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Rajasthan State Electricity Board Vs. Union of India and ors.

Court : Mumbai

Subject : CivilLimitation

Acts : Constitution of India - Articles 32 and 226; Railway Act, 1989 - Sections 71, 82-A, 106, 106(3) and 124-A; Railway Claims Tribunal Act, 1987 - Sections 13, 13(1) and (1-A), 15, 16, 17, 17(2) and 23; Limitation Act, 1963 - Sections 17(1) - Schedule - Article 113; Code of Civil Procedure (CPC), 1908; Indian Railways Act, 1890 - Sections 78-B; Central Excise and Customs Laws (Amendment) Act, 1991; Central Excise Act, 1944; Central Excise Tariff Act, 1985; Customs Act, 1962; Customs Tariff Act

Reported in : 2002ACJ992; AIR2001Bom310; 2001(3)ALLMR400; 2001(4)BomCR239; (2001)4BOMLR725; 2001(3)MhLj479

submitted that the petitioners have also not served the notice with full particulars and details, as required by Section 106 of the Railways Act, 1989. The respondents further submitted that under Section 106 of the Railways Act, 1989, … writ petition for the reliefs prayed for, and must necessarily seek a remedy under the provisions of the Railways Act, 1989 for adjudication of such a claim for refund.2. The facts of the case, which are not in dispute,

Union of India (Uoi), by Its General Manager, Sc Railway Vs. Alapati V ...

Court : Andhra Pradesh

Subject : Civil

Acts : Railway Act, 1989 - Sections 77, 106, 106(1) and 106(2); Railway Administration Act - Sections 106

Reported in : 2006ACJ1014; 2004(4)ALD493; 2004(5)ALT500

to costs. Civil - non compliance of provision - Sections 77, 106, 106 (1) and 106 (2) of Railways Act, 1989 and Section 106 of Railway Administration Act - claimant purchased teak logs and entrusted to railway administration -

A.N. Srinivasaka Nadar and Sons Vs. Union of India (Uoi) Owning Southe ...

Court : Chennai

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 13(1); Railways Act, 1989 - Sections 65, 65(2) and 106

Reported in : (2004)2MLJ593

a claim for short delivery of three bags and shortage of 29 kgs under Section 106 of the Railways Act, 1989 on the respondent under the original of Ex.A2, which was repudiated by the respondent under Ex.A3 giving rise

Union of India (Uoi), Through General Manager, N.F. Railway Vs. Ruby I ...

Court : Patna

Subject : CivilCommercial

'OR 9800001 to OR 9800006 and OR 9800008 to OR 9800014.12. In the result, these appeals are allowed. Railways Act, 1989, Section 106 - Application for refund of freight over-charged--Claim application mentioning that notice under Section 106 was serviced on Railway

Union of India (Uoi) Vs. Bhala Brothers

Court : Patna

Subject : Civil

claim on the ground that the claim of the respondent was barred under Section 106 of the Indian Railways Act, 1989 inasmuch as no notice was served on the administration within six months from the date of said booking.5.

Food Corporation of India Vs. Union of India (Uoi) and anr.

Court : Mumbai

Subject : Civil

Acts : Railways Act, 1890 - Sections 78B, 82A and 82(2); Railways Act, 1989 - Sections 106; Code of Civil Procedure (CPC) - Sections 80 and 80(1); Railway Claims Tribunal Act, 1987 - Sections 13, 13(1), 13(2), 16, 18, 18(1), 18(3), 24, 24(1) and 24(2); Interest Act 1978 - Sections 3

Reported in : III(2006)ACC863; 2006(3)ALLMR518; 2006(5)BomCR372; 2006(3)MhLj804

Tribunal Act. Though compliance with the provisions of Section 78-B of the Indian Railways Act 1890, corresponding to Section 106 of the Railways Act, 1989 is mandatory and notice to the Railways would be necessary before institution of … as an application and not as a civil suit. It is further clear that the provisions of the Railways Act, 1989 and the Rules made thereunder are applicable for inquiring into or determining the claims by the Claims Tribunal

Union of India (Uoi) Vs. Aruna Machine Tools Super B-iii

Court : Andhra Pradesh

Subject : Civil

Acts : Railways Act, 1989 - Sections 2(33), 65, 74, 106, 106(1) and 107; Railway Claims Tribunal Act, 1987 - Sections 3 and 13(1); Code of Civil Procedure (CPC) , 1908 - Sections 19 and 20; Sale of Goods Act, 1930

Reported in : 2005(2)ALD356; 2005(2)ALT391

learned Tribunal came to the conclusion that the consignor issued a valid notice under Section 106 of the Railways Act, 1989 (the Act, for brevity), that the appellant herein is liable to pay the compensation for nondelivery of the

Shivashankar Textiles rep. by It's Proprietor Vs. the Union of India ( ...

Court : Chennai

Subject : CivilCommercial

Acts : Railways Act, 1989 - Sections 64, 64(1), 64(2), 65, 65(2), 103, 103(1), 103(2) and 106; Railway (Extent of Monetary Liability and Prescription of Percentage Charge) Rules, 1990 - Rule 3(1)

Reported in : III(2005)ACC831; 2005(3)CTC534

certificate (Ex.A.2). The applicant/appellant made a statutory claim by issuing a notice (Ex.A.4) under Section 106 of the Railways Act, 1989, claiming a sum of Rs. 22,896/-, being the value of short delivered goods. The Railways replied by Ex.A.7

Union of India (Uoi) and ors. Vs. Steel Authority of India Limited

Court : Orissa

Subject : ContractCivil

Acts : Railways Act, 1890 - Sections 27A, 76A and 78B; Railways Act, 1989 - Sections 106; Contract Act, 1872 - Sections 72; Limitation Act, 1963 - Article 55; ;Railways Claims Tribunal Act, 1987 - Sections 18 and 30; Railway Claims Tribunal (Procedure) Rules, 1989 - Rule 29

Reported in : AIR1997Ori77

mention that as the claim in question relates to a period prior to the enactment of the Indian Railways Act, 1989, reference is made to the provisions contained in the earlier Act of 1890.10. In terms of Section 28, … claimed by the respondent, was not a refund of an 'overcharge', it follows, that anotice under Section 78-B(Section 106 of the new Act) was not required to be served before filing the claim. The Tribunal was, therefore,

Bharat Kumar and anr. Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 93 and 106; Indian Railways Act, 1890 - Sections 73, 78 and 78(B); Code of Civil Procedure (CPC) - Sections 80

Reported in : III(2004)ACC810; AIR2005Raj124; RLW2004(4)Raj2074

has not arisen from a contract with the defendants. He referred the provisions of Section 93 of the Railways Act 1989 (Section 73 of the Indian Railways Act 1890) and contended that responsibility of the defendant railway administration to pay … Thus, this point is also decided in favour of the plaintiffs-appellants.THIRD POINTSection 78(B) of the Act 1890 and Section 106 of the Act 1989 are similar. According to these provisions before filing a claim of compensation, it is