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Union of India (Uoi) Vs. Smt. Mulko Bai

Court : Madhya Pradesh

Subject : Civil

Acts : Railway Act, 1989 - Sections 124-A; Railway (Amendment) Act, 1994; Railways Claims Tribunal Act, 1987 - Sections 13, 13(1A), 24 and 30; Railway Accident and untoward Incident (Compensation) Rules, 1990 - Rule 115

Reported in : 2003ACJ1187; AIR2002MP22; 2002(1)MPLJ407

He has further submitted that on the date of the accident which is 17-5-1991 Section 124A of the Railways Act, 1989 was not on book of statute it was subsequently inserted in the Act with effect from 1994 by … be applicable to the inquiring into or determining any claims by the Claims Tribunal under this Act.' 9. Section 24 of the Railways Claims Tribunal Act, 1987 makes it further clear that every suit, claim or other legal

Union of India (Uoi) Vs. Mulko Bai

Court : Madhya Pradesh

Subject : InsuranceMotor Vehicles

Reported in : III(2003)ACC743

nullity. He has further submitted that on the date of the accident which is 17.5.1991, Section 124A of Railways Act, 1989 was not on book of statute and was subsequently inserted in the Act with effect from 1994 by … be, be applicable to the inquiring into or determining, any claims by the Claims Tribunal under this Act.9. Section 24 of the Railway Claims Tribunal Act, 1987, makes it further clear that every suit, claim or other legal

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

Court : Kerala

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

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 … examine the scope of Sub-Section (1A) added to Section 13 of the Claims Tribunal Act, 1987 r/ w Section 24. It was then observed that 'Parliament has transplanted the Civil Court jurisdiction regarding all claims for compensation (relating

Smt. M. Chandravathi and anr. Vs. Union of India (Uoi)

Court : Karnataka

Subject : Civil

Acts : Railways Act, 1989 - Sections 124, 124A and 125; ;Indian Railways Act, 1890 - Sections 82A, 82A(2) and 82C; ;Railway Claims Tribunal Act, 1987 - Sections 13, 13(1), 13(1A), 13I, 16, 17(2), 24, 123, 124 and 124A; Limitation Act - Sections 5; ;Railway (Amendment) Act, 1994 - Sections 124(A); Indian Railways Rules; ;Punjab Pre-emption Act, 1913; Haryana Pre-emption (Amendment) Act, 1995 - Sections 15; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1); Industrial Disputes Act, 1947 - Sections 17B; Motor Vehicles Act, 1988 - Sections 140 and 217; Motor Vehicles (Amendment) Act, 1998; Motor Vehicles Act, 1939 - Sections 92A

Reported in : III(2005)ACC322; 2005ACJ1465; ILR2005KAR3671

Claims Tribunal rejecting the claim made by them seeking compensation under the provisions of Section 125 of the Railways Act, 1989, read with Section 123(c), 124 and 124(A) and Section 17(2) of the Railway Claims Tribunal Act, 1987.2. Relevant … To reach this conclusion, the High Court placed reliance on the provisions contained under Section 13 read with Section 24 of the Railway Claims Tribunal Act, 1987. The Court took the view that when Section 13(1A) is read

Union of India (Uoi) Vs. Satish Patidar and anr.

Court : Madhya Pradesh

Subject : Civil

Acts : Railways Act, 1989 - Sections 17, 123, 123C and 124A; Railways (Amendment) Act, 1994; Railways Claims Tribunal Act, 1987 - Sections 17 and 17(1)

Reported in : 2003ACJ2081; AIR2003MP205; 2003(4)MPLJ306

is barred by limitation. It was also contended by the Union of India that Section 124A of the Railways Act, 1989 (hereinafter referred to as the 'Act of 1989), providing for compensation on account of an untoward incident was … order to appreciate the arguments submitted by the learned counsel for the respondents it is relevant to refer Section 24 of the Act of 1987, which reads as under :-- '24. Transfer of pending cases--(1) Every suit, claim

Union of India (Uoi) and anr. Vs. Smt. Gayatri Srivastava and ors.

