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

Court : Supreme Court of India

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 … these questions. Chapter IVA was inserted in the Act by Amendment Act 11 of 2008 with effect from 31.1.2008. The said chapter is a self contained code in regard to land acquisitions for special railway projects.5.1) Sub-section

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 … General Manager, Karnataka State Road Transport Corporation, Bangalore and Anr., 2001(5) KLJ 322ii) Padma Srinivasan v. Premier Insurance Co. Ltd., : [1982]3SCR244 iii) State Of

Union of India (Uoi) Through General Manager, N.E. Railway Vs. Gauri S ...

Court : Allahabad

Subject : Civil

Reported in : 2008ACJ2500; 2007(3)AWC2766

has also drawn attention of the Court to the provisions of Sections 123, 124 and 125 of the Railways Act, 1989. The aforementioned two judgments lay down the same principle with respect to the definition of dependant under the … Section 123(b) and the relevant portion in the present case is sub Clause (i), which says:123. Definition--In this Chapter, unless the context otherwise requires- (a) ...(b) dependant means any of the following relatives of a deceased passenger, … of Rs. 4,00,000/- to the dependents of the deceased Smt. Dropadi Devi. 3. Sri Sinha has raised mainly the following two points for assailing 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., … claim is taken up from one of the appeals, i.e., CMA No. 3491 of 2002.3. The first applicant is the wife of the deceased and

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

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 … the Railway premises, by the private parties, who are the petitioners herein. 3. Mr.T.R.Rajagopalan, learned Senior Counsel appearing for M/s.B.S.G.Firm, learned counsel for the petitioner

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 … Villages, situated in District Surat, Gujarat for the public purpose of construction of the Western Dedicated Freight Corridor. 3 The total land under acquisition was a stretch of 131 kms. The land owned by the Appellants, comprising

Twenty First Century Printers Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1995)LC117Tri(Delhi)

another case Collector of Central Excise, Kanpur v. Krishna Carbon Paper Co., 1988 (37) E.L.T. 480 (S.C.) = 1989 (20) ECR 273 (SC), Supreme Court pointed out the circumstances when ISI specifications can be relied upon. It … that the entire configuration machine imported by the appellants was classifiable under Chapter Heading 8479.89 as a machine used for the production of a commodity, … or copies per hour with DCP Platen under Clauses (d) and (m) of Section 111 of the Customs Act, 1962, imposing a fine in lieu of confiscation of Rs. 60,00,000/- and determination the classification of the machine … Speed Letter and Off-Set Rotary Printing Machine having out-put of more than 35,000 composite impressions or copies per hour with DCP Platen under Clauses (d)

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 … lakhs. On 18th August, 2006, the accused persons were convicted under Section 392 of the Indian Penal Code ('IPC', for short) and sentenced to 10

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