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The General Manager, South Central Railway Vs. K. Narayana Rao

Court : Andhra Pradesh

Subject : Civil

Acts : Constitution of India - Article 227; Railways Act, 1989 - Sections 123, 124 and 124-A; Railway Claims Tribunal Act, 1987 - Sections 18; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1); Evidence Act, 1872 - Sections 123 and 124; Motor Vehicles Act, 1988; Railway Claims Tribunal (Procedure) Rules, 1989 - Rules 5, 14, 20, 21, 21(3), 22 and 23; Andhra Pradesh Motor Vehicles Rules, 1989 - Rule 476(7); Code of Civil Procedure (CPC) , 1908

Reported in : I(2005)ACC239; 2005ACJ1249; AIR2004AP442; 2004(4)ALT464

to the respondent. Civil - compensation - Article 227 of Constitution of India, Sections 123, 124, 124-A of Railways Act, 1989, Section 18 of Railway Claims Tribunal Act, 1987, Section 3 (1) of Terrorist and Disruptive Activities (Prevention) Act, 1987, Section

Mrinal Kanti Bose Vs. General Manager (Claims), N.F. Railways

Court : Guwahati

Subject : Civil

Acts : Railways Claims Tribunal Act, 1987 - Sections 13, 18 and 23; Railways Act, 1989 - Sections 2(32) and 107

Section 78 B of the Indian Railways Act, which stands repealed and replaced by Section 106 of the Railways Act, 1989. The claim application thus, contends Mr. Singh, had no valid foundation and was liable to be dismissed. Continuing … the aggrieved persons the right to file an application, as provided under the Act, seeking compensation. This apart, Section 18 of the Railways Claims Tribunal Act clearly lays down that the procedure laid down by the Code of

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) … of the statement of witnesses at serial nos. 63 to 66, has to be understood with reference to Section 18 of the MCOCA. We shall now record our determination on the scope and effect of Section 18 of

Union of India (Uoi), Secunderabad Vs. B. Koddekar and anr.

Court : Andhra Pradesh

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 18, 23, 123(C) and 124(A); Railways Act, 1989 - Sections 2, 123 and 124A; Terrorist and Disruptive Activities Prevention Act, 1987 - Sections 3(1); Evidence Act, 1872 - Sections 123 and 124; Motor Vehicles Act, 1988 - Sections 140

Reported in : 2003ACJ1286; AIR2003AP23; 2002(4)ALT310

persons could be held to be an untoward incident falling within the ambit of Section 123(c) of the Railways Act, 1989 ? 2) Whether the applicants-respondents in these appeals are entitled for compensation under Section 124A of the Railways … untoward incident. 38. We shall now proceed to examine the scheme of the Railway Claims Tribunal Act, 1987.39. Section 18 of the Tribunal Act contemplate the procedure and power of the Tribunal as under :18. Procedure and powers

M/S Kalpataru Agroforest Enterprises Vs. Union of India

Court : Madhya Pradesh

Subject : Commercial

Acts : Railway Claims Tribunal Act, 1987 - Sections 18, 18(1) and (3), 23, 30 and 30(2); Railway Claims Tribunal (Procedure) Rules, 1989 - Rules 20, 32 and 32(1); Code of Civil Procedure (CPC), 1908 - Order XLVII, Rules 1 and 2; Railways Act, 1989 - Sections 74

Reported in : 2001(4)MPHT76

paid by the appellant and title to goods had passed to the consignee under Section 74 of the Railways Act, 1989 (henceforth 'the Act') and, consequently, the appellant could not file the claim for refund of excess of freight.8. … review an appealable order. The learned counsel for the appellant during the course of arguments pointed out that Section 18(3)(f) of the Railway Claims Tribunal Act, 1987 (henceforth 'the Act of 1987') gave power to the Railway Claims

General Manager, South Central Railway, Secunderabad Vs. K. Narayana R ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Railway Claims Tribunal Act, 1987 - Sections 18; Railways Act, 1989 - Sections 123, 124-A and 125; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3; Code of Civil Procedure (CPC), 1908; Evidence Act, 1872 - Sections 123 and 124

Reported in : II(2000)ACC41; 1999(6)ALD591; 2000(1)ALT645

Station and as such no compensation is payable in view of proviso (b) to Section 124 of the Railways Act, 1989. Though the Railway also took a formal objection putting the applicants to strict proof that the deceased was … claim made by the respondents was made within the prescribed time. As such we may straightaway go to Section 18 of the Railway Claims Tribunal Act which deals with the procedure and powers of the Claims Tribunal. It

Mirza Mahboob Ali Baig Aslam Vs. Union of India (Uoi)

Court : Andhra Pradesh

Subject : Civil

Acts : Indian Railways Act, 1890 - Sections 13; Indian Railways (Amendment) Act, 1989 - Sections 18(9)

Reported in : 1995(1)ALT239

Matched in: Advocate K.G. Kannabhiran and ;J. Parthasarathi, Advs. S.R. Ashok, Standing Counsel for Railways

Sarowari Devi Vs. Union of India

Court : Patna

Subject : Criminal

Tribunal, Patna Bench in Claim Application No. 0A9800102 by which the claim application filed under Section 125of the Railways Act, 1989 read with Section 16 of the Railway Claims Tribunal Act, 1987 has been dismissed on the ground that … be treated to be allowed. On this point learned counsel for the appellant has drawn my attention to Section 18 of the Railway Claims Tribunal Act, 1987 which provides that the claim tribunal was not bound by the

M.P.George vs Union of India

Court : Kerala

that he sustained injuries as a result of 'untoward incident' as defined under Section 123 (c) of the Railways Act, 1989.3. The Tribunal found that the appellant was not involved in an untowardincident and accordingly the Tribunal dismissed the … by the Petitioner in O.A(IIu)ERS/2011/0023 on the file of Railway Claims Tribunal, Ernakulam Bench against the order dated 18.10.2011.2. Appellant preferred the above claim before the Railway Claims Tribunalclaiming compensation consequent upon the injuries sustained to him

Union of India Vs. Bharat Petroleum Corporation Ltd.

Court : Madhya Pradesh

Subject : Civil

Acts : Railways Act, 1989 - Sections 65; Railway Claims Tribunal Act, 1987 - Sections 18(2); Code of Civil Procedure (CPC), 1908; Evidence Act

Reported in : II(2002)ACC411; 2001(4)MPHT490

prove what was actually loaded at their siding when the consignment was booked. Under Section 65 of the Railways Act, 1989 also the burden of proving the weight etc. of the consignment lies on the consignor or owner of … the consignment lies on the consignor or owner of the goods. However, it is note-worthy that under Section 18(2) of the Railways Claims Tribunal Act, 1987 the Claims Tribunal has to decide every application 'on a persual