Judgment Search Results Home > Cases Phrase: the appropriation railways act 2014 Court: kolkata Page 19 of about 1,917 results (0.180 seconds)

Jupiter Alloys Steel (India) Ltd. Vs. Union of India and anr.

Court : Kolkata

..... however, this deemed dismissal of this suit from 15th july 2013 will not prevent the appropriate court from receiving any suit or proceeding before that date. ..... this order of dismissal of the suit will be deemed not to come into effect before 15th july 2013 during which period the interim order will be valid, or until orders of the appropriate court, whichever is earlier. ..... hence this suit is dismissed with liberty to the plaintiff to file another suit on the self-same cause of action before the appropriate court. ..... nevertheless, i am of the opinion that some protection should be given to the plaintiff to enable them to bring an appropriate proceeding in the proper court, as this point was not taken earlier and the interim order is continuing for long. ..... ganguly, advocate for the central railway the court: mr.reetoborto mitra, learned advocate has been very fair to this court by quickly realising the import of clause 2703 of the conditions of contract which are contained in the instructions to tenderers issued by the central railway. ..... taking into account the objection of the railways regarding jurisdiction, as raised by mr.bose, learned senior advocate, i have to dismiss the suit. ..... furthermore, i make it clear that protection under section 14 of the limitation act will be available to the plaintiff from the date of institution of this suit till this date. ..... all parties are to act on a signed photocopy of this order on the usual undertakings. .....

Passed in Union of India and ors. Vs. Ultra Tech Cement

Court : Kolkata

..... mr.sarkar, learned advocate appearing for the petitioners submits that the impugned notice is without jurisdiction and that the punitive charges had been demanded after unloading of the goods and that such demand is violative of provisions of section 73 of the railways act, 1999 (hereinafter referred to as the said act of 1999) which permits recovery of punitive charges prior to delivery of the goods. ..... in the instant case, the authority of the railways to realize the penalty is not disputed by the petitioners but the grievance is that such demand could not have been made by the railways subsequent to unloading of goods and that too upon reweighment in absence of the petitioners.in my opinion, the respondents were bound to show, before it imposed the punitive charges on the petitioners.that there had been a proper adjudication of the alleged liability of the petitioners for which punitive charges were ..... mr.sarkar further submits that the goods were loaded upon acceptance of the weight as disclosed by the petitioners and that prior to reweighment of the goods it was incumbent upon the respondents to issue appropriate notice to the petitioners.in support of his contention, mr.sarkar had relied upon the following judgements :a) unreported judgement dated july 30, 2009 delivered in the case of ultra tech cement limited & another versus union of india & others.b) unreported judgement dated 27th january, 2010 delivered in the appeal against the judgement dated 30th ..... 1st april, 2014. .....

The Indian Iron and Steel Co. Ltd. Vs. the Union of India (Uoi)

Court : Kolkata

Reported in : AIR1978Cal46,82CWN301

..... he, however, found that the notice under section 77 of the railways act not having been served on the general manager of the eastern railway was invalid and insufficient. ..... he found that the notice under section 77 of the railways act and that under section 80 of the civil p. c. ..... thereafter, the plaintiff, after service of a notice under section 77 of the railways act and another notice under section 80 of the civil p. c. ..... if it is held that the starting point of limitation should be computed from the date of communication to the plaintiff by the railway as to when the loss had occurred and not from the date when the loss had occurred, we are afraid, it would be amending the article. ..... but it is contended on behalf of the plaintiff appellant that as the railway had not communicated to the plaintiff the date when the loss had occurred till by the letter of the chief commercial superintendent dated september 28. ..... on appeal by the union of india, the learned additional district judge agreed with the finding of the learned subordinate judge that loss of the goods was due to the negligence or misconduct on the part of the railway administration or its employees. ..... the supreme court compared the language used in the third column of article 31 with that used in certain other articles of the indian limitation act and observed that where the legislature intended that time should run from the date of refusal, it had used appropriate words in that connection. .....

Gargi Nath Vs. State of W.B. and ors.

