Judgment Search Results Home > Cases Phrase: the appropriation railways act 2014 Court: kolkata Page 5 of about 1,917 results (0.095 seconds)

Ranjit Khosla Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (2007)2CALLT444(HC)

..... malhotra filed the application under section 19 of the act thereby praying for the following relief:(a) to pass an appropriate order directing upon the respondents to assign the appropriate seniority to the applicant as per classified list of the gazetted establishment of mechanical department published in the year 2000. ..... 2384/2000 and the high court by order dated december 14, 2000 did not interfere with the decision of the principal bench of the tribunal and pursuant to the said decision, the railway authorities refixed the seniority of khosla by issuing a notification dated 12th april, 2001 by which khosla was placed at serial no. ..... (vi) in the classified list of gazetted establishment of indian railways, published in the 2000, malhotra was placed above khosla on the ground that he passed the examination within the first four years, whereas the khosla, even though a senior, having been appointed in earlier batch, could only pass the examination in full in the year 1975. ..... (vii) according to malhotra, the upgradation of the position of khosla above him was contrary to the railway board's instruction dated 10th april, 1970 and his sole grievance was that since khosla could not pass the requisite examinations within the first four year of his probationary period and could only complete his examination in march 1975, even after the extended period of one year, whereas malhotra having passed the requisite examinations in full earlier and within four .....

Mahomed Mehdi HosseIn Khan and ors. Vs. Rameswar Koer and anr.

Court : Kolkata

Reported in : (1899)ILR26Cal39

..... that reluctance was overcome, and it has nothing whatever to do with the appropriation of payments. ..... the sum allowed by the subordinate judge is considerably less; but the defendant contends that it ought to be less still; because the mortgagees have appropriated to another bond called the gaya bond which carries simple interest, divers payments which they should have appropriated to the bond now in suit which carries interest on interest.4. ..... whether that would prevent the application of the act is disputed, but assuming in the defendant's favour that it would, the same result must ensue in this case. ..... arathoon that, though the suit was instituted after the passing of the transfer of property act, the legal relations of debtor land creditor had arisen before it. ..... the indian contract act, 1872, follows the ordinary rules of law in providing that when the debtor has omitted to intimate, and when there are no circumstances indicating, to which of several debts a payment is to be applied, the creditor may apply it at his discretion to any debt actually due and payable to him from the debtor. ..... the high court founded their order on sections 86 and 88 of the transfer of property act, which indicate clearly enough that the ordinary decree in a suit of this kind should direct accounts allowing the rate of interest provided by the mortgage up to the date of realization. .....

North Calcutta Co-operative Labour Contract and Construction Society L ...

Court : Kolkata

Reported in : (2005)1CALLT608(HC)

..... notification under section 10(1) of the clra act in respect of the establishment concerned has been issued by the appropriate government, prohibiting employment of contract labour in any process, operation or other work of any establishment and where in such process, operation or other work of the establishment the principal employer intends to employ regular workmen, he shall give preference to the erstwhile contract labour, if otherwise found suitable and, if necessary, by relaxing the condition as to maximum age appropriately, taking into consideration the age of the workers at the time of their initial employment ..... if such a list is submitted the railway authorities shall take steps to scrutiny the said list for the purpose of ascertaining the eligibility of the persons concerned to be considered for absorption in the vacancies, said to have been declared in group 'd' posts under the respondents and upon such scrutiny, the respondents shall consider and dispose of the claims of the said candidates if covered by the guidelines as formulated by the hon'ble supreme court and in the two above mentioned cases within three months from the date of submission of the list of candidates as indicated .....

M/S. Time and Safe Road Carriers and Vs. Union of India and ors

Court : Kolkata

..... counsel appearing for the railways (read, eastern railway) had no instructions in the matter since eastern railway would not have had immediate knowledge or notice of the facts pertaining to this contractor as the originating station of kamrup express was guwahati and the north frontier railway was the appropriate organization and not eastern railway. ..... the appropriate parties submit that even if the reference is not concluded by december 31, 2011 it shall be concluded within any reasonable time thereafter and neither will pray for any 7 unnecessary adjournment in course of the reference. ..... on may 16, 2011, in presence of advocate representing the railways (read, eastern railway) the following order was made :- "the court : i think, on the prima facie case noted by this court in its order dated 6th may, 2011, a permanent solution to the dispute between the parties could be made if the arbitration before the arbitrator according to clause 38 of the agreement is initiated and completed by publication of an award. ..... these matters are ordinarily governed by section 79 of the indian railways act. ..... therefore, i direct the petitioners to write an appropriate letter to the railways for appointment of an arbitrator under clause 38. ..... the court : these two petitions under section 9 of the arbitration and conciliation act, 1996 are connected and though they reveal a trail of fraud, the petitioner in either case has somewhat redeemed itself in the end. .....

Lakshmimoni Das and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1987Cal326,(1987)1CALLT371(HC),92CWN72

..... ' due process of law requires, first, the legislative act authorising the appropriation, pointing out how it may be made and how the compensation shall be assessed, and secondly, that the parties or officers proceeding to make the appropriation shall keep within the authority conferred, and observed every regulation which the act makes for the protection or in the interest of the property owner, except as he may see fit voluntarily to waive them.'mr. ..... . let these writ cases heard analogously before this special devision bench and other writ cases involving similar contentions challenging the vires and/or the applicability of the impugned act in respect of the lands and tenancies in question be placed before the appropriate bench taking writ matters for final disposal on the basis of decisionmade by the special bench on scrutiny of facts involved in such cases ..... . made in the case of misouri pacific railway company v ..... pal has referred to a decision of the supreme court of united states made in the case of missouri pacific railway company v. .....

