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Oct 18 2012

Shree Shyam Agency. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Oct-18-2012

Subject : Railways

Acts : Railway Claims Tribunal Act, 1987 - Sections 16, 82A; Railways Act, 1989 - Sections 124A, 61, 62, 87(2); Indian Evidence Act, 1872 - Sections 123,124; General Clauses Act, 1897 - Section 22; Railways (Manner of Delivery of Consignments AND Sale Proceeds in the Absence of Railway Receipt), Rules, 1990

Reported in : (2013)1SCC283

its powers conferred by Clauses (e) AND (f) of Section 87(2) of the Railways Act, 1989 read with Section 22 of the General Clauses Act, 1897 has framed the Railways (Manner of Delivery of Consignments AND Sale Proceeds … shall also exercise, on AND from the date of commencement of the provisions of section 124A of the Railways Act, 1989 (24 of 1989), all such jurisdiction, powers AND authority as were exercisable immediately before that date by any

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Aug 12 1988

Union of India (Uoi) Vs. M. Thankaraj and Etc. Etc.

Court : Kerala

Decided on : Aug-12-1988

Subject : Civil

Acts : Railways Act, 1989 - Sections 124A, 126 and 129; General Clauses Act, 1897 - Sections 5, 22, 24 and 24A; Railways Accidents and Untoward Incidents (Compensation) Rules, 1990 - Rule 3(4); Railways Accidents and Untoward Incidents (Compensation) (Amendment) Rules, 1997; Code of Civil Procedure (CPC) , 1908 - Sections 34

Reported in : 2000ACJ651; AIR2000Ker91

specified in the schedule. These Rules are issued under Section 129 of the Railways Act, 1989 read with Section 22 of the General Clauses Act (10 of 1897) and In supersession of the Railway Accident (Compensation) Rules, 1989. … Claims Tribunal, Ernakulam Bench granting compensation for death or personal injuries of passengers under the provisions of the Railways Act, 1989 read with Rules issued thereunder. Except M.F.A. No. 915/98 all the other appeals are at the Instance of

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Jan 13 2000

B.T. Shipping London Ltd. and Another Vs. Smt. Arati Narayanan and Oth ...

Court : Mumbai

Decided on : Jan-13-2000

Subject : Labour and Industrial

Acts : Workmen's Compensation Act, 1923 - Sections 2(4), 4, 17, 19(2) and 22-A; Constitution of India - Article 226; Indian Railways Act, 1989 - Sections 2, 3 and 4

Reported in : 2001ACJ2096; 2000(2)ALLMR86; 2000(3)BomCR381; [2000(86)FLR901]; 2000(2)MhLj832

business) who is (i) a railway servant as defined in (Clause (34) of section 2 of the Indian Railways Act, 1989), not permanently employed in any administrative, district or sub-divisional office of a railway and not employed in any … to deposit an additional amount of Rs. 27,00,635/- in the Court is impugned by the petitioners under Article 226 of the Constitution of India.2. The 1st petitioner is a company incorporated under the laws of England and

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Feb 10 2005

Shri G. Rajan Vs. Union of India (Uoi), Rep. by the General Manager an ...

Court : Karnataka

Decided on : Feb-10-2005

Subject : Service

Acts : Indian Railways Act, 1989 - Sections 101; Railway Servants (Discipline and Appeal) Rules 1968 - Rule 9(10) and 9(12); Constitution of India - Articles 226 and 227; Station Working Rules

Reported in : ILR2005KAR1764

and departmental rules by which he was governed, thereby violating the provisions of Section 101 of the Indian Railways Act, 1989. The petitioner submitted his statement of defence denying the allegations. In the circumstance, the 6th respondent was appointed … reduces the penalty of removal from service to compulsory retirement. ;Writ petition allowed. - DESIGNS ACT, 2000 -- Section 22(4): [N.Kumar, J] Transfer of suit - Suit for declaration that defendants are not entitled to manufacture, sell PVC

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Jan 13 2000

Selvi J. Jayalalitha Vs. State Rep by Addl. Superintendent of Police, ...

