Judgment Search Results Home > Cases Phrase: railway companies emergency provisions act 1951 section 9 penalties Page 11 of about 40,715 results (0.383 seconds)

M/S. S.K.L. Co. Vs. Chief Commercial officer and Ors.

Court : Supreme Court of India

..... owned it is subject not only to the provisions of the act but also the fundamental rights guaranteed by part iii of the constitution. however much before the advent of the constitution when different railways were owned by incorporated companies, section 28 of the act precluded the different railway administrations from granting undue preference to any particular ..... know what class of goods are required to be sent to any particular area expeditiously to meet some shortage, or for national security or to meet an emergency or any natural or man-made catastrophe so as to accord special treatment in the matter of transport. section 28 can be said to some extent ..... is the object underlying section 28. if everyone was to get equal facility for transport of his goods by railway without anyone claiming priority or anyone having power to grant preference or special facility, in an emergency this equal opportunity would create a havoc. therefore on the other hand, the central government to meet the .....

Dehra Dun Mussorie Electric Tramway Co. Ltd. and anr. Vs. Jagmandar Da ...

Court : Allahabad

Reported in : AIR1932All141

..... prohibits the delegation of a general power of borrowing but we think it does not prohibit the managing agent from incurring a temporary loan in an emergency, for protecting the interests of the company.6. even if mr. beltie shah acted ultra vires in obtaining this loan it appears that his action was clearly ratified by the board of ..... whether the mortgage deed was executed in such a manner as to bind the company under the provisions of company law.9. the mortgage deed was signed by mr. beltie shah in his capacity as managing agent of the company and it bears the common seal of the company. the appellants refer to article 98(t) of the articles of association and ..... managing agents to the effect that in order to secure the overdraft of rs. 25,000 obtained by the company from messrs. bhagwan das & co., bankers at dehra dun, the company's land known as the khazanchi bagh near the dehra dun railway station, be legally assigned to the said messrs. bhagwan das & co., on such terms and conditions as .....

Keshavan Madhava Menon Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1951SC128; (1951)53BOMLR458; 1951CriLJ680; (1951)IMLJ370(SC); [1951]2SCR228

..... with the articles of the constitution by a process of amendment, repeal or adaptation. the president could have repealed the press (emergency powers) act and brought the law in accordance with the provisions of part iii of the constitution and if he had used the powers of repeal given to him by this article, the ..... is the appellant before us, was the secretary of people's publishing house, ltd., a company incorporated under the indian companies act with its registered office at 190-b, khedwadi main road in bombay. in september, 1949, a pamphlet entitled 'railway mazdooron ke khilaf nai zazish' is alleged to have been published in bombay by the petitioner ..... as the secretary of that company. learned counsel for the petitioner states that the pamphlet was published as a 'book' within the .....

Babulall Choukhani Vs. Caltex (India) Ltd.

Court : Kolkata

Reported in : AIR1967Cal205,71CWN458

..... perhaps out of place to refer to section 599 ibid falling under part xi captioned: companies incorporated outside india. this section (section 599) provides inter alia that any failure by a foreign company (just as caltex are) to comply with any of the foregoing provisions of this part (section 592 et seq.) shall not affect the validity of any contract ..... the option period, though it appears to have confirmed the terms come to between babulall and the caleatta district office on april 30 and may i, 1.963. what emerges instead is that the district office took that decision -- a mutter which was within its 'purview', as i have it on the high authority of the head office ..... courts act 1882 (almost in similar terms to section 20 of the procedure code and clause 12 of the letters patent), even though the head office of the railway was at bombay, and that the bombay presidency small cause court had therefore no jurisdiction to try the suit. kalwani's case : air1960cal430 reveals non-delivery of .....

Delhi High Court Bar Association and anr. Vs. Govt. of Nct of Delhi an ...

Court : Delhi

..... as well as their interpretation are relevant and read as follows: judicial review and justiciability:59. it is in the light of these other provisions relating to the emergency that we have to construe the provisions of article 356. the crucial expressions in article 356(1) are - if the president, "on the receipt of report from the ..... there is a manifest error in the exercise of such power or the exercise of the power is manifestly arbitrary. [reference: (2003) 4 scc579(para 13), indian railway construction company limited v. ajay kumar and; (1988) 4 scc59 state of up v. renu sagar power co.].392. we usefully notice the principles on which unreasonableness would ..... appropriate measures, transfer a part of its judicial functions or powers to the tribunals or other such bodies. this view is expressed by this court, in associated cements companies ltd. v. p.n. sharma : air1965sc1595 xxx xxx xxx 137. article 21 of the constitution of india takes in its sweep the right to expeditious and fair .....

