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Sisupalan K. Vallikalayil and Another Vs. Union of India

Court : Mumbai Nagpur

Subject : Land Acquisition

to be paid by the Tribunal is towards no fault liability, as contemplated under Section 124-A of the Railways Act, 1989, and that does not prevent the claimants from claiming the compensation over and above Rs.4,00,000/-by establishing that it … 17.06.2000. This appeal is by the claimants, who are seeking further enhancement of compensation in this appeal under Section 23 of the Railway Claims Tribunal Act, 1987. 2. The appellants/claimants have paid the court fee of Rs.25/-, as

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, … the applicant satisfies the Claims Tribunal that he had sufficient cause for not making the application within such period.'Section 23 provides for an appeal to the High Court from every order, not being an interlocutory order, of the

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 … these appeals, they are being heard and decided together by this common order.2. These appeals are preferred under Section 23 of the Railway Claims Tribunal Act, 1987 by the Union of India, represented by the General Manager, South

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. … ORDERS.C. Pandey, J. 1. This appeal under Section 23 of Railway Claims Tribunal Act, 1987 is directed against the order dated 27-10-98, passed by Railway Claims Tribunal,

Smt. Lakhi Barua Vs. Union of India (Uoi)

Court : Kolkata

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Section 23; ;Railways Act, 1989 - Sections 123 and 124A; ;Terrorist and Disruptive Activities (Prevention) Act, 1987 - Section 3(1); ;General Clauses Act, 1897 - Section 13(2)

Reported in : 2009ACJ1549,AIR2008Cal59,2008(3)CHN753

such incident could not come within the definition of 'untoward incident' as provided in Section 123(c) of the Railways Act, 1989.6. The Tribunal, thus, dismissed the application although it expressed its sympathy to the victim for the loss … Bhaskar Bhattacharya, J.1. This appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is at the instance of a claimant and is directed against

Union of India (Uoi) Through General Manager, North Eastern Railway Vs ...

Court : Patna

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 23; Railways Act, 1989 - Sections 2(28), 2(29), 123 and 124A; Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 - Rule 3

in Claim Application No. O.A. 9700208 Malti Kunwar v. Union of India, in terms of Section 124A of Railways Act, 1989 (hereinafter to be referred to as '1989 Act') whereby a sum of Rs. 2,00,000 have been awarded to … S.K. Katriar, J.1. The Indian Railways have preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 and is directed against the judgment dated 11.10.1999, passed by the

Mustafa Sk. Vs. General Manager, Eastern Railway

Court : Kolkata

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 13, 13(1), 13(1A), 16, 17, 17(1), 17(2), 23 and 23(2); ;Railways Act, 1989 - Sections 78B, 82A, 123A and 124A; ;Code of Civil Procedure (CPC) , 1908; ;Constitution of India - Articles 226 and 227; ;Railways Rules

Reported in : 2008(2)CHN273

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 … application is maintainable in view of the availability of the alternative remedy by way of an appeal under Section 23 of the Railway Claims Tribunal Act, 1987, I am to consider the provisions of Sections 13, 16, 17

A. Thanikachalam and Others Vs. The Union of India owning Southern Rai ...

Court : Chennai

Subject : Land Acquisition

Civil Miscellaneous Appeals under Section 23(1) of the Railway Claims Tribunal Act, 1987 read with Section 16 of Railways Act, 1989, against the orders dated 10.09.2008 and 29.4.2008 made in O.A.Nos.51 and 121 of 2006 respectively on the file

Union of India (Uoi) Vs. M. Siva Parvati and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 16, 82A, 123, 124A and 125; Railway Claims Tribunal Act, 1989 - Sections 23

Reported in : 2009ACJ454; AIR2008AP145; 2008(3)ALD347; 2008(3)ALT829

under the application of R1 to R3 filed under Section 16 r/w 124(A) and 125 of the Indian Railways Act, 1989 came to be allowed granting compensation of Rs. 4.00 lakhs.2. Background facts of the case in a nutshell … in the order passed by the Tribunal warranting interference of this Court in exercise of the powers under Section 23 of the Railway Claims Tribunal Act, 1989.12. Accordingly, this appeal fails and the same is hereby dismissed. In

Union of India (Uoi) Vs. N. Kantabai

Court : Andhra Pradesh

Subject : Service

Acts : Railway Claims Tribunal Act, 1987 - Sections 23; Railways Act, 1989 - Sections 123

Reported in : II(2004)ACC709; 2005ACJ1280; AIR2004AP228; 2003(6)ALD40

Matched in: Advocate B.H.R. Chowdary, SC for Railways K.S.N. Murthy, Adv.