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M/s. Kumaraswamy Mineral Exports and Another Vs. The Commercial Manage ...
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 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
Tag this Judgment! AI Brief & AskJames Alex, vs Union of India,
Kerala
Mar-29-2022
purpose of Railway, is with the 1st respondent. The 1st respondent has to issue a notification contemplated in Chapter IV-A of :9: the Railways Act, 1989. The 1st respondent has not issued any such notification. Ext.P4 amounts … petitioners would contend that in the 4thSchedule to the LARR Act, 2013, the 13 th entry is the Railways Act, 1989. Therefore, the LARR Act, 2013 cannot be applied for acquisition of lands for Railway. Acquisition of land for … P.O., KURAVILANGAD, KOTTAYAM DISTRICT, PIN - 686 633. 5 HAYASINTH SEBASTIAN AGED 70 YEARS W/O.K.J.ANTONY, KUTTICKAL HOUSE, KALATHOOR P.O., KOTTAYAM DISTRICT, PIN - 686 633.BY
Tag this Judgment! AI Brief & AskM.V.Chackochan vs Union of India
Kerala
Mar-29-2022
purpose of Railway, is with the 1st respondent. The 1st respondent has to issue a notification contemplated in Chapter IV-A of :9: the Railways Act, 1989. The 1st respondent has not issued any such notification. Ext.P4 amounts … petitioners would contend that in the 4thSchedule to the LARR Act, 2013, the 13 th entry is the Railways Act, 1989. Therefore, the LARR Act, 2013 cannot be applied for acquisition of lands for Railway. Acquisition of land for … P.O., KURAVILANGAD, KOTTAYAM DISTRICT, PIN - 686 633. 5 HAYASINTH SEBASTIAN AGED 70 YEARS W/O.K.J.ANTONY, KUTTICKAL HOUSE, KALATHOOR P.O., KOTTAYAM DISTRICT, PIN - 686 633.BY
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Mayadevi vs the General Manager
Kerala
Dec-21-2021
deceased while he was crossing the railway track and the accident will not come within the purview of Chapter XIII of the Railways Act, 1989 and the Railway Accident and Untoward Incidents WP(C) 21612-2015 ..4.. (Compensation) Rules, … the railway administration and therefore the respondents are liable to pay compensation as per the provisions of the Railways Act, 1989 and the Railway Accident and Untoward Incidents (Compensation) Rules, 1990. It is further contended that, since the deceased … stated that the accident occurred on 20.07.2012 and in view of Article 72 of Part VII of the 1 st Division of Schedule I of
Tag this Judgment! AI Brief & AskUdaipur Cement Works Vs. Union of India (Uoi) and anr.
Rajasthan
Feb-23-2005
Civil
Companies Act, 1956; Railway Claims Tribunal Act, 1987 - Sections 13, 13(1), 29(2) and 41(1); Railways act, 1989 - Sections 94
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)
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Rep. by General Manager South Eastern Railway Vs. ...
Andhra Pradesh
Dec-21-2004
Civil
Railways Act, 1890 - Sections 78B and 82A; Railways Claims Tribunal Act, 1987 - Sections 13, 13(1), 17 and 17(1)
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,
Tag this Judgment! AI Brief & AskUnion of India Through Its General Manager North Eastern Railway Gorak ...
National Consumer Disputes Redressal Commission NCDRC
Jul-22-2013
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
Tag this Judgment! AI Brief & AskUnion of India Through Its General Manager North Eastern Railway Gorak ...
National Consumer Disputes Redressal Commission NCDRC
Jul-22-2013
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
Tag this Judgment! AI Brief & AskShree Shyam Agency. Vs. Union of India and ors.
Supreme Court of India
Oct-18-2012
Railways
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
(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
Tag this Judgment! AI Brief & AskUnion Of India Vs. M/s Indian Oil Corporation Ltd
Supreme Court of India
Mar-21-2024
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
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