Bandana Mondal Vs. Union of India (Uoi) Through the General Manager

Court : Kolkata

..... in our opinion, the aforesaid observations appropriately apply to the facts of the case before us where the railway protection force has removed the dead body of the victim and taken the same to its own custody and nobody is coming forward on behalf of the railway authority to dispute the assertion of the claimant by producing the various documents relating to the death of the victim admittedly in its custody including the report of the enquiry, if at all, independently done by the railway authority and offering its employees who had played some role in the official capacity relating to those documents ..... once we find that it is a case of death and comes within the purview of 'untoward incident' within the meaning of section 124a of the railways act, the claimant is entitled to get rs. ..... we are quite conscious of the position of law that as provided in section 106 of the evidence act, if a fact is within the special knowledge of a person, the burden of proving such fact is on that person and as provided in illustration (b) of that section, if a person is charged with travelling on a railway without a ticket, the burden of proving that he had a ticket is upon him. ..... in this case, no evidence has also been adduced on behalf of the railway to show that the case comes within any of the instances specified in the proviso to section 124a of the railways act, 1989.15. .....

Union of India (Uoi) and ors. Vs. Mahendra Prasad Dubey

Court : Kolkata

Reported in : 2004(1)CHN44

..... (v) the copies of the documents were not given at the appropriate time. ..... (b) give him a notice stating the action proposed to be taken in regard to him and calling upon him to submit within; a specified time such representation as he may wish to make against the proposed action; and(c) consider the representation, if any, made by the member so charged in response to the notice under clause (b) and determine what penalty, if any, should be imposed on the member so charged, and pass appropriate orders on the case.'17. ..... (1) if the disciplinary authority, having regard to its findings on the charges, is of the opinion that any of the penalties specified in clauses (e) to (h) of rule 41 should be imposed, it shall pass appropriate orders in the case. ..... both the said witnesses categorically stated that they did not find the respondent on the platform while the train was stopped at the concerned railway station although the respondent was on duty at the relevant time.10 ..... on perusal of the records it appears to us that the respondent himself made a statement before the appellant on december 2, 1986 to the effect that the accused persons were apprehended by the local people and ultimately he arrested them and brought them to the railway police station along with the seized goods. ..... (iii) the disciplinary authority acted in a close mind and the said second show cause notice was issued with a close mind by the disciplinary authority in violation of rules 44(9) and (10) of the said rules of 1959. .....

Mustafa Sk. Vs. General Manager, Eastern Railway

Court : Kolkata

Reported in : 2008(2)CHN273

..... , as were exercisable immediately before that day by any civil court or a claims commissioner appointed under the provisions of the railways act,-(a) relating to the responsibility of the railway administration as carries under chapter vii of the railways act in respect of claims for-(i) compensation for loss, destruction, damage, deterioration or nondelivery of animals or goods entrusted to a railway administration for carriage by railway;(ii) compensation payable under section 82a of the railways act or the rules made thereunder; and(b) in respect of the claims for refund of fares or part thereof or for refund of any freight paid in respect of animals ..... when there is an alternative efficacious remedy available in this court, i do not think that it is a fit case, where such discretion can be exercised in favour of the petitioner.the revisional application is, therefore, rejected as not maintainable.however, this order of rejection shall not prevent the petitioner to approach the appropriate forum by filing an appeal in accordance with law.there will be no order as to costs.21. .....

Swapan Kr. Dutta and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (2005)ILLJ152Cal

..... if the answer is in the affirmative, the central government will be the appropriate government, otherwise in relation to any other establishment the government of the state in which the establishment was situated, would be the appropriate government;(b) after the said date in view of the new definition of that expression, the answer to the question referred to above, has to be found in clause (a) of section 2 of the industrial disputes act; if (i) the central government company/undertaking concerned or any undertaking concerned is included therein co nominee, or (ii) any industry is carried on(a) by or under the authority of the central government, or (b) by a railway company, or (c) by a specified controlled industry, then the central ..... government will be the appropriate government .....

Union of India (Uoi) and ors. Vs. Burn Standard Co. Ltd. and ors.

Court : Kolkata

Reported in : 1988(18)ECC108

..... it was represented that excise duty should be levied on the control price as charged from the railways, without taking into account the value of materials supplied by them and it was decided that in cases where a number of component parts are supplied to the manufacturer who do necessary fabrication of wagon-coaches from those and other component parts/raw materials, purchased on behalf of the railways, from the market, the appropriate duty will be payable on the value of the wagons/coaches as determined under section 4 of the said act. ..... dated 18th august, 1977, it has been decided that in cases where a number of component parts are supplied to the manufacturers, to do necessary fabrication of wagons/ coaches from and other component parts, raw materials, purchased on behalf of the railways from the market, the appropriate duty will be payable on the value of the wagons/coaches as determined under section 4 of the said act, which is quoted hereunder:--section 4. ..... pointed out that the determination in the andhra pradesh case was on section 4(1)(a) of the said act and really the same went on the basis and only on the question of grant of rebate and cannot be said to be an appropriate authority on the question of claim for set-off, which question is involved in this case and only on the basis of the question as involved before them and thus the bench decision of the andhra pradesh high court was also not justified in disagreeing with or distinguishing the bench determination of .....