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M/s. Kumaraswamy Mineral Exports and Another Vs. The Commercial Manage ...

Court : Karnataka Dharwad

Subject : 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 were armed with an alternative remedy of redressal, … 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 … as per the Railway receipts bearing No.212000758. 212000768, 212000769 dispatched on 30.1.2008, 7.2.2008 and 8.2.2008 respectively to the consignee petitioner No.1., and etc.) 1. Heard

Udaipur Cement Works Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Subject : Civil

Acts : Companies Act, 1956; Railway Claims Tribunal Act, 1987 - Sections 13, 13(1), 29(2) and 41(1); Railways act, 1989 - Sections 94

Reported in : AIR2005Raj267; RLW2005(2)Raj1170; 2005(3)WLC125

Tribunal shall have jurisdiction in matters relating to responsibilities of railway administration as Careers under Chapter-VII of the Railways act, 1989 (for short 'the Act of 1989') in respect of the claims for compensation as enumerated in Sub-clause (i)

Union of India (Uoi) Rep. by General Manager South Eastern Railway Vs. ...

Court : Andhra Pradesh

Subject : Civil

Acts : Railways Act, 1890 - Sections 78B and 82A; Railways Claims Tribunal Act, 1987 - Sections 13, 13(1), 17 and 17(1)

Reported in : II(2005)ACC520; AIR2005AP184; 2005(2)ALD525; 2005(2)ALT127

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 … under the provisions of the Railways Act,-(a) relating to the responsibility of the railway administrations as carriers under Chapter VII of the Railways Act in respect of claims for-(i) compensation for loss, destruction, damage, deterioration or non-delivery … collected more freight than prescribed. Therefore, Visakhapatnam Steel issued notices under Section 78B of Indian Railways Act, 1890 (hereinafter called '1890 Act') on 20-1-1988, 24-3-1988,

Union of India Through Its General Manager North Eastern Railway Gorak ...

Court : National Consumer Disputes Redressal Commission NCDRC

Subject : MRTP

to discharge. 6. Learned counsel has also relied on the provisions of sections 97 and 100 of the Railways Act, 1989 under which the railways cannot be held liable for compensation in this case and the State Commission erred … under the provisions of Railway Act,- (a) relating to the responsibility of the railway administrations as carriers under Chapter VII of the Railways Act in respect of claims for- (i) compensation for loss, destruction, damages, deterioration or … about 2O clock in the night. When the complainant woke up at 7O clock in the morning, she found that her grey colour suitcase which

Union of India Through Its General Manager North Eastern Railway Gorak ...

Court : National Consumer Disputes Redressal Commission NCDRC

Subject : MRTP

to discharge. 6. Learned counsel has also relied on the provisions of sections 97 and 100 of the Railways Act, 1989 under which the railways cannot be held liable for compensation in this case and the State Commission erred … under the provisions of Railway Act,- (a) relating to the responsibility of the railway administrations as carriers under Chapter VII of the Railways Act in respect of claims for- (i) compensation for loss, destruction, damages, deterioration or … about 2O clock in the night. When the complainant woke up at 7O clock in the morning, she found that her grey colour suitcase which

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 … stated therein, shall lie on the consignor, the consignee or the endorsee."Section 74 of the Railways Act, 1989 deals with the passing of property in … 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

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 … which compensation shall be paid and the amount of such compensation. ? 7. It is also relevant to refer to Rules 3 and 4 of

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 … Whether the present case is one of ‘Overcharge’ or ‘Illegal Charge’?. .... 76 a. Applicability of Section 106(3) of the Railways Act, 1989. .................. 76

D.B. Avalakki and Another Vs. Union of India and Others

Court : Karnataka

Subject : Civil

Acts : Indian Railways Act, 1890 - Sections 82-A; Railway Accidents (Compensation) Rules, 1950; Railway Accidents (Compensation (Amended) Rules, 1984 - Rule 6; Railways Act, 1989 - Sections 124 and 129; Railway Accidents (Compensation) Rules, 1990 - Rule 3; Railway Claims Tribunal Act, 1987 - Sections 13, 18(3) and 30(2); Code of Civil Procedure (CPC), 1908 - Sections 34(1); Railway Accident (Compensation) Rules, 1989; Railways Claims Tribunal Rules, 1989 - Order XXXIII, Rule 32

Reported in : II(2000)ACC764; 2001ACJ1258; AIR2000Kant269; ILR2000KAR1613; 2000(4)KarLJ237

amount of compensation payable under Section 82-A of the Old Act (corresponding Section is 124 of the Indian Railways Act, 1989) is to be determined on the basis of the statutory rules as those stood on the date of … such accident'.11. Section 129 of the Present Act empowers the Central Government to make rules in respect of Chapter XIII wherein provisions have been made for liability of Railway Administration for death and injury to passengers due … order, the Tribunal, on the miscellaneous application filed by the appellants on 7-12-1998 claiming interest on the amount of compensation, has ordered for interest by

Smt. Nazara and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Civil

Reported in : 1997(2)WLC550; 1997(1)WLN426

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 … under the provisions of the Railways Act,(a) relating to the responsibility of the railway administrations as carriers under Chapter VII, of the Railways Act In respect of claims(i) compensation for loss, destruction, damage, deterioration or non-delivery of … relating to the responsibility of the railway administrations as carriers under Chapter VII, of the Railways Act In respect of claims(i) compensation for loss, destruction,