Judgment Search Results Home > Cases Phrase: the appropriation railways act 2014 Court: kolkata Page 22 of about 1,917 results (0.151 seconds)

Texmaco Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Reported in : 1992(59)ELT522(Cal)

..... as soon as the remaining free supply items are supplied by the railway board, the incomplete wagons (called stabled wagons) are completed and are than cleared on payment of appropriate central excise duty at the reduced rate in terms of the said notification no. ..... annexed (hereinafter referred to as 'inputs') manufactured in a factory and used within the factory of production, in or in relation to the manufacture of final products specified in column (3) of the said table, from the whole of the duty of excise leviable thereto, which is specified in the schedule to the central excise tariff act, 1985 (5 of 1986);provided that nothing contained in this notification shall apply to inputs used in or in relation to the manufacture of final products which are exempt from the whole of duty of excise leviable thereon or is chargeable to nil rate of duty ..... of the schedule to the central excise tariff act, 1985 (5 of 1986) as is specified in the corresponding entry in column (2) of the said table from so much of the duty of excise leviable thereon which is specified in the said schedule, as is in excess of the amount calculated at the rate specified in the corresponding entry in column (4) of the said table :provided that no credit of duty on any of the inputs used in the manufacture of the said goods has been availed of under rule 56a or 57a of the said rules:provided further that where single sub-units of three-car dcemu .....

Union of India (Uoi) and ors. Vs. Sukbrinder Singh Atwal

Court : Kolkata

..... on perusal of the application made under section 30 and 33 of the said act of 1940 we find that the appellant raised the plea of clause 17(3) of the general conditions of contract which had forbidden payment of any compensation in the event of failure or delay on the part of the railways in handing over the site to the contractor. ..... 1, 2 and 3 and those were partly allowed by the arbitrator without assigning appropriate reasons. ..... what the arbitrator did, was, as we find from the award, to make a summary of the pleadings filed by the respective parties and then reject contentions of the railways by a sweeping observation that no evidence was led that the final bills were prepared and the claimant had given final certificate to the effect that he had no further claim and that the railways had at no stage come out with a clear case that the claims made by the claimant were not payable.18. ..... 'ordinarily the parties would be bound by the terms agreed upon in the contract, but in the event one of the parties to the contract is unable to fulfil its obligations under the contract which has a direct bearing on the work to be executed by the other party, the arbitrator is vested with the authority to compensate the second party for the extra costs incurred by him as a result of the failure of the first party to live up to its obligations'. .....

Union of India Vs. Panihati Rubber Limited

Court : Kolkata

..... these will be his own jurisdiction to entertain the request, the existence of a valid arbitration agreement, the existence or otherwise of a live claim, the existence of the condition for the exercise of his power and on the qualifications of the arbitrator or arbitrators.the chief justice or the designated judge would be entitled to seek the opinion of an institution in the matter of nominating an arbitrator qualified in terms of section 11(8) of the act if the need arises but the order appointing the arbitrator could only be that of the chief justice or the designated judge. ..... while it is possible to appreciate that by virtue of being a gazetted railway officer a person may possess some experience in railway contracts which may be regarded as a qualification, the expression any qualifications required of the arbitrator in section 11(8)(a) of the 1996 act may be seen more in the context of the expertise of the arbitrator to adjudicate upon the special nature of disputes that may arise under a particular arbitration agreement and not merely reflecting the status of the arbitrator in an organisation or elsewhere. ..... the award impugned in ap no.1439 of 2013 is set aside and the parties are left free to take appropriate steps in accordance with law, including pursuing any claims afresh. ..... , ms aparna banerjee, adv.for the respondent: mr jishnu chowdhury, adv.hearing concluded on: february 25, 2014. ..... before sanjib banerjee, judge date: february 28, 2014. .....

Union of India (Uoi) Vs. Kamal Kumar Goswami and ors.

