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The Union of India Owning Southern Railway. Vs. the Addl. Registrar, R ...

Court : Chennai

Subject : Criminal

Acts : Railways Act, 1989 - Section 123 (c)(2), 124-A, 2(29), 129; Code of Criminal Procedure(CrPC) - Section 174; Railway Rules 1990 - Rule 4, 124

accidental death, which is an 'untoward incident' as per Section 123 (c) (2) and Section 124-A of the Railways Act, 1989, respondents 2 and 3 as his dependents are entitled to the maximum compensation of Rs.4,00,000/-.7. According to Mr.T.S.Rajamohan,

Jagjit Cotton Textile Mills Vs. Chief Commercial Superintendent N.R. a ...

Court : Supreme Court of India

Subject : Civil

Acts : Sale of Goods Act, 1930 - Sections 19 and 23(1); Employees Provident Fund etc. Act, 1952; Railways Act, 1890 - Sections 3(13), 16, 29(1), 47(4), 53(1),(2), 54(1), 72(1), 72(2) and 73; Railways (Amendment) Act, 1954; Indian Railways Conference Association - Rules 6, 29 and 161A; Constitution of India - Article 14; Railways Act, 1989 - Sections 27, 55(1), 72, 73, 74, 83 and 87; Indian Railway Board Act, 1905 - Sections 2; Foreign Exchange Regulation Act, 1947 - 23(1); Customs Act, 1962

Reported in : 1998IVAD(SC)185; AIR1998SC1959; JT1998(3)SC297; 1998(3)SCALE209; (1998)5SCC126; [1998]2SCR1065

verified and noted in the forwarding note and in the railway receipt. The Railways Act, 1890 and the Railways Act, 1989 contain provisions which require that the 'average carrying capacity' of each wagon be marked on the wagon. Section … notification issued by the Central Government on 24.3.1905 and 8.10.69(respectively with regard to power under Section 54 and section 29) and that the letter dt. 7.5.1981 (Annexure-Q in TC No. 47/97) shows that the Railway Board validly issued

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, … 'passenger'. For 'self-inflicted injury', reliance was placed on Rajkot Municipal Corporation v. Manjuben Jayantilal Nakum, 1997 (2) Scc 294, and Mohammed Aynuddin Miyam v. State of Andhra Pradesh, 2000 (2) ACC 360. For inquest report, post-mortem report

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

Court : Kolkata

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 … writ application filed by the private respondent before us, by quashing the demand of the appellants dated October 29, 1991 being Annexure 'E' to the writ application and the communications being Annexures 'E-1', 'E-2' and 'E-3' with

Minu Mai Devi Vs. Union of India (Uoi)

Court : Guwahati

Subject : Civil

the spot.4. The appellant had approached the Railway Claims Tribunal for awarding compensation under Section 124A of the Railways Act, 1989. The defence taken on behalf of the respondent was that the deceased was not a bona fide passenger

Union of India (Uoi) and anr. Vs. Trilochan Nayak and ors. Etc.

Court : Orissa

Subject : Civil

Reported in : AIR2009Ori91

or in the Railways Claims Tribunal Act?5. For better appreciation, Sections 2(29), 123, 124 and 124-A of the Railways Act, 1989 and the scope and powers of the Railway Claims Tribunal under the Railway Claims Tribunal Act, 1987 are … law and facts involve in these appeals, they are being disposed of by this common judgment.These appeals under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'the Act') have been preferred by

Sr. Divisional Commercial Manager Vs. Intelligence Officer

Court : Kerala

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 3, 3(1), 3(1A), 5, 27, 28, 29, 29(2), 29A, 29A(4), 30, 30(1), 30A, 30B, 30C, 30E, 31, 31A(2), 32, 45A, 45A(1) and 46; Railways Act, 1989 - Sections 61, 62, 64, 65, 66, 67, 74, 75, 80, 93 and 97; Kerala General Sales Tax Rules, 1963 - Rules 37 and 58; Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC) - Order 5, Rule 27; Railways Rules

