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Mar 27 2013

Jayakrishna Flour Mills Pvt. Ltd. Vs. Chairman of Railway Board

Court : Chennai

Decided on : Mar-27-2013

Subject : Land Acquisition

of this Court remitted the matter to the Forum having jurisdiction to try these kinds of dispute under Section 36 of the Railways Act, 1989. The cases filed by petitioner have been now renumbered as Complaint Nos.4, 5, … 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

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Aug 20 2015

M/s. Kumaraswamy Mineral Exports and Another Vs. The Commercial Manage ...

Court : Karnataka Dharwad

Decided on : Aug-20-2015

Subject : Land Acquisition

the present writ petition is misconceived and is not maintainable. That in terms of Section 36 of the Railways Act, 1989, any complaint as regards the Railway administration charging for the carriage of any commodity between two stations, at

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Apr 29 2009

Bhagaban Dey Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Apr-29-2009

Subject : Civil

Acts : Railways Act, 1989 - Sections 30, 33, 36, 37, 43, 48, 70, 72(2), 72(3), 72(4), 73, 78, 79, 82 and 83

Reported in : AIR2010Cal13

Mr. Das, Counsel for the respondents, in view of the provisions of Sections 33 and 36 of the Railways Act, 1989, against the demands the petitioner's remedy, if any, is only before the Tribunal. He has relied on Jagit … it was functioning at the date of institution of the writ petition and it is functioning at present. Section 36 of the Railways Act, 1989 provides as follows:36. Complaints against a railway administration.-Any complaint that a railway administration:(a)

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Dec 16 1993

Hindalco Industries Ltd. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Dec-16-1993

Subject : Civil

Acts : Constitution of India - Article 136; Code of Civil Procedure (CPC) - +, 1908 - Sections 9 - Order 2, Rule 2 - Order 7, Rule 7; Railways Act, 1989 - Sections 36, 38 and 38(2)

Reported in : 1993(4)SCALE666; (1994)2SCC594