Mckittrick Vs. Arkansas Central Ry. Co.

Court : US Supreme Court

..... the plaintiff below, is a citizen of great britain. he sues on behalf of himself and all holders of bonds issued to the arkansas central railway company by the state of arkansas under the provisions of an act of the general assembly of that state entitled "an act to aid in the construction of railroads," approved july 21, 1868. the ..... awarded to that corporation such aid for a distance of 150 miles, and at the rate of $15,000 per mile. of that action notice was given to the railway company. the railway company was authorized by its charter to construct, maintain, and operate a railroad from helena, in the county of phillips, through the counties of phillips, monroe, arkansas, prairie, ..... credit of the state being in jeopardy, it was competent for and within the powers of the general assembly of the said state to provide against any and all emergencies, and to create means for the payment of the bonds and the interest thereon, which were then issued or to be issued, and by said act of april .....

The Printers House Private Ltd. Vs. Misri Lal Dalip Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1970P& H1

..... of the urgency provisions reproduced above is that waste or arable land needed for a public purpose or a company may be taken possession of after 15 days of the publication of the notice under sub-section (1) of section 9 in case of emergency, while under sub-section (2) the railway administration under clause ..... the following cases, that is to say, -- (a) whenever owing to any sudden change 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 river-side or ghat, ..... (a), the collector under clause (b) in specified cases and the state government under clause (c), wherever it considers the public purpose to be of urgent importance may through a collector acquire immediate possession of the land without resort to the provisions .....

J.C. Chakravarti Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (1978)IILLJ139Cal

..... account the legislation relating to general insurance business in india which had till then been carried on by a number of indian and foreign companies.6. on may 13, 1971 the general insurance (emergency provisions) ordinance, 1971 was promulgated whereby on the said date the management of the undertaking of all insurers (which under section 2(a) ..... to compel him to carry out the terms of the statute by which the society is controlled... and to command dock, railway and similar companies to carry out the duties placed upon them by the provisions of the act authorising their undertakings.in corpus juris secundum vol. 73 (1951) page 998, article 7 it is provided ..... officer, head quarters, eastern command v. paresh chandra gupta, (1975) l & i cases 538 and also in ranjeetmal v. general manager, northern railway : [1977]2scr409 . the indian insurance company was not made a party to the rule when its hearing took place in august, 1975 and the further question would then arise as to the issuance .....

Bharat Bhari Udyog Nigam Ltd. Vs. Jessop and Co. Ltd. Staff Associatio ...

Court : Kolkata

Reported in : (2003)4CompLJ333(Cal)

..... in the contention that there should be proper pleading either in the plaint or in the petition to build up a case on the basis of the provisions of section 256(4) of the companies act.'27. as against this, mr. pal, learned counsel for the writ petitioners submitted that courts normally, take a very liberal approach in the ..... go to the trial on the basis that the claim was known to the other side, want of pleading would not prejudice the parties. therefore, the principle which emerges is that if there are lack of pleadings, but the facts arc well known to both the parties, and they have gone on trial and no prejudice has been ..... recommended only for 6 scheduled industries, namely :i. coal and lignite;ii. mineral oils;iii. arms, ammunitions and defence equipment;iv. atomic energy;v. radioactive minerals; andvi. railway transport.14. therefore, by virtue of this policy, a distinction was made between strategic and non-strategic sector. so far as the strategic sector is concerned, holding of 51 .....

Jewan Ram Khettry Vs. E.i. Ry. Co.

Court : Kolkata

Reported in : AIR1925Cal108,(1924)ILR51Cal861,84Ind.Cas.102

..... was adduced on this matter at the trial was to the effect that experience had fortified the view which the railway company had previously held that for the purpose of averting accidents similar to the one in question the provision of a searchlight was useless. i accept, and agree with, that opinion. the beam of the searchlight now ..... had noticed that the track was out of order, to realize the situation, and to make up his mind as to how he ought to act in such emergency,--a matter of no little importance when it is remembered that the train would take less than 5 seconds to cover 300 ft.--it is obvious under the circumstances ..... not have occurred. but it was urged by mr. robertson that the provision of a pilot engine would seriously have interfered with the working of the traffic arrangements over the whole system, while counsel for the defendant company suggested that it would have involved the railway company in extraordinary additional expenditure. assume it to be so, the existence of .....