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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

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, … petitioners to the respondents. The subject-matter, therefore, lies within the exclusive jurisdiction of the Railway Claims Tribunal under Section 13 of the Railway Claims Tribunal Act. 1987. Section 15 of the aforesaid Act bars the jurisdiction of other

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

Court : Madhya Pradesh

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 … raised by the Union of India about the jurisdiction of Civil Court to try the case based on Section 13 of the Railway Claims Tribunal Act, 1987. The 4th Addl. Sessions Judge, came to the conclusion on 18-9-1997

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 … Railway Claims Tribunal, Madras Bench is the appellant in the above appeal. The applicant filed an application under Section 13(1)(a)(i) of the Railway Claims Tribunal Act, 1987 claiming compensation of Rs.2,095/= from the respondent-Southern Railways. It is the

Smt. M. Chandravathi and anr. Vs. Union of India (Uoi)

Court : Karnataka

Subject : Civil

Acts : Railways Act, 1989 - Sections 124, 124A and 125; ;Indian Railways Act, 1890 - Sections 82A, 82A(2) and 82C; ;Railway Claims Tribunal Act, 1987 - Sections 13, 13(1), 13(1A), 13I, 16, 17(2), 24, 123, 124 and 124A; Limitation Act - Sections 5; ;Railway (Amendment) Act, 1994 - Sections 124(A); Indian Railways Rules; ;Punjab Pre-emption Act, 1913; Haryana Pre-emption (Amendment) Act, 1995 - Sections 15; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1); Industrial Disputes Act, 1947 - Sections 17B; Motor Vehicles Act, 1988 - Sections 140 and 217; Motor Vehicles (Amendment) Act, 1998; Motor Vehicles Act, 1939 - Sections 92A

Reported in : III(2005)ACC322; 2005ACJ1465; ILR2005KAR3671

Claims Tribunal rejecting the claim made by them seeking compensation under the provisions of Section 125 of the Railways Act, 1989, read with Section 123(c), 124 and 124(A) and Section 17(2) of the Railway Claims Tribunal Act, 1987.2. Relevant … rejected on the ground of bar of limitation.8. Elaborating the first contention Sri. Kedilaya rests his argument on Section 13 of the Railway Claims Tribunal Act, 1987, to seek support for the contention that the provisions contained in

State of MaharashtrA. Vs. Kamal Ahmed Mohammed Vakil Ansari and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : 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) … statement was made before the question in dispute was raised.(7) or in document relating to transaction mentioned in section 13, Clause (a). - When the statement is contained in any deed, will or other document which relates to

Union of India (Uoi) Vs. Satish Patidar and anr.

Court : Madhya Pradesh

Subject : Civil

Acts : Railways Act, 1989 - Sections 17, 123, 123C and 124A; Railways (Amendment) Act, 1994; Railways Claims Tribunal Act, 1987 - Sections 17 and 17(1)

Reported in : 2003ACJ2081; AIR2003MP205; 2003(4)MPLJ306

is barred by limitation. It was also contended by the Union of India that Section 124A of the Railways Act, 1989 (hereinafter referred to as the 'Act of 1989), providing for compensation on account of an untoward incident was … carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident. Section 13 of the Act of 1987 deals with jurisdiction, power and authority of Claims Tribunal, which reads as under

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 … any jurisdiction, powers or authority in relation to the matters referred to in Sub-section (1) and (1-A) of Section 13.Section 124-A of the Railways Act, 1989 reads as follows:124-A: COMPENSATION ON ACCOUNT OF UNTOWARD INCIDENTS: When in the

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 … any jurisdiction, powers or authority in relation to the matters referred to in Sub-section (1) and (1-A) of Section 13.Section 124A of the Railways Act, 1989 reads as follows:124. A: Compensation on Account of Untoward Incidents: When in

Union of India (Uoi) Vs. Mulko Bai

Court : Madhya Pradesh

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 … raised by the Union of India about the jurisdiction of Civil Court to try the case based on Section 13 of the Railway Claims Tribunal Act, 1987. The 4th Addl. Sessions Judge, came to the conclusion on 18.9.1997

The Union of India Owning Southern Railway. Vs. the Addl. Registrar, R ...

Court : Chennai

Subject : Criminal

Acts : Railways Act, 1989 - Section 123 (c)(2), 124-A, 2(29), 129; Code of Criminal Procedure(CrPC) - Section 174; Railway Rules 1990 - Rule 4, 124

accidental death, which is an 'untoward incident' as per Section 123 (c) (2) and Section 124-A of the Railways Act, 1989, respondents 2 and 3 as his dependents are entitled to the maximum compensation of Rs.4,00,000/-.7. According to Mr.T.S.Rajamohan, … running of trains, Railway Administration, claiming of compensation for death or other causalities in a train accident. Chapter XIII of the Act deals with the railway "accident" and 'untoward incident' and liability of Railway Administration for death