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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, … person seeking any such relief must file an application before the Railway Claims Tribunal under the provision of Section 16 of the aforesaid Act of 1987, and the Petitioners cannot invoke the writ jurisdiction for such a relief,

TahazhaThe Purayil Sarabi and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Civil

Acts : Railways Act, 1989 - Sections 123, 123(2), 124, 124A and 127; Motor Vehicles Act, 1988 - Sections 166; Code of Civil Procedure (CPC) , 1908 - Sections 34 - Order 11, Rule 2; Interest Act, 1978 - Sections 3; Railway Claims Tribunal Act, 1987 - Sections 16; Negotiable Instruments Act, 1881; Banking Companies (Acquisition and Transfer of Undertakings) Act 1970; Arbitration Act, 1940 - Sections 9; Indian Penal Code (IPC) - Sections 392

Reported in : 2009ACJ2444; AIR2009SC3098; 2009(4)AWC3171(SC); JT2009(8)SC515; 2009(8)SCALE545; (2009)7SCC372; 2009AIRSCW4984

Act, 1987, nor the Railways Act, 1989, make provision for payment of interest on any awarded amount. While Section 16 of the 1987 Act prescribes the procedure for making an application to the Claims Tribunal, the right to … order dated 26th March, 2007, allowed the application in part and in terms of Section 123(c) of the Railways Act, 1989, directed the Union of India and its authorities to pay to the appellants herein compensation of Rs. 4

Sisupalan K. Vallikalayil and Another Vs. Union of India

Court : Mumbai Nagpur

Subject : Land Acquisition

to be paid by the Tribunal is towards no fault liability, as contemplated under Section 124-A of the Railways Act, 1989, and that does not prevent the claimants from claiming the compensation over and above Rs.4,00,000/-by establishing that it … Bonde v. State of Maharashtra, reported in 1991(1) Mh.L.J. 823, urging that this is an order passed under Section 16(1) of the Railways Claims Tribunal Act, which is an "award" within the meaning of Article 3 under Schedule

Shree Shyam Agency. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Railways

Acts : Railway Claims Tribunal Act, 1987 - Sections 16, 82A; Railways Act, 1989 - Sections 124A, 61, 62, 87(2); Indian Evidence Act, 1872 - Sections 123,124; General Clauses Act, 1897 - Section 22; Railways (Manner of Delivery of Consignments AND Sale Proceeds in the Absence of Railway Receipt), Rules, 1990

Reported in : (2013)1SCC283

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 … appellant is legally entitled to be intervened in a claim petition filed by the 3rd respondent herein under Section 16 of the Railway Claims Tribunal Act, 1987 (for short 'Tribunal Act').3. The claim petition OA No. (1) 2

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) … Badruddin Shaikh and Ansar Ahmad Badshah’, in Special Case no.4 of 2009, had made these confessional statements under Section 16 of the MCOCA. The confessional statement of Sadiq Israr Shaikh was recorded by Vishwas Nangre Patil, Deputy Commissioner

Rajammal (deceased) and Others Vs. The District Collector, Salem and A ...

Court : Chennai

Subject : Land Acquisition

is closed. Code of Civil Procedure, 1908 Section 80, Section 100 Land Acquisition Act, 1894 - Section 16 Railways Act, 1989 Section 16 Suit for declaration and mandatory injunction Plaintiff filed suit for declaration and Permanent injunction Trial Court dismissed suit

Union of India (Uoi) Vs. M. Siva Parvati and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 16, 82A, 123, 124A and 125; Railway Claims Tribunal Act, 1989 - Sections 23

Reported in : 2009ACJ454; AIR2008AP145; 2008(3)ALD347; 2008(3)ALT829

under the application of R1 to R3 filed under Section 16 r/w 124(A) and 125 of the Indian Railways Act, 1989 came to be allowed granting compensation of Rs. 4.00 lakhs.2. Background facts of the case in a nutshell

Smt. S. Devamma @ Devi Bai W/O Samya Naik and Thriveni D/O Samya Naik ...

Court : Karnataka

Subject : Civil

Acts : Railway Claims Tribunal Act, 1989 - Sections 16, 123, 124 and 124A; Railway Act, 1989 - Sections 123 and 124A; Railway (Amendment) Act

Reported in : 2009ACJ2427; ILR2009KAR472; 2009(2)KarLJ683:2009(1)KCCR268:2009(3)AIRKarR102:AIR2009NOC780

case on hand, the untoward accident was of the year 2001 i.e. subsequent to the amendment of the Railways Act, 1989. At the time of accident, the claimants were entitled for compensation of Rs. 4,00,000/- and death was due … of filing the application.2. An application was filed by the mother and sister of the deceased as per Section 16 of the Railway Claims Tribunal Act, 1989 (for short 'the Act') seeking to award compensation of Rs. 4,00,000/-,

M.P. Mahanteshwari and Others Vs. Union of India

Court : Karnataka

Subject : Land Acquisition

A.N. VENUGOPALA GOWDA, J: 1. Appellants filed a claim petition under Section 16 of the Railways Act, 1989 (for short ‘the Act’) before the Railway Claims Tribunal, Bangalore Bench, (hereinafter referred to as ‘the Tribunal’) being

Union of India (Uoi) Vs. Pulluswamy Karupuswamy

Court : Andhra Pradesh

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 16, 18 and 23; Railways Act, 1989 - Sections 124A and 125; Railway Accidents and Untoward Incidents (Compensation) Rules, 1990

Reported in : 2009ACJ280; 2007(6)ALT72

Matched in: Advocate B.H.R. Chowdary, SC for Railways A.K. Kishore Reddy, Adv.