Court : Kolkata

Reported in : 2005(2)CHN468

..... the railway authorities might be obliged to take appropriate action for misuse of railway ..... receipt of donations from students and guardians during the financial years 2000-01, 2001-02 and 2002-03 in arbitrary manner without uniformity and without approval of the governing body; (3) acts of serious insubordination to the governing body and other higher authorities and distortion of facts in agenda and resolutions of governing body meetings and distortion in presentation of facts to other authorities; (4) violation of extant norms and rules of calcutta university during the years 2002-2003 and 2003-2004; (5) ..... purposive and meaningful interpretation, section 11(2) of the said 1975 act must be construed to confer implied power on the vice-chancellor of the affiliating university to interfere with an order of suspension, as otherwise the requirement for communication of an order of suspension, to the vice-chancellor, would be rendered an idle formality ..... dereliction of duty as center-in-charge for the university examinations of the year 2003; (6) tampering of official records and .....

Pramod Kumar Mittal Vs. Andhra Steel Corporation Ltd. and ors.

Court : Kolkata

Reported in : [1985]58CompCas772(Cal)

..... clauses act as well as the lands clauses act, and has mentioned therein that 'undertaking' is defined to be the undertaking of works by the special act authorised to be executed and in the private act, the object appears to be not so much to describe what is included in the word ' undertaking ' as to divide by metes and bounds, or otherwise the various undertakings of the company from each other, the learned lord justice observed at pages 216 and 217 as follows :' the object and intention of parliament, however, in the case of each of these various undertakings, was clearly to create a railway ..... the learned judge thought that, in the circumstances, the best thing would be to pass such orders as he thought fit on the assumption that the allegations made by the petitioner against the respondents were correct and that the conditions prescribed under section 398 of the act giving him jurisdiction to pass appropriate orders under section 402 had arisen and existed. ..... he also thought that passing appropriate orders on such assumption would cause no prejudice to the respondents inasmuch as there was going to be no admission on the part of any of the respondents in respect of the allegations contained in the petition and no finding was being recorded by him on any of the issues framed in this case and no prejudice would be caused to such of the respondents against whom other proceedings had been instituted in the matter of those proceedings. .....

Calcutta DioceasIn Trust Association (P) and anr. Vs. Mrinal Chowdhury ...

Court : Kolkata

Reported in : (1997)2CALLT88(HC)

..... we cannot overlook the prejudice that has been caused by the impugned order because of no such opportunity having been afforded to the appellant/ added respondent by the impugned order having been passed in its presence having because binding on it.we, accordingly, set aside the impugned order only on the ground as indicated above and remand the writ application to the appropriate court for being heard out on merit after affording appropriate opportunities to all the parties to bring relevant materials on ..... keep on record that a contempt application had been filed on behalf of the appellant the same would stand disposed of in view of the disposal of the appeal by us subject to the liberty to the parties to pray for appropriate reliefs before the learned trial judge abiding by the results of the writ application. ..... while doing so the learned trial judge construed the provisions of sections 324 and 333 of the bengal municipal act and came to a factual finding that the required criteria in terms of the said statutory provision being absent in the case, the notice issued by the municipality was untenable and ..... it was further pleaded that the appellant's endeavour to get injunction before the civil courts also proved abortive and lastly the criteria required by the statutory provisions of the bengal municipal act, which vested authority in the municipality to take steps as were under challenge in the writ proceeding, not being fulfilled the said sections could not be said to have been .....

Monoranjan Mondal and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... failure of the respondent-railways to act in the matter of appointing arbitrator, is a condition precedent for the applicability of the new act of 1996 and since, the railway authorities always were ready and willing to appoint arbitrators and in fact, had offered to appoint arbitrators and subsequently appointed arbitrators, the railway-respondents cannot be held to be guilty of any inaction on their part in appointing arbitrators so that 1996 act can be ..... whatever might have been agreed by the petitioners in their disputed 145 contracts as referred to above regarding arbitration, in view of the stand taken by the senior counsel to the railways before the supreme court, as would appear from the order of the hon'ble supreme court dated august 21, 1995 as referred to above, the railway-respondents had waived all their rights in the matter of appointing arbitrators in the matters under the clause 63 of the general clause of arbitration, more so, when the contempt application and the interlocutory application being i.a. no. ..... 1996 and the supreme court in its order dated 6th of december, 1996 observed inter alia, that a controversy had arisen as to whether the arbitration proceedings in question, should be governed by the provisions of the arbitration act, 1940 or by the provisions of the arbitration and conciliation act, 1996 and as such let both the above applications be listed before an appropriate bench in the 2nd week of january, 1997 for consideration of the question aforesaid. .....