Court : Chennai

Decided on : Jan-13-2000

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 -- Sections 91, 147, 173, 227, 239 and 240; Indian Penal Code (IPC), 1860 -- Sections 21, 22, 24, 25, 43, 109, 120, 139, 159, 169, 403, 405, 407, 408, 409, 415 and 420; Prevention of Corruption Act, 1947 -- Sections 5(1) and 13(1); Prevention of Corruption Act, 1988 -- Sections 5; Companies Act, 1956; Constitution of India -- Article 13(3) and 21; Code of Civil Procedure (CPC), 1908 -- Order 21, Rule 73; Cattle Trespass Act, 1871 -- Sections 19; Transfer of Property Act, 1882 -- Sections 136; Railway Act, 1989 -- Sections 83, 84, 85 and 189; General Clauses Act, 1897 -- Sections 3(38)

Reported in : 2001CriLJ3074; 2000(2)CTC116

claiming by or through him, any actionable claims so dealt with by him as aforesaid.'Section 189 of the Railways Act, 1989 says-'Railway servants not to engage in trade.--A railway servant shall not- (a) purchase or bid for, either in … only that type of property with respect to which the offence contemplated in that section can be committed. Section 22 I.P.C. defines 'movable property'. The definition is not exhaustive. According to the section the words 'movable property' are

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Apr 28 2004

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

Court : Andhra Pradesh

Decided on : Apr-28-2004

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

the said contentions of both sides, it is necessary to have a glance at the relevant provisions of Railways Act, 1989. Section 123(c) reads as follows:' 'untoward incident' means- (1) (i) the commission of terrorist act within the meaning of … in C.M.A.No.1214 of 1999 dismissing the appeal and confirming the awarding of compensation in O.A.A.No.121 of 1998 dated 22.1.1999 by the Railway Claims Tribunal, Secunderabad Bench. 2. The appellant is the Railways whereas the claimant is the

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Jun 07 2002

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

Court : Andhra Pradesh

Decided on : Jun-07-2002

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 … of 2000 : This appeal is filed against the order made in OAA No. 82 of 1999 dated 22-9-1999. Three claimants have filed the said application seeking a compensation of Rs. Four lakhs for the death of

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Dec 19 2007

Union of India (Uoi) and ors. Vs. Agarwala and Co. and anr.

Court : Kolkata

Decided on : Dec-19-2007

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 65, 65(2), 72(1), 72(2), 72(3), 72(4), 78 and 79; ;Constitution of India - Article 14

Reported in : 2008(1)CHN751

be disposed of.5. The learned Single Judge, on consideration of the provisions contained in Section 79 of the Railways Act, 1989 read with the provisions of paragraph 1744 of the Indian Railway Commercial Manual-II, came to the conclusion that … goods before taking delivery; but in this case, the writ petitioners took delivery of the goods on October 22, 1991 even after detecting the shortage of bags without asking for reweighment and without any objection. The Railway

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Jun 07 2002

Godisela Rajamma and ors. Vs. Union of India (Uoi)

Court : Andhra Pradesh

Decided on : Jun-07-2002

Subject : Civil

Acts : Railways Act, 1989 - Sections 123 and 123(2); Railways (Amendment) Act, 1994; Railways Act, 1890

Reported in : 2003ACJ1404; 2002(4)ALD632; 2002(4)ALT370

Matched in: Advocate S. Chandra Sekhar, Adv. D. Srinivas, SC for Railways

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Mar 13 2001

Rathi Menon Vs. Union of India

Court : Supreme Court of India

Decided on : Mar-13-2001

Subject : Motor Vehicles

Acts : Railways Act, 1989 - Sections 19, 123, 124A, 126 and 129; Railway (Amendment) Act, 1994; Railway Accident Compensation Rules 1990 - Rule 3 (1); Workmen's Compensation Act, 1923 - Sections 4

Reported in : I(2001)ACC453; 2001ACJ721; AIR2001SC1333; JT2001(3)SC457; 2001(2)KLT12(SC); (2001)3MLJ1(SC); 2001(2)SCALE432; (2001)3SCC714; [2001]2SCR365; 2001(2)LC1053(SC)

her by the Claims Tribunal. 13. Appellant's claim for the compensation was based on Section 124A of the Railways Act 1989 (for short 'the Act'). The said Section itself was introduced as per Railway (Amendment) Act 28 of 1994. … ask aghast, can the destiny be so cruel to a damsel. 3. Rathi Menon, a Commerce graduate of 22 years, was thrown off from a running train during the night of a jinxed train journey as the

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