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Nareshbhai Bhagubhai Vs. Union of India
Supreme Court of India
Aug-13-2019
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 … 2016, 14000 of 2016, and 14001 of 2016 have been dismissed.2. Since a common issue arises in all 4 Civil Appeals, they are being disposed of by the present common Judgment and Order.3. The factual matrix in
Tag this Judgment! AI Brief & AskDedicated Freight Corridor Corporation of India Vs. Subodh Singh and o ...
Supreme Court of India
Mar-30-2011
Railway
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 … by any other authority."5.5) Section 20F deals with determination of amount payable as compensation. Sub-sections 1, 2 and 4 which are relevant for our purpose are extracted below :"20F. Determination of amount payable at compensation (1) Where
Tag this Judgment! AI Brief & AskJayakrishna Flour Mills Pvt. Ltd. Vs. Chairman of Railway Board
Chennai
Mar-27-2013
Land Acquisition
Railway Rates Tribunal is constituted under Section 33 of the Railways Act, 1989 to discharge the functions under Chapter VII. Section 36 of the Railways Act, 1989 deals with the jurisdiction of the Tribunal to entertain the … the prayer for issuance of a writ in the nature of declaration to declare Section 44 of the Railways Act, 1989 to be ultra vires the Constitution of India.2. M/s. Jayakrishna Flour Mills Pvt.Limited, a company registered under the … of a writ in the nature of Declaration, declaring that the Section 44 of the Railway Act, 1989 insofar as it restricts the power of
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M/S Kumaraswamy Mineral Exports Vs. The Commercial Manager South Weste ...
Karnataka Dharwad
Aug-20-2015
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 6 were armed with an alternative remedy of … 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 … approximately 2500 metric tonnes of iron ore fines. The petitioners had accordingly 4 paid the freight charges in advance and the consignment is said to
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Through General Manager, N.E. Railway Vs. Gauri S ...
Allahabad
May-04-2007
Civil
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, … been preferred by the Union of India challenging the award of Rs. 4,00,000/- to the dependents of the deceased Smt. Dropadi Devi. 3. Sri Sinha
Tag this Judgment! AI Brief & AskShri Krishna and 12 ors. Vs. Commissioner of Customs
Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Feb-28-2000
Land Acquisition
(2000)(69)ECC305
attempt to show that he was the owner.11. On ownership Ld. Counsel also referred to the provisions of Railways Act where he submitted that in terms of Section 74 the property in the consignment covered by the Railway … the goods, in such manner as may be prescribed. Ld. Counsel arguing these two provisions of the Railway Act, 1989 submitted that in terms of the Railway Receipt, Shri Srikrishna was the owner of the goods and that … that the evidence was insufficient to establish attempted export the contravention of Chapter IV-B was not disputed. Therefore, the silver could have been confiscated for … goods were found to be of export quality and valued at Rs. 44,45,000. Detailed enquiries were conducted. Statement of one Shri Biggan was recorded who
Tag this Judgment! AI Brief & AskBinu Sebastian vs Union of India
Kerala
Apr-07-2022
NOTICE INVITING TENDER PUBLISHED BY THE 3RD RESPONDENT. Exhibit P8 TRUE COPY OF CHAPTER IV A OF THE RAILWAYS ACT, 1989, ALONG WITH OTHER RELEVANT PAGES. Exhibit P9 TRUE COPY OF THE PROCEEDING NO.2008/LML/12/8 DATED 8/4/2010 OF THE 1ST
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Vs. Konduru Venkata Reddy
Andhra Pradesh
Feb-29-2008
Motor Vehicles
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)
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., … an application being OAA No. 104 of 1998 claiming compensation of Rs. 4,00,000/- on account of death of the deceased, by name, Sri K. Saraiah.
Tag this Judgment! AI Brief & AskGaurav Kapoor and ors. Vs. Union of India
Delhi
Feb-18-2014
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 … and not from New Delhi Railway Station.3. Legislature has specifically enacted Section 123(c) and Section 124-A of the Railways Act, 1989, and imposed strict liability thereby upon the Railways. As per the judgments of the Supreme Court in the
Tag this Judgment! AI Brief & AskSri Paramanand Vimal Vs. Union of India Represented by the General Man ...
Jharkhand
Jan-05-2015
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 … Gaya. The appellant filed a petition for grant of compensation for Rs. 4 Laks u/s 124-A fo Railway Act r/w Rule 3 and 4 of
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