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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 … the Kerala High Court in the case of Union of India v. Leelamma and others, AIR 2009 Kerala 134 reiterating the principle that the burden to establish that the deceased was not a bona fide passenger lies

Sarowari Devi Vs. Union of India

Court : Patna

Subject : Criminal

Tribunal, Patna Bench in Claim Application No. 0A9800102 by which the claim application filed under Section 125of the Railways Act, 1989 read with Section 16 of the Railway Claims Tribunal Act, 1987 has been dismissed on the ground that … a bonafide passenger to attend Murna of his nephew at Gangaghat but he fell down from Train No. 134 down (Dhuliyan) at Simaria Railway station on 11.2.1998 due to jostling by heavy rush of passenger. Soon thereafter

Bhola vs.union of India

Court : Delhi

Subject : Land Acquisition

Secunderabad v. V. Lakshmana Rao and others]. wherein, this Court held as follows:"As per Section 124-A of the Railways Act, 1989, a passenger to be treated as a bona fide passenger need not possess a valid ticket for the … the opinion that there is no just reason to discard the evidence of the Claimants." (vi) MANU/KE/0415/20 AIR2009Kerala 134 [Union of India v. Leelamma & Ors.]. wherein Kerala High Court, in paragraph No.9 held as follows:-""9. The

Rajeev Suri Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

v. Jalgaon 158 AIR1967SC295(para 10, 27, 60 and64) 159 (1969) 1 SCC325(paras 7 to 9, 11 and13) 160 1989 (2) Supp. SCC201(paras 8, 9 and13) 161 (2002) 3 SCC496(para10) 162 AIR1961SC1519163 AIR1991SC1216(paras 6 to10) 164 (supra at … SCC664(paras 226 to235) 133 (2010) 6 SCC303(para 34, 42 to 48 and52) 134 (2011) 7 SCC639(paras 36 and37) 135 (2007) 4 SCC737(para16) 136 (1994) 1 … Parliament commensurate with modern safety norms; and (xiv) To preserve the built heritage by not undertaking aggressive reconstruction activity on graded heritage structures on which only minimum renovation measures are permissible in law.9. Before we begin the … 229 d) Procedure during decision- 230-265 making process and Public Hearing under Section 11A e) Quasi Legislative Function 266-273 f) Post change in land use

Union of India Vs. Mahindra Sah and Others

Court : Patna

Subject : Service Tax

on the part of the Railway administration in terms of the provisions of section 97 of the Railway Act, 1989. On perusal of the forwarding note (Ext.B), it would appear that the aforesaid consignment was booked by the … February, 1979 against the Railway Receipt No.259712 dated 11.1.1979, however, the remaining 134 bags of maize were not delivered corresponding to Railway Receipt No.259711.The plaintiff … of the appeal are that the plaintiff booked two consignments with total 269 bags of maize at Khanna RailwayStation by the defendant-2nd party as per R.R. nos. 259711 dated 11.1.1979 and 259712 dated 11.1.1979 to be delivered

Union of India (Uoi) Vs. M. Thankaraj and Etc. Etc.

Court : Kerala

Subject : Civil

Acts : Railways Act, 1989 - Sections 124A, 126 and 129; General Clauses Act, 1897 - Sections 5, 22, 24 and 24A; Railways Accidents and Untoward Incidents (Compensation) Rules, 1990 - Rule 3(4); Railways Accidents and Untoward Incidents (Compensation) (Amendment) Rules, 1997; Code of Civil Procedure (CPC) , 1908 - Sections 34

Reported in : 2000ACJ651; AIR2000Ker91

Claims Tribunal, Ernakulam Bench granting compensation for death or personal injuries of passengers under the provisions of the Railways Act, 1989 read with Rules issued thereunder. Except M.F.A. No. 915/98 all the other appeals are at the Instance of … consider the common question of law and thereafter deal with the factual contentions raised in each case separately.2. Section 124 of the Railways Act, 1989 provides for liability of Railway administration for loss occasioned by the death … the Supreme Court in Maghar Singh v. Jashwant Singh (1998) 9 SCC 134, should be applied in the present case.6. In (1996) 2 Ker LT

Sri S Hareesh Vs. The State of Karnataka

Court : Karnataka

Subject : Land Acquisition

Bearing Areas Acquisition and Development Act, 1957 (20 of 1957).12. The Electricity Act, 2003 (36 of 2003).13. The Railways Act, 1989 (24 of 1989).” 52. Therefore, Parliament itself has listed the Central enactments to which 2013 Act does not … required provisions of the Land Acquisition Act is clear.” xxx xxx xxx 134. However, if the provisions of section 11-A of the Central Act were … DTD.15.07.1982 VIDE ANNEX-C AND FINAL NOTIFICATION DTD.16.08.1985 ISSUED BY R-1 VIDE ANNEX-D IS DEEMED TO HAVE LAPSED UNDER SECTION242) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 AND ETC.,

Union of India Vs. Sunita Devi and Ors.

Court : Delhi

Subject : Land Acquisition

amounting to an untoward incident within the meaning of Section 123 (c) read with Section 124A of the Railways Act, 1989. The respondents cannot seek to avoid their liability to pay compensation unless any of the exceptions contained in … Behar to Sadulpur is borne out by the letter of one Shri Dilip Kumar, Deputy Commandant of Squadron 134 of BSF addressed to the first applicant in response to a request and also a copy of the

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 … the respondents to prove the case and to show that the Dargah was the owner of plot No. 134. We are unable to accept this argument as correct. Even if the burden of proof does not lie

Jahangir Khan Vs. Union of India Judgement Given By: Hon'ble Shri Just ...

Court : Madhya Pradesh

Subject : Land Acquisition

counsel for the appellants invited my attention to the provisions of Section 123, 124-A and 154 of the Railways Act, 1989, and argued that if the definition of ‘untoward incident’ as is defined in section 123(C)(2) is taken note