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

Court : Supreme Court of India

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 … to be carried by railway AND not for adjudication of any claim or dispute against a third party.11. Chapter III of the Tribunal Act deals with the jurisdiction, powers AND authority of the Claims Tribunal. Section 13 … in a claim petition filed by the 3rd respondent herein under Section 16 of the Railway Claims Tribunal Act, 1987 (for short 'Tribunal Act').3. The

Nareshbhai Bhagubhai Vs. Union of India

Court : Supreme Court of India

Subject : Land Acquisition

provisions for acquisition of land for a Special Railway Project are contained in Chapter IV A of the Railways Act, 1989. Chapter IV A is a complete self­contained code for the acquisition of land. 13 Chapter IV A was incorporated … are restricted by or under any other law for the time being in force in that area; or 16 (ii) the registered sale deeds for similar land as mentioned in clause (i) of sub­section (1) are not

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 … AND BUSINESS PROMOTERS VS. COMMISSIONER, CORPORATION OF CITY OF BANGALORE [1977 AIR 1646]. 10. The learned Additional Advocate General also submitted that the constitutional validity

TahazhaThe Purayil Sarabi and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Civil

Acts : Railways Act, 1989 - Sections 123, 123(2), 124, 124A and 127; Motor Vehicles Act, 1988 - Sections 166; Code of Civil Procedure (CPC) , 1908 - Sections 34 - Order 11, Rule 2; Interest Act, 1978 - Sections 3; Railway Claims Tribunal Act, 1987 - Sections 16; Negotiable Instruments Act, 1881; Banking Companies (Acquisition and Transfer of Undertakings) Act 1970; Arbitration Act, 1940 - Sections 9; Indian Penal Code (IPC) - Sections 392

Reported in : 2009ACJ2444; AIR2009SC3098; 2009(4)AWC3171(SC); JT2009(8)SC515; 2009(8)SCALE545; (2009)7SCC372; 2009AIRSCW4984

order dated 26th March, 2007, allowed the application in part and in terms of Section 123(c) of the Railways Act, 1989, directed the Union of India and its authorities to pay to the appellants herein compensation of Rs. 4 … application to the Claims Tribunal, the right to receive compensation is contained in Sections 124 and 124A comprising Chapter XIII of the 1989 Act dealing with the liability of the Railway Administration for death and injury to … Bench of the High Court upon reference to the provisions of Section 166 of the Motor Vehicles Act, 1988 and Section 34 of the Civil

Delhi Metro Rail Corporation Vs. Delhi Transco Limited Through Its

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

an exception only to the three Acts: The Consumer Protection Act 1986, Atomic Energy Act 1962 and the Railways Act 1989. Further the DMRC Act has no provision for dealing with grant of distribution license. The Commission, therefore, concluded … licensee. In order to assert this the appellant relies upon the following provisions of the DMRC Act: b. Chapter X Rules 65 to 80 of the Delhi Metro Railway General Rules, 2002 dealing with power supply and … group of cases being Appeal Nos. 179 of 2005, 188 of 2005, 16 of 2006 and 27 of 2006 in which the question was whether

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 … but the Railway having made a fresh demand for payment on Rs. 16,427.70 and that being illegal, the plaintiff company proposed to file a suit

Harvinder Kaur and ors. Vs. Union of India

Court : Delhi

Subject : Railway Claims

Acts : Railway Claims Tribunal Act - Section 16

not have any effect on the compensation payable under Section 124A of the Act.6. Chapter XIII of the Railways Act, 1989 deals with the Liability of Railway Administration for Death and Injury to Passengers due to Accidents. Section 123, … the Tribunal) dated 15.04.2010 in O.A. No.97/2009 whereby the Tribunal has dismissed the claim application filed under Section 16 of the Railway Claims Tribunal Act by the dependants of the deceased only on the ground that the

Gurcharan Singh Sodhi vs.railway Board, Ministry of Railways & Anr

Court : Delhi

Subject : Land Acquisition

the term defined under the Indian Railways Act, 1890. The Indian Railways Act, 1890 was repealed by the Railways Act, 1989 and the said Act defines "railway servant" under Section 2 (34) as under: ―(34) ―railway servant‖ means any … 19 as railway servants within the meaning of the Indian Railways Act, 1890 (9 of 1890) other than Chapter VIA thereof, and shall be entitled to exercise the powers conferred on railway servants by or under that … least one month before the commencement of such proceeding.‖ three months after 16. Relying on the aforesaid section of the Act, the submission of the

A. Parappa and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT

Subject : MRTP

Reported in : (2004)(2)SLJ128CAT

a Railway servant whose service conditions are governed under the Indian Railways Establishment Code/Hours of Employment Regulation under Railways Act, 1989 (Chapter XIV). It is also their contention that the duties of the Halt Agents cannot be compared with the … these O.As. are disposed of by a common order.2. In O.A. Nos. 1098 and 1106 to 1120/2001, the 16 applicants in the said O.A. have sought for the quashing of the notification dated 29.8.2000 issued by the

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 … received the assent of the President on 3-6-1989. It is divided into 16 Chapters. Chapter-XIII sets out provisions (in Section 123 - 129) relating to