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Raj Pal Goel and anr. Vs. Union of India

Court : Delhi

Subject : Land Acquisition

and thus the same can surely be disbelieved.6. Learned counsel for the appellant sought to press reliance upon Section 156 of the Railways Act, 1989 for the benefit of the appellant by claiming that since Section 156 of … the present case do not show any untoward incident as per Section 123(c) and Section 124A of the Railways Act, 1989 because the deceased was travelling on the roof of the train. Travelling on roof of the train therefore

Sudhira Mondal Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Section 18; ; Railways Act, 1989 - Section 129; ; Railway Accidents and Untoward Incidents (Compensation) Rules, 1990; ; Railway Accidents and Untoward Incidents (Compensation) (Amendment) Rules, 1997

Reported in : 2005ACJ1457,AIR2004Cal270

Rly accident can claim compensation or not.Under the provisions contained in Sec, 156 of the Railways Act, 1989, travelling on roof, step or engine of … facts and law are involved. In both the cases compensation has been claimed under Sec. 124 of the Railways Act 1989 for alleged death of the Rly. passengers in a Rly. accident.Admittedly on 25-11-1995, C-252 Dn Bardhaman-Howrah (Chord) Local … Jayanta Kumar Biswas, J.1. This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'the Act'). The appellant, who was

Union of India (Uoi) Through the General Manager, Northern Railways Vs ...

Court : Allahabad

Subject : Civil

Acts : Railways Act, 1989 - Sections 156

Reported in : III(2005)ACC175; 2005ACJ823

down from the roof of the compartment and got himself injured, which is a criminal act punishable under Section 156 of the Railways Act and this incident is not covered within the definition of 'untoward incident'. It may … a document. Under these circumstances, the respondent himself was negligent and was liable to be prosecuted under the Railways Act and the Railways as such is not liable to pay compensation.8. We have considered this argument of the

Union of India Owning Southern Railways Vs. A.Subburayan

Court : Chennai

Subject : Land Acquisition

therefore the alleged falling down is totally false and concocted.17. Further, the learned counsel has argued that under Section 156 of the Railways Act, 1989, any passenger or any other person travelling on the roof or step or … authority. Therefore, the deceased was not a bona fide passenger within the meaning of Section 2(29) of the Railways Act, 1989 and hence he prayed to dismiss the application.6. On considering the averments of both sides, the Tribunal had

Anil Kumar Gupta Vs. Union of India and Ors.

Court : Supreme Court of India

Subject : Land Acquisition

with those persons who travelled on the roofs of coaches in violation of Section 156 of the Indian Railways Act, 1989.” In Chapter 8 titled “Conclusions” it was stated in the Report as under:- “8.1 Cause of the accident:8.

Shobha Wd/O Suresh Wankhede and ors. Vs. Union of India (Uoi)

Court : Mumbai

Subject : Civil

Acts : Railways Act, 1989 - Sections 123, 124, 124A, 128 and 128(1); Workmen's Compensation Act, 1923; Railways (Amendment) Act, 1994

Reported in : 2003ACJ569; 2002(4)MhLj349

Appeal, it would be necessary at the outset to refer to the provisions of Section 124 of the Railways Act, 1989. Section 124A provides as follows :'124A. Compensation on account of untoward incident.--When in the course of working a railway … without an order from the Magistrate. Thus, there appears to be no reason why on the strength of Section 156(3) of the Code, any restriction should be read into the power specifically granted by the legislature to the

Union of India (Uoi) Through General Manager, North Central Railway Vs ...

Court : Allahabad

Subject : Civil

Reported in : III(2006)ACC596; 2007ACJ985

reference to Section 82-A of the old Railways Act, whereas the said Act has been substituted by the Railways Act, 1989 and the new provisions in Section 123(c)(2) have been introduced. Learned Counsel has also referred to the case … the safety of other passengers and her this act amounted to an offence punishable under Sections 153 and 156 of the Railways Act.7. Learned Counsel has referred to the case of Union of India v. Sunil Kumar

Union of India (Uoi) Vs. Roop Narayan and Etc.

Court : Rajasthan

Subject : Civil

Acts : Railways Act, 1989 - Sections 64 and 65; Evidence Act, 1872 - Sections 17 and 114

Reported in : 1999ACJ413; AIR1997Raj123

to be paid since the claims had fallen within the exception Clause (f) of Section 93 of the Railways Act 1989 as it was owing to the omission or negligence on the part of the consignor that the goods … v. Nandini Satpathy, AIR 1975 Orissa 184. (vii) State of M. P. v. Sardarmal, AIR 1987 Madh Pra 156. (viii) Sobharam v. U. O. I., AIR 1970 Patna 182. (ix) India Wire Products v. U.O.I., (1990) 2

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

Court : Andhra Pradesh

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, … why and under what circumstances 'accidental falling' may occur. The Counsel also had explained the language employed in Section 156 of the Act and had commented that all the prohibitions imposed by the statutory provisions may not fall

Jayan and Another Vs. Union of India, Owing Southern Railway

Court : Kerala

Subject : Land Acquisition

Jithu died as a result of the untoward incident within the meaning of Section 124 A of the Railways Act, 1989 (hereinafter referred to as the `Act'). The respondents filed counter M.F.A.(RCT) No.91 of 2010 -2- affidavit. They have … not amount to criminal act within the meaning of clause (c). In this context, we may advert to Section 156 of the Act. Section 156 of the Act reads as follows: M.F.A.(RCT) No.91 of 2010 -10- "156.Travelling on