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Md. Waris Vs. Union of India (Uoi) Through Chief Project Manager Railw ...

Court : Jharkhand

Subject : Civil

Acts : Railways Act, 1989 - Sections 11; Indian Electricity Act, 1910 - Sections 12(3), 19, 28 and 51; Electricity (Supply) Act, 1948 - Sections 2(6) and 70; Land Acquisition Act

Reported in : AIR2006Jhar116; [2006(3)JCR503(Jhr)]

V. Shivnath, learned senior counsel appearing on behalf of the petitioner, with reference to Section 11 of the Railways Act, 1989, submitted that the railways should have acquired the property of the petitioner under the Land Acquisition Act. In … submitted that the Government of Bihar permitted the Railway Electrification, for erection of the said transmission line under Section 28 of the Electricity Act. With reference to Annexure-5, it was further submitted that permission of the land owners

Union of India (Uoi), South Central Railways Vs. Kurukundu Balakrishna ...

Court : Andhra Pradesh

Subject : Civil

Acts : Railways Act, 1989 - Sections 123(1), 123(2) and 124A; Constitution of India - Article 141; Evidence Act, 1872

Reported in : II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100

was either injured or had died, was entitled to compensation from the Railways under Section 124-A of the Railways Act, 1989, (the Act) is the question that in substance arises for consideration in this reference. Incidentally whether wrongful, careless, … the definition 'untoward incident' in Section 123(1)(c) of the Act were brought on to the statute book on 28-4-1994 and therefore no compensation could be granted. The Tribunal awarded compensation. The Railway Administration appealed. The appeal was

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 … question was to the train. Section 124(A) which is introduced by way of amendment brought about by Act 28 of 1994 with effect from 1.8.1994 as per which an untoward incident is also included for the purpose

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

within the meaning of clause (29) of Section 2 of the Railways Act, 1989.42. By Amendment Act No. 28 of 1994, clause (c) was inserted to Section 123 of the Railways Act, 1989 bringing the accidental falling … 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

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

filed under Section 124A of the Railways Act, 1989.12. The Parliament by the Railways Amendment Act, 1994 (Act 28 of 1994) made certain amendments to the Railways Act, 1989 inserting Clause (c) to Section 123, which reads … 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

Suo Motu vs Union of India

Court : Kerala

Railway is authorised to represent the 1st respondent Union of India, Ministry of Railways.4. Section 57 of the Railways Act, 1989 deals with themaximum number of passengers of each compartment. As per Section 57, subject to the approval of … reported in the media on 29.04.2021 and 30.04.2021, both print and visual.2. As per the media reports, on 28.04.2021 at 08:30 am, a 31year old female passenger jumped off a moving train at Olipuram in Kanjiramattom, Ernakulam

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 … 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 be

Champa Devi Vs. Union of India Through General Manager, Northern R

Court : Delhi

Subject : Land Acquisition

a ‘train carrying passengers’ as per the meaning of the expression as found in Section 123(c) of the Railways Act, 1989 and therefore there is no untoward incident for the Railways to be fastened with the liability of compensation. … 3. The admitted facts are that the deceased Sh. Devender Nath Gourd died in an untoward incident on 28.8.2010 while trying to board the Shalimar Express train when it was being put on platform. The admitted facts

Gwalior Sugar Co. Ltd., Dabra Vs. Union of India (Uoi) Through General ...

Court : Madhya Pradesh

Subject : Civil

Acts : Railways Act, 1890 - Sections 26, 29, 41 and 41(1); Code of Civil Procedure (CPC) , 1908 - Sections 9

Reported in : AIR1996MP219; 1996(0)MPLJ359

Singh, J. (as he then was), dismissing the appellant/plaintiffs suit as barred by the provisions of the Indian Railways Act, 1989 (repealed by the provisions of the new Act of the same name of the year 1989) for short, … Complaints against a raliway administration -- (1) Any complaint that a railway administration--(a) is contravening the provisions of Section 28, or(b) is charging for the carries of any commodity between two stations a rate which is unreasonable, or(c)

Union of India by Its General Manager, Southern Railway, Chennai Vs. R ...

Court : Chennai

Subject : Land Acquisition

it would not attract the provisions of 'accidental falling from train' under Sections 123(c)(2) and 124(A) of the Railways Act, 1989 (herein after referred to as the Act). 4. The Tribunal, after analysing the entire evidence on record and … negligent act of the deceased and it would not attract the provisions of 'accidental falling from train' under Sections 123(c)(2) and 124(A) of the Railways Act, 1989 (herein after referred to as the Act). 4. The Tribunal, … (Prayer: This Civil Miscellaneous Appeal is filed against the order dated 28.05.2008 made in OA.No.21/2005 by the Railway Claims Tribunal, Chennai Bench.) 1. This