Court : Allahabad

Subject : Service

Acts : Railway Claims Tribunal Act, 1987 - Sections 13, 17 and 24; Railways Act, 1989 - Sections 123 and 124A; Railways (Amendment) Act, 1994

Reported in : 2003ACJ486; 2002(3)AWC2168

Sections 13, 17, 23 and 24 of Railway Claims Tribunal Act, 1987 and Sections 123 and 124A of Railways Act, 1989 - claim for compensation arising due to death of person in a train accident - person died alighting … Act before the labour court and the case should be transferred to the Railway Claims Tribunal, Gorakhpur, under Section 24 of the Railways Claims Tribunal Act, 1987. Thereafter, the labour court passed an order of transfer on 24.4.1999

Food Corporation of India Vs. Union of India (Uoi) and anr.

Court : Mumbai

Subject : Civil

Acts : Railways Act, 1890 - Sections 78B, 82A and 82(2); Railways Act, 1989 - Sections 106; Code of Civil Procedure (CPC) - Sections 80 and 80(1); Railway Claims Tribunal Act, 1987 - Sections 13, 13(1), 13(2), 16, 18, 18(1), 18(3), 24, 24(1) and 24(2); Interest Act 1978 - Sections 3

Reported in : III(2006)ACC863; 2006(3)ALLMR518; 2006(5)BomCR372; 2006(3)MhLj804

as an application and not as a civil suit. It is further clear that the provisions of the Railways Act, 1989 and the Rules made thereunder are applicable for inquiring into or determining the claims by the Claims Tribunal … the Railway Claims Tribunal Act, 1987 was enacted and was brought into force on 8-11-1989. In view of Section 24 of the Act of 1987, the special civil suit which was pending before the Civil Judge, Sr. Dn.,

Union of India (Uoi), Rep. by the General Manager, South Central Railw ...

Court : Andhra Pradesh

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 2, 13(1), 16, 17, 17(2), 23 and 24; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1); Railways Amendment Act, 1994 - Sections 13(1); Railways Act, 1989 - Sections 123, 124, 124A, 125 and 128; Railway Claims Procedure Rules, 1989; Railway Accident Compensation Rules, 1990

Reported in : III(2006)ACC652; 2006ACJ1470; AIR2005AP444; 2005(5)ALT541

place on 3-6-1993 and as such the same does not attract the provisions of Section 124A of the Railways Act, 1989 as contended by the applicant and therefore, the tribunal has no jurisdiction to entertain the application. Without admitting … the corresponding amendments to the Railway Claims Tribunal Act by inserting certain provisions such as Section 13(1)(a) and Section 24 go to show that the Parliament did not envisage Section 124A to operate prospectively but only with retrospective

C.J. Thomas and anr. Vs. Union of India (Uoi)

Court : Kerala

Subject : Civil

Acts : Railways Act, 1989 - Sections 82A, 124 and 124A; Railway (Amendment) Act, 1994; Railway Claims Tribunal Act - Sections 13, 13(1), 13(IA), 15 and 24; Railways Rules

Reported in : AIR2009Ker94; 2009(1)KLJ373

compensation of Rs. 1,00,000/-. While the suit was pending in that court, Section 124A was introduced in the Railways Act, 1989 (for short, 'the Act') by the Railway Amendment Act 28 of 1994 with effect from 1-8-1994. Section 13(IA) … may be, be applicable to the inquiring into or determining, any claims by the Claims Tribunal under this Act.Section 24 of the Tribunal Act provides as under:Transfer of pending cases-(1) Every suit, claim or other legal proceeding (other

Subhas Dutta Vs. Union of India and ors.

Court : Kolkata

Subject : Environment

Acts : Constitution of India - Article 226; ;Railways Act, 1989 - Section 11; ;Environment (Protection) Act, 1986 - Sections 3(2) and 24; ;Environment Protection Rules, 1986 - Rule 5; ;Forest Conservation Act, 1980

Reported in : (2001)3CALLT36(HC)

Indian Railways Act, 1989 will supersede the Environment (Protection) Act, 1986 [hereinafter referred to Act of 1986). That section 24 of the Act of 1986 which has also a non-obstante clause which also says that any Act or … tointerfere in this Public Interest Litigation. In this connection our attention was invited to section 11 of the Railways Act, 1989. Section 11 of the Railways Act reads thus: '11. Notwithstanding anything contained in any other law for the time