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Shri G. Rajan Vs. Union of India (Uoi), Rep. by the General Manager an ...

Court : Karnataka

Subject : Service

Acts : Indian Railways Act, 1989 - Sections 101; Railway Servants (Discipline and Appeal) Rules 1968 - Rule 9(10) and 9(12); Constitution of India - Articles 226 and 227; Station Working Rules

Reported in : ILR2005KAR1764

and departmental rules by which he was governed, thereby violating the provisions of Section 101 of the Indian Railways Act, 1989. The petitioner submitted his statement of defence denying the allegations. In the circumstance, the 6th respondent was appointed

Pushpaben Jitendrakumar Shah and ors. Vs. Union of India (Uoi) and ors ...

Court : Gujarat

Subject : Civil

Acts : Indian Railways Act, 1890 - Sections 47, 63, 93, 101, 109 and 109(1); Railways Act, 1989 - Sections 47, 47(1), 66(1), 67, 67(1), 67(2), Rules 95, 96, 102, 114, 115, 115(b), 120, 121, 128, 129, 130, 131, 137, 138, 150 and 163

Reported in : II(2005)ACC185; 2005ACJ191; AIR2004Guj370; (2004)3GLR2206

was applicable in the instant case, since the accident occurred prior to the coming into force of the Railways Act, 1989), the railway administration was bound to fix and display the maximum number of passengers that may be carried … he was liable to be punished with imprisonment for a term which may extend to two years, under Section 101 of the Act. The learned counsel argued that, under the General Rules framed under Section 47, certain precautions

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 … while dealing with Sections 82-A and 68 of the Railways Act, 1890 (old) observed thus :'Normally, under Sections 101 and 102 of the Evidence Act, the burden to prove such facts, on which the legal right or

Union of India (Uoi) Vs. Deenal

Court : Chennai

Subject : Civil

Acts : Railways Act, 1988 - Sections 129; Railway Accidents Claims Rules, 1989 - Rule 3

Reported in : I(2001)ACC108; AIR2000Mad360; 2000(2)CTC519

were framed under the corresponding provision of the Rule making power namely, under Section 129 of the Indian Railways Act. 1989 which replaced the 1890 Act. The new Railways Act 1989 came into force with effect from 1-7-1990 only.

Union of India (Uoi) Vs. Hari Narayan Gupta and anr.

Court : Rajasthan

Subject : Civil

Reported in : 2008ACJ822; AIR2007Raj38

the case is not covered under the definition of 'untoward incident' as given under Section 123(c) of the Railways Act, 1989 (henceforth to be referred to as 'the Act', for short).3. In order to prove their case, the claimants … was travelling ticketless and, hence, was not a bona fide passenger lies on the Railway Administration.12. Of course, Section 101 of the Evidence Act places the burden of proof on the person, who desires any Court to give

Mrs. Shanti Vs. Union of India

Court : Madhya Pradesh

Subject : Land Acquisition

The claimants i.e. wife, three daughters and one son have filed claim petition under Section 125 of the Railways Act, 1989 (hereinafter referred to as 'the Railways Act') seeking compensation for death of Rajesh aged 27 years doing job … the ticket to establish that he was a bona fide passenger, the burden lies on whom. As per Section 101 of the Evidence Act, the burden of proof places on a person whoever desires in any Court to

Union of India (Uoi), South Central Railways Vs. Kurukundu Balakrishna ...

Court : Andhra Pradesh

Subject : Civil

Acts : Railways Act, 1989 - Sections 123(1), 123(2) and 124A; Constitution of India - Article 141; Evidence Act, 1872

Reported in : II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100

was either injured or had died, was entitled to compensation from the Railways under Section 124-A of the Railways Act, 1989, (the Act) is the question that in substance arises for consideration in this reference. Incidentally whether wrongful, careless, … (MP), while dealing with Sections 82-A and 68 of the Railways Act, 1890, it was held:'Normally, under Sections 101 and 102 of the Evidence Act, the burden to prove such facts, on which the legal right or

Shah Jayantilal Jivraj and Co. Vs. the Union of India (Uoi) Owning Sou ...

Court : Chennai

Subject : Civil

Acts : Railways Act, 1989 - Sections 81, 82(1), 84 and 85; Railway Claims Tribunal Act, 1987 - Sections 21; Indian Railways Act, 1890 - Sections 54, 55 and 56A

Reported in : IV(2006)ACC236; 2006(3)CTC438; (2006)3MLJ99

either a Judicial Member or a Member (Technical). He would contend that as per Section 81 of the Railways Act 1989, where the consignment arrives in a damaged condition or shows signs of having been tampered with and the … concerned, the Judicial Member passed an order directing payment of Rs. 1,08,272/- as compensation for non delivery of 101 bundles of broom (i.e. 86 bundles damaged and 15 bundles missing). On this issue, the Member (Technical) has

Divisional Railway Manager, Eastern Railway and ors. Vs. Satyajit Maju ...

Court : Kolkata

Subject : ConstitutionService

Acts : Constitution of India - Articles 14, 16, 19 and 38; ;Railways Act, 1890 - Section 148(2); ;Railways (Amendment) Act, 1989 - Section 200; ;Administrative Tribunals Act, 1985 - Sections 3 and 28

Reported in : (1991)2CALLT214(HC)

preceding Indian Railway Act of 1890 was in operation, which has been repealed and replaced by the new Railways Act of 1989 with effect from 1st June, 1990. Section 200 of the Act of 1989, however, provides that … result of intoxication is likely to endanger the safety of any person travelling or being upon a railway. Section 101 provides for punishment of a railway servant who, while on duty, endangers the safety of any person by

Gurudayal Singh and Anr Vs. Union of India Through the General Manager ...

Court : Jharkhand

Subject : Education

it as untoward incident.9. Therefore, in this context, provisions, as contained in Sections 123(2) and 124A of the Railways Act, 1989 is applicable to the instant case, which reads as under: “123.(c) ”untoward incident” means- (1) (i)....... (ii)...... (iii)...... … M.A. No. 101 of 2013 [Against the judgment and order dated 27.02.2013, passed by Member … respondent waives service of Rule. Matter is taken up for Final Hearing.2. Present appeal has been filed under Section 23(1) of the Railway Claim Tribunal Act, 1987, being aggrieved and dissatisfied by the judgment and order dated