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TahazhaThe Purayil Sarabi and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Civil

Acts : Railways Act, 1989 - Sections 123, 123(2), 124, 124A and 127; Motor Vehicles Act, 1988 - Sections 166; Code of Civil Procedure (CPC) , 1908 - Sections 34 - Order 11, Rule 2; Interest Act, 1978 - Sections 3; Railway Claims Tribunal Act, 1987 - Sections 16; Negotiable Instruments Act, 1881; Banking Companies (Acquisition and Transfer of Undertakings) Act 1970; Arbitration Act, 1940 - Sections 9; Indian Penal Code (IPC) - Sections 392

Reported in : 2009ACJ2444; AIR2009SC3098; 2009(4)AWC3171(SC); JT2009(8)SC515; 2009(8)SCALE545; (2009)7SCC372; 2009AIRSCW4984

order dated 26th March, 2007, allowed the application in part and in terms of Section 123(c) of the Railways Act, 1989, directed the Union of India and its authorities to pay to the appellants herein compensation of Rs. 4 … the High Court upon reference to the provisions of Section 166 of the Motor Vehicles Act, 1988 and Section 34 of the Civil Procedure Code.10. In the case of Dr. K.R. Tandon v. Om Prakash and Anr. :

Union of India (Uoi) Vs. Konduru Venkata Reddy

Court : Andhra Pradesh

Subject : Motor Vehicles

Acts : Railways Act, 1989 - Sections 123, 123(C)(2), 124, 124A, 125, 126, 127, 128, 128(1) and 129; Workmen's Compensation Act, 1923; Motor Vehicles Act, 1988 - Sections 140 and 171; Consumer Protection Act, 1986 - Sections 14; Interest Act, 1978; Code of Civil Procedure (CPC) - Sections 34, 34(1) and 34(2)

Reported in : 2009ACJ1765; AIR2008AP211; 2008(5)ALD272; 2008(5)ALT172

with it.6. At the outset, it would be relevant to take note of the relevant provisions of the Railways Act, 1989, (for short 'the Act') regarding liability of the railway administration to pay compensation on account of death or … v. M. Thankaraj : AIR2000Ker91 and Gudisela Rajamma v. Union of India : 2002(4)ALD632 , has held that Section 34 of CPC is not directly applicable, and there is nothing in the Railways Act disabling the Tribunal from

State of MaharashtrA. Vs. Kamal Ahmed Mohammed Vakil Ansari and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Indian Penal Code (IPC), 1860 - 302, 307, 326, 427, 436, 20A, 120B, 123, 124, 34; ndian Explosives Act; Prevention of Damage to Public Property Act; Indian Railways Act, 1989 - Sections 151, 152, 153, 154; Unlawful Activities (Prevention) Act, 1967 - Sections 10, 13, 16, 17, 18, 19, 20, 40; Maharashtra Control of Organised Crime Act, 1999 - Sections 3(1)(i), 3(2), 3(4); Passports Act, 1967 - Section 12(1)(c); Indian Evidence Act, 1872 - Sections 6, 11, 5 to 16, 26, 30, 30(b), 31

the Prevention of Damage to Public Property Act, 1984, read with Sections 151, 152, 153, 154 of the Railways Act, 1989, read with Section 12(1)(c) of the Passports Act, 1967.3. The prosecution case (in Special Case No.21 of 2006) … 302, 307, 326, 427, 436, 20A, 120B, 123 and 124 of the Indian Penal Code, 1860 read with Section 34 of the Indian Penal Code. The accused-respondents were also charged with offences under the Indian Explosives Act, the

K. Kamalaveni, Minor Moorchika Rep., by Her Mother and Natural Guardia ...

Court : Chennai

Subject : Labour and Industrial

Acts : Workmen's Compensation Act, 1906 - Sections 2(1), 12, 12(1) and 12(2); Indian Railways Act, 1989 - Sections 2(34); Plantations Labour Act, 1951 - Sections 15

