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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

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Jul 17 2008

Rajesh Anil and ors. Vs. State of Kerala and anr.

Court : Kerala

Decided on : Jul-17-2008

Subject : Criminal

Acts : Railways Act, 1989 - Sections 2(34), 137, 141 to 147, 150 to 157, 160 to 162, 164, 166, 168, 172 to 175, 179, 180D, 180E and 180F; Code of Criminal Procedure (CrPC) , 1974 - Sections 2, 167, 167(1), 190, 190(1), 192, 200, 202, 202(1), 202(2), 460, 461, 465, 465(2) and 482

Reported in : 2009CriLJ845

Matched in: Advocate V.V. Surendran and; P.A. Harish, Advs. Jai George, Public Prosecutor for Respondent No. 1 and; Alexander Thomas, S.C. for Railways for Respo

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Mar 25 2009

Bindu Vs. the State (Nct) of Delhi

Court : Delhi

Decided on : Mar-25-2009

Subject : Criminal

Acts : Railway Act, 1989 - Sections 137, 141 and 147; Evidence Act - Sections 118; Indian Penal Code (IPC) - Sections 201 and 302; Code of Criminal Procedure (CrPC) - Sections 313 and 428

Reported in : 2009CriLJ4582

beating and killed her and threw her dead body on the railway track.2. The investigating agency swung into action on receipt of information on 26.7.2005 on wireless at Police Post Kishan Ganj at about 2.05 P.M. from … sound all day and night and therefore she had committed offence under Sections 137/141/147 of the Railway Act, 1989.18. These arguments have no relevance to the facts and circumstances of the case. In this appeal the court … court was pleased to convict the appellant for the offence punishable under Section 302 Indian Penal Code (hereinafter referred to as 'IPC') as well as

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Dec 08 2003

Union of India (Uoi), South Central Railways Vs. Kurukundu Balakrishna ...

Court : Andhra Pradesh

Decided on : Dec-08-2003

Subject : Civil

Acts : Railways Act, 1989 - Sections 123(1), 123(2) and 124A; Constitution of India - Article 141; Evidence Act, 1872

Reported in : II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100

was either injured or had died, was entitled to compensation from the Railways under Section 124-A of the Railways Act, 1989, (the Act) is the question that in substance arises for consideration in this reference. Incidentally whether wrongful, careless, … and confirmation by the Supreme Court so as to constitute a law declared within the meaning of Article 141 of the Constitution.10. In another case the Railway Claims Tribunal, Secunderabad, in OAA No. 137/96 allowed the claim

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Aug 25 2005

Indian Airlines Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Aug-25-2005

Subject : Labour and Industrial

Acts : Air Corporations Act, 1953 - Sections 2, 7, 45 and 45(2); Industrial Employees (Standing Orders) Act, 1946 - Sections 5, 6 and 13B; Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 - Sections 8; Payment of Wages Act, 1936 - Sections 2; Payment of Wages (Amendment) Act, 1964; Land Acquisition Act, 1894; General Clauses Act - Sections 8; Factories Act, 1934; United Provinces Shops and Commercial Establishment Act, 1947; Coal Mines Provident Fund and Bonus Schemes Act, 1948; Indian Mines Act, 1923; Uttar Pradesh Sales Tax Act, 1948; Indian Railways Act, 1890; Railways Act, 1989; Prevention of Corruption Act, 1947; Constitution of India - Article 141; Indian Penal Code

Reported in : 2006(3)SLJ461(Delhi)

Court has held that the expression 'Railways' defined in U.P. Sales Tax Act, 1948 with reference to Indian Railways Act, 1890 has to be construed with reference to re-enacted Railways Act, 1989.21. In the three judgments mentioned above, … Supreme Court. A decision of the Supreme Court is binding under Article 141 of the Constitution of India. In view of the binding nature of … a corporation under the Air Corporations Act, 1953 (hereinafter referred to as the Air Act, for short).2. Under Section 45 of the Air Act, the petitioner had framed regulations relating to terms and conditions of service of

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Dec 21 2004

Union of India (Uoi) Rep. by General Manager South Eastern Railway Vs. ...

Court : Andhra Pradesh

Decided on : Dec-21-2004

Subject : Civil

Acts : Railways Act, 1890 - Sections 78B and 82A; Railways Claims Tribunal Act, 1987 - Sections 13, 13(1), 17 and 17(1)

Reported in : II(2005)ACC520; AIR2005AP184; 2005(2)ALD525; 2005(2)ALT127

shall also exercise, on and from the date of commencement of the provisions of Section 124A of the Railways Act, 1989 (24 of 1989), all such jurisdiction, powers and authority as were exercisable immediately before that date by any … 178 : (AIR 1949 Pat 347) (F.B.); Meghraj Hirjee and Co. v. B.N. Rly Ltd. AIR 1939 Nag. 141. Bearing in mind the object of the section it has also been held by several High Courts that

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Sep 19 2002

Union of India (Uoi) Vs. Rajkot Municipal Corporation

Court : Gujarat

Decided on : Sep-19-2002

Subject : Municipal Tax

Acts : Constitution of India - Article 285 and 285(1); Bombay Provincial Municipal Corporation Act, 1949 - Sections 127, 129, 130, 131 and 132; Bombay Provincial Municipal Corporation Rules - Rules 39, 40 and 45(1); ;Railways Act, 1890 - Sections 135, 135(1) and 135(4); Railways (Amendment) Act, 1989 - Sections 184(1) and 184(4)

Reported in : AIR2003Guj87; (2002)3GLR904

the property occupied by the railway is concerned, there was no notification issued under Section 184(1) of the Railways Act, 1989, which corresponded to Section 135(1) of the Act of 1890. According to the petitioner, there was also no … Central Government. 9.3 In Municipal Corporation of Greater Bombay v. Akbar S. Sarela, reported in AIR 1990 Bom. 141 (decided on 13th February 1959), a Division Bench of the Bombay High Court, in context of the provisions

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Dec 12 1995

Union of India (Uoi) Vs. India Cements Ltd.

Court : Kerala

Decided on : Dec-12-1995

Subject : Civil

Reported in : 1996ACJ959

claim of compensation under Section 78-B of the Indian Railways Act, 1890, corresponding to Section 106 of the Railways Act, 1989, was sent to the railway authorities on 6.1.1992. The appellant, however, states that it was received on 24.1.1992. … Shankar Mills Ltd. AIR 1949 Pat 347; Meghraj Hirjee & Co. v. B.N. Rly. Ltd. AIR 1939 Nagpur 141. Bearing in mind the object of the section it has also been held by several High Courts that

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Feb 21 2007

Union of India (Uoi) Vs. State of Assam and ors.

Court : Guwahati

Decided on : Feb-21-2007

Subject : Property

State Government to exercise its power under the Assam Act, he urged. Referring to Section 13 of the Railways Act 1989, Mr. Choudhury, argued that the land being vested in the State Government, as is evidenced by the revenue … General Manager, N.F. Railway, Maligaon, the decision of the Government in principle to take over the land measuring 141.37 Are (10B-2K-17 Ls) of Dag No. 355 (kha) -356 (kha), 991 (kha), 992 (kha), 993 (kha) and 1043

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Feb 16 2004

A.N. Srinivasaka Nadar and Sons Vs. Union of India (Uoi) Owning Southe ...

Court : Chennai

Decided on : Feb-16-2004

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 … Act, 1987 claiming compensation of Rs.2,095/= from the respondent-Southern Railways. It is the case of the petitioner that 141 bags of gram were sent from Bina to Royapuram under railway risk under the railway receipt, Ex.B1. On

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