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Suresh Kumar Agarwal Vs. Union of India (Uoi)

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1989 - Sections 64, 65, 73, 93, 102 and 110

and the relevant law on the subject. 7. Mr. Chakraborty relied on Sections 93 and 110 of the Railways Act, 1989 (hereinafter referred to as the said Act of 1989) whereas Mr. Banerjee relied on Sections 64, 65 and … that the damage has been caused due to improper loading or unloading by the consignor or the consignee. Section 110 puts the onus on the claimant to prove that he has sustained monetary loss because of alleged damage

National Insurance Co. Ltd. Rep. by Divl. Manager Vs. T. Lakshmi Devi ...

Court : Andhra Pradesh

Subject : Civil

Acts : Railways Claims Tribunal Act, 1987 - Sections 13, 13(1), 13(1A), 15 and 110(1); Railways Act, 1989 - Sections 82A and 124A; Motor Vehicles Act, 1988

Reported in : 2009(5)ALT468

shall also exercise, on and from the date of commencement of the provisions of Section 124-A of the Railways Act, 1989 (24 of 1989), all such jurisdiction, powers and authority as were exercisable immediately before that date by any … tlype of cases are concerned, it is the Claims Tribunal alone which can entertain such claims under Section 110(1) of the Act and can adjudicate upon the same and if ultimately it is found that motor vehicle

National Insurance Co. Ltd. Rep. by Its Divisional Manager Vs. B. Rudr ...

Court : Andhra Pradesh

Subject : Civil

Acts : Railways Claims Tribunal Act, 1987 - Sections 13, 13(1), 13(1A), 15 and 110(1); Railways Act, 1989 - Sections 82A and 124A; Motor Vehicles Act, 1988

Reported in : 2009(6)ALT272

shall also exercise, on and from the date of commencement of the provisions of Section 124-A of the Railways Act, 1989 (24 of 1989), all such jurisdiction, powers and authority as were exercisable immediately before that date by any … type of cases are concerned, it is the Claims Tribunal alone which can entertain such claims under Section 110(1) of the Act and can adjudicate upon the same and if ultimately it is found that motor vehicle

Union Of India Vs. M/s Indian Oil Corporation Ltd

Court : Supreme Court of India

Subject : Land Acquisition

ANALYSIS .............................................................................................. 22 i. Relevant Statutory Scheme and Provisions .............................................. 22 ii. Scope of Section 106 of the Railways Act, 1989 ........................................ 29 a. What is meant by an “Overcharge”?. ....................................................... 35 b. Concept of an ‘Overcharge’ and an … filed by the respondent herein (original appellant) and directed the railway administration to refund the difference of approx.. 110 km that was illegally levied towards the freight charges. A. FACTUAL MATRIX2 The respondent company herein had booked

Holu Ram Nishad and anr. Vs. Ishak Mohmmed and ors.

Court : Chhattisgarh

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 140, 165, 166 and 173

Reported in : 2005(2)MPHT1(CG)

the Tribunal and the High Court were right in holding that an award could be passed against the Railways if its negligence in relation to the same accident was also proved. We find that there has been … Union of India v. Bhimeswara Reddy, 1988 Ace CJ 660 : AIR 1989 AP 49, though the driver and owner were parties, the ultimate finding … the father and mother of deceased Shreedeh have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988, against the order dated 25-2-2003, passed by the learned Additional Motor Accident Claims Tribunal, Bemetara, District Durg … the 'use of motor vehicles'. This is further made clear from Section 110F of the Act which states that no Civil Court shall entertain any

Union of India Vs. Bhagwati Prasad and ors.

Court : Supreme Court of India

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Sections 110, 110(1), 110-A, 110-B and 110-C

Reported in : 2002ACJ721; AIR2002SC1301; 2002(3)ALD22(SC); 2002(2)ALLMR(SC)615; 2002(3)ALT1(SC); 2002(2)AWC1169(SC); [2002]110CompCas530(SC); (2002)3GLR1981; JT2002(3)SC10; 2002(2)KLT23(

finding the claim would go outof Section 110 of the Act because the case would becomeexclusive negligence of Railways and again if the accidenthad arisen only on account of the negligence of persons otherthan the driver/owner of … and not the negligent of the motor vehicle in question- Section 110 and 110A of the Motor Vehicles Act, 1989. - - Forsustaining such bodily injuries arising out of the accident,applications were filed claiming compensation under Section110-A of

Union of India (Uoi) Vs. Amira Traders

Court : Delhi

Subject : Civil

Acts : I.R.A - Sections 93, 98, 102, 106 and 110

Reported in : 114(2004)DLT302; 2004(77)DRJ135

to the goods was as a result of any default by the Railways. Counsel heavily relies upon the report of the Chief Principal Scientist of … no reason to interfere with the same. 6. FAO 313/1999 is dismissed. CM 7202/2004 also stands dismissed. Railway Act, 1989 - Sections 93, 98, 102 and 110--Appeal against award of Railway Claims Tribunal--Damage to consignment booked from the … has no locus standi to sue?1 Whether the respondents are protected U/s 93(f)(g) read with Sec.98, 102 and Section 110 of I.R.A?1 Whether the Tribunal has no jurisdiction to entertain the present application?1 Whether the notice service U/s

Sunderlal Vs. Commissioner of Customs (Prev.)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Subject : Service Tax

Reported in : (2003)(155)ELT143Tri(Kol.)kata

production of the relevant documents. My attention has been drawn to the provisions of Section 74 of the Railways Act, 1989. The Railways are not concerned with the person as to who is the actual consignor or consignee. They … which he can claim the goods from the Railways. Even otherwise, I find that the provisions of Section 110(2) of the Customs Act, 1962 provided for return of the seized goods to the person from whose possession,

Union of India (Uoi) and ors. Vs. Hiraram and ors.

Court : Rajasthan

Subject : Motor VehiclesCivil

Acts : Motor Vehicles Act, 1988 - Sections 173

Reported in : II(2003)ACC605; 2005ACJ1339; AIR2003Raj188; 2003(2)WLC669; 2003(1)WLN495

that it is settled legal proposition that where there is sole and exclusive negligence on the part of Railways in accident cases, the jurisdiction of the Motor Accidents Claims Tribunal is barred and in such eventuality, the … of the other parties/agencies, then on that finding, the claim would go out of Section 110(1) of the Act because the case would then become one of exclusive negligence of Railways. Again if the accident had arisen … appeal stands disposed of. Motor Vehicles Act, 1988 - Section 173--Railways Act, 1989--Section 161--Appeal against award given by MACT--Deceased died when jeep collided with train

Subbanna Shetty Vs. Sarojini

Court : Karnataka

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Sections 110; Tariff Regulations

Reported in : 1994ACJ457; ILR1993KAR3061; 1994(1)KarLJ131

of the third party nor any separate premium paid for that purpose to create such liability. - INDIAN RAILWAYS ACT (24 OF 1989) Sections 59 & 51(2): [P.D. Dinakaran, C.J. & K.L. Manjunath, J] Supply of tickets Petitioner … bear their own costs in this Appeal. MOTOR VEHICLES ACT, 1939 (Central Act No. 4 of 1939) - Section 110 : TARIFF REGULATIONS - Annexure 7 : Item 4 - Policy : no agreement regarding unlimited liability In