Judgment Search Results Home > Cases Phrase: the appropriation railways act 2014 Court: orissa Page 1 of about 400 results (0.047 seconds)

Debahuti Parida and Another Vs. the General Manager East Coast Railway ...

Court : Orissa

..... court, it is found that in the said case taking into consideration that the claim of the petitioners in relation to a person died in a railway accident 4 confined to rs.4,00,000/-(rupees four lakhs) and considering the provision made at section 124 of the railway act, 1989, which makes provision for no fault of liability of rs.4,00,000/-(rupees four lakhs) in case of accident involving railway and since it was matching to the claim of the petitioners therein, this court allowed the writ petition in the special circumstances and directed the railway authority to pay rs.4,00,000/-(rupees ..... while keeping it open for the petitioners to raise the claim of grant of appropriate compensation, i direct the railway authority-opposite parties to release a sum of rs.4,00,000/-(rupees four lakhs) towards interim compensation on the head no fault liability to claimants along with interest at the rate of 10% per annum from the date of accident till the date of payment and the amount as directed above be released in favour of the claimants within a period of eight weeks from the date of receipt of this judgment. .....

Sheikh Makbul Vs. Union of India (Uoi) and anr.

Court : Orissa

Reported in : AIR1960Ori146

..... 8 of 1956, whereby he set aside the decision of the learned munsif and dismissed the plaintiff's suit against the union of india, representing the appropriate railway administration mentioned in the plaint for alleged damages to a certain consignment of potatoes from kanpur central station on the northern railway to bhadrak railway station on the south eastern railway.2. ..... days the delivery of the goods consigned it was held that the goods being perishable in nature came directly under rule 163, which provides that perishable goods shall be despatched by the first available means and particularly with regard to potatoes, that wagon containing potatoes shall be despatched by fast goods or mixed trains -- the despatching station shall wire to all junctions and engine-changing station, on route to push the wagon on by connecting trains (sanjiva row's 'the indian railways act' 3rd ..... (firm) satish chandra nandi, air 1936 cal 382, where it was held that no doubt the plea of limitation can be urged at any stage having regard to section 3 of the limitation act but when a party does take the appropriate defence but does not put before the court materials to sustain that defence, it is difficult for the court sitting in appeal to give effect to the defence contention and the court is justified in rejecting it. .....

Prabir Kumar Das Vs. State of Odisha and ors.

Court : Orissa

..... 2, 3 and 4 in course of his argument contended that the accident took place only because of the carelessness of the driver of the cargo auto vehicle in 9 question as the driver was listening to music by using head phone and he did not care to stop the vehicle to see if any loco is coming on the railway track and, therefore, when the accident in question took place solely because of the negligent crossing of the unmanned level crossing, under section 161 of the railways act, the driver of the said cargo auto vehicle is responsible and not the railways. ..... we direct the appropriate authorities to act in right earnest in accomplishing the job in construction of road over bridges/road under bridges and to eliminate all unmanned level crossings in the country within a reasonable time frame of six months so that precious human lives and properties can be saved. ..... we trust and believe that the directions/suggestions which we are making are not exhaustive in nature and we leave it to the railway authorities and the district administration as well as the law enforcing agency to ponder over the matter and take appropriate remedial measures in the right direction as early as possible and periodical report of compliance be furnished to the registrar general of the court, preferably once in every quarter. .....

South Eastern Railway Vs. Epari Satyanarayana

Court : Orissa

Reported in : AIR1961Ori141

..... the argument however rather supports the railway's stand, in that if the weight is found to be less there is provision for refund by the railway to the consignee as provided in section 77 of the railways act and the appropriate tariff rules which entitle the consignee to refund if over-charged provided the claim is made within six months.5. ..... 7 under section 77 of the railways act and notice under section 80 of the civil procedure code, according to him, show that the plaintiff made the claim on the railway on the basis of the invoice which stated the particulars of the different items of medicines alleged to have been packed in the case and booked at howrah; further there was an affidavit by the consignee at berhampur ext, 6 that the goods referred to therein were actually booked at howrah.it is noticed in this case that r/r is not on record. ..... 29 in force from 1st june 1954 -- sanjiwa row's 'the indian railways act', 3rd edition, page 1183), reads as follows :'15. .....

Deo Karan Jhunjhunwala Memorial Public Charitable Trust Etc. Etc. Vs. ...

Court : Orissa

Reported in : AIR1994Ori76

..... mohanty, under the development act, the state government has to act only on the existence of a plan or scheme and until and unless the appropriate authority under the said act makes a plan or approves a scheme for construction of a bus stoppage near the railway station, there is no jurisdiction with the state government to acquire the land for the purpose for which it is stated to have been ..... mohanty, the learned counsel for the petitioners, raises the following contentions in assailing the validity of the acquisition proceeding :-- (i) the declaration under section 6(1) of the act having been made on 11-1-1991, and no award under section 11 of the act having been passed within two years from the date of the publication of the aforesaid declaration, the entire proceedings for acquisition lapsed under section 11a of the act; (ii) acquisition having been made repeatedly after the earlier acquisition having been declared invalid is mala fide and is an abuse of, the process of law ..... further contended that the power of acquisition under section 72 of the state act can be exercised by the state government only when there exists a plan under the act whereunder the competent authority has decided to have a bus stand near the railway station and until and unless such a decision of the competent authority is arrived at and there exists an approved plan to that effect, there would be no jurisdiction with the state to acquire the land in exercise of power under section 72 of the state act. .....

