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Union of India (Uoi) Vs. Nilkanth Tulsidas Bhatia and 7 ors.

Court : Gujarat

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 113, 114, 115, 119, 122, 141, 150 and 153; Indian Penal Code (IPC) - Sections 120B, 147, 148, 149, 153A, 164, 302, 307 and 436; Prevention of Terrorists Act, 2002 - Sections 32; Commissions of Inquiry Act, 1952 - Sections 2, 3, 3(1), 3(4), 5(2), 5(5) and 11; Government of India Act, 1935 - Sections 100; The Madras Agriculturists Relief Act, 1938; Negotiable Instruments Act, 1881; Parent Act - Sections 119; Criminal Law; Constitution of India - Articles 73 and 226; Statutory Investigation into Railway Accidents Rules, 1998 - Rules 2(6) and 4

Reported in : (2006)2GLR952

read with Section 120B of the Indian Penal Code and Sections 141, 150 and 153 of the Indian Railways Act, 1989. Later on, the provisions of the Prevention of Terrorists Act, 2002 were also invoked and after filing of … statements of witnesses, statements recorded under Section 164 of the Code before the Judicial Magistrate, statements recorded under Section 32 of the POTA, and other record which is read before us, prima facie shows that substantial quantity of

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, … booked 248 rakes for carrying coal to Gurla. The routes on which these wagons were transported include a section of Central Railway, viz., Katni-Singrauli. In exercise of powers under Section 71 of the Railways Act. 1989, the … High Courts under Article 226 - and of this Court under Article 32 - cannot be circumscribed by the provisions of the said enactments, they

Mrinal Kanti Bose Vs. General Manager (Claims), N.F. Railways

Court : Guwahati

Subject : Civil

Acts : Railways Claims Tribunal Act, 1987 - Sections 13, 18 and 23; Railways Act, 1989 - Sections 2(32) and 107

Section 78 B of the Indian Railways Act, which stands repealed and replaced by Section 106 of the Railways Act, 1989. The claim application thus, contends Mr. Singh, had no valid foundation and was liable to be dismissed. Continuing … of the Railways Claims Tribunal Act, 1987, against the judgment and order; dated 31.7.1998, passed, in application No. 329/96, by learned Railway Claims Tribunal, Guwahati Bench, Guwahati, dismissing the claim application of the appellant. 2. The case

Sumatidevi M. Dhanwatay Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Consumer Protection Act, 1986 - Sections 3; Indian Railways Act, 1989 - Sections 100, 103 and 124A; Constitution of India - Article 21; Railways Act, 1890 - Sections 80

Reported in : AIR2004SC2368; 2004(5)ALLMR(SC)544; 2004(2)AWC2136(SC); 2004(52)BLJR1179; (SCSuppl)2004(4)CHN86; II(2004)CPJ27(SC); JT2004(4)SC537; 2004(4)SCALE607; (2004)6SCC113

advanced that the complaint was not maintainable under the provision of Sections 100 and 103 of the Indian Railways Act, 1989. The State Commission has categorically recorded a finding that there was deficiency in service on the part of … the concerned Bank. An argument was also advanced that the complaint was not maintainable under the provision of Sections 100 and 103 of the Indian Railways Act, 1989. The State Commission has categorically recorded a finding that

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 … done in the discharge of duties do not cover illegal acts.4. Railway being a transporting agency falling under Section 32 of the Act is bound to file returns in Form No. 45 prescribed under Rule 58 of the

Sh. Rajinder Kumar Sharma Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Criminal

Acts : Indian Railways Act, 1989 - Sections 138, 145, 179, 180 and 180(1); Administrative Tribunal Act - Sections 19; Railway Servants (Discipline and Appeal) Rules, 1968 - Rules 9 to 13, 14 and 14(1); Central Civil Services (Discipline and Appeal) Rules, 1965 - Rule 19; Code of Criminal Procedure (CrPC) , 1973; Code of Civil Procedure (CPC) - Order 23, Rule 1; Constitution of India - Articles 32, 226, 309, 310, 311 and 311(2)

Reported in : (2008)IIILLJ322Del

of fine and/or imprisonment. It is undisputed fact that applicant was punished under Section 180 of the Indian Railways Act, 1989. Section 145 deals with offence committed by any person including a Railway servant under influence of liquor as well … file a fresh writ petition may not bar other remedies like a suit or a petition under Article 32 of the Constitution since such withdrawal does not amount to rest judicata, the remedy under Article 226 of

South Central Railway Vs. Suchi Singh and Others

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Subject : Land Acquisition

and other items in the theft that said to have taken place. By virtue of Section 2(32) of Railways Act, 1989 each zone of the railways has to be impleaded, and that complainant cannot claim deficiency in service on

Delhi Metro Rail Corporation Limited Vs. Municipal Corporation of Delh ...

Court : Delhi

Subject : Direct Taxation

Acts : Companies Act, 1956 - Sections 617; Delhi Municipal Corporation Act, 1957; Railways Act, 1989 - Sections 2(20), 2(25), 2(31), 2(32) and 184; Metro Railways (Construction of Works) Act, 1978 - Sections 2(2) and 43; Delhi Metro Railway (Operation and Maintenance) Act, 2002 - Sections 2(2), 2(P) and 104; Indian Railways Act, 1890 - Sections 3(4); General Clauses Act, 1879 - Sections 8(1); Uttar Pradesh Sales Tax Act - Sections 28(A); Central Excise and Salt Act, 1944

Reported in : 150(2008)DLT367; 2008(103)DRJ369

decide the question whether the petitioner is liable to pay tax in view of Section 184 of the Railways Act, 1989 (hereinafter referred to as the 1989 Act, for short). After remand, the Additional Assessor and Collector passed another

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. … also confers same power as are given by Section 18(3) of the Act of 1987. However, the Rule 32 of the Rules reads as under :--'Rule32, Review of decision.-- (1) Any person considering himselfaggrieved by any order

Kalpataru Agroforest Enterprises Vs. Union of India

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 114 - Order XLVII, Rule 1; Railway Claims Tribunal Act, 1987 - Sections 16, 18(1), 18(3) and 23; Railway Claims Tribunal (Procedure) Rules, 1989 - Rule 32

Reported in : I(2002)ACC680; 2002ACJ680; AIR2002SC1402; 2002(3)ALD1(SC); 2002(2)ALLMR(SC)926; 2002(3)ALT38(SC); JT2002(3)SC16; 2002(3)MhLj1; 2002(4)MPHT103; 2002MPLJ515(SC); 2002(2)SCALE

refer to thefacts in appeal arising out of SLP (C) No. 4413/2001. The appellanttransported bamboo chips through Indian Railways to different millsin India. It is alleged that higher freight was paid by it to the Railwayson the … maintainable in view ofRule 32 of the Railway Claims Tribunal (Procedure) Rules, 1989(hereinafter referred to as 'the Rules') so no relief could be granted tothe … of1995 in the Tribunal under Section 16 of the Railway Claims TribunalAct, 1987 (hereinafter referred to as 'the Act'). The Tribunaldismissed the refund claim on December 10, 1997. The appellantfiled a review petition against that order before