Judgment Search Results Home > Cases Phrase: the appropriation railways act 2014 Court: orissa Page 2 of about 400 results (0.135 seconds)

Parikhita Behera and anr. Vs. the Divisional Railway Manager, South Ea ...

Court : Orissa

Reported in : 1998ACJ1019; 83(1997)CLT781; 1997(II)OLR69

..... there may not be any specific statute to provide compensation to the persons who may not be bona fide passengers but if there is no fault on their part and if the railways have committed negligence, the writ court will shut its eyes and the relief would be denied in the appropriate case.16. ..... two lakhs which is the minimum liability of the railway authorities to a passenger as per section 124 of the railways act, 1989...........' 7. ..... the deceased was a trespasser into the railway track and not a bona fide passenger purchasing ticket and as such question of application of section 124 of the railways act, 1989 would not apply. ..... the compensation is payable to only in respect of bona fide passengers who are injured or die in a railway accident which has been defined in the railways act. ..... no provisions of the railways act for claiming compensation is there. ..... for the foregoing reasons, we allow the writ petition in part holding that the railway authorities have committed the act of negligence and there was no contributory negligence on the part of the victim boy. ..... no enquiry was conducted as regards the aformentioned accident in the manner provided under the railways act and the act of negligence on the part of the railway authorities is an accomplished fact. ..... in course of argument an analogy has been made to appreciate the awarding compensation in the case under the motor vehicles act and the situation in which the victim can ask for such quantum of compensation. .....

Commissioner of Hindu Religious Endowments and anr. Vs. Kanak Durga Th ...

Court : Orissa

Reported in : AIR1958Ori183

..... appropriated by individuals for private uses.clause (16) enumerates the object of the regulation and states that it is to be clearly understood that the object of the present regulation is solely to provide for the due appropriation of lands granted for public purposes agreeably to the intent of the grantor and not to resume any part of the produce of them for the benefit of government.thus, the whole scheme postulates that the authorities mentioned in the body of the regulation can only have jurisdiction over the endowments created for the benefit of the public before the advent of the ..... all these facts coupled with the fact that the deity is enshrined in a room inside the private house of the second plaintiff and the daily bhog offered, is cooked in the family kitchen by the females of the house go unmistakably to show that the deity is a private deity housed in a room of the dwelling house of the second plaintiff.accordingly, the learned additional district judge rightly came to the conclusion that the deity as not a public deity, nor is it a temple within the meaning of sub-section (13) of section 6 of the act.10. mr. .....

State Vs. Haricharan Rakshit

Court : Orissa

Reported in : AIR1950Ori114; 15(1949)CLT123

..... that (i) the sanction of the appropriate authority was necessary under clause 10 of the central order and (ii) the facts proved in the case merely show that there was a preparation and not an attempt to contravene the impugned notification and that in any view of the case the acquittal was ..... in those cases where the transport of the cloth by rail is through an agency other than the railway passenger himself, (ii) clause 3 (a) of the impugned notification however applies to the transport of cloth by rail by the passenger himself: (iii) there is thus no conflict between the impugned notification and the general permit issued under clause 3 of the central order, (iv) there might be a conflict between the impugned notification and a notification that may be issued by the textile commissioner under clause 6 of the central order regarding transport ..... an offence is, as i understand it, an act or series of acts, which leads inevitably to the commission of the offence unless something which the doer of the act or acts neither foresaw nor intended happens to prevent this. ..... that while the word 'transport' may not necessarily bear the same connotation as 'export' if the relevant notification intended to prohibit the very act of carrying the articles (provided of course that the intention was to carry it out of the province), then it should have been expected that the word 'carries' or some such equivalent term would have been used instead of the word 'transport' in the notification. .....

Union of India (Uoi), Represented Through the General Manager, Central ...

