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Mar 30 2011

Dedicated Freight Corridor Corporation of India Vs. Subodh Singh and o ...

Court : Supreme Court of India

Decided on : Mar-30-2011

Subject : Railway

Acts : Railways Act, 1989 - Chapter 4A - Sections 20A(1), 20E(1), 20F(2)

Dedicated Freight Corridor at Kanpur (Rural), Auraiya and Etava Districts. The acquisition was under chapter IVA of the Railways Act, 1989 (`Act' for short) which dealt with land acquisitions for special railway projects. A notification dated 10.6.2008 (gazetted on … G M E N T1. Leave granted.2. The first respondent was the owner of lands bearing Gata Nos.106, 118, 119, 123, 126 and 145 in village Kakrahi, District Auraiya, Uttar Pradesh. The said lands, among others, were

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Jul 11 2012

The Union of India Owning Southern Railway. Vs. the Addl. Registrar, R ...

Court : Chennai

Decided on : Jul-11-2012

Subject : Criminal

Acts : Railways Act, 1989 - Section 123 (c)(2), 124-A, 2(29), 129; Code of Criminal Procedure(CrPC) - Section 174; Railway Rules 1990 - Rule 4, 124

accidental death, which is an 'untoward incident' as per Section 123 (c) (2) and Section 124-A of the Railways Act, 1989, respondents 2 and 3 as his dependents are entitled to the maximum compensation of Rs.4,00,000/-.7. According to Mr.T.S.Rajamohan, … he suffered accidental death, which is an 'untoward incident' as per Section 123 (c) (2) and Section 124-A of the Railways Act, 1989, respondents 2 … the running of trains, Railway Administration, claiming of compensation for death or other causalities in a train accident. Chapter XIII of the Act deals with the railway "accident" and 'untoward incident' and liability of Railway Administration for

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Feb 29 2008

Union of India (Uoi) Vs. Konduru Venkata Reddy

Court : Andhra Pradesh

Decided on : Feb-29-2008

Subject : Motor Vehicles

Acts : Railways Act, 1989 - Sections 123, 123(C)(2), 124, 124A, 125, 126, 127, 128, 128(1) and 129; Workmen's Compensation Act, 1923; Motor Vehicles Act, 1988 - Sections 140 and 171; Consumer Protection Act, 1986 - Sections 14; Interest Act, 1978; Code of Civil Procedure (CPC) - Sections 34, 34(1) and 34(2)

Reported in : 2009ACJ1765; AIR2008AP211; 2008(5)ALD272; 2008(5)ALT172

with it.6. At the outset, it would be relevant to take note of the relevant provisions of the Railways Act, 1989, (for short 'the Act') regarding liability of the railway administration to pay compensation on account of death or … of the railway administration to pay compensation on account of death or injury to passengers due to accidents. Chapter XIII of the Act deals with the same, and after defining the expressions, 'accident' 'dependent' 'untoward accident' etc., … 1. All these matters arising out of the claim at the instance of

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Aug 20 2015

M/s. Kumaraswamy Mineral Exports and Another Vs. The Commercial Manage ...

Court : Karnataka Dharwad

Decided on : Aug-20-2015

Subject : Land Acquisition

rate which is unreasonable, it would be for the complainant to approach the Railway Rates Tribunal constituted under Chapter VII of the Railways Act, 1989. Therefore, since the petitioners were armed with an alternative remedy of redressal, … the present writ petition is misconceived and is not maintainable. That in terms of Section 36 of the Railways Act, 1989, any complaint as regards the Railway administration charging for the carriage of any commodity between two stations, at … 30.1.2008, 7.2.2008 and 8.2.2008 respectively to the consignee petitioner No.1., and etc.) 1. Heard the learned counsel for the petitioners and the learned counsel for

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Nov 19 2015

Setu Niket Vs. Union of India and Others

Court : Delhi

Decided on : Nov-19-2015

Subject : Land Acquisition

way of Public Interest Litigation is filed with the following prayers:- (a) to quash Section 129 of the Railways Act, 1989 as ultra vires Article 14 and 21 of the Constitution; (b) to quash the Railway Accidents and Untoward … under any policy of insurance. Section 129 - Power to make rules in respect of matters in this Chapter. (1) The Central Government may, by notification, make rules to carry out the purposes of this Chapter. (2) In

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Oct 18 2012

Shree Shyam Agency. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Oct-18-2012

Subject : Railways

Acts : Railway Claims Tribunal Act, 1987 - Sections 16, 82A; Railways Act, 1989 - Sections 124A, 61, 62, 87(2); Indian Evidence Act, 1872 - Sections 123,124; General Clauses Act, 1897 - Section 22; Railways (Manner of Delivery of Consignments AND Sale Proceeds in the Absence of Railway Receipt), Rules, 1990

