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Union of India (Uoi) Through General Manager Vs. Ashokbhai Govindbhai ...

Court : Gujarat

Subject : Civil

Acts : Railways Act, 1989 - Sections 123 and 127; Railway Claims Tribunal Act, 1987 - Sections 124(A); Workmen's Compensation Act, 1923 - Sections 3; Motor Vehicles Act, 1988 - Sections 140 and 163A; Public Liability Insurance Act, 1991; Interest Act, 1978 - Sections 3; Code of Civil Procedure (CPC) - Sections 34; Arbitration Act, 1940 - Sections 9; Constitution of India - Article 38(1); Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 - Rule 3

Reported in : (2009)3GLR1845

raised contention before this Court that claimant has not made out any case of amount under provisions of Railways Act, 1989. He also raised contention before this Court that incident is not covered as an untoward incident as defined … also raised contention before this Court that incident is not covered as an untoward incident as defined in Section 123(c)(2) of the Railways Act, 1989. Learned Advocate Mr. Shastri also submitted it was a negligence on part … 524 (Para 9), B.D. Shetty v. CEAT Ltd. : 2002 (1) SCC 193 (Para 12), Transport Corporation of India v. E.S.I. Corporation : 2000 (1)

Anu Vs. Union of India

Court : Kerala

Subject : Land Acquisition

Paravoor non 4/8/2010 2. Whether the applicant proves that he met with an accident U/s. 123(c) of the Railways Act M.F.A.No.193/2011 3 3. Whether the respondent proves that they are exempted from payment of compensation vide Section 124A … Tribunal that the appellant is not a bonafide passenger is legally sustainable.16. Section 123(c) of the Railways Act, 1989(in short 'the Act') defines "untoward incident" in the following words: "(c) "untoward incident" means- (1). (i) the commission

Union of India (Uoi) and anr. Vs. Satna Stone and Lime Co. Ltd., Satna ...

Court : Madhya Pradesh

Subject : Arbitration

Acts : Railway Act, 1890 - Sections 3(13) and 29(2); Arbitration Act, 1940 - Sections 37(3)

Reported in : AIR2000MP101

have been revised as the same was not referable to the power under Section 29 of the Indian Railways Act, 1890 and that only the amount as per Clause 10 of the Agreement could have been claimed. Learned … for the respondent we are fortified in our view by the decision of the Supreme Court in, AIR 1989 SC 268 : U.P. Hotels v. U.P. State Electricity Board, that in order to set aside an award, … in Union of India v. M/s. Vijay Construction Co. (AIR 1981 Delhi 193) and it was observed that these are two distinct matters and deal

Union of India (Uoi) and ors. Vs. Durmesh Coal and ors.

Court : Guwahati

Subject : Civil

the railway authorities by taking recourse to the provisions of Section 73 read with Section 72 of the Railways Act, 1989,but the railway authorities do not unload the excess load and/or adjust the excess load by unloading the excess … 185/2001, W.A. No. 186/2001, W.A. No. 187/2001, W.A. No. 188/2001, W.A. No. 189/2001, W.A. No. 191/2001, W.A. No. 193/2001, which have arisen out of the common Judgment and order, dated 07.05.2005, passed in WP(C) 5690/2000, WP(C) 5826/2000,

Railway First Class Season Ticket Passengers Association Vs. Union of ...

Court : Kerala

Subject : Land Acquisition

T.GOPI RESPONDENTS : ------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, (RAILWAY BOARD), RAIL BHAVAN, NEW DELHI-110 001.2. THE GENERAL MANAGER, SOUTHERN RAILWAY, HEAD QUARTERS OFFICE, PARK TOWN.P.O., CHENNAI-600 … P8 and newspaper quotes produced as Exts.P9 to P13. It is submitted that Section 50 of the Railway Act, 1989 provides for supply of tickets on payment of fare to a person W.P.(C). No.5711/2012 -:2:- desirous of travelling … MR.JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH DAY OF DECEMBER 2012 28TH AGRAHAYANA 193 WP(C).No. 5711 of 2012 (L) ---------------------------------- PETITIONERS : ------------------ 1. RAILWAY FIRST