Paradeep Port Trust. Vs. Controlling Authority and ors.

Court : Orissa

..... gratuity is provided under the pension rules will not disentitle the employees to get payment of gratuity under the payment of gratuity act in view of the overriding provisions contained in section 14 of the act, the provision for gratuity under the pension rules will have no effect possibly for this reason section 5 of the payment of gratuity act has conferred authority on the appropriate government to exempt any establishment from the operation of the provisions of the act, if in its opinion of the employees of such ..... the face of it, it is apparent that though the indian parliament did not include the word 'major port' in the application clause while defining appropriate government at section 2(a) of the act, it is provided that for the purpose of a major port, mine, oild field or railway company, the central government is the appropriate ..... the central government may by notification, appoint" (emphasized for appreciation)section 2(a) defines "appropriate government" means (i) in relation to an establishment: (a) belonging to, and under the control of central government (b) having branches more than one state, (c) of a factory belonging to, or the control of, central government (d) of a major port, mine, oilfield or railway company, the central government, (e) in any other case, the state government.sub-section (i) of section 2 defines 'major port' has the same meaning assigned to it in clause (8) of section 3 of the indian ports act, 1908, hereinafter referred to as the .....

Debananda Dora Vs. Union of India (Uoi) and ors.

Court : Orissa

Reported in : AIR1965Ori118

..... the indian post office act was passed by the same legislature in 1898 (eight years later) and if the intention of the legislature was that there was contractual relationship between the postal department on the one hand and the person who transmits a package by post, on the other, they would surely have inserted an appropriate provision on the lines of section 72 of the indian railways act ..... contractual obligation between the post office and the sender, the appropriate article of the limitation act applicable to the present case would perhaps be the latter part of article 65 of the first schedule which refers to compensation on the happening of a ..... far as in express terms that liability is undertaken by government as provided in the succeeding sections of that act: and no officer of the post office shall incur any liability unless he has caused the same frandulently or by his wilful act or default.though postage is not expressly defined as revenue', nevertheless the use of the expression 'fees' in some of the provisions--such as sections 8(d), 29(2)(b), 30(b), 32(2)(c) and 34 of the act seems to indicate that though postage and fee are charged for specific services ..... compare the corresponding provisions of the indian railways act, ..... act the legislature took the special precaution of expressly saying in section 72 (prior to the amendment of 1961) that the responsibility of the railway was to certain conditions, that of a bailee under sections 152 and 161 of the indian contract act .....

Chintamani Khuntia and ors. Vs. the State of Orissa and ors.

Court : Orissa

Reported in : AIR1994Ori46

..... it was contended in the said appeal on behalf of the managing committee of sri jagannath temple that the .order of the administrator dated 23-11-1962 to the effect that thenceforth thali, parakha and jhari for collecting 'bheta' and 'pindika' are to be substituted by sealed boxes at the appropriate places of collection was passed in exercise of powers of making arrangement for proper collection of offerings like 'bheta' and 'pindika' which is purely a secular act totally unconnected with the nities or rituals of the deity. ..... parties that right to receive a part of the offerings to the lord, by these sevayats is not a part of the religion within the meaning of articles 25 & 26 of the constitution and at the most the act of appropriation of a portion of the offerings to the deity by these two groups of sevaks is secular in character which can be abolished by law.10. ..... it has been next argued by the learned counsel for the petitioners that assuming that the beneficial enjoyment of the sevaks are severable from the religious services rendered by them, their right to appropriate a share out of the 'bheta' and 'pindika' would constitute 'property' and, therefore, the same cannot be taken away or abolished by 1983 amendment act, which would be hit by article 300a of the constitution of india. .....

Bishra Stone and Lime Co. Ltd. Vs. Union of India (Uoi), Represented T ...

Court : Orissa

Reported in : 103(2007)CLT461; [2007(113)FLR590]; (2007)IIILLJ209Ori

..... the determination of the question whether central government or the state government is the appropriate government in relation to an establishment, will depend, in view of the definition of the expression 'appropriate government' as stood in the clra act, on the answer to a further question, is the industry under consideration carried on by or under the authority of the central government or does it pertain to any specified controlled industry; or the establishment of any railway, cantonment board, major port, mine or oilfield or the establishment of banking or insurance company and 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 .....

Pratap Kumar Pradhan Vs. State of Orissa and ors.

Court : Orissa

Reported in : 2005(I)OLR10

..... if the collector was of the opinion that there has been some mis-appropriation or mis-management of the institution, it was open to him to inform the appropriate authority like the addl. ..... the collector, who has no authority nor the registrar of the societies in terms of the societies registration act has issued the impugned letter under annexure-2, unnecessarily interferring in the internal administration of the society and, as such, the same should be ..... the petitioner, president of sri aurobinda study circle, phulbani calls in question the letter dated 16.6.1998 of the collector, kandhamal, phulbani (annexure-2) requiring the petitioner to comply with the suggestions made therein, failing which, the action as per law is to be initiated, as illegal, arbitrary and unauthorized.the petitioner's case in short is that shri aurobinda integral education and research centre is a unit of shri aurobinda study circle and is registered under the societies registration act and governed by its memorandum and articles of ..... a society registered under the societies registration act is required to comply with the provisions of the act if there has been any violation of any provision of the act or any rules or ..... it is further submitted that the society having acted in contravention of section 12 of the societies registration act, 1860 and the orissa government servant conduct rules, 1959, the collector intervened and directed audit of the accounts to detect the alleged misappropriation of funds. .....