Judgment Search Results Home > Cases Phrase: the appropriation railways act 2014 Court: kolkata Page 1 of about 1,917 results (0.174 seconds)

M/S. Maa Enterprise Vs. Union of India

Court : Kolkata

..... the rule as recognised by the supreme court appears to be that the courts are not powerless to take appropriate measures under section 11 of the said act to ensure that arbitration is meaningfully held and concluded. ..... the rule as recognised in northern railway was extended to imply that a stipulation in the arbitration agreement that if the nominating authority were not to appoint the arbitrator there would be no arbitration, was contrary to the scheme of section 11 of the 1996 act in indian oil corpn. ..... [(2013) 4 scc35 and north eastern railway versus tripple engineering works [(2014) 9 scc288 led to the view expressed in the penultimate paragraph of the most recent judgment reported at (2015) 2 scc52(union of india versus uttar pradesh state bridge corporation ltd. ..... in view of the judgments as recognised, particularly, the dictum in northern railway, it cannot be said that the substantive agreement to go to an arbitral reference can be defeated by a recalcitrant appointing authority failing to discharge the obligation of constituting the arbitral tribunal in terms of the arbitration agreement. ..... this view expressed by the supreme court lead to a divergence of opinion which was reconciled in northern railway admn. .....

Agarwala and Co. and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR2007Cal90

..... it further appears to me in view of the provisions of sub-section (4) of section 72 of the railways act, 1989 that the railway authority has the power to take appropriate steps in case the weight of the goods exceeds maximum carrying capacity. ..... samanta further submits that under the provisions of section 73 of the railways act, 1989, the railway administration has the option to offload the goods beyond the permissible carrying in capacity and to recover cost of charges for detention of wagons and the cost of handing of bags subject to obtaining the sender's instruments regarding disposal of the goods as required under the provisions of paragraph 1877(d) of the indian railway commercial manual-ii. ..... samanta further submits that on receipt of the representation dated october 30, 1991 with a request of reweighment of the said consignment in presence of the petitioners, as per provisions of paragraph 1744 of the indian railway commercial manual-ii read with the provisions of section 79 of the railways act, 1989, it was not permissible for the respondent authority to sit tight over the matter. mr. ..... therefore, there was a failure on the part of the respondent authority to comply with the provisions of section 79 of the railways act, 1989 read with the provisions of paragraph 1744 of the indian railway commercial manual ii. .....

Union of India (Uoi) Vs. Arjun Singh

Court : Kolkata

Reported in : (1961)IILLJ454Cal

..... in this rule, obtained by the eastern railway administration, represented by the union of india, the only point that arises is whether the learned judge, second bench, court of small causes, calcutta, acting as the appropriate appellate authority under the payment of wages act, was justified in setting aside the order of the 'authority' under the said act, rejecting the opposite party's application, claiming certain wages from the petitioner railway, and remanding the case to the said 'authority' for trial on merit.2. ..... against the above order of rejection, the opposite party preferred an appeal to the appropriate appellate authority. ..... 617 of 1954 of the court of the munsif, nagina, district bijnor, uttar pradesh, brought by the opposite party against the petitioner railway administration, the said order was declared void and inoperative and it was further declared that the opposite party was continuing in service under the petitioner with all rights and liabilities, attaching to the post of a civil servant, and the said decision was affirmed in appeal by the civil judge, bijnor, on 9 august 1958; and (d) that in the circumstances, the opposite party was entitled .....

Chandmoni Majhin Vs. Coal India Ltd. and Ors.