Court : Kolkata

Reported in : AIR1974Cal231,78CWN154

..... satish chandra, of this court there was an arrangement between the land customs authorities and the railway administration under which the station master of bongaon used to handle the railway wagons for the purpose of checking by the customs officers for preventing the smuggling of goods to the then east pakistan and for that extra work the railway administration used to pay those station masters at the rate of rs. ..... it was further contended that as the said cargo was delivered to southern railway administration, benefit under section 70 of the contract act was enjoyed not by the eastern railway administration but by the southern railway administration and so this court had no jurisdiction to try this suit. ..... dhar we should also take judicial notice of the facts namely that the head office of one of the railway undertakings of the government of india was situated within the jurisdiction of this court at the time of institution of the suit and it is still situated there as was pointed out by my learned brother to mr. ..... dhar, appearing for the appellant, confined his contentions only to the following points:1) the association did not act as the agents of the appellant; (2) the plaint does not disclose any cause of action against the appellant under section 70 of the indian contract act; (3) the appellant did not enjoy any benefit of the said work done by mr. ..... the transport manager accepted the goods on behalf of the corporation and appropriated them. .....

Baraset Basirhat Light Railway Co., Ltd. Vs. Nrisingha Charan Nandi Ch ...

Court : Kolkata

Reported in : AIR1943Cal128

..... the appellants having acquired absolute title to the disputed bank of the khal and the disputed portion of the khal to its east by the land acquisition proceedings of 1909-10 are entitled to divert the entire volume of water coming on this portion of the khal from the north by cutting the embankment, (2) that in any view of the case the acts complained of by the plaintiff were done by the appellants in exercise of their powers under section 7(1)(f), railways act, 1890, and if any damage was caused by the acts the remedy of the plaintiff was to get damages under section 10 of the said act ..... that it is public and common to all who have a right of access thereto.the exceptions to this rule are as follows:(1) where parliament has declared otherwise; (2) where the water flows to a person's property and there is no one to share with him the use of the water, or to call him to account for any use he may make of it; (3) where flowing water is appropriated or taken into possession, but the right of property exists during such possession only; and (4) where water is supplied by a water ..... consequently, one particular owner cannot, in general, appropriate the whole of the water, for not only has his land the advantage of being washed by the stream, but the lands of others have a similar advantage which must be preserved. .....

Bank of Baroda Vs. Govind Ram Agarwal

Court : Kolkata

Reported in : 2007(3)CHN60

..... section 279 of the act prescribes that such a person shall not be proceeded with for an offence undersection 276b except with the previous sanction of the commissioner or the appropriate authority. ..... section 279 of the it act provides that such a person shall not be proceeded against for an offence under section 276b except with the previous sanction of the commissioner or the appropriate authority.6. mr. ..... it has been indicated above that the complainant has no authority to lodge the complaint for failure of the bank to deposit the amount of tds with the central government and it is only the income tax authority who is competent to take appropriate penal action against the bank in case of failure of the bank to deposit the amount deducted as tds.13. ..... if the bank fails to deposit the amount within the income tax authorities deducted as tds, the income tax authority is the only authorised concern to take appropriate penal action against the petitioner bank and the complainant has no authority to file a complaint against the bank and its officers alleging non-issue of tds certificate and non-deposit of the said amount with the government of india.11. ..... the amount of tds was not converted by the bank for its own use and i am told that the said amount was deposited with the government of india long back and consequently there was no mis-appropriation of the said amount. .....

