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Judgment Search Results Home > Cases Phrase: railway companies emergency provisions act 1951 section 9 penalties Court: andhra pradesh Page 1 of about 3,166 results (0.134 seconds)

Feb 09 1962 (HC)

State of Andhra Pradesh Vs. Mothey Gangaraju

Court : Andhra Pradesh

Reported in : [1963]14STC112(AP)

..... . 6, c. 44). it may be noted that in india there is no act corresponding to the law reform (miscellaneous provisions) act, 1934.16. the leading english decision on the point is the london, chatham and dover railway company v. the south eastern railway company [1893] a. c. 429 the scope and effect of lord tenterden's act (3 & 4 wm. 4, c. 42, ..... cases in which it is now payable by law.' the interest act was not exhaustive on the subject. referring to the decision in the london, chatham and dover railway company v. the south eastern railway company [1893] a.c. 429 it was observed that:the noble lords who took part in the discussion, especially lord herschell, point out that there has been a ..... has been no such amendment of the law in india. in this view, interest prior to the date of the suit was disallowed.25. from this decision the following principles emerge :(i) interest for a period prior to the date of suit can be awarded if there is an agreement to pay a fixed rate, or by usage of trade .....

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Oct 01 2015 (HC)

The Krishna District Milk Producers Mutually Aided Co. op Union Vs. Th ...

Court : Andhra Pradesh

..... provisions of the act or the conditions, if any, of exemption granted thereunder, have been complied with or not by the employer. inter-alia the inspector can require an employer to furnish such information as he may consider it necessary or enter and inspect at all reasonable hours any premises of any place in any factory, mine, oil field, plantation, port, railway company ..... of section 7 of the act. section 11 of the act provided for matters of cognizance to be taken of such offences. when all these provisions have been kept in view, it emerges that every employer was required to comply with sub sections 2 and 3 of section 7 on his own without waiting for a formal application to ..... becomes payable to the person to whom the gratuity is payable. therefore, when sub sections 1, 2 and 3 of section 7 of the act are read together it emerges that the employee is entitled to make a formal claim for payment of gratuity, but however, irrespective of the fact whether or not such a claim has been made .....

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Sep 13 2012 (HC)

The Secretary, Siddhartha Academy of General and Technical Education a ...

Court : Andhra Pradesh

..... social welfare legislation came to be made providing for a scheme for payment of gratuity to the employees engaged in factories, mines, oil fields, plantations, ports, railway companies, shops and other establishments. this enactment was brought into force through a notification dated 16.09.1972. sub-section (3) of section 1 of the act ..... case was initiated, has been impleaded as respondent to each of these writ petitions apart from the official respondents. an educational society, registered under the provisions of the societies registration act, is got up for the purpose of running educational institutions imparting both general and technical education. this society has established an ..... ensuring uniform pattern for payment of gratuity to the employees through out the country. a broad consensus for a central legislation on the subject has emerged at the labour ministers conference held on 24th and 25th august 1971. a similar sentiment was expressed by the indian labour conference at its .....

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Sep 13 2012 (HC)

The Secretary, Siddhartha Academy of Gen Vs. the Appellate Authority U ...

Court : Andhra Pradesh

..... social welfare legislation came to be made providing for a scheme for payment of gratuity to the employees engaged in factories, mines, oil fields, plantations, ports, railway companies, shops and other establishments. this enactment was brought into force through a notification dated 16.09.1972. sub-section (3) of section 1 of the act ..... case was initiated, has been impleaded as respondent to each of these writ petitions apart from the official respondents. an educational society, registered under the provisions of the societies registration act, is got up for the purpose of running educational institutions imparting both general and technical education. this society has established an ..... ensuring uniform pattern for payment of gratuity to the employees through out the country. a broad consensus for a central legislation on the subject has emerged at the labour minister's conference held on 24th and 25th august 1971. a similar sentiment was expressed by the indian labour conference at its .....

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Dec 13 1978 (HC)

Venkateswara Stainless Steel Wire Industries, Hyderabad Vs. Chief Cont ...

Court : Andhra Pradesh

Reported in : 1988(34)ELT49(AP)

..... been controlled by orders issued in exercise of the powers conferred by rule 84 of the defence of india rules, 1939, as extended by the emergency provisions (continuance) ordinance 20 of 19546. by section 3 of that act, it was provided: '(1) the central government may, be order published in the official gazette ..... * * (3) * * * *' by section 4, the orders made under rule 84 of the defence of india rules, 1939, or under that rule as continued in force by the emergency provisions (continuance) ordinance, 1946, and in force immediately before the commencement of the act were, insofar as they were not inconsistent with the ..... respondents acting upon that representation under the belief that the government would carry out the representation made by it. ** ** ** ** ** ** therefore, even assuming that the provisions relating to the issue of trade notices offering inducement to the prospective exporters are in charter executive, the union of government and it s officers are, on the authorities of .....