Court : Kolkata

..... , these writ petitions are dismissed giving liberty to the petitioners to agitate their claim for regularization/absorption before the appropriate forum that is, the central administrative tribunal or the forum under the id act, 1947, in accordance with law. .7. ..... we are of the opinion that when regularization/absorption and/or reinstatement/continuance is sought in the service of the eastern railway, the central administrative tribunal will have the jurisdiction and as per provisions of section 28 of the act of 1985, the matter can also be filed before the industrial tribunal or the labour court, as the case may be ..... the matter referred on her behalf under provisions of the industrial disputes act was however not considered a dispute fit for adjudication by the respondent no.10 in view of its communication date 6th february, 2014 ..... any rate, it is not in dispute that the petitioner had filed the writ petition after the reference sought to be raised on her behalf was disallowed by the competent authority represented by the respondent no.10 by its letter dated 06.02.2014 (annexure p-8 ). ..... but, the government of india (represented by respondent no.10) did not consider the dispute fit for adjudication by its communication dated 6th february, 2014, which is annexure-p8 to the writ petition ..... receiving such communication later on, the petitioner filed this writ petition on 1st of september, 2014. ..... reported in (2014) 1 scc603 it was held ..... no.841 of 2014 chandmoni majhin versus coal india .....

Nawab Syed Mahammad Hashim Ali Khan and anr. Vs. Iffat Ara Hamidi Begu ...

Court : Kolkata

Reported in : AIR1942Cal180

..... (2) it is at any rate invalid under the shia law; (a) because the wakif, the prince, created an interest in himself; (b) because (i) the appropriation was postponed to a future date, namely, till the expiry of shaheba khatoon's lease; and (ii) because the appropriation of 2/l0th given as allowance to the 'heirs' of the wakif was postponed till the prince's death; (c) because the landlord's reversion which was in the prince after the execution of the lease in favour of shaheba khatoon cannot in law be the subject-matter of a wakf; (d) because the whole of the income was not appropriated as a provision for a reserve fund ..... (3) the wakf has not been made valid by the wakf validating act (6 of 1913); (a) because it is otherwise invalid under the shia law; (b) because the ultimate gift to charity (3/l6th of the net income is too small); (c) because the ultimate gift to charity is more remote than allowed by the said act; (d) because the proviso to section 3 of the act has not been complied with, as the ultimate gift is not valid in law, the charitable and pious object not being specified by the wakif; (e) because of para. .....

Mahammad Nassair Vs. Mahammad Yusuf and ors.

Court : Kolkata

Reported in : AIR1954Cal524

..... it is, however, contended on behalf of the defendant that the dedication in the present casein favour of charity is too remote and the ultimate gift is an illusory one; there is no out and out appropriation at the time of the wakf and by the introduction of the daughters' lines as being entitled to the property under certain contingencies there is an uncertainty which invalidates the wakf.18. ..... one of the essential conditions of a valid wakf is that the appropriation must be at once a complete one. ..... from the structures or from the lands which are let out or may in future be derived from the 'patit' land will be taken by all the four executants during their lifetime subject to the condition appearing in paragraph 4 of the wakf-al-aulad under which the income from the property included in schedule kha of the wakf-al-aulad would be utilised on account of the taxes and rents 'et cetra' of the entire wakf property and the expenses for the preservation and upkeep of the entire wakf property and for the repairs of the ..... if the vesting in charity is to be postponed not only after the dependents of the wakf and the members of his family but also of distant kindred the ultimate gift to charity must be held to be more remote than was allowed under section 4 of the mussalman wakf validating act. ..... purpose will be considered, to be 'religious, pious or charitable' under clause 2(1) of the wakf act also.14. .....

Forbes Gokak Ltd. Vs. Principal Commr. of Customs

Court : Kolkata

Reported in : 1997(93)ELT14(Cal)

..... argued by the learned advocate for the respondents that the expression 'any penalty' occurring in the aforesaid words forming a part of clause 3 of the bond were sufficient to indicate that the appropriation of rs. ..... in so far as the question relating to the liability of confiscation of the vessel and imposition of any penalty on the master of the ship was concerned, in the part immediately preceding the above quoted operative part, the commissioner of customs (preventive) made the following observations :-'as far as liability to confiscation of vessel and penalty on master of the vessel is concerned, the thrust of learned advocates plea had been that requirement of section 115 of the customs act regarding the knowledge of the master of the vessel about the concealment of gold has not ..... so also because the master and the owner of the ship had clearly stated that they had nothing to do with the recovery of the gold biscuits and that this smuggling of the gold biscuits was the personal act of the radio officer, without the knowledge of the master or the owner of the ship.12. ..... there is no doubt therefore that the parties never intended that the bond was meant for any purpose relating to the personal liability of the radio officer, learned advocate for the respondents could not point out any provision in the customs act whereby the customs authorities are empowered to obtain any bond from any person in respect of anticipated liability of a person from whom any contraband .....