Reported in : 2006(1)KLT834; (2007)8VST434(Ker)

under the Sales Tax Act. Carriage of goods by railway is dealt with in Chapter IX of the Railways Act, 1989. Section 61 states that every railway administration shall maintain, at each station and at such other places where goods … the Sales tax Act and ultimately disposed of the Writ Petition with the following directions.1. The provisions of Section 29(2) of the KGST Act and Section 30 of the Act read with Rule 37 of the KGST Rules

Union of India (Uoi) Vs. Prabhakaran Vijaya Kumar and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Railways Act, 1989 - Sections 2(29), 123 and 124A; Workmen's Compensation Act 1923 - Sections 3; Motor Vehicles Act, 1988 - Sections 140 and 163A; Public Liability Insurance Act, 1991; Constitution of India - Article 38(1)

Reported in : 2008ACJ1895; 2008(5)ALLMR(SC)917; (2008)3GLR2400(SC); 2008(2)KLT700(SC); 2009(1)MhLj27; (2008)4MLJ323(SC); RLW2009(1)SC236; 2008(9)SCALE182; (2008)9SCC527; 2008AIRSCW4165; 2008ACJ1895; 2008(3)LH(SC)1872; JT2008(4)SC598; [2008] 7 SCR 673; MANU/SC/7608/2008

that this was not an 'untoward incident' within the meaning of the expression in Section 123(c) of the Railways Act, 1989 as it was not an accidental falling of a passenger from a train carrying passengers.9. In appeal, the … Prof. Clarence Morris entitled 'Hazardous Enterprises and Risk Bearing Capacity' published in Yale Law Journal, 1952 p. 1172). 29. The rule in Rylands v. Fletcher (supra) was subsequently interpreted to cover a variety of things likely to

The Sales Tax Practitioners' Association of Maharashtra and Tushar P. ...

Court : Mumbai

Subject : Sales Tax/VATConstitution

Acts : Maharashtra Value Added Tax Act - Sections 22, 22(1), 33, 61, 61(1), 82, 82(1) and 82(2); Societies Registration Act, 1960; Cost and Works Accountants Act, 1959; Chartered Accountants Act, 1949; Indian Railways Act, 1989; Road Transport Corporation Act, 1950; VAT Act, 2002; Companies Act - Sections 211, 226 and 226(2); Advocates Act, 1961 - Sections 29, 33 and 49; Income Tax Act - Sections 44AB, 44AE, 44AF, 44BB, 44BBA, 288 and 288(2); Bombay Sales Tax Act - Sections 71; Maharashtra Distillation of Spirit and Manufacture of Potable Liquor Rules, 1966 - Rule 65; Maharashtra Manufacture of Beer and Wine Rules, 1966; Special Permits and Licence Rules, 1952; Bombay Foreign Liquor Rules, 1953; Maharashtra Country Liquor Rules, 1973; Andhra Pradesh General Sales Tax Rules, 1957 -

Reported in : 2008(5)BomCR396; [2008]14STT348; (2008)14VST69(Bom)

Union Government, any Department of any State Government, local authorities, the Railway Administration as defined under the Indian Railways Act, 1989, the Konkan Railway Corporation Limited and the Maharashtra State Road Transport Corporation constituted under the Road Transport Corporation … complex accounting and audit issues which Advocates, Sales Tax Practitioners' and Company Secretaries are not professionally qualified to handle.Section 29 of the Advocates Act, 1961 provides that advocates would be the only class of persons to 'practice the

Udaipur Cement Works Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Subject : Civil

Acts : Companies Act, 1956; Railway Claims Tribunal Act, 1987 - Sections 13, 13(1), 29(2) and 41(1); Railways act, 1989 - Sections 94

Reported in : AIR2005Raj267; RLW2005(2)Raj1170; 2005(3)WLC125

Tribunal shall have jurisdiction in matters relating to responsibilities of railway administration as Careers under Chapter-VII of the Railways act, 1989 (for short 'the Act of 1989') in respect of the claims for compensation as enumerated in Sub-clause (i) … other charges' are two different components and since the words 'any other charges' have not been used in Section 13 of the Railway Claims Tribunal Act, 1987 (for short 'the Act of 1987'), therefore, the Tribunal can … the Railway became bound to make the charge in accordance with Section 29(2) of the Act. If a rate of charge is prescribed by the