Sukhram Singh Alias S.R. Singh Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (1991)2CALLT1(HC),95CWN1187

..... 7 days from the receipt of the report of the enquiry make his representation, if any, in respect of such report to the authority concerned;(c) the disciplinary authority on consideration of such representation of the petitioner, shall pass a second show cause notice along with the proposed penalty inviting the petitioner to give a reply to the same;(d) the petitioner shall submit his reply to the second show cause notice within 10 days of the receipt of the letter containing the proposed penalty; and(e) on receipt of the reply to the second show cause notice the appropriate authority will ..... be made to clause (2) of sub-rule 10 of rule 44 of the railway protection force rules, 1959, hereinafter referred to as the rules.44(10) (2) 'if it is of opinion that any of the penalties specified in clause s (a) 'to (d) of rule 41 should be imposed, it shall-(a) furnish the member so charged with a copy of the report of the inquiring authority and where the disciplinary authority, is not the inquiring authority, a statement of its finding together with brief reasons for disagreement, if any, with the findings of the inquiring authority;(b) give hint a notice stating the action proposed to be taken on regard to him ..... the respondents are to act according to the sequence prescribed here in under if they want to prosecute the matter any further. .....

G. Phalaguna and ors. Vs. the General Manager and ors.

Court : Kolkata

Reported in : (2005)3CALLT404(HC)

..... advocate argues that though the occupants, stated to be there from the year 1964, have no established right to occupy any part of the land concerned and reside therein, the railway authorities are not entitled or empowered to evict or remove them from any part thereof, without following the due process of law; - that is to say, without initiating appropriate proceeding under the provisions of the public premises (eviction of unauthorised occupants) act, 1971.5. ..... advocate for the respondents says that in view of provisions of the railways act, 1989, section 147 [or removing the petitioners and other occupants of the area which is admittedly a railway land, there is absolutely no reason to initiate any proceeding under the 1971 act, when the admitted position is that the petitioners and other occupants of the area have no right whatsoever to occupy any part of the land for any purpose whatsoever.7. ..... when provisions of section 147(2) of the railways act, 1989 clearly empower the railway servant to remove an unauthorized occupant of any railway land, in my view, there is absolutely no scope or reason to say that without initiating a requisite proceeding under provisions of the 1971 act, the railway authorities are not entitled or empowered to evict or remove the petitioners and other occupants of the land or any part thereof.10. .....

Hindustan Motors Limited Vs. State of West Bengal

Court : Kolkata

Reported in : 2005(1)CHN41

..... pal urged that since the local area defined in the aforesaid notification is not contiguous to the municipality within the meaning of section 6(1) of the bengal municipal act, 1932, one of the conditions precedent for issuing the notification under section 6(1 )(d) of the said act was absent and both the initial notification dated 16th september, 1969 and the final notification dated 24th december, 1971, were without jurisdiction and ultra vires the aforesaid act. ..... pal submitted that the local area defined in the notification dated 24th december, 1971, lies to the west of the municipality and is completely separated from the municipality by a strip of land belonging to the eastern railway administration of the central government and lying completely outside the local limits of the uttarpara-kotrung municipality. mr. ..... pal also submitted that the law had been settled by the hon'ble supreme court that articles 226 of the constitution is meant for speedy remedy and is couched in widest possible terms and encompasses the power of the high court to even treat a review petition as a fresh writ petition and pass appropriate orders. ..... the order disposing of the writ petition also provided that the respondents therein or any other appropriate authority would be entitled to pass fresh orders in accordance with law and after giving the writ petitioners a personal hearing. .....