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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, … 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 Courts and authorities to exercise Jurisdiction in matters mentioned

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 … of untoward incident, or workmen of the railways under Section 124-A of the Railways Act were barred under Section 15 of the Railways Claims Tribunal Act, according to which, no Court or authority shall have jurisdiction to entertain

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 … of untoward incident or workmen of the railways under Section 124-A of the Railways Act were barred under Section 15 of the Railways Claims Tribunal Act, according to which, no Court or authority shall have jurisdiction to entertain

K. Kamalaveni, Minor Moorchika Rep., by Her Mother and Natural Guardia ...

Court : Chennai

Subject : Labour and Industrial

Acts : 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

Reported in : 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 that the construction of cooli-lines in the estate is not part of the business of the principal. Section 15 of the Plantations Labour Act, 1951 obliges every employer to provide and maintain for every worker and his

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 … Chennai v. G.Jayalakshmi and others, 2012 (3) CTC 741, while considering an identical issue, has held as follows:- 15. This Court in similar circumstances in the case of S.Poonkodi and others v. The Union of India, Southern

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 … (Supra) a constitution bench of the Apex Court dealing with Punjab Pre-emption Act, (1 of 1913), while interpreting Section 15, as substituted by Haryana Amendment Act, 1995 which vests right of pre-emption in tenant has held that the

Union of India (Uoi), Rep. by Divisional Railway Manager (Commercial) ...

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 1(6), 2, 3, 4, 5, 6, 7 to 13, 15, 15(1), 15(2) and 15(3); Payment of Wages (Amendment) Act, 1999; Minimum Wages Act, 1948 - Sections 2, 15 and 22F(1); Railways Act, 1989 - Sections 2(20) and 2(32); Limitation Act, 1963 - Sections 5; Andhra Pradesh Minimum Wages Rules, 1960 - Rule 28; Payment of Wages (Procedure) Rules, 1937 - Rule 8, 8(2) and 8(3); Constitution of India - Articles 226, 300 and 300(1); Code of Civil Procedure (CPC) , 1908 - Sections 11, 79 and 80

Reported in : 2008(5)ALT260

India renders proceedings initiated by and orders passed in favour of the respondents invalid23. Section 2(20) of the Railways Act, 1989 defined Government railway as a railway owned by the Central Government. Under Section 2(32), Railway Administration in respect … respondents in the writ petition (railway porters at Eluru Railway Station) are employed persons within the meaning of Section 15(2) of the Payment of Wages Act?2. If so, whether they are entitled to maintain an application under Section

Rathi Menon Vs. Union of India

Court : Supreme Court of India

Subject : Motor Vehicles

Acts : Railways Act, 1989 - Sections 19, 123, 124A, 126 and 129; Railway (Amendment) Act, 1994; Railway Accident Compensation Rules 1990 - Rule 3 (1); Workmen's Compensation Act, 1923 - Sections 4

Reported in : I(2001)ACC453; 2001ACJ721; AIR2001SC1333; JT2001(3)SC457; 2001(2)KLT12(SC); (2001)3MLJ1(SC); 2001(2)SCALE432; (2001)3SCC714; [2001]2SCR365; 2001(2)LC1053(SC)

her by the Claims Tribunal. 13. Appellant's claim for the compensation was based on Section 124A of the Railways Act 1989 (for short 'the Act'). The said Section itself was introduced as per Railway (Amendment) Act 28 of 1994. … the statutory rules. However the Claims Tribunal directed interest to accrue on the amount at the rate of 15% per annum from 'the date of default'.8. The Railways Department, mindless as it was, dragged the helpless lady

Union of India Through the Gen. Manager Vs. M/S. Laxmi Vishnu Textile ...

Court : Mumbai

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 13 and 15; Railways Act, 1989 - Sections 82A and 124A; Constitution of India - Article 227

Reported in : II(2001)ACC1; I(2002)ACC171; 2002ACJ171; 2001(2)ALLMR587; 2001(3)BomCR35; (2001)2BOMLR350; 2001(2)MhLj381

shall also exercise, on and from the date of commencement of the provisions of Section 124A of the Railways Act. 1989, all such jurisdiction, powers and authority as were exercisable immediately before that date by any Civil Court in … of jurisdiction of the Civil Court to entertain the suit, as filed, notwithstanding the express bar contained in section 15 of the Railway Claims Tribunal Act, 1987.3. Briefly stated the respondent No. 1-plaintiff instituted a suit against the

Lakshami Bai vs Union of India

Court : Delhi

Subject : Land Acquisition

the death of the deceased occurred in an “untoward incident” within the meaning of Section 123(c) of the Railways Act, 1989 (hereinafter referred to as “the Act”).3. The brief facts of the case, as borne out from the claim … present appeal has been filed under Section 23 of the RailwayClaims Tribunal Act, 1987, against the judgment dated 15.07.2022, passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as the “Tribunal”) in Claim Application