Reported in : III(2004)ACC651; 2005ACJ443; (2004)IIILLJ682Mad; (2004)3MLJ468

trade or business) who is - (i) a railway servant as defined in section 2(34) of the Indian Railways Act, 1989 (24 of 1989), not permanently employed in any administrative, district or sub-divisional office of a railway and not

Union of India (Uoi) Vs. Santi Ranjan Dutta

Court : Kolkata

Subject : Civil

Acts : Indian Railways Act, 1890 - Section 82(B), 82(D), 82F, 200; ;New Railways Act, 1989; ;Railways Claims Tribunal Act, 1987 - Sections 13, 23 and 34; ;Workmen's Compensation Act; ;Motor Vehicles Act, 1939; ;Central General Clauses Act - Section 8; ;Probation Act - Section 18; ;Code of Civil Procedure (CPC) - Order 41 Rules 11

Reported in : 2009ACJ2398,AIR2008Cal106,2008(2)CHN985

of enquiring into and determining any claim by the Tribunal under the Act of 1987. Subsequently, the new Railways Act, 1989 was enacted and by Section 200 thereof, the Indian Railways Act, 1890, as it then stood, was repealed.5. … to the enquiry into and determination of any claim by the Claims Tribunal under the said Act. By Section 34 of the Railway Claims Tribunal Act, 1987, the Sections 82(B), 82(D) and 82(F) of the Railways Act, 1890

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 … in Union of India v. Smt. Laxmipati, AIR 1995 Madh Pra 90. It was held that even if Section 34 of C. P. C. has not been expressly made applicable to the proceedings before the Commissioner under the

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 … of its judicial discretion and can award interest on the compensation amount taking into consideration the provisions under Section 34 of the Civil Procedure Code. The Civil Procedure Code lays down the procedure to be adopted in civil

Rajesh Anil and ors. Vs. State of Kerala and anr.

Court : Kerala

Subject : Criminal

Acts : Railways Act, 1989 - Sections 2(34), 137, 141 to 147, 150 to 157, 160 to 162, 164, 166, 168, 172 to 175, 179, 180D, 180E and 180F; Code of Criminal Procedure (CrPC) , 1974 - Sections 2, 167, 167(1), 190, 190(1), 192, 200, 202, 202(1), 202(2), 460, 461, 465, 465(2) and 482

Reported in : 2009CriLJ845

Matched in: Advocate V.V. Surendran and; P.A. Harish, Advs. Jai George, Public Prosecutor for Respondent No. 1 and; Alexander Thomas, S.C. for Railways for Respo

Smt. Jaidevi Ganesh Bind and ors. Vs. Union of India (Uoi)

Court : Mumbai

Subject : Labour and Industrial

Acts : Workmen's Compensation Act - Sections 2(1); Indian Railways Act, 1989 - Sections 2(34)

Reported in : 2008ACJ412; 2007(5)ALLMR783; 2007(6)BomCR329; [2007(114)FLR1061]; 2007(4)MhLj121

railway Porter/Hamal is a workman under Section 2(1)(n)(i) of Workmen's Compensation Act r.w. Section 2(34) of the Indian Railways Act, 1989 ' (ii) Whether being run over by a train perse shows death in the course of employment' (iii)

Sivadasan Vs. State

Court : Kerala

Subject : Criminal

Acts : Railway Protection Force Act, 1957 - Sections 10 and 20(3); Indian Railways Act, 1890; Railways Act, 1989 - Sections 2(34); Code of Criminal Procedure (CrPC) - Sections 197 and 239; Indian Penal Code (IPC) - Sections 34 and 392

Reported in : 2005(2)KLT225

that the revision petitioners were not on duty on the day of the incident. Section 2(34) of the Railways Act, 1989 defines 'railway servant' as any person employed by the Central Government or by a railway administration in connection