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State of MaharashtrA. Vs. Kamal Ahmed Mohammed Vakil Ansari and ors.
Supreme Court of India
Mar-14-2013
Constitution
Indian Penal Code (IPC), 1860 - 302, 307, 326, 427, 436, 20A, 120B, 123, 124, 34; ndian Explosives Act; Prevention of Damage to Public Property Act; Indian Railways Act, 1989 - Sections 151, 152, 153, 154; Unlawful Activities (Prevention) Act, 1967 - Sections 10, 13, 16, 17, 18, 19, 20, 40; Maharashtra Control of Organised Crime Act, 1999 - Sections 3(1)(i), 3(2), 3(4); Passports Act, 1967 - Section 12(1)(c); Indian Evidence Act, 1872 - Sections 6, 11, 5 to 16, 26, 30, 30(b), 31
the Prevention of Damage to Public Property Act, 1984, read with Sections 151, 152, 153, 154 of the Railways Act, 1989, read with Section 12(1)(c) of the Passports Act, 1967.3. The prosecution case (in Special Case No.21 of 2006)
Tag this Judgment! AI Brief & AskK. Kamalaveni, Minor Moorchika Rep., by Her Mother and Natural Guardia ...
Chennai
Jul-06-2004
Labour and Industrial
Workmen's Compensation Act, 1906 - Sections 2(1), 12, 12(1) and 12(2); Indian Railways Act, 1989 - Sections 2(34); Plantations Labour Act, 1951 - Sections 15
III(2004)ACC651; 2005ACJ443; (2004)IIILLJ682Mad; (2004)3MLJ468
trade or business) who is - (i) a railway servant as defined in section 2(34) of the Indian Railways Act, 1989 (24 of 1989), not permanently employed in any administrative, district or sub-divisional office of a railway and not … employer-employee. (ii) Compensation - whether 1st respondent-management mills liable to pay compensation as claimed by claimants - under Section 12 accident should occur in course of employer's trade or business to claim compensation - to attract Section 12
Tag this Judgment! AI Brief & AskMrs Shanti Devi Vs. Union of India Through General Manager East Centra ...
Jharkhand
Mar-09-2015
Land Acquisition
the learned Tribunal has committed an error while appreciating the provision as contained in Section 124-A of the Railways Act, 1989. Section 124-A of the Railway Act, 1989, provides as under: Sec. 124-A “Compensation on account of untoward incident.- When … Section 23(1) of the Railway Claims Tribunal Act being aggrieved and dissatisfied by the judgment and order dated 12.9.2012, passed by the learned Member/Technical, Railway Claims Tribunal, Ranchi Bench, in Case No.-OA(IIU) RNC/2007/0081 (Old No.OU-70081/07), filed under
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South Central Railway Vs. Suchi Singh and Others
Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Aug-24-2011
Land Acquisition
and other items in the theft that said to have taken place. By virtue of Section 2(32) of Railways Act, 1989 each zone of the railways has to be impleaded, and that complainant cannot claim deficiency in service on … of Rs. 2,000 8. Aggrieved by the said decision South Central Railway OP1 preferred the appeal F.A. No. 1211/2009 contending that the Dist. Forum did not appreciate either facts or law in correct perspective. Except issuing ticket
Tag this Judgment! AI Brief & AskMrinal Kanti Bose Vs. General Manager (Claims), N.F. Railways
Guwahati
Apr-24-2002
Civil
Railways Claims Tribunal Act, 1987 - Sections 13, 18 and 23; Railways Act, 1989 - Sections 2(32) and 107
Section 78 B of the Indian Railways Act, which stands repealed and replaced by Section 106 of the Railways Act, 1989. The claim application thus, contends Mr. Singh, had no valid foundation and was liable to be dismissed. Continuing … in not accepting delivery of the goods, when the respondent made the offer for delivery of the same. 12. Having heard both sides and upon perusal of records, I find that notwithstanding the fact that Mr. Nandi
Tag this Judgment! AI Brief & AskShameemunissa Vs. Union of India Owning Southern Railway
Chennai
Jan-09-2014
Land Acquisition
O.A.No.2009 00093 dismissing the claim application filed by the appellant herein claiming compensation under Section 124-A of the Railways Act, 1989 for the death of her son Aejaz Ebraheem. The appellant herein had preferred the claim application before the … 07.12.2009 made in O.A.No.2009 00093 dismissing the claim application filed by the appellant herein claiming compensation under Section 124-A of the Railways Act, 1989 for the death of her son Aejaz Ebraheem. The appellant herein had preferred
Tag this Judgment! AI Brief & AskA. Thanikachalam and Others Vs. The Union of India owning Southern Rai ...
Chennai
Jun-03-2016
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 … 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 of the Railway Claims Tribunal, Chennai Bench.) 1. C.M.A.No.3508 of 2008 has
Tag this Judgment! AI Brief & AskC.J. Thomas and anr. Vs. Union of India (Uoi)
Kerala
Dec-15-2008
Civil
Railways Act, 1989 - Sections 82A, 124 and 124A; Railway (Amendment) Act, 1994; Railway Claims Tribunal Act - Sections 13, 13(1), 13(IA), 15 and 24; Railways Rules
AIR2009Ker94; 2009(1)KLJ373
compensation of Rs. 1,00,000/-. While the suit was pending in that court, Section 124A was introduced in the Railways Act, 1989 (for short, 'the Act') by the Railway Amendment Act 28 of 1994 with effect from 1-8-1994. Section 13(IA) … had jurisdiction only to entertain application for compensation arising out of accident to trains. Applicants filed O.S. No. 12 of 1994 in the Sub Court, Quilandy on 30-3-1994 claiming compensation of Rs. 1,00,000/-. While the suit was
Tag this Judgment! AI Brief & AskMd. Waris Vs. Union of India (Uoi) Through Chief Project Manager Railw ...
Jharkhand
Mar-24-2006
Civil
Railways Act, 1989 - Sections 11; Indian Electricity Act, 1910 - Sections 12(3), 19, 28 and 51; Electricity (Supply) Act, 1948 - Sections 2(6) and 70; Land Acquisition Act
AIR2006Jhar116; [2006(3)JCR503(Jhr)]
V. Shivnath, learned senior counsel appearing on behalf of the petitioner, with reference to Section 11 of the Railways Act, 1989, submitted that the railways should have acquired the property of the petitioner under the Land Acquisition Act. In … inconvenience caused by him or by any one employed by him.(2) Save in the case provided for in Section 12, Sub-Section (3), where any difference or dispute arises as to the amount or the application of such compensation
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Vs. Hari Narayan Gupta and anr.
Rajasthan
Nov-15-2006
Civil
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 … for short) whereby the learned Tribunal has granted a compensation of Rs. 2,00,000/- along with an interest of 12% per annum to the claimants.2. Briefly, the facts of the case are that on 21-12-1994 one Devendra Kumar
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