Surekha and Others Vs. Union of India

Court : Karnataka Kalaburagi

Subject : Land Acquisition

order dated 23-01-2009 is set aside. The appellants are entitled to compensation with interest as per the Indian Railways Act, 1989. Appeal allowed. … respondent/Railways is not responsible for the alleged death of the deceased. Further, no untoward incident in terms of Section 123(c)(2) of Railways Act had occurred on 2-7-2007. Hence, sought for dismissal of the claim petition. 4. On … SC 1623) (Para 9), B.D. Shetty v. CEAT Ltd., (2002) 1 SCC 193 (Para 12), Transport Corporation of India v. ESI Corporation, (2000) 1 SCC

N. and W. Ry. Vs. TraIn Dispatchers

Court : US Supreme Court

Subject : Land Acquisition

adverse effect on competition among rail carriers in the affected region." [ Footnote 2 ] On September 9, 1989, the Commission also filed a petition for rehearing, and requested the court to refrain from ruling on the … Assn., 171 U. S. 505 (1898); Northern Securities Co. v. United States, 193 U. S. 197 (1904); United States v. Terminal Railroad Assn. of St. … has approved a rail carrier consolidation under the conditions set forth in Chapter 113 of the Interstate Commerce Act (Act), 49 U.S.C. § 11301 et seq., a carrier in such a consolidation "is exempt from the antitrust … such as those governing contracts, the court declined to decide whether the section could operate to override provisions of the Railway Labor Act (RLA) governing

Sundari Devi and Others Vs. Union of India Thru General Manager Northe ...

Court : Allahabad Lucknow

Subject : Land Acquisition

as untoward incident. If it is considered in the light of exemption provided under Section 124-A of the Railways Act, such an interpretation shall not be desirable. The following alone are the exemptions provided therein: (a) suicide or … and perused the record. 2. By means of present appeal under Section 23 of the Railway Claim Tribunal Act, 1989, claimants/ appellants have challenged the judgment dated 24.12.2010 passed by Railway Claims Tribunal Lucknow Bench at Lucknow, dismissing … SCC 524(para 9), B. D. Shetty v. CEAT Ltd. (2002) 1 SCC 193 (para 12), Transport Corporation of India v. ESI Corporation (2000) 1 SCC

Referring Officer Vs. Sc 1/96 to 32/95 (Annexure-i) Cc No. 1/96 and 59 ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 2, 3(2), 5, 6, 9, 9(3), 12-AA, 14, 20 and 392; Code of Criminal Procedure (CrPC) , 1973 - Sections 3, 4(2), 26, 167, 190, 193, 207, 209, 220(1), 223, 260, 395(2) and 407; Indian Penal Code (IPC), 1860 - Sections 34, 149, 302, 307, 354 and 376; Central Act, 1989 - Sections 14; Foreign Exchange Regulation Act, 1973; Customs Act, 1962; Criminal Law Amendment Act, 1952 - Sections 8(1); Prevention of Corruption Act, 1988 - Sections 5; Essential Commodities Act, 1955 - Sections 12-AA; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 36-A; Human Rights Protection Act

Reported in : 1999(3)ALD544; 1999(1)ALD(Cri)818; 1999CriLJ4173

of Special Court constituted under Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') made the reference under Section 395(2) of the Code of Criminal Procedure … Court with the power to take cognizance of the offences under the Act directly without being committed under Section 193 Cr.PC? (3) Whether the provisions of Clause (v) of sub-section (2) of Section 3 of the Act are

Referring Officer Rep. by State of A.P. by Public Prosecutor Vs. Sheka ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 2, 6, 14 and 20; Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2), 5, 190, 193, 223 and 407; Indian Penal Code (IPC) - Sections 302; Prevention of Corruption Act - Sections 5; Essential Commodities Act - Sections 12AA; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 36A

Reported in : 1999(3)ALT533; 1999(1)ALT(Cri)688

of Special Court constituted under Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') made the reference under Section 395(2) of the Code of Criminal Procedure … Court with the power to take cognizance of the offences under the Act directly without being committed under Section 193 Cr.P.C?(3) Whether the provisions of Clause (v) of Sub-section (2) of Section 3 of the Act are attracted