(Prince) Gholam HossaIn Shah and ors. Vs. Altaf HossaIn and ors.

Court : Kolkata

Reported in : AIR1934Cal328

..... of superintendence of religious establishments, the appropriation of their endowments, the preservation of buildings connected therewith, and the appointment of trustees and managers or connected in any way with the management of such establishments; and by the provisions contained in sections 7 and 12, all those duties in the case of religious endowments to which section 3 applied, were fully transferred to the committee appointed by the local government, to take the place and to exercise the powers of the board of revenue and the local agents ' the effect of the enactment was to confide to the committee the same duties and ..... the reason for the action taken ay the committee was specifically mentioned by the plaintiffs in the suit in the following manner:thereafter it having come to the notice of the committee that defendant 1 was trying to assume powers which did not fully belong to him and to act to the detriment of the imam-bara, and in disregard of the control of the committee, in such a way as to impair the ultimate responsibility of the committee for the welfare of the institution, gave him notice on 16th march 1926, asking him to vacate the office, with effect from the first of july .....

Services Pvt. Ltd. Vs. Union of India

Court : Kolkata

..... it is submitted on behalf of the railways that as to whether the railways are entitled to institute proceedings before any authority under the bengal public demands recovery act, 1913 is not a question that should be raised in cours.of the present proceedings since such issue can be gone into before the appropriate officer. ..... the railways or the appropriate officer should take immediate steps for the constitution of an arbitral tribunal irrespective of whether any notice has been received by any officer, since a copy of the notice has been appended to the petition herein ..... the petitioner claims to have served a notice on the appropriate officer invoking the arbitration clause ..... it will also be open to the railways to seek appropriate orders in support of the claim but such orders may be sought within the ambit of the arbitration clause. ..... the petitioner says that a notice of termination has been issued which the petitioner has accepted but the railways have made a claim on the petitioner though the petitioner would be entitled to receive substantial money on account of the work done prior to the termination of the contract ..... the railways are restrained from taking steps to recover the amount demanded from the petitioner by way of any proceedings under the bengal public demands recovery act. ..... is no merit in allowing misconceived proceedings to be launched or proceeded with since it is evident that the claim of the railways, if any, against the petitioner, arises only out of a contract. .....

Union of India and Ors. Vs. Skylark Fiscal Services Pvt. Ltd. and Anr.

Court : Kolkata

..... judge while setting aside the demand of the punitive charges, observed that the appellant authority failed to maintain procedural fairness in the light of the provisions of sections 65 and 79 of the railways act, 1989 (hereinafter referred to as the said act, 1989) read with paragraphs 1422, 1423, 1424 and 1745 of the indian railways commercial manual (hereinafter referred to as the ircm).it is submitted by mr.ashok kumar chakraborty, learned senior advocate, appearing on behalf of the appellants, at the very outset that the writ application was not maintainable on the grounds of availability of efficacious ..... according to him, the railway claim tribunal was the appropriate forum for adjudicating the claim of the appellant. ..... there is no doubt that such aspect of the matter will engage the attention of the appropriate division bench while adjudicating the matter before it and considering whether the answers to the questions posed in the reference would be of any relevance in the state of the facts. ..... in the high court at calcutta constitutional writ jurisdiction original side present: the hon ble justice debasish kar gupta and the hon ble justice md.mumtaz khan apo no.154 of 2014 with wp no.137 of 2009 union of india & ors.versus skylark fiscal services pvt.ltd ..... the appeal bearing apo no.139 of 2014 stands disposed of without passing any further order ..... the appeal bearing apo no.154 of 2014 stands dismissed ..... with apo no.139 of 2014 with wp no.137 of 2009 skylark fiscal services pvt.ltd .....