Court : Orissa

Reported in : 103(2007)CLT710

..... ranchi municipal corporation, ranchi (1996) 7 scc 542, holding that the demand of service charges made by the municipality from the union of india was ultra vires of the power of the municipality as the railway was protected under section 184 of the railways act and article 285 of the constitution, is of no help to the railway because the tax levied in the present case is not by the local authority but by the state and is an indirect tax in which the taxable event is on the entry of goods.we also rely upon the decision in union of india v. ..... /dispute raised-and further to hold that the opposite parties are not entitled to collect entry tax in respect of the properties of the petitioners entering the local areas of the state of orissa as prohibited under the provisions of the constitution of india as well as the railways act, 1989 and to refund the entry tax collected by the opposite parties and paid by the petitioners under protest.learned counsel for the petitioners, apart from taking the aforesaid grounds, drew our attention to the statements of object and reasons and submitted that ..... (annexure-3) and further to issue an appropriate writ or direction declaring that the petitioner-railways are not exigible to entry tax as is being levied by the opposite parties and further to direct the opposite parties to refund the tax collected by them and paid by the petitioners under protest.the commercial tax officer, cuttack-iii circle, jajpur road, (o.p. no. .....

Union of India Vs. Steel Authority of India Ltd. and ors.

Court : Orissa

..... therefore, it is pleaded that in view of the aforesaid clear position of law laid down by the apex court and provisions contained under section 23 of the railway claims tribunal act, the only reasonable interpretation can be given that the vested right of appeal and the forum of appeal provided to the high court admits of only one appeal against the judgment of the railway claims tribunal by excluding further intra court appeal against the judgment of such appeal by taking recourse to clause-10 of the letters patent by necessary implication.14. ..... any provisions of any other law, which are inconsistent with the railway claims tribunals act, 1987 and it is urged that on a bare reading of section 23 of the said act, except the prohibition of filing of an appeal against an order passed by the claims tribunal, with the consent of the parties, all other procedures provided for filing of appeal under the code of civil procedure or in any other law (which obviously include appeals under the letters patent), have been for all purposes taken away by ..... the view has been that a letters patent appeal canno.be ousted by implication but the right of an appeal under the letters patent can 13 be taken away by an express provision in an appropriate legislation. ..... j.orissa high court, cuttack the 30th september, 2014/ ajay/pksahoo ..... : date of judgment: 30.09.2014 a judgment of the learned single judge of this court dated 17.09.1996 passed in m.a. ..... justice b.r.sarangi date of hearing: 17.09.2014 dr. .....

Jayanta Kumar Khamari Vs. Railway Board, Ministry of Railways, Govt. o ...

Court : Orissa

Reported in : 108(2009)CLT793

..... it appears from the order of the chief commissioner that the appropriate government in this case is the ministry of social justice & empowerment which has the power to exempt an establishment from the applicability of the provisions of section 33 of the act by issuing a notification in terms of section 33 of the act. ..... on the contrary, the ministry of social justice & empowerment, which is a nodal ministry to consider exemption, vide its office memo dated 24.10.2008, which has been annexed as annexure-8 to the rejoinder, has made it clear that until exemption is granted for any post of engineering service under section 33 of the act, it is mandatory for the ministry of railways to provide three per cent reservation for persons with disabilities & the complainant should be provided a suitable job in the railways as per his merit. ..... a submission has been made by the learned counsel for the railway board that since the appointment refers to a civil post in railway, the present writ petition is not maintainable & further it is urged that this court lacks the territorial jurisdiction to entertain the writ application. ..... having reached the aforesaid conclusion, we are of the view that the action of the railway board to allot the petitioner to military engineering service under the ministry of defence against the earmarked vacancy for p.h. .....

Union of India (Uoi) and anr. Vs. Orissa Textile Mills Ltd. and anr.

Court : Orissa

Reported in : AIR1979Ori165; 48(1979)CLT245

..... on that account; and (vi) the right to sue for damages inherent in the contract between the railways and the company did not stand superseded or annulled. ..... the learned trial judge on the basis of the evidence placed before him came to hold :--(i) the consignment of cotton when booked was in good and sound condition; (ii) damage was caused during transit; (in) the plaintiffs were entitled to compensation for damage; (iv) even if the suit was hit on account of want of notice under section 78-b of the railways act so far as the insurer was concerned, it was maintainable qua the company; (v) even if the company had been paid by its insurer, its right to sue was not wiped out ..... basu's submission, we think it would be appropriate to make an assessment of the loss instead of accepting the plaintiffs' claim. .....

