Judgment Search Results Home > Cases Phrase: railway claims tribunal act 1987 chapter 1 preliminary Sorted by: old Court: patna Page 11 of about 317 results (0.104 seconds)

Bharat Refractories Ltd. and anr. Vs. R.K. Das, Proprietor, N. Das and ...

Court : Patna

..... this regard the plaintiff-respondent filed the suit in question and the defendant-appellants filed the petition for stay of the proceeding under section 34 of the arbitration act. but the learned lower court refused to entertain the prayer on ground which are untenable. there does not appear to be any justification for refusing the grant ..... munuswamy mudaliar and ors. : air1988sc2232 . it has been held by their lordships.'this is a case of removal of a named arbitrator under section 5 of the act which gives jurisdiction to the court to revoke the authority of the arbitrator. when the parties entered into the contract, the parties knew the terms of the contract ..... on his part to have filed the suit.12. section 34 of the arbitration act, 1940 says--'where any party to an arbitration agreement or any person claiming under him commences any legal proceedings against any, other party to the agreement or any person claiming under him, in respect of any matter agreed to be referred, any party .....

Union of India (Uoi) Vs. Subordinate Judge No. 1 and ors.

Court : Patna

..... the railways. this execution was dismissed and, as noted above, revived after judgment dated august 28.1989 of this court.7. meanwhile on coming into force of the act, a communication had been addressed by the principal bench of the central administrative tribunal to the registrars of all the high courts for ..... subordinate judge, palamau, for execution of the decree. in that he had stated that the amount claimed in the suit was to be worked out on the basis of rate (s) of wages admissible to workmen on the basis of the railway board's letter dated june 12, 1974 which had been addressed to all the general managers of ..... judgment allowing the appeal. it was mentioned that counsel for the union of india had submitted that the amount claimed by the workmen was not correct. the court said, if that be so, the court below would hear the railway administration on this point alone. during the pendency of the appeal by the union of india in the high .....

Manikant Pathak and ors. Vs. State of Bihar and ors.

Court : Patna

..... case certain disputed had arisen between the management of the heavy engineering corporation (hec), a government company and its workmen which were referred to the industrial tribunal by the state government. the majdoor union filed writ petition under articles 226 and 227 of the constitution disputing the validity of the reference, inter ..... the state for payment of salary to the employees of these corporations.19. i am, therefore, of the opinion that the petitioners can not maintain their claim against state of bihar. they are entitled to reliefs only against the respective corporations, namely, bihar finished leathers and the bihar state agro industries development ..... stated, a government company has a distinct personality which cannot be confused with the state.the claim of the writ petitioner was allowed in view of the provision of the burma shell (acquisition of undertakings in india ) act, 1976 holding that although bharat petroleum corporation has not been created by any statute, it .....

Binod Kumar Choudhary Vs. Kamal NaraIn Thakur and ors.

Court : Patna

..... station at sakri. later the parent of the deceased, i.e., respondent no. 1 filed a claim petition before the district judge, madhubani, who happened to be the claims tribunal under the motor vehicles act. the court earlier granted no fault claim of rs. 25,000 to the claimants, which was paid by the insurance company and subsequently the ..... has been filed against the award of the claims tribunal, madhubani, under the motor vehicles act, 1939, dated 8.5.1995 and the order of review dated 9.1.1996 in claim case no. 13 of 1987 and review petition no. 33 of 1995 respectively.2. the learned tribunal had allowed the claim of the respondent no. 1 on account ..... claim petition was heard and the award in question was made. the vehicle in question, bearing no. bhq .....

i.T.C. Ltd. Vs. State of Bihar and ors.

Court : Patna

..... it was stated that, following the impugned award, other retired workmen of the company raised similar dispute which was referred for adjudication to the industrial tribunal, patna although the industrial tribunal has given an award against the workmen, if the award in the present case is upheld by this court and the company has to pay ..... in the year 1977-78 that the employees had submitted fresh representation in the matter of pension and a pay commission was also appointed to examine their claim. although the commission submitted its report later and the state government took its own time to accept the same making the decision effective from april 1, 1977 ..... management's refusal to participate in the proceeding. on receipt of failure report the state government referred the dispute under section 10(1)(c) of the industrial disputes act for adjudication to the labour court, patna. the reference was in these terms: - 'whether the pension being paid to sri s.s. prasad, retried sales .....

