Advanced Search Results

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 … all was right for the train to proceed, as provided under Rules 114 and 115. He submitted that, under Rule 163, it was duty of … chaos and passengers were 'fighting their best to get into the train'. The passengers were sitting on joining sections between the two compartments and some were sitting even on outer part of the windows of the compartments

Bandana Mondal Vs. Union of India (Uoi) Through the General Manager

Court : Kolkata

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Section 16; ;Railways Amending Act, 1994 - Section 124A; ;Evidence Act - Sections 106 and 114; ;Railways Act, 1989 - Section 124A; ;Railway Accidents and Untoward (Incidents) Compensation Rules, 1990; ;Code of Criminal Procedure (CrPC) - Section 174

that the case comes within any of the instances specified in the proviso to Section 124A of the Railways Act, 1989.15. Once we find that it is a case of death and comes within the purview of 'untoward … inference against a party withholding evidence in his possession. Such a rule is inconsistent with illustration (g) of Section 114 of the Evidence Act, and also an impressive body of authority. 12. Even in the subsequent case of

Kalpataru Agroforest Enterprises Vs. Union of India

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 114 - Order XLVII, Rule 1; Railway Claims Tribunal Act, 1987 - Sections 16, 18(1), 18(3) and 23; Railway Claims Tribunal (Procedure) Rules, 1989 - Rule 32

Reported in : I(2002)ACC680; 2002ACJ680; AIR2002SC1402; 2002(3)ALD1(SC); 2002(2)ALLMR(SC)926; 2002(3)ALT38(SC); JT2002(3)SC16; 2002(3)MhLj1; 2002(4)MPHT103; 2002MPLJ515(SC); 2002(2)SCALE

refer to thefacts in appeal arising out of SLP (C) No. 4413/2001. The appellanttransported bamboo chips through Indian Railways to different millsin India. It is alleged that higher freight was paid by it to the Railwayson the … the CPC. Here, itwould be apt to refer to the provisions of the CPC dealing with thereview - Section 114 and Order XLVII, Rule 1 of the Civil ProcedureCode.10. Section 114 is in the following terms:-'114. Review -- … 16 of the Railway Claims TribunalAct, 1987 (hereinafter referred to as 'the Act'). The Tribunaldismissed the refund claim on December 10, 1997. The appellantfiled a … maintainable in view ofRule 32 of the Railway Claims Tribunal (Procedure) Rules, 1989(hereinafter referred to as 'the Rules') so no relief could be granted tothe

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 … Act, the Central Government had no power to appoint any Committee in exercise of the powers under Sections 114 and 115 or any other provisions of the Railways Act.(iii) Justice Nanavati Commission had collected voluminous evidence and

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 … result of accident in a railway carriage, in which he was traveling, a presumption may be drawn under Section 114 of the Evidence Act keeping in view of the prohibition under Section 68 of the Act against boarding

Sandha Ghosh Vs. Union of India (Uoi)

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1989 - Sections 2(29), 55, 68,123 and 124A; ;Indian Penal Code (IPC) - Section 302

Reported in : 2004(1)CHN696

in his reply submitted that having regard to the object and scope of such beneficial legislation i.e. The Railways Act, 1989, the strict rule of interpretation cannot have any application whatsoever.14. There can be no dispute as to the … result of accident in a railway carriage, in which he was travelling, a presumption may be drawn under Section 114 of the Evidence Act keeping in view of the prohibition under Section 68 of the Act against boarding

A. Thanikachalam and Others Vs. The Union of India owning Southern Rai ...

Court : Chennai

Subject : Land Acquisition

Civil Miscellaneous Appeals under Section 23(1) of the Railway Claims Tribunal Act, 1987 read with Section 16 of Railways Act, 1989, against the orders dated 10.09.2008 and 29.4.2008 made in O.A.Nos.51 and 121 of 2006 respectively on the file … adduce evidence that both the deceased were travelling without a ticket, a presumption has to be drawn under Section 114 of the Evidence Act, keeping in view of the prohibition under Section 68 of the Act against boarding

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 … proved. Moreover, non-examination of witness by the railway administration would lead to adverse inference against it under Section 114(g) of the Indian Evidence Act. Since the railway administration did not examine any witness nor has cross-examined the

Union of India (Uoi) Vs. Soram Bai and ors.

Court : Rajasthan

Subject : InsuranceMotor Vehicles

Reported in : 1(1998)ACC529

appeal are whether the respondents are dependents of the deceased Lal Singh Nath under Section 123 of the Railways Act, 1989 and whether the deceased was a bona fide passenger ?2. These questions have emerged in the following circumstances:(i) … result of accident in a Railway carriage, in which he was travelling, a presumption may be drawn under Section 114 of the Evidence Act keeping in view of the prohibition under Section 68 of the Railways Act against

Union of India (Uoi) Vs. Roop Narayan and Etc.

Court : Rajasthan

Subject : Civil

Acts : Railways Act, 1989 - Sections 64 and 65; Evidence Act, 1872 - Sections 17 and 114

Reported in : 1999ACJ413; AIR1997Raj123

to be paid since the claims had fallen within the exception Clause (f) of Section 93 of the Railways Act 1989 as it was owing to the omission or negligence on the part of the consignor that the goods