Judgment Search Results Home > Cases Phrase: railway claims tribunal act 1987 chapter 1 preliminary Sorted by: old Court: patna Page 18 of about 317 results (0.196 seconds)

Singhbhum Thikedar Mazdoor Sangh Vs. State of Bihar and ors.

Court : Patna

..... so long, there is no reason to think that there is any encroachment upon the jurisdiction of any court of law or a court of enquiry or a statutory tribunal or authority or a quasi judicial body or a commission, or so long the stage of invoking the remedy under the law had/has not arrived and so long ..... ) and gujarat electricity board, air 1995 sc 1893 : 1995 (5) scc 27 : 1995-ii-llj-790, and also the ratio by the supreme court in the case of railway and gmh union v. union of india 2000-i-llj- 1050. 12. before appreciating the rival contentions of he parties it would be useful to first look into some relevant ..... the division bench respondent-company did not raise objection with regard to the jurisdiction of the committee nor questioned the act or the action of the committee. the division bench held that the contract labourers shall be entitled to claim continuance of employment under the principal employer in case of the prohibition to the contract system. learned counsel further submitted .....

General Manager, North Eastern Railway and Others Vs. Bajranglal Jhunj ...

Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna

..... yet. the learned counsel appearing on behalf of the appellants referred to section 13 of the railway claims tribunal act, 1987 and pointed out that a claim in respect of refund of fare has to be preferred before the railway claims tribunal. the learned counsel further referred to section 15 of the railway claims tribunal act and pointed out that no court or other authority has any jurisdiction or power in relation ..... to the matters referred to in section 13 of the railway claims tribunal act and that being so, the district forum had no jurisdiction to entertain the .....

Mohd. Ali Khan (2) Sarswati Stores Vs. Cit and anr.

Court : Patna

..... (appeals), jamshedpur. which was allowed in part. thereafter, the petitioner filed a second appeal before the income tax appellate tribunal, patna, which was disposed of on 30-4-1998, whereby the tribunal allowed certain claims of the petitioner but certain additions made by the assessing authority were upheld. on 30-4-1998, the petitioner filed ..... maintainable.the stand of the respondent-department on the other hand is that the application under section 254(2) of the act cannot be treated as an appeal pending before the appellate tribunal and as no appeal was pending the petitioner is not entitled to take the benefit under the scheme. the further stand ..... an application before the appellate tribunal under section 254(2) of the act for rectification of the mistake apparent from the record. while .....

Janardan Singh Vs. State of Bihar and ors.

Court : Patna

..... were granted such benefit in view of the aforesaid decision of the full bench.9. on behalf of the university, counter-affidavits have been filed denying the claim of the petitioners that they are also entitled to the same benefit as was granted to the assistant research officers. because technical supervisor, field overseers, laboratory ..... of certain certificates obtained from some of the authorities of the universities, they cannot be declared as teacher as required under section 2(xxviii) of the act unless and until they are recognized under the university statutes and are assigned with similar job and responsibilities. therefore, the ratio laid down in the abovementioned ..... . simply on the basis of certain certificates granted by the authorities they cannot be declared teachers as defined under clause (xxviii) of section 2 of the act.10. apart from the lacuna of such requirement, as would appear from the table showing eligibility, qualifications, etc. for recruitment to the post of teachers .....

Ramanand Yadav Vs. Vijay Singh Yadav and ors.

Court : Patna

..... singh v. giani kartar singh, reported in air 1966 sc 773 it has been observed by their lordships that (at page 783) : 'section 92 of the act which defines the powers of the tribunal, in terms, confers on it, by clause (a), the powers which are vested in a court under the code of civil procedure when trying a suit, ..... a concise statement of material facts on which the petitioner relies and to the opportunity which a defeated candidate had at the time of counting of watching and of claiming a recount that the application for inspection must be considered.' in the present case there is no material to show to the satisfaction of the court that the ..... from the circumstance, it appears that they were quite vigilant. therefore, raising such a point for rejecting election cannot be entertained. the law is that any allegation claimed to be of importance so as to materially affect the result of the election has to be substantiated and supported by the evidence and contemporaneous document in order to .....

