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

Court : Kerala

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

R. Sai Bharathi Vs. J. Jayalalitha and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Companies Act, 1956; Indian Stamp Act - Sections 47A; Indian Penal Code (IPC) - Sections 43, 109, 119, 120B, 169, 175, 176, 177, 179, 181, 191, 202, 221, 222, 223, 225, 405, 409 and 420; Prevention of Corruption Act - Sections 13(1) and 13(2); Prevention of Undervaluation of Instruments Rules - Rules 2, 3, 4, 6 and 7; Tamil Nadu Stamp Act; Indian Trust Act, 1882 - Sections 52; Transfer of Property Act, 1882 - Sections 136; Code of Civil Procedure (CPC) - Order 21, Rule 73; Constitution of India - Articles 73, 136, 154, 162 and 309; Railways Act, 1989 - Sections 189; Cattle Trespass Act, 1871 - Sections 19; Code of Criminal Procedure (CrPC) - Sections 481

Reported in : 2004CriLJ286; 2003(4)CTC577; JT2003(9)SC343; 2003(10)SCALE68b; (2004)2SCC9

it, it becomes an offence under Section 169 IPC. Section 481 Criminal Procedure Code, Section 189 of the Railways Act, 1989 and Section 19 of the Cattle Trespass Act, 1871 and instances of that nature in several enactments are … exercise of the executive power of the State vested in the Governor under Article 154 read with Article 162 of the Constitution and the executive have power to make any regulation which would have the effect of

Ajay Tirkey. Vs. the State of Jharkhand.

Court : Jharkhand Ranchi

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 143, 147, 148, 341, 323, 325, 307, 353, 34; Railway Act - Sections 145, 146, 147; Code of Criminal Procedure (CrPC) - Section 162

the Special Court of Railway Judicial Magistrate having territorial jurisdiction. Accordingly, the case for the offence alleged under Railways Act against the accused by filing a complaint was lodged before the Special Court of Railway Judicial Magistrate and … registered vide Jagarnathpur P.S. Case No.125 of 2008 on the statement of the same informant/complainant is barred under Section 162 Code of Criminal Procedure and therefore, the subsequent case being Jagarnathpur P.S. Case No.125 of 2008 was not … was lodged on 04.08.2008 before the Railway Judicial Magistrate, Ranchi under Sections 145/146 and 147 of the Railway Act, 1989.3. Learned Counsel Mr. Pratius Lala submitted that for the same set of occurrence a different case giving rise

Bagadiya Brothers Pvt. Ltd. and Anr. Vs. Union of India and Ors.

Court : Kolkata

Subject : Land Acquisition

Central government under the Indian Railways Act, 1890. The Indian Railways Act, 1890 has been repealed by the Railways Act, 1989. Section 200 of the Railways Act, 1989 deals with repeal and saving. Section 200 of the Railways Act, 1989 … of U.P.v. Synthetics and Chemicals Ltd., wherein R.M.Sahai, J. in his concurring opinion stated as follows: (SCC p. 162, para40) “40. ‘Incuria’ literally means ‘carelessness’. In practice per incuriam appears to mean per ignoratium. English courts have

Union of India (Uoi) Vs. Smt. Mulko Bai

Court : Madhya Pradesh

Subject : Civil

Acts : Railway Act, 1989 - Sections 124-A; Railway (Amendment) Act, 1994; Railways Claims Tribunal Act, 1987 - Sections 13, 13(1A), 24 and 30; Railway Accident and untoward Incident (Compensation) Rules, 1990 - Rule 115

Reported in : 2003ACJ1187; AIR2002MP22; 2002(1)MPLJ407

He has further submitted that on the date of the accident which is 17-5-1991 Section 124A of the Railways Act, 1989 was not on book of statute it was subsequently inserted in the Act with effect from 1994 by … extracted from the decision of Privy Council in Commissioner for Railways v. Mc. Dermott. (1966) 2 All ER 162 (PC) and Donoghue v. Stevension, 1932 AC 562. Particularly at station precuations must be taken by the Railways

Union of India (Uoi) Vs. Mulko Bai

Court : Madhya Pradesh

Subject : InsuranceMotor Vehicles

Reported in : III(2003)ACC743

nullity. He has further submitted that on the date of the accident which is 17.5.1991, Section 124A of Railways Act, 1989 was not on book of statute and was subsequently inserted in the Act with effect from 1994 by … principle extracted from the decision of Privy Council in Commissioner, for Railways v. McDermott (1966) 2 All ER 162 and Donoghue v. Stevenson (1932) AC 562. Particularly at station precautions must be taken by the Railways to

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 … 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

The Union of India, Reptd. By Its General Manager, South Western Railw ...

Court : Karnataka

Subject : Land Acquisition

The amount in deposit is directed to be transmitted to the MACT forthwith. I.A.1/2012 is dismissed as Unnecessary. Railways Act, 1989 Section 125 Rail Accident Claim of compensation MACT, consequently held that in absence of evidence of respondent that driver … of neighbourhood as stated by the Privy Council in Commissioner for Railways vs. Mc.Dermott (1966) 2 All ER 162 PC and laid down in Donoghue vs. Stevenson 1952 AC 562, as extracted in case of Union of

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, … the deceased. In Rathi Menon v. Union of India, 2001 (3) ALD 52 (SC) = 2001 (1) An.WR 162 (SC) = 2001 SCC (Cri.) 1311 the Apex Court held:'The right of the injured to claim compensation as

Union of India Vs. Sanjay

Court : Madhya Pradesh

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 123, 124-A, 154, 159 and 175; Indian Railways (Amendment) Act, 1994; Indian Railways Rules - Rules 115, 120, 130 and 131

Reported in : 2003ACJ1349; 2001(4)MPHT496

Tribunal has found that the case is that of accidental death as defined in Section 123(c)(2) of the Railways Act, 1989, and the Railway has failed to prove any exceptions or grounds of defence available to them as provided … extracted from the decision of Privy Council in Commissioner for Railways v. Me Dermot, (1966) 2 All ER 162 (PC) and Donoghue v. Stevenson, 1932 AC 562. Particularly at station precautions must be taken by the Railways