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May 16 2001

Union of India (Uoi) Vs. Smt. Mulko Bai

Court : Madhya Pradesh

Decided on : May-16-2001

Subject : Civil

Acts : Railway Act, 1989 - Sections 124-A; Railway (Amendment) Act, 1994; Railways Claims Tribunal Act, 1987 - Sections 13, 13(1A), 24 and 30; Railway Accident and untoward Incident (Compensation) Rules, 1990 - Rule 115

Reported in : 2003ACJ1187; AIR2002MP22; 2002(1)MPLJ407

He has further submitted that on the date of the accident which is 17-5-1991 Section 124A of the Railways Act, 1989 was not on book of statute it was subsequently inserted in the Act with effect from 1994 by … Act for the guidance of railway servants with respect to all open lines of railways in India. Rule 115 provides that the guard in charge of a train shall not give the signal for starting the train

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Jun 25 2004

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

Court : Gujarat

Decided on : Jun-25-2004

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 … right for the train to proceed, as provided under Rules 114 and 115. He submitted that, under Rule 163, it was duty of every railway … 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

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Aug 29 2003

Union of India (Uoi), Rep. by Its Secretary, Railway Board and ors. Vs ...

Court : Karnataka

Decided on : Aug-29-2003

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 3, 9, 115 and 115(1); Motor Vehicles Act, 1988; The Karnataka Education Act, 1983; Railway Claims Tribunal Act, 1987; Karnataka Private Education (Discipline and Control) Act, 1975

Reported in : 2003ACJ1871; AIR2004Kant1; ILR2003KAR4155

Education Act, 1983, and the Railways claims Tribunals Act, Courts subordinate to the High Court for purpose of Section 115 of the Code of Civil Procedure?Held(D) Railways Claims Tribunal is not an ordinary course of Civil Judicature but

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Sep 11 1992

Selvi Travels and Etc. Vs. Union of India and Another

Court : Chennai

Decided on : Sep-11-1992

Subject : Constitution

Acts : Passports Act, 1967 - Sections 5, 7, 8, 9, 10, 12 and 24; Constitution of India - Articles 4, 14 and 32; Evidence Act, 1872 - Sections 115; Indian Railways Act, 1989 - Sections 47 and 66

Reported in : AIR1993Mad216

32 of Constitution of India, Section 115 of Evidence Act, 1872 and Sections 47 and 66 of Indian Railways Act, 1989 - petition for quashing Circular dated 24.07.192 - in present case licence had been issued by Government to

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May 16 2001

Union of India (Uoi) Vs. Mulko Bai

Court : Madhya Pradesh

Decided on : May-16-2001

Subject : InsuranceMotor Vehicles

Reported in : III(2003)ACC743

nullity. He has further submitted that on the date of the accident which is 17.5.1991, Section 124A of Railways Act, 1989 was not on book of statute and was subsequently inserted in the Act with effect from 1994 by … Act for the guidance of railway servants with respect to all open lines of Railways in India. Rule 115 provides that the guard incharge of a train shall not give the signal for starting the train from

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Mar 20 2006

Union of India (Uoi) Vs. Nilkanth Tulsidas Bhatia and 7 ors.

Court : Gujarat

Decided on : Mar-20-2006

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 … 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 is still

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Sep 22 2001

Union of India Vs. Sanjay

Court : Madhya Pradesh

Decided on : Sep-22-2001

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 123, 124-A, 154, 159 and 175; Indian Railways (Amendment) Act, 1994; Indian Railways Rules - Rules 115, 120, 130 and 131

Reported in : 2003ACJ1349; 2001(4)MPHT496

Tribunal has found that the case is that of accidental death as defined in Section 123(c)(2) of the Railways Act, 1989, and the Railway has failed to prove any exceptions or grounds of defence available to them as provided … Act for the guidance of railway servants with respect to all open lines of railways in India. Rule 115 provides that the guard in charge of a train shall not give the signal for starting the train

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Aug 03 1999

Raghu Forwarding Agency and anr. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Decided on : Aug-03-1999

Subject : Civil

Acts : Railways Act, 1989 - Sections 73, 78 and 79; Constitution of India - Articles 14 and 226; Evidence Act, 1872 - Sections 115

Enterprises, (1997) 2 Gauhati LT 257, in which it was held that the rights and obligations between the Railways and its customers were governed by the terms and conditions of the contract between the parties and that … basis of the said weighment could not be levied on the petitioners under Section 73 of the Railway Act, 1989, (for short, 'the Act 1989'). In support of the aforesaid submission, Mr. Ghose and Mr. Sahewalla cited the

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Jul 26 2013

Union of India Vs. Nalini R.

Court : Kerala

Decided on : Jul-26-2013

Subject : Land Acquisition

that the Railway is not liable to pay compensation as per the proviso to Section 124A of the Railways Act, 1989.3. We heard Sri. John Mathew, learned counsel appearing for the appellant and Sri. Martin G.Thottan, learned counsel … MR.JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY,THE 26TH DAY OF JULY 2013 4TH SRAVANA, 1935 MFA.No. 115 of 2011 ( ) ------------------------ OA. (LLU)/ERS/2009/0180 OF RAILWAY CLAIMS TRIBUNAL, ERNAKULAM BENCH APPELLANT(S)/RESPONDENT: ---------------------------------------------- UNION OF INDIA,

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Feb 06 2004

Union of India (Uoi) by Its General Manager, S.C. Railway Vs. S. Rekha ...

Court : Andhra Pradesh

Decided on : Feb-06-2004

Subject : Civil

Acts : Railway Act, 1989 - Sections 123 and 124A

Reported in : II(2004)ACC780; 2005ACJ535; 2004(3)ALT49

was further stated that the accident is an 'untoward incident' within the meaning of Section 124-A of the Railways Act, 1989, (for short, 'the Act') and as such sought for compensation of Rs. 4 lakhs. The claim of the … Ghulam Mohammed, J.1. This appeal is filed against the order dated 21-4-1998 passed in OAA No. 115 of 1997 by the Railway Claims Tribunal, Secunderabad Bench, Secunderabad.2. The applicants-respondents herein filed OAA No. 115 of

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