Skip to main content

Metro Railways Act 1978

 Metro Railways Act 1978

Delhi metro has developed today's time transport system. Traffic has increased in and reaching on is always a problem. Delhi metro was introduced to solve this problem. The concept of mass rapid transit, in 2005, the metro started to develop through red line, later the yellow line was introduced and in 2008, the blue line was introduced. It is not wrong to say that the metro has made connectivity faster and easily.

In 1978, the metro railways construction act was introduced by the parliament act of India that governs the construction works relating to the metro. This act was enacted in 1978, this act was applied in Calcutta. This act empowered the central government to by notification in the Gazette of India, it also extended to any metropolitan city.

 The history of the act dates backs to the metro railways bill introduced in 1978, it was introduced in Lok Sabha on 12th May 1978. This bill was easily passed by the house on 26th July. This bill received assent from the n president known as Neelam Sanjiva Reddy and finally, the act came into force on 1 Feb 1979.

 as the times have passed the act was amended accordingly, in 1982. The amendment introduced this year was that the name of the act was changed to be metro railways (construction work) amendment act 1982 into the metro railways. The second act was amended in 2009, the bill titled the metro railways (amendment ) bill 2009 was passed by the Lok Sabha on 6th august 2009.

In a recent case, the Delhi High court slams parallel talks. In this case, justice Suresh Kait said that a subsidiary of reliance infrastructure has not approached the court with clean hands. It also gave the option to the company to resolve their issue outside the court.  The Delhi court on Tuesday pulled up Delhi Airport Metro Express Private Limited for carrying out a parallel settlement discussion with the Delhi Metro Rail Corporation. 

The court also viewed that the petitioner (DAMEPL)counsel is submitting to the court to settle the dispute between the parties using some other method that didn't involve the court. The court also observed that DAMEPL was not fair to the court despite having won the arbitral award. The judge noted that according to its December 22, 2021 order, DMRC has filed an affidavit furnishing the details of its bank accounts with the balance amount.

In November, the apex court had dismissed DMRC's plea seeking a review of the judgment which was upheld the 2017 arbitration award in favor of DAMEPL, enforced against it. It was finally stated that the arbitration award will be enforceable against DMRC. The claim made by the DAMEPL was reduced by the court as it analyzed that the claim should be 5000 crores.

Indian transportation has increased and has developed in many spheres.
Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more