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

Court : Andhra Pradesh

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, … 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 … nevertheless directed the Railway Administration to make ex gratia payment of Rs. 10,000/. On the claimant's appeal the High Court reversed the conclusions of the

Gwalior Sugar Co. Ltd. Vs. Union of India (Uoi) and anr.

Court : Madhya Pradesh

Subject : Civil

Acts : Railways Act, 1890 - Sections 39, 40, 41, 42, 44, 45 and 46B; Code of Civil Procedure (CPC) - Sections 80 - Rule 6; Specific Relief Act - Sections 34

Reported in : 1991(0)MPLJ868

revised, fixing Rs. 11/- per trip in 1958, Rs. 47.70 in 1961 against which, protest was lodged. The Railways replied on 26/28-12-1961 26/28-12-1961 that 'It takes one hour and five minutes for the placement and removal of … the Railway on which shunting 'trials' were ordered. Legislature has, happily, noticed the lacuna and Section 44, Railway Act, 1989 has provided that the Tribunal may 'direct a refund of amount, if any, as being the excess of … the Tribunal and render otiose the provisions of Sections 26 and 41. Chapter V of the Act is in a sense, a self-contained Code with … Indian Sugar Mill's case, was reiterated. Jaipur Udyog's Case, AIR 1975 SC 1056 is also on Tribunal's decision in regard to complaint against unreasonable charges

Setu Niket Vs. Union of India and Others

Court : Delhi

Subject : Land Acquisition

Railways Act, 1989 (hereinafter referred to as the Act') has been enacted repealing the Indian Railways Act, 1890. Chapter XIII of the Act, comprising Sections 123 to 129, deals with the liability of Railway Administration for death … 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 … are liable to be declared illegal and are liable to be quashed. 10. We may at the outset point out that Section 128 of the

Union of India (Uoi) Vs. Konduru Venkata Reddy

Court : Andhra Pradesh

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., … to 5 are their children. They filed an application being OAA No. 104 of 1998 claiming compensation of Rs. 4,00,000/- on account of death of

M/s. Sri Ragavendra Ad Lab Rep. by Its Proprietor and Others Vs. the S ...

Court : Chennai

Subject : Service Tax

Reported in : 2013(1)CWC87; 2013WLR66

the Railway premises, the petitioners cannot be asked to take licence in view of Section 185 of the Railways Act, 1989. He also relied on Article 285 of the Constitution of India in this regard. He has relied on … GOVERNMENT OF TAMIL NADU [2001 (2) CTC 103] upholding Acts 51 of 1998 and 26 of 2000 incorporating Chapter XII-A to the Chennai City Municipal Corporation Act, 1919 containing Sections 326-A to 326-J and also the decision … UNION OF INDIA VS. PURNA MUNICIPAL COUNCIL AND OTHERS [1992 (1) SCC 100] (ii)Judgment of the Supreme Court in UNION OF INDIA AND ANOTHER VS.

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

Court : Andhra Pradesh

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 … implemented the minimum wages for licensed porters working in the parcel offices. 10. For all the aforesaid reasons, I have no hesitation to hold that

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

Court : Chennai

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, … 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 … Supreme Court in M.C. Mehta v. Union of India [AIR 1987 SC 1086] has gone much further than Rylands v. Fletcher (supra) in imposing strict

Union of India (Uoi) Vs. Aruna Machine Tools Super B-iii

Court : Andhra Pradesh

Subject : Civil

Acts : Railways Act, 1989 - Sections 2(33), 65, 74, 106, 106(1) and 107; Railway Claims Tribunal Act, 1987 - Sections 3 and 13(1); Code of Civil Procedure (CPC) , 1908 - Sections 19 and 20; Sale of Goods Act, 1930

Reported in : 2005(2)ALD356; 2005(2)ALT391

learned Tribunal came to the conclusion that the consignor issued a valid notice under Section 106 of the Railways Act, 1989 (the Act, for brevity), that the appellant herein is liable to pay the compensation for nondelivery of the … as to mean the General Manager of a Zonal Railway. Sections 3 and 4, which are included in Chapter II of the Act empower the Central Government to constitute Government Railways, into as many Zonal Railways as … to the conclusion that the consignor issued a valid notice under Section 106 of the Railways Act, 1989 (the Act, for brevity), that the appellant

Sri Paramanand Vimal Vs. Union of India Represented by the General Man ...

Court : Jharkhand

Subject : Land Acquisition

own negligence it will not have any effect on the compensation payable under Section 124-A of the Act.6. Chapter XIII of the Railways Act, 1989 deals with the liability of Railway Administration for death and injury to … Parmanand Vimal was a bonafide passenger? (ii). Whether any untoward incident as defined under Section 123(c)(2) of the Railways Act, 1989 occurred to the deceased Malay Saurav s/o Sri Parmanand Vimal while travelling in Tr. No. 18624 Hatia-Patna Super

Shahajad and ors. Vs. Union of India

Court : Delhi

Subject : Land Acquisition

own negligence it will not have any effect on the compensation payable under Section 124A of the Act.8. Chapter XIII of the Railways Act, 1989 deals with the Liability of Railway Administration for Death and Injury to … it in her own commercial interest. Thus, it is not an untoward incident, as defined US123(C)(2) of the Railways Act, 1989. Accordingly, this issue is decided against the applicant.9. The applicants claim that their mother „had purchased a valid … valid platform ticket and becomes a victim of an untoward incident.”(Emphasis added) 10. It is not denied by the Railway that M. Hafeez fell down