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Oct 18 2012

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

Court : Supreme Court of India

Decided on : Oct-18-2012

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 … civil revision petitions were heard AND a common order was passed on 9.9.2011 dismissing all the revision petitions AND confirming the order passed by the

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Aug 31 2004

ishwarbhai H. Parmar Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Ahmedabad

Decided on : Aug-31-2004

Subject : Land Acquisition

Reported in : (2005)(2)SLJ49CAT

Notwithstanding anything contained in Rule 125(1)(b), on the Central Government issuing an order under Section 71(1)(b) of the Railways Act, 1989 that goods specified in the order can be carried and charged by a route specified therein or by … (Discipline & Appeal) Rules. It would accordingly be appropriate to analyze the frame work before deciding this O.A.6. Chapter II of the Railway Act contains provisions relating to fixation of rates for passenger and freight. Chapter IX … includes rolling stock of every description, as well as passengers and goods." 9.2 Paragraph 104 provides for the duties of commercial staff.Sub-clause (a) reads: "All

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Jan 20 2006

Sr. Divisional Commercial Manager Vs. Intelligence Officer

Court : Kerala

Decided on : Jan-20-2006

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 3, 3(1), 3(1A), 5, 27, 28, 29, 29(2), 29A, 29A(4), 30, 30(1), 30A, 30B, 30C, 30E, 31, 31A(2), 32, 45A, 45A(1) and 46; Railways Act, 1989 - Sections 61, 62, 64, 65, 66, 67, 74, 75, 80, 93 and 97; Kerala General Sales Tax Rules, 1963 - Rules 37 and 58; Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC) - Order 5, Rule 27; Railways Rules

Reported in : 2006(1)KLT834; (2007)8VST434(Ker)

dealers and transporting agents under the Sales Tax Act. Carriage of goods by railway is dealt with in Chapter IX of the Railways Act, 1989. Section 61 states that every railway administration shall maintain, at each station … proceedings. Railways and its officials took up the stand that they are governed by the provisions of the Railways Act, 1989 and the Rules made thereunder and not by the provisions of the Salestax Act or the Rules. Commercial … of the goods suspected of tax evasion, as provided for under Section 93 of the Railways Act....All the same it is submitted that the Railways

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Dec 04 2012

M/s. Sri Ragavendra Ad Lab Rep. by Its Proprietor and Others Vs. the S ...

Court : Chennai

Decided on : Dec-04-2012

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 … SENIOR SUPERINTENDENT OF POST OFFICES, AMRITSAR DIVISION AND ANOTHER [2004 (3) SCC 92] (iv)Judgment of this Court in UNION OF INDIA VS. THE COMMISSIONER (W.P.NO.13990

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Oct 13 1997

Divisional Railway Manager, South Central Railway, Vijayawada and anr. ...

Court : Andhra Pradesh

Decided on : Oct-13-1997

Subject : Labour and Industrial

Acts : Minimum Wages Act, 1948 - Sections 2, 3, 4, 5 and 20(3)

Reported in : 1998(1)ALT40

employed by the Central Government or by a railway administration in connection with the service of a railway. Chapter IX of Railways Act, 1989 deals with carriage of goods. Section 61 deals with maintenance of rate-books etc., … defined in the statutory notifications. It is also, not defined either in the Minimum Wages Act or the Railways' Act 1989. Likewise 'Parcel Office' also is not defined. The provisions of the Railways' Act, 1989 do not seem to … work is done at the directions is and control of the employer. 9. The learned Counsel for the petitioners next contended that the services of

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Mar 27 2013

Jayakrishna Flour Mills Pvt. Ltd. Vs. Chairman of Railway Board

Court : Chennai

Decided on : Mar-27-2013

Subject : 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 goods transported by the petitioner through Railways is not less than 90,00 Mts. In other words, an average of 36 rakes of train load

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Jul 05 2016

Anil Kumar Gupta Vs. Union of India and Ors.

Court : Supreme Court of India

Decided on : Jul-05-2016

Subject : Land Acquisition

with those persons who travelled on the roofs of coaches in violation of Section 156 of the Indian Railways Act, 1989.” In Chapter 8 titled “Conclusions” it was stated in the Report as under:- “8.1 Cause of the accident:8. … railway station. The accident is classified under the heading of “FAILURE OF PERSONS OTHER THAN RAILWAY STAFF”. In Chapter 9 titled “Remarks and Recommendations” Paragraphs 9.2 and 9.3 of the Report were as under:- “9.2 Railway must ensure

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Dec 07 1999

Syed Muneer Raza Vs. Chairman, Railway Board, New Delhi and Others

Court : Andhra Pradesh

Decided on : Dec-07-1999

Subject : ContractConstitution

Acts : Railway Claims Tribunal Act, 1987 - Sections 13(1), 56, 59, 65, 72, 73, 78 and 142; Constitution of India - Articles 14, 19(1), 21 and 226; Railways Act, 1989 - Sections 78, 79 and 105; IRCA - Rule 117; Army Act, 1950; Navy Act, 1957; Air Force Act, 1950; Indian Penal Code (IPC), 1860 - Sections 354; Railways Act, 1890 - Sections 78-B

Reported in : 2000(1)ALD689

Matched in: Advocate Mr. P. Radha Krishna, Adv. Mr. D. Srinivas, SC for Railways

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Apr 02 2008

Satyabir and ors. Vs. Union of India (Uoi) Through Secretary, Ministry ...

Court : Punjab and Haryana

Decided on : Apr-02-2008

Subject : Civil

Reported in : 2009ACJ2093; (2008)3PLR185

subsequently discharged. An information regarding the incident was sent by Station Master, Railway Station Rohtak to SHO Government railways Police Rohtak vide memo No. 57/88/04 dated 21.5.2004. The information regarding death of Smt. Santosh was also sent … working under Chief Claims Officer deals claim cases strictly in accordance with the relevant provisions of the Railway Act, 1989. So far as the compensation cases involving loss of life and injuries are concerned, compensation is awarded by … Claims Tribunals in accordance with the provisions of the Railway Act under Chapter XIII-Liability of Railway Administration for death and injury to passengers due to

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Nov 19 2015

Setu Niket Vs. Union of India and Others

Court : Delhi

Decided on : Nov-19-2015

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 … exceed Rupees Four Lacs prescribed under Rule 4 of the Compensation Rules. 9. The contention of the petitioner is that Rule 4 of the Rules

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