Reported in : (2013)1SCC283

shall also exercise, on AND from the date of commencement of the provisions of section 124A of the Railways Act, 1989 (24 of 1989), all such jurisdiction, powers AND authority as were exercisable immediately before that date by any … the relevant portion of which reads as under:"87. Power to make rules in respect of matters in this Chapter.- (1) The Central Government may, by notification, make rules to carry out the purposes of this Chapter.(2) In particular,

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Oct 13 1997

Divisional Railway Manager, South Central Railway, Vijayawada and anr. ...

Court : Andhra Pradesh

Decided on : Oct-13-1997

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948 - Sections 2, 3, 4, 5 and 20(3)

Reported in : 1998(1)ALT40

employed by the Central Government or by a railway administration in connection with the service of a railway. Chapter IX of Railways Act, 1989 deals with carriage of goods. Section 61 deals with maintenance of rate-books etc., … defined in the statutory notifications. It is also, not defined either in the Minimum Wages Act or the Railways' Act 1989. Likewise 'Parcel Office' also is not defined. The provisions of the Railways' Act, 1989 do not seem to … for payment of the minimum wages as per the Minimum Wages Act, 1948 (hereinafter referred to as the Act). 2. The competent authority under the

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Dec 08 2003

Union of India (Uoi), South Central Railways Vs. Kurukundu Balakrishna ...

Court : Andhra Pradesh

Decided on : Dec-08-2003

Subject : Civil

Acts : Railways Act, 1989 - Sections 123(1), 123(2) and 124A; Constitution of India - Article 141; Evidence Act, 1872

Reported in : II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100

was either injured or had died, was entitled to compensation from the Railways under Section 124-A of the Railways Act, 1989, (the Act) is the question that in substance arises for consideration in this reference. Incidentally whether wrongful, careless, … by the Railways under Section 23 of the Railway Claims Tribunal Act, 1989 against the respective orders of Railway Claims Tribunals.2. Whether a passenger trying … not having been excluded for entitlement to compensation, the provisions of the Act should receive a similar construction.37. Chapter II of the Workmen's Compensation Act, 1923 deals with workmen's compensation. Section 3 therein enacts that if a

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Mar 21 2024

Union Of India Vs. M/s Indian Oil Corporation Ltd

Court : Supreme Court of India

Decided on : Mar-21-2024

Subject : Land Acquisition

ANALYSIS .............................................................................................. 22 i. Relevant Statutory Scheme and Provisions .............................................. 22 ii. Scope of Section 106 of the Railways Act, 1989 ........................................ 29 a. What is meant by an “Overcharge”?. ....................................................... 35 b. Concept of an ‘Overcharge’ and an … the repealing provision contained in Section 200 of the Act, 1989. The Act, 1989 is divided into 16 Chapters and 200 Sections. Chapter XI of the Act, 1989 sets out the provisions (Section(s) 93 to112) relating to … REPORTABLE2024INSC243IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1891-1966 OF2024UNION OF INDIA ...APPELLANT(S) ROMIT NANDAN SAHAI VERSUS M/S INDIAN OIL CORPORATION

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Feb 08 2000

D.B. Avalakki and Another Vs. Union of India and Others

Court : Karnataka

Decided on : Feb-08-2000

Subject : Civil

Acts : Indian Railways Act, 1890 - Sections 82-A; Railway Accidents (Compensation) Rules, 1950; Railway Accidents (Compensation (Amended) Rules, 1984 - Rule 6; Railways Act, 1989 - Sections 124 and 129; Railway Accidents (Compensation) Rules, 1990 - Rule 3; Railway Claims Tribunal Act, 1987 - Sections 13, 18(3) and 30(2); Code of Civil Procedure (CPC), 1908 - Sections 34(1); Railway Accident (Compensation) Rules, 1989; Railways Claims Tribunal Rules, 1989 - Order XXXIII, Rule 32

Reported in : II(2000)ACC764; 2001ACJ1258; AIR2000Kant269; ILR2000KAR1613; 2000(4)KarLJ237

amount of compensation payable under Section 82-A of the Old Act (corresponding Section is 124 of the Indian Railways Act, 1989) is to be determined on the basis of the statutory rules as those stood on the date of … such accident'.11. Section 129 of the Present Act empowers the Central Government to make rules in respect of Chapter XIII wherein provisions have been made for liability of Railway Administration for death and injury to passengers due … 1. This appeal is directed against the judgment and order dated 13-10-1998 passed

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