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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) … Code, 1860, read with Sections 3(1)(i), 3(2), 3(3), 3(4), 3(5), the MCOCA, read with Sections 10, 13, 16, 17, 18, 19, 20, 40 of Unlawful Activities (Prevention) Act, 1967, read with Sections 6, 9B of the Explosives

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, … specific limitation provided under the Railways Act, 1989, the provisions of the Limitation Act, 1963 would apply and section 17(1)(c) of the Limitation Act, read with Residuary Article 113 of its Schedule, would be applicable in such cases.

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

Sudhir Kumar Srivastava Vs. Union of India (Uoi) Through General Manag ...

Court : Allahabad

Subject : Civil

Reported in : 2008(4)AWC3429

of India 2001 (2) TAC 250 and the purpose and object, with which the Section 124A of the Railways Act, 1989 (hereinafter referred to as the Act for short) was introduced as per Railway (Amendment) Act, 28 of 1994, … 'untoward incident' and, therefore, the case of Union of India and Ors. v. Sunil Kumar Ghosh 1984 SC 1737, was not applicable and has wrongly been relied upon by the learned Counsel for the respondent. It has

Union of India (Uoi) Vs. Q.S. Shipchandler and ors.

Court : Mumbai

Subject : Civil

Acts : Railways Act, 1989 - Sections 43; Consumer Protection Act, 1986 - Sections 17

Reported in : 2002(2)ALLMR890; 2002(3)BomCR430; (2002)3BOMLR671; 2002(2)MhLj896

and set-aside.Petition disposed of accordingly. Indian Railways Act, 1989 - Section 43 - Consumer Protection Act, 1986 - Section 17 - Jurisdiction of State Commission - Grievance about First Class fair higher than A.C. Chair Car - Consumers … Tribunal, as there is a bar of jurisdiction as per the provisions of Section 43 of the Indian Railways Act, 1989. Mr. Samant for petitioner has further submitted that the impugned Judgment is dated 25th September, 1990 and after

Union of India (Uoi) Vs. Satish Patidar and anr.

Court : Madhya Pradesh

Subject : Civil

Acts : Railways Act, 1989 - Sections 17, 123, 123C and 124A; Railways (Amendment) Act, 1994; Railways Claims Tribunal Act, 1987 - Sections 17 and 17(1)

Reported in : 2003ACJ2081; AIR2003MP205; 2003(4)MPLJ306

is barred by limitation. It was also contended by the Union of India that Section 124A of the Railways Act, 1989 (hereinafter referred to as the 'Act of 1989), providing for compensation on account of an untoward incident was … bracket [ 1 inserted by Amending Act). As the question of limitation is also involved in this case. Section 17 of the Act of 1987 is also reproduced below :-- '17. Limitation.-- The Claims Tribunal shall not admit

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 … India v. Firm Museram, AIR 1950 Nagpur 85 and U.O.I. v. S. P. Lakhu Reddiar, AIR 1956 Madras 176 and observed as under: 'The decision in the Nagpur case (supra) was followed in Madras and it was

Union of India (Uoi) and anr. Vs. Smt. Gayatri Srivastava and ors.

Court : Allahabad

Subject : Service

Acts : Railway Claims Tribunal Act, 1987 - Sections 13, 17 and 24; Railways Act, 1989 - Sections 123 and 124A; Railways (Amendment) Act, 1994

Reported in : 2003ACJ486; 2002(3)AWC2168

Sections 13, 17, 23 and 24 of Railway Claims Tribunal Act, 1987 and Sections 123 and 124A of Railways Act, 1989 - claim for compensation arising due to death of person in a train accident - person died alighting … the Claims Tribunal under the Railways Claims Tribunal Act is one year as the case is covered by Section 17(1)(b) of the said Act. Section 17(2) provides that an application may be entertained by the Tribunal even after

Ratnakar Tanbaji Itankar Vs. Union of India

Court : Mumbai

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 3, 13, 17(2), 15, 33, 72, 73 and 74; Railways Acts, 1890 - Sections 80 and 82A; Railways Acts, 1989 - Sections 107, 109, 124 and 125; Code of Civil Procedure (CPC), 1908 - Sections 9; Limitation Act, 1963 - Sections 5; Railway Claims Tribunal (Procedure) Rules, 1989

Reported in : 1994ACJ762; AIR1994Bom132; 1994(4)BomCR12

on the spot. The appellant thereafter filed the application before the Claims Tribunal under Section 109 of the Railways Act, 1989 (hereinafter referred to as the 'new Railways Act) claiming compensation for the death of his wife Shakuntalabai whe … 7384 UP Maharashtra Express from Wardha to Shegaon on 3-4-1990. Theappellant had also filed an application under Section 17(2) of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as the 'Claims Tribunal Act') read with Section

Union of India (Uoi), Rep. by the General Manager, South Central Railw ...

Court : Andhra Pradesh

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 2, 13(1), 16, 17, 17(2), 23 and 24; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1); Railways Amendment Act, 1994 - Sections 13(1); Railways Act, 1989 - Sections 123, 124, 124A, 125 and 128; Railway Claims Procedure Rules, 1989; Railway Accident Compensation Rules, 1990

Reported in : III(2006)ACC652; 2006ACJ1470; AIR2005AP444; 2005(5)ALT541

place on 3-6-1993 and as such the same does not attract the provisions of Section 124A of the Railways Act, 1989 as contended by the applicant and therefore, the tribunal has no jurisdiction to entertain the application. Without admitting … with delay. To condone the said delay an application in I.A. No. 41 of 1998 was filed under Section 17(2) of the Railway Claims Tribunal Act, 1987 read with Section (sic. Rule) 44 of the Railway Claims Procedure