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Dec 13 1978 (HC)

Venkateswara Stainless Steel Wire Industries, Hyderabad Vs. the Chief ...

Court : Andhra Pradesh

Reported in : AIR1979AP280

..... then been controlled by orders issued in exercise of the powers conferred by r. 84 of the defence of india rules, 1939, as extended by the emergency provisions (continuance) ordinance 20 of 1946. by s. 3 of that act, it was provided:'(1) the central government may, by order published in the official gazette, make ..... ) & (3) ...............'by s. 4, the orders made under r. 84 of the defence of india rules, 1939, or under that rule as continued in force by the emergency provisions (continued) ordinance, 1946, and in force immediately before the commencement of the act were, in so far as they were not inconsistent with the ..... action taken by the respondents acting upon that representation under the belief that the government would carry out the representation made by it.therefore. even assuming that the provisions relating to the issue of trade notices offering inducement to the prospective exporters are in character executive, the union government and its officers are. on the authorities of .....

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Feb 06 2006 (HC)

K. Swarna Kumari, Subordinate Judge (Compulsorily Retired) Vs. Govt. o ...

Court : Andhra Pradesh

Reported in : 2006(2)ALD585; 2006(2)ALT289; [2006(110)FLR282]; (2006)IIILLJ570AP

..... a statute, ranges from denial of relief to prospective overruling of the statute in question. in the fundamental case of great northern railway v. sunburst oil and refining company 287 us 358 (1932) cardozo, j identified and applied the doctrine of prospective overruling to minimize the chaotic effects of invalidation ..... effect of judicial decisions has evolved and vigorously. the application or otherwise (of the retroactive principle governing judicial pronouncements) on the meaning of constitutional provisions or statutes has been differently applied to civil and criminal judicial proceedings - see linkletter v. walker. 381 us 618. refined guidelines for application ..... area are still evolving in american jurisprudence.17. the point that is relevant to our situation is that the courts evolve principles to meet emerging and dynamic conflicts; to achieve balancing and equilibrium even in justice administration. the tumultuous or chaotic effects of overruling an existing precedent or .....

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Mar 15 2012 (HC)

Greenlands Ameerpet Madhuranagar Yusufguda Srikrishna Nagar Joint Acti ...

Court : Andhra Pradesh

..... metro rail project is being executed under the andhra pradesh municipal tramways (construction, operation and maintenance), act, 2008. they have impliedly stated that the provisions of the metro railways act are not followed. the andhra pradesh state legislature enacted the a.p. tramways act. in the whole of the enactment, the word ..... a local authority in respect of a municipal area within its jurisdiction or any other authority, agency or body of the state government or a government company may make an application for the development, construction, management, operation and maintenance of a tramway system in a municipal area. (2) a local authority ..... would become wiser and on account of such objections or suggestions being considered dispassionately, a meritorious and acceptable decision would emerge. obviously, in consonance with this, the a.p legislature made provisions for inviting objections, consideration of the same, and taking a final decision (section 4), whenever it is proposed to .....

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Apr 08 1982 (HC)

Chinthalacheruvu Chenchamma and ors. Vs. the District Collector, Nelor ...

Court : Andhra Pradesh

Reported in : AIR1982AP445

..... should be solved expeditiously. the greater the delay the more urgent becomes the problem. therefore, one can never venture to say that the invocation of the emergency provisions of the land acquisition act for providing house sites for harijans is bad merely because the official entrusted with the task of taking further action in the matter ..... of fifteen days from the publication of the notice mentioned in s. 9(1) take possession of any waste or arable land needed for public purposes or for a company. such land shall thereupon vest absolutely in the government free from all encumbrances. sub - section (2) of s. 17, as amended by the madras amendment act ..... of 1948 reads as follows:-'(2). in the following cases, that is to say- in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any railway administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a riverside or ghat .....

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Sep 30 1981 (HC)

Aga Construction Vs. Cheif Engineer, Municipal Corporation of Hyderbad ...

Court : Andhra Pradesh

Reported in : AIR1982AP70

..... shall also scrutinise the tender received and make recommendations to the commissioner who shall deal with the tenders in accordance with the provisions of the act. 5. thereafter the government consulted the advocate general , who opined that the rule without amending the act ..... formation of opinion that they render it necessary to take an immediate action. in this connection they purported to follow - barium chemicals ltd. v. company law board , : [1967]1scr898 ; rohtas industries limited v. s. d . agarwal, : [1969]3scr108 .12. i am afraid, ..... which existed , nor is he bound to prove affirmatively in a court of law that the a state of emergency did actually exist and the court cannot go into the question of validity of an ordinance made by the governor ..... art. 213 do not exist. and they have failed to discharge it. if at all the facts are against them. railway over bridge at begumpet , public etc., are work of public importance. they cannot brook any delay. pre-qualification notice was .....

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