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Union of India (Uoi) Vs. Rajkot Municipal Corporation

Court : Gujarat

Subject : Municipal Tax

Acts : Constitution of India - Article 285 and 285(1); Bombay Provincial Municipal Corporation Act, 1949 - Sections 127, 129, 130, 131 and 132; Bombay Provincial Municipal Corporation Rules - Rules 39, 40 and 45(1); ;Railways Act, 1890 - Sections 135, 135(1) and 135(4); Railways (Amendment) Act, 1989 - Sections 184(1) and 184(4)

Reported in : AIR2003Guj87; (2002)3GLR904

the property occupied by the railway is concerned, there was no notification issued under Section 184(1) of the Railways Act, 1989, which corresponded to Section 135(1) of the Act of 1890. According to the petitioner, there was also no … issued in respect thereof for recovery of the aforesaid dues. The order was made under Rule 45(1) of Chapter 8 of the Schedule to the Bombay Provincial Municipal Corporation Act, 1949. The impugned bill at Annexure 'A' … 3. Special Civil Application Nos. 812 of 1998, 12090 of 2000 and 11439 of 2001 have been filed by the Union of India through the

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 … the amount should be as on the date of such determination. ? 11. As could be seen from the settled legal position, the upper limit

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

Court : Supreme Court of India

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 … PROCEEDINGS BEFORE THE RAILWAY CLAIMS TRIBUNAL ... 8 C. IMPUGNED ORDER ............................................................................. 11 D. SUBMISSIONS ON BEHALF OF THE APPELLANT ....................... 13 E. SUBMISSIONS ON

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.,

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 … thereon are just adjacent to the busy OMR Road (Old Mahabalipuram Road). 11. The learned Additional Advocate General vehemently contended that the permission given by

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 … Offices are entitled for minimum wages as per the Minimum Wages Act. 11. The learned Counsel for the petitioners next contended that even in the

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

Smt. M. Chandravathi and anr. Vs. Union of India (Uoi)

Court : Karnataka

Subject : Civil

Acts : Railways Act, 1989 - Sections 124, 124A and 125; ;Indian Railways Act, 1890 - Sections 82A, 82A(2) and 82C; ;Railway Claims Tribunal Act, 1987 - Sections 13, 13(1), 13(1A), 13I, 16, 17(2), 24, 123, 124 and 124A; Limitation Act - Sections 5; ;Railway (Amendment) Act, 1994 - Sections 124(A); Indian Railways Rules; ;Punjab Pre-emption Act, 1913; Haryana Pre-emption (Amendment) Act, 1995 - Sections 15; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1); Industrial Disputes Act, 1947 - Sections 17B; Motor Vehicles Act, 1988 - Sections 140 and 217; Motor Vehicles (Amendment) Act, 1998; Motor Vehicles Act, 1939 - Sections 92A

Reported in : III(2005)ACC322; 2005ACJ1465; ILR2005KAR3671

Claims Tribunal rejecting the claim made by them seeking compensation under the provisions of Section 125 of the Railways Act, 1989, read with Section 123(c), 124 and 124(A) and Section 17(2) of the Railway Claims Tribunal Act, 1987.2. Relevant … as a result of railway accidents (or untoward incidents) (inserted by Act 28/1994). Section 13 which appears in Chapter III of the Act deals with jurisdiction, powers and authority of the Claims Tribunal. It provides that the

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 … only to prove a particular point. Further, the applicant states in para 11 of their claim application that the articles carried by the deceased were

Bimla Devi and anr. 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 … Ram died on 17.1.2011 on account of an untoward incident as per Sections 123(c) and 124(A) of the Railways Act, 1989, and thus compensation ought to be awarded to the appellants who are the widow and children of late … in disputing the claim of the dependants of the deceased. Paras 6,7,8,9,10, 11 and 12 of the judgment in the case of Jameela (supra) are