State of Orissa Vs. Sri Ram Avattar Agarwalla and Co

Court : Orissa

Reported in : [1973]31STC215(Orissa)

..... the movement of the goods had not terminated as the delivery of the goods from the railways had not been taken.on the aforesaid analysis, in terms of section 3(b) read with explanation i of the act the sale of the goods was clearly in the course of inter-state trade. ..... agarwalla, on the other hand, contends that the commission agent acted as principal vis-a-vis the purchasers and not as an agent of the opposite party and that from the point of time the r/rs were transferred, the commission agent was a debtor of the opposite party and not an agent.these contentions require careful examination as all the assessing authorities right up to the tribunal recorded their findings one way or the other without resorting to an analysis of facts in the light of the correct legal position.7. ..... orissa state is, therefore, the appropriate state to levy and collect tax.6. ..... the following question of law has been referred under section 24(1) of the orissa sales tax act, 1947 :whether on the facts and in the circumstances of the case, the additional sales tax tribunal is correct in holding that despatches of goods by rail to different places in west bengal by the opponent and endorsements of the relevant r/rs by his commission agent at calcutta in favour of ultimate purchasers while the goods are in transit are not sales liable to be taxed under the central sales tax act in this state at the hands of the opponent ?2. .....

Dayanidhi Mallik and anr. Vs. State

Court : Orissa

Reported in : 1995CriLJ1331; 1995(I)OLR246

..... according to section 8 of the act though powers of the officer-in-charge of the police-station are conferred on the officer of the railway protection force, but all powers have not been conferred on him as in the case of an officer-in-charge of the police station as to particularly not, he has no power to initiate the prosecution by filing a charge-sheet before the magistrate, under section 173 of the code of criminal procedure, 1908 which has been held to be the clinching attribute of an investigating 'police officer' ..... it can safely be presumed that the accused being either thief or in possession of the stolen property had put the same under water in order to take it out at the appropriate time in less hours. 8 ..... for the principle that the officers are two but enquiry under section 3 of the railway property (unlawful possession) act, 1966 (for short 'the act') is not the police officer, the person arrested under section 6 of the act incriminating statements made by him during enquiry under section 8, the protection under section 20(3) of the constitution of india is not available to him. ..... rath, jmfc, balasore in 2 (c) cc 21/83 convicting the petitioners under section 3(a) of the railway property (unlawful possession) act, 1966 (for short 'the act'), the submission of the learned counsel for the petitioners is that in this case, other two accused persons-kamalakanta sahoo and abhiram mallik were acquitted but the present petitioners were found guilty and sentenced to undergo r. .....

Union of India (Uoi) Vs. Madhusudan Sahu

Court : Orissa

Reported in : AIR1964Ori198

..... held that the non-deliyery being admitted, the suit was saved under article 19 of the limitation act.in this connection, it may be noted that this very decision of the calcutta high court has been noticed in the aforesaid decision of the supreme cosrt and their lordships held:'with respect, we find it difficult how in the face of clear words in the third column of article 31the starting point of limitation can be changed because of the subsequent conduct of the railways which informed the consignor and the consignee that ..... he, however, held that this being a case of short delivery the suit is governed by article 30 of the limitation ad aad the burden of proof is on the railways to establish as to when exactly the loss occurred and since they have not proved the date of such loss the plaintiff's suit cannot be held to be time-barred.he also held that even if article 31 applies, the suit is not barred as the defendant on whom the burden lay to prove the date when the goodsought to be delivered to the plaintiff had failed to discharge that burden. ..... air 1962 sc 1879 their lordships held that;'it seems to us that the appropriate articlewould be article 30 and not article 31, because whatthe appellant is claiming is compensation fordamages to the goods which were eventually delivered. .....