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Sumatidevi M. Dhanwatay Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Consumer Protection Act, 1986 - Sections 3; Indian Railways Act, 1989 - Sections 100, 103 and 124A; Constitution of India - Article 21; Railways Act, 1890 - Sections 80

Reported in : AIR2004SC2368; 2004(5)ALLMR(SC)544; 2004(2)AWC2136(SC); 2004(52)BLJR1179; (SCSuppl)2004(4)CHN86; II(2004)CPJ27(SC); JT2004(4)SC537; 2004(4)SCALE607; (2004)6SCC113

advanced that the complaint was not maintainable under the provision of Sections 100 and 103 of the Indian Railways Act, 1989. The State Commission has categorically recorded a finding that there was deficiency in service on the part of … Commission without giving reasons, and upset order of State government, impugned order of National Commission held unsustainable - Section 100: [S.B.Sinha & Dr.Mukundakam Sharma,JJ] Second appeal Decree for possession passed on basis of permanent lease of suit property

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, … In France, the liability of the State is without fault, and the 'Principle of Strict Liability' applies (see C.J. Hanson "Government Liability in Tort in the English and French Legal Systems").21. In India, the landmark Constitution Bench

Union of India (Uoi) and anr. Vs. Trilochan Nayak and ors. Etc.

Court : Orissa

Subject : Civil

Reported in : AIR2009Ori91

or in the Railways Claims Tribunal Act?5. For better appreciation, Sections 2(29), 123, 124 and 124-A of the Railways Act, 1989 and the scope and powers of the Railway Claims Tribunal under the Railway Claims Tribunal Act, 1987 are … law and facts involve in these appeals, they are being disposed of by this common judgment.These appeals under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'the Act') have been preferred by … orders - Appeals are accordingly dismissed being devoid of merit - Sections 100-A [As inserted by Act 22 of 2002], 110 & 104 & Letters

Union of India (Uoi), Secunderabad Vs. B. Koddekar and anr.

Court : Andhra Pradesh

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 18, 23, 123(C) and 124(A); Railways Act, 1989 - Sections 2, 123 and 124A; Terrorist and Disruptive Activities Prevention Act, 1987 - Sections 3(1); Evidence Act, 1872 - Sections 123 and 124; Motor Vehicles Act, 1988 - Sections 140

Reported in : 2003ACJ1286; AIR2003AP23; 2002(4)ALT310

persons could be held to be an untoward incident falling within the ambit of Section 123(c) of the Railways Act, 1989 ? 2) Whether the applicants-respondents in these appeals are entitled for compensation under Section 124A of the Railways … Rs.4 lakhs for the claimants with 9% interest per annum and also apportioned the same between the applicants.12. C.M.A.No. 1137 of 1999: This appeal is filed against the order of the Railway Claims Tribunal in OAA No.

The Union of India Owning Southern Railway. Vs. G.Jayalakshmi.

Court : Chennai

Subject : MRTP

Acts : Railways Act, 1989 - Section 123(c)(2), 124A; Railway Passengers (Manner of Investigation of Untoward Incidents) Rules, 2008 - Rule 6, 7, 10, 11

Therefore, it is contended that the incident does not come under the purview of Section 123(c)(2) of the Railways Act, 1989 (herein after referred to as the Act) and it will only amount to 'self-inflicted injuries' for which the … the accidental falling of any passenger from a train carrying passengers. In the decision reported in 2002-1-KLT-678 (Joji C.JOhn Vs. Union of India), the Division Bench of the Kerala High Court held that where there is an

State of MaharashtrA. Vs. Kamal Ahmed Mohammed Vakil Ansari and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Indian Penal Code (IPC), 1860 - 302, 307, 326, 427, 436, 20A, 120B, 123, 124, 34; ndian Explosives Act; Prevention of Damage to Public Property Act; Indian Railways Act, 1989 - Sections 151, 152, 153, 154; Unlawful Activities (Prevention) Act, 1967 - Sections 10, 13, 16, 17, 18, 19, 20, 40; Maharashtra Control of Organised Crime Act, 1999 - Sections 3(1)(i), 3(2), 3(4); Passports Act, 1967 - Section 12(1)(c); Indian Evidence Act, 1872 - Sections 6, 11, 5 to 16, 26, 30, 30(b), 31

the Prevention of Damage to Public Property Act, 1984, read with Sections 151, 152, 153, 154 of the Railways Act, 1989, read with Section 12(1)(c) of the Passports Act, 1967.3. The prosecution case (in Special Case No.21 of 2006) … as against the person who makes such confession.Illustrations(a) A and B are jointly tried for the murder of C. It is proved that A said - "B and I murdered C". The Court may consider the effect

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

Court : Chennai

Subject : Land Acquisition

Act, 1989, can only be filed if there is contravention of the provisions of Section 70 of the Railways Act, 1989. Section 70 of the Act prohibits undue preference.39. The railway administration is barred from giving unreasonable preference or advantage … this, the petitioner filed a complaint under Section 36 of the Act before the Railway Rates Tribunal vide C.No.8/07. Vide order dated 07.08.2007 in I.A.No.4 of 2007, an order of interim direction, restraining the respondent Nos.3 to

Mahipal Battulal JaIn Vs. Union of India (Uoi) Through the General Man ...

Court : Mumbai

Subject : Civil

Reported in : 2004(2)ALLMR45; (2004)106BOMLR943

resisted the claim by filing written statement. It is contended that the notice under Section 106 of the Railways Act, 1989 (Act No. 24 of 1989) (for short the Act) was not served and the appellant did not pay … liable for the loss, destruction, damage, deterioration or non-delivery of any luggage in view of the provisions of Section 100 of the Act, whereas for consignment the liability would arise as per the provisions of Section 103 of

Union of India (Uoi) Vs. Hemlata Mudoi

Court : Guwahati

Subject : Civil

Acts : Railways Act, 1989 - Sections 123 and 124A

from the running train which would be an untoward, incident within the meaning of Section 123 of the Railways Act, 1989. With this finding the compensation of Rs. 4,00,000 as per Schedule to Rule 3 of Railway Accident and … P.P. Naolekar, C.J. 1. An application under Section 16 of the Railway Claims Tribunal Act, 1'987 was, filed by Smt. Hem

Union of India (Uoi) Vs. Nilkanth Tulsidas Bhatia and 7 ors.

Court : Gujarat

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 113, 114, 115, 119, 122, 141, 150 and 153; Indian Penal Code (IPC) - Sections 120B, 147, 148, 149, 153A, 164, 302, 307 and 436; Prevention of Terrorists Act, 2002 - Sections 32; Commissions of Inquiry Act, 1952 - Sections 2, 3, 3(1), 3(4), 5(2), 5(5) and 11; Government of India Act, 1935 - Sections 100; The Madras Agriculturists Relief Act, 1938; Negotiable Instruments Act, 1881; Parent Act - Sections 119; Criminal Law; Constitution of India - Articles 73 and 226; Statutory Investigation into Railway Accidents Rules, 1998 - Rules 2(6) and 4

Reported in : (2006)2GLR952

read with Section 120B of the Indian Penal Code and Sections 141, 150 and 153 of the Indian Railways Act, 1989. Later on, the provisions of the Prevention of Terrorists Act, 2002 were also invoked and after filing of … on several occasions in the past, not only after coming into force of the Constitution, but even under Section 100 of the Government of India Act, 1935. The Privy Council in Prafulla Kumar Mukherjee v. Bank of Khulna