bombay revenue tribunal act, 1939 (for short, 'the act of 1939') providing for constitution of revenue tribunal for the province of bombay. by section 3 thereof, power was conferred on the state government to constitute a tribunal. section 4 thereof defined powers and functions of the tribunal. the tribunal was to exercise jurisdiction to entertain appeals and revision applications .....

Rashtriya Chemicals and Fertilizers Ltd. Vs. RFC Employees' Union and ...

Court : Mumbai

Reported in : (2007)ILLJ939Bom

..... petitioner is carried on by or under the authority of central government, within the meaning of section 2(a)(i) of the industrial disputes act, 1947. in the circumstances, the industrial tribunal was clearly in error in dismissing the application, questioning the maintainability of the reference on this ground.12. on behalf of the first ..... carried on under the authority of the state. here again the circumstances may justify a different inference where the corporation carries on governmental functions.11. the tribunal in the present case has rested its decision on the basis that the petitioner is a government of india undertaking and the central government exercises full control ..... hence, the undertaking was not carried on directly by the central government or by one of its departments as in the case of the post and telegraphs or railways. the industry was, therefore, not carried on by the central government. the issue, that however, arose before the supreme court was whether the industry was .....

A. Peddanna Vs. Divisional Security Commissioner, Railway Protection F ...

Court : Andhra Pradesh

Reported in : 2006(2)ALD560; 2006(4)ALT631; [2006(109)FLR784]

..... in the counter-affidavit filed by the respondent, the circumstances that led to the initiation of disciplinary proceedings are narrated. it is stated that rule 146.4 of railway protection force rules, 1987 (for short 'rpf rules') is attracted, inasmuch as the petitioner has brought disrepute to the rpf, by having been subjected to judicial ..... necessity for the rpf to initiate departmental proceedings against the petitioner on the allegation that he has committed a crime punishable under section 3(1)(x) of the act.15. for the foregoing reasons, this court is of the view that the respondent cannot proceed with the disciplinary proceedings, at this stage. the writ petition ..... . however, the basis for such an allegation is ultimately, the very involvement of the petitioner in a crime punishable under section 3(1)(x) of the act, which in turn was specifically mentioned in the charge framed in the departmental proceedings. the petitioner can be said to have resorted to the misconduct as indicated .....

Murthy Raghava Trinadha Rao and ors. Vs. Commissioner of Endowments, G ...

Court : Andhra Pradesh

Reported in : 2006(1)ALD86

..... of chapter-v of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (for short 'the act') with respect to 2nd respondent-math.2. it is alleged that the math is being subjected to misuse of hundi collections. all the petitioners claimed that they are ardent devotees of goddess sri sri sri lalitha devi and they ..... is duty bound to take action in terms of sections 52 and 53 of the act for the purpose of appointment of mathadhipathi to the 2nd respondent math.5. counter-affidavits have been filed by all the respondents. the 3rd respondent, who claims to be the mathadhipathi of 'sri sri sri lalitha devi math', has filed counter ..... respondent math in accordance with law. this argument has been resisted by the respondents, as has been pointed out hereinabove. the respondents have also claimed that the math is a private math and not a public math and therefore, the provisions of the act would not apply.11. in order to appreciate these arguments, a glance at the .....

Manubhai Punamchand Upadhya and anr. Vs. Indian Railways and anr.

Court : Gujarat

Reported in : 1997ACJ1270; (1997)1GLR243

..... the liability. the new provisions prescribe the liability of the railway administration to pay the compensation to such an extent as may ..... suit, taking resort to the provisions of section 80 of the old act, as it then stood. thus, there was optional, alternative statutory remedy available, which was pursued. no doubt, under the new act, provisions are made in chapter 13 for making claims and settlement before the railways claims tribunal. section 123 of the new act provides definition of 'untoward incident' and section 124 provides extent of .....

The Union of India, Rep. by General Manger, South Central Railway, Sec ...

Court : Andhra Pradesh

..... one. but, the claims were made before the railway claims tribunal at secunderabad as well as before the authority under the workmens compensation act, 1923, one after the other. even a reading of section 167 of the motor vehicles act would indicate that when a claim arises under the said act and under the workmens compensation act, the person entitled to claim compensation may claim compensation only under either ..... of these acts and not under both the acts .....

Satish Nambiar Vs. Union of India (Uoi), Through Ministry of Home Affa ...

Court : Mumbai

Reported in : AIR2008Bom158; 2007(5)ALLMR259; 2007(5)BomCR247

..... in those cases the persons were illegal migrants, and the validity of the statute, i.e., the illegal migrants (determination by tribunals) act, was in question, and the court did observe that the foreigners act and foreigners (tribunal) order, 1964, were applicable to the whole of india, even to the state of assam, for identification of foreigners who ..... can be questioned on the ground of illegality, irrationality and procedural impropriety of a superior and has prejudicial consequences, as stated by the supreme court in the case of indian railway construction co. v. ajay kumar (2003) 3 s c c 579.22. in the case of union of india and ors. v. smt. charanjit kaur : ..... be an absolutely correct proposition of law. unless the law or procedure of law specifically excludes the limited rights of a foreigner, he would be able to claim limited protection in terms of article 14 of the constitution of india.12. the learned counsel appearing for the petitioner contended that the order dated 14th february .....