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Sivadasan Vs. State

Court : Kerala

Subject : Criminal

Acts : Railway Protection Force Act, 1957 - Sections 10 and 20(3); Indian Railways Act, 1890; Railways Act, 1989 - Sections 2(34); Code of Criminal Procedure (CrPC) - Sections 197 and 239; Indian Penal Code (IPC) - Sections 34 and 392

Reported in : 2005(2)KLT225

that the revision petitioners were not on duty on the day of the incident. Section 2(34) of the Railways Act, 1989 defines 'railway servant' as any person employed by the Central Government or by a railway administration in connection … was raised on behalf of the revision petitioners before the Court below that prior sanction as provided under Section 197 Cr.P.C. was not obtained before taking cognizance of the offence and that the charge was laid without prior

Satish Chandra Vs. Union of India

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 197

Reported in : 1997CriLJ1210; 1996(38)DRJ219

authority of the Railway Administration hence the petitioner only discharged his official function. The competent authority of the Railways passed the order after the stipulated period fixed by the Supreme Court for the Firm to vacate the … no complaint could be instituted against him without the prior sanction of the competent authority as stipulated under Section 197 of the Code of Criminal Procedure (hereinafter in short called 'Code'). Secondly, under Section 186 of the Indian … in short called 'Code'). Secondly, under Section 186 of the Indian Railway Act,1989, no prosecution or other legal proceedings could be initiated against a railway

Divisional Railway Manager, Eastern Railway and ors. Vs. Satyajit Maju ...

Court : Kolkata

Subject : ConstitutionService

Acts : Constitution of India - Articles 14, 16, 19 and 38; ;Railways Act, 1890 - Section 148(2); ;Railways (Amendment) Act, 1989 - Section 200; ;Administrative Tribunals Act, 1985 - Sections 3 and 28

Reported in : (1991)2CALLT214(HC)

preceding Indian Railway Act of 1890 was in operation, which has been repealed and replaced by the new Railways Act of 1989 with effect from 1st June, 1990. Section 200 of the Act of 1989, however, provides that … 1989-Act, while Section 148(2) of the 1890-Act, supplementing the definition of 'Railway Servant' is also similar to Section 197(2) of the 1989-Act.5. That a catering contractor employed by the Railway Administration and subject to considerable supervision and

Jayakrishna Flour Mills Pvt. Ltd. Vs. Chairman of Railway Board

Court : Chennai

Subject : Land Acquisition

Act, 1989, can only be filed if there is contravention of the provisions of Section 70 of the Railways Act, 1989. Section 70 of the Act prohibits undue preference.39. The railway administration is barred from giving unreasonable preference or advantage … Tribunal, AIR 196.Madras 218 and The Union of India vs. The Railway Rates Tribunal, Madras and another, AIR 197.Madras 28.32. The contention of the learned counsel for the respondents was that constitutional validity of the provisions cannot

Veeranarayana Vs. Management of New Chitra Talkies

Court : Karnataka

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 25-F

Reported in : ILR1985KAR431

was not responsible. In such cases awarding of compensation in lieu of reinstatement would be justified. - INDIAN RAILWAYS ACT (24 OF 1989) Sections 59 & 51(2): [P.D. Dinakaran, C.J. & K.L. Manjunath, J] Supply of tickets Petitioner … former also amounted to termination of service by way of retrenchment within the meaning of that expression in Section 2(oo) of the Industrial Disputes Act and said that the workman was at liberty to raise a fresh … brief, are as follows: The Petitioner in W, P. No. 13009 of 1978 (hereinafter referred to as 'the workman') was in the employment of the

Hitendra Vishnu Thakur and Others Etc. Etc. Vs. State of Maharashtra a ...

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Article 22(2); Explosive Act, 1884; Indian Penal Code (IPC), 1860 - Sections 114, 120, 147, 148, 149, 302 and 338; Terriorist and Disruptive Activities Prevention Act, 1987 - Sections 3(1), 4, 6, 18, 19(1) and 20(4); Code of Criminal Procedure (CrPC) - Sections 2, 57, 167(2), 173, 260(1), 262, 263-265 and 436 to 450; Indian Arms Act, 1959 - SectionS 3 and 25(1); Explosive Substances Act, 1908; Inflammable Substances Act, 1952

Reported in : AIR1994SC2623; 1995CriLJ517; 1994(2)Crimes916(SC); JT1994(4)SC255; 1994(3)SCALE105; (1994)4SCC602; [1994]Supp1SCR360; 1994(2)LC786(SC); MANU/SC/0526/1994

was lodged resulting in the registration of a case C.R.No. 90 of 1989. During the investigation, Patrick Frances Truskar and Ananda Ramachandra Patil were arrested … been involved and prior sanction of the Government for prosecuting the Government servants as per the provisions of Section 197 Cr.P.C. (is required) Thus, the investigating officer wants time for making compliance of law. Taking into consideration very … which require our consideration are: (1) when can the provisions of Section 3(1) of the Terrorist and Disruptive Activities Act. 1987. (hereinafter referred to as the TADA) be attracted? (2) Is the 1993 Amendment, amending Section 167(2)

Commanding Officer Railway Protection Special Force Mumbai Vs. Bhavnab ...

Court : Supreme Court of India

Subject : Land Acquisition

his employment; and the deceased being a “Railway Servant”, as per the provisions of Section 2(34) of the Railways Act, 1989 (in short, the 1989 Act), would be deemed to be a “workman” under Section 2(1)(n)(i) of Civil Appeal … xxxxxxxxxxxxx (xii) employed upon a railway as defined in clause (31) of Section 2 and sub-section (1) of Section 197 of the Railways Act, 1890 (9 of 1890), either directly or through a sub- contractor, by a person

Mahendra Kumar Vs. Union of India

Court : Madhya Pradesh

Subject : Land Acquisition

197.SC 253.was passed on the basis of Act of 1890, however, the claim case was filed under the Railways Act, 1989 (in short “Act of 1989”.). 2 M.C.C. No.1336/2005 Learned counsel for applicant has invited my attention to the … raised by learned counsel for respondent that because the Railway Administration has not been sued in terms of Section 3(6) of the Railways Act, 1890 (in short “Act of 1890”.), the claim petition which was rejected by

Mrs. Sulochanamma Vs. Union of India

Court : Karnataka

Subject : Land Acquisition

death. The claim made by the applicants did not come within the ambit of Section 123(c)(2) of the Railways Act, 1989, as death of Thippareddy was not due to an untoward incident as alleged by the applicants, but it … through R.P.C No.141 and case was registered as UDR No.42/2011 under Section 174 of the Criminal Procedure Code, 1978. There is nothing on record to show that there was any complaint given by the passengers traveling in

Rajkumar Anandilal Vs. State of Maharashtra

Court : Mumbai

Subject : CriminalFood Adulteration

Acts : Railway Protection Force Act, 1957 - Sections 11 and 20(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 197, 197(1), 197(2) and 197(3); Food Adulteration Act; Indian Penal Code (IPC) - Sections 21, 102, 300, 302 and 304; Railway Protection Force Rules

Reported in : 2005CriLJ4665

23-7-1989, at about 12.30 pm., P.W. No. 4 Aslam Khan Hussain who was a crane operator in the railways, was on duty on the crane at the railway steam loco shed at Bhusaval. He was loading coal … the gun of the accused. However, they did not take any further action on the said complaint. In the circumstances, the complainant Mohammed Habib lodged … a member of the Armed Forces of the Union and that therefore, in view of the provisions of Section 197(2) of the Code of Criminal Procedure, 1973 the Court could not have taken cognizance of the offence particularly