A.K. Mishra Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)64ITD37(Pat.)

..... the matter to the appropriate authority. in this connection, it may be mentioned that though a power of remand is not expressly given to the appellate tribunal by section 254(1) of the it act, such power is implicit in the expression "pass such orders thereon as it thinks fit" employed therein. in cit v. assam travels shipping service [ ..... worse in the present case. there was no occasion for recording a finding in assessment year 1990-91 about the genuineness of the loan of rs. 78,000 claimed to have been taken by the assessee from his wife. as mentioned above, the tentative inference in this behalf could be a good basis for initiating proceedings under ..... authority comes to the conclusion that the assessment order or the order under appeal is either wrong, illegal and unsustainable for some reason appearing in the order itself claiming remand is also not a vested right of any litigant. as is fundamentally well known in the administration of justice system that remand of a case cannot be .....

Ashok Kumar Singh and Etc. Vs. Bihar Industrial and Technical Consulta ...

Court : Patna

..... 28 at page 1647 of the report in ramanna (supra) a three judge bench decision, it was held 'this was not a case where praga tool corporation claimed to be an instrumentality of the government or an authority within the meaning of article 12. the only question was whether the writ of mandamus could lie and ..... of india or the industrial finance corporation. relying on that judgment, learned counsel for the corporation states that here also bitco is merely registered under the indian companies act and, therefore, on the basis of the ratio of the said judgment in the case of sabhajit tiwary (supra) it cannot be held to be a state ..... any governmental functions. learned counsel further submitted that bitco is not assisting the state government in the discharge of any governmental activities. learned counsel also stated that no act or ordinance was passed to nationalise bitco or take it over. therefore, it cannot be construed as a department of the state government. learned counsel further submitted .....

Sunil GraIn Agency Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

..... they had bank accounts, the assessee could have easily made payments by crossed cheque/drafts. he, therefore, rejected the assessee's appeal. in further appeal before the tribunal preferred by the assessee, the ld. accountant member agreed with the commissioner of income-tax (appeal) whereas the ld. judicial member expressed different opinion that is in ..... fulfilment of the object of the provision. in the budget speech of the finance minister, when this provision was sought to be introduced, it was stated that claims are made for deduction of expenses in large amounts shown to have been paid in cash, often with a view to frustrating investigation as to the identity of ..... under :- "whether, on the facts and in the circumstances of the case, the payment of rs. 72,996 can be disallowed under section 40a(3) of the act ?" 2. the assessee is a registered partnership firm with two partners, regularly assessed to tax. it deals in fertiliser on wholesale basis.during the course of assessment, the .....

Management of West Bokaro Colliery of Tisco Ltd. Vs. Presiding Officer ...

Court : Patna

..... extent that it shall not take any fresh evidence and shall rely on the materials already on record. the question with regard to power and jurisdiction of the tribunal under section 11a of the act came up for consideration before a full bench of this court in the case of indian aluminium co. ltd. v. presiding officer 1990 (2) pljr 797 ..... been stated that when he reached at gate no. ii, he saw the dead body of the cousin and number of co-villagers present there. the workman has further claimed that he was falsely involved because he happened to be the relative and co-villager of the deceased (fuleshwar mahto) who was shot dead by the security guard.6. ..... the workman further submitted that he was made an accused for the murder of havildar (rameshwar prasad singh) in which he obtained bail from the court. the workman further claimed that since the case was pending on the similar charge, it would not be proper to hold domestic enquiry till the pendency of the case as the departmental enquiry would .....

National Insurance Co. Ltd. Vs. Hari Narayan Ojha and ors.

Court : Patna

..... date in respect of implementation of the amendment provision in section 140 of the act, the amended provision should be applicable, in my view, is also devoid of any merit. referring to rule 246(10) of the bihar motor vehicles rules, 1992, mr. ojha submits that the claims tribunal while passing the order, can make award of compensation of rs. 25,000 ..... in respect of permanent disablement to be paid by the owner or the insurer of the vehicle involved in the accident.8. it appears that section 140 of the act is in chapter x of the act and the state government was not ..... the accident took place on 15.7.1994 and the amendment in section 140 of the act enhancing the amount of compensation has come into effect from 14.11.1994.12. in the result, the appeal is allowed and the judgment and award of the tribunal dated 17.8.1996 is set aside. the respondent no. 1 is entitled to withdraw .....