Pashupati Roy and ors. Vs. State of West Bengal

Court : Kolkata

Reported in : AIR1972Cal366,76CWN797

..... i am unable to accept the contention that under the act the fish of the requisitioned fishery is bound to be appropriated and that the nature of the fish totally excludes the possibility of its requisition. ..... recognized principle applicable in the determination of compensation for the property acquired and the principle is appropriate in determining the value of the class of property sought to be acquired.24. ..... section 8(1) lays down 'whenever fishery or lands are requisitioned under section 4 of the act or acquired under section 5, there shall be paid in the manner prescribed to every person interested, compensation, the amount of which shall be determined by the collector in the prescribed manner in accordance with the principles hereinafter set out. ..... the property in the fish is such that its requisition would really mean appropriation of the fish itself i.e. ..... the petitioners in these rules have challenged the validity of the requisition orders made under the west bengal fisheries (requisition and acquisition) act, 1965, on the ground that the said act is a colourable piece of legislation and also in violation of article 19(1)(f) and (g) and article 31 of the constitution of india.2. ..... under section 17 of the act, the collector and the commissioner for the purpose of carrying out their functions have been vested with the powers of civil courts in respect of the matters enumerated in clauses (a) to (d).27. .....

Union of India (Uoi) Vs. Bharat Charcoal Co. Ltd.

Court : Kolkata

Reported in : AIR1962Cal510

..... is an application for stay of an action instituted by the railway company against the respondent to recover a certain sum of money, the provision for arbitration in the railway act is in these terms: 'any difference arising under this section shall be determined by the arbitrator to be appointed by the board of trade at the instance of either party. ..... in the instant case, the final classification hasbeen made by the appropriate officer named in clause 21and on the basis of the determination of this officer it hasbeen found that there has been an overpayment to thecontractor. 6. ..... clause 22 of the contract inter alia provides 'that the railway administration will also be at liberty to deduct from the said security deposit or from any sum due or to become due hereunder or under any other contract from the contractor or may otherwise recover from the contractor all sums that may become due to the railway administration by virtue of any of the terms hereof. ..... ' the government, therefore, is entitled to claim in terms of this contract to appropriate the amounts due to the contractor on account of the other two contracts in satisfaction of its claim under the other ..... judgment it is not essential for the defendant for the purpose of obtaining a stay of the suit under section 34 to prove that prior to the institution of the suit not merely a dispute subsisted between the parties which is covered by the arbitration agreement but also that, the dispute was brought to the notice of the plaintiff. .....

Satcowrie Dass and Co. Vs. Commissioner of Commercial Taxes

Court : Kolkata

Reported in : [1979]44STC337(Cal)

..... it was contended on behalf of the dealer that under the government of india act, 1935, in force at the relevant time, the provincial legislature of madras was not entitled to impose a tax on the value of the materials used in works as there was no transaction of sale in respect of the goods used in such works and that the provisions of the amended section including the aforesaid definitions and the explanations were ultra vires. ..... , furnish sufficient nexus for a state to impose a tax, such levy could, nevertheless, be made only when the transaction is one of sale, and it would be a sale only when it has resulted in the passing of property in the goods to the purchaser....thus, according to the law both of england and of india, in order to constitute a sale it is necessary that there should be an agreement between the parties for the purpose of transferring title to goods, which of course presupposes capacity to contract, that it must be supported by money consideration ..... the dealer endorsed the railway receipts in favour of the bank and the purchasers outside the state received the railway receipts on payment to the bank which were received by the dealer. mr. ..... to such customers, who, in all appropriate cases, duly issued c forms to the union carbide (india) ltd. .....

Annada Mohan Roy Vs. Gour Mohan Mallik

Court : Kolkata

Reported in : AIR1921Cal501,65Ind.Cas.27

..... the transfer of ownership is the result of the manifestation of intention on the part of the transferor to part with the ownership in prsenti in favour of another, who thereupon accepts the situation, agrees to become the owner and does become the owner by the combined effect of renunciation on the one hand and appropriation on the other, it is not necessary to investigate whether an actual delivery of possession is necessary to perfect the transfer of ownership or whether the transfer may not be accomplished without actual delivery by the coordinated desire of the transferor and transferee; but what is essential is that the subject-matter ..... 528, where the judicial committee, in a case decided before the transfer of property act, declined to affirm the proposition that the interest of a hindu reversioner could be made the subject of a sale, or, that in the event of an attempted sale, the conveyance; could attract the operation of the principle of english law which allows a subsequently acquired interest to feed the estoppel. .....