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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

Smt. Hussain Bee @ Fatima vs Union of India

Court : Karnataka

catena of decisions has erroneously dismissed the claim petition. He argued with reference to various provisions of the Railways Act, 1989 and the Railway Claims Tribunal Act, 1987 along with -9- the Railway Passengers (Manner of Investigation of Untoward … On the other hand, learned counsel for the respondent-Union of India justified the dismissal of the claim petition.12. Section 124A of Railways Act stipulates regarding compensation on account of untoward incident, which reads as under: “124A. Compensation … BY APPELLANT NO.1. ALL ARE RESIDING AT MALLAT VILLAGE, TQ.MANVI, AZADNAGAR, RAICHUR-584 101. ...APPELLANTS (BY SRI. S.J. SANGHVI, ADVOCATE) AND: UNION OF INDIA REP BY

Chandrappa @ Chandru vs Union of India

Court : Karnataka

BENCH, BANGALORE, DISMISSING THE APPLICATIONFILED UNDER SECTION 16 OF THE RAILWAY CLAIMS TRIBUNAL ACT,1987, R/W SECTION 124-A OF RAILWAYS ACT, 1989. THIS APPEAL HAVING BEEN HEARD AND RESERVED FORJUDGMENT AND COMING ON FOR PRONOUNCEMENT OF JUDGMENTTHIS DAY, THE COURT … 96 and the judgements of Delhi High Court in Gurcharan Singh v. Union of India,2014 SCC OnLine Del 101 Andhra Pradesh High Court in Jetty Naga Lakshmi Parvathi vs. Union of India, 2011 SCC OnLine AP 828

Smt Yellamma vs Union of India

Court : Karnataka

the injuries sustained on account of his criminal act, which comes under proviso (c) of Section 124A of Railways Act, 1989.3. Learned counsel for the appellants/applicantssubmitted that the deceased was a bonafide passenger, since he has travelled after purchasing … the judgements of Delhi High Court in Gurcharan Singh v. Union of India,2014 scc OnLine Del- 26 - 101 Andhra Pradesh High Court in Jetty Naga Lakshmi Parvathi vs. Union of India, 2011 SCC OnLine AP 828