Rama Nand Prasad Singh Vs. Vidya Sagar Nishad

Court : Patna

..... be relieved of the duty imposed upon him by section 100(1)(c) and if the petitioner fails to adduce satisfactory evidence in support of his plea, the tribunal would not interfere in his favour and would allow the election to stand.' 16. in the 3rd case paokai haokip v. rishang, air 1969 sc 663 it has ..... of the petition being fit to be dismissed and the election petition was maintainable. therefore, only three issues remained to be decided. 4. in support of their respective claims, both the parties have examined witnesses and produced and proved some documents, the petitioner has examined altogether five witnesses in support of his case. out of them, p ..... that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the representation of the people act, 1950 (43 of 1950). (8) immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the returning .....

Dilip Kumar Sinha Vs. Ambika Prasad and ors.

Court : Patna

..... , it has been observed by their lordships is as follows:the true legal position in his matter is no longer in doubt. section 92 of the act which defines the power of the tribunal, in terms, confers on it, by clause (a), the powers which are vested in a court under the code of civil procedure, when trying a ..... obvious that neither during the counting nor on the completion of the counting, there was any valid ground available for the recount of ballot papers. a cryptic application claiming recount was made by the petitioner-respondent before the returning officer. no details of any kind were given in the said application. not even a single instance ..... the petitioner in this regard. therefore, it has been submitted that the entire allegation in the election petition is denied and the petitioner is not entitled to any relief claimed by him, and, therefore, it. has been prayed that the election petition be dismissed with cost.4. after the parties filed their respective pleadings, they were .....

Kedar Nath Jhunjhunwala Vs. State of Bihar and ors.

Court : Patna

Reported in : AIR2000Pat123

..... of repairs under the housing repairs and rents act, 1954. the tenant contended that the amount of the increase was not recoverable on the ground that the declaration of the carrying out of the repairs made by the ..... facts of the case were that the plaintiffs were the landlords of a block of flats called the palatinate, new kent road, london, which were subject to the rent restrictions acts. they brought an action in lambeth country court to recover from the defendant, the tenant of one of the flats, a sum representing an increase of rent in respect ..... to the 1961 lease from 1947 lese in view of the restrictions imposed by rule 47 of the bihar excise rules made under section 89 of bihar & orissa excise act 191.5. this rule was also amended by insertion of proviso with effect from 13-1-73, and since then foreign liquors establishments were permitted in hotels and restaurant .....

Sudhir Mahto and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Patna

..... has not even produced documents in support of his case. his oa is clearly barred by limitation even for admission under the a.t. act. and the tribunal has no jurisdiction over the matter.the applicant claims to have worked as casual labourer under the n.e.railway. he filed o.a. no. 296/94 along with four other persons for re-engagement. the ..... the stage of admission. where there is a prima facie case for admission and the matter is within the jurisdiction of the tribunal, notices before admission will be issued.the four applicants claim to have been working under the n.e. railway for about 14 to 16 years as substitute or unskilled group 'd' staff with temporary status. their prayer is for their .....

Oriental Insurance Co. Ltd. and anr. Vs. Badri Gorai and ors.

Court : Patna

..... not liable to indemnify the owner of his liability. according to the appellants, the deceased for whose death compensation under section 140 of the act was claimed and has been allowed by the claims tribunal, were unauthorized passengers and in law insurance company is not liable to pay compensation if they died due to accident involving the vehicle on which ..... the impugned orders without making any inquiry. according to him, before making the orders fur payment of compensation under section 140 of the act and directing thy appellants to pay the same, the claims tribunal should have made, at least, some sort of inquiry. rule 246 of the bihar motor vehicle rules, 1992, framed by the state ..... 11.3.90. the truck met with an accident, as a result the girl died at the spot. a claim for compensation was preferred by her father, brother and sister under the provisions of the act and the claims tribunal passed an award for rs. 25,000/- in favour of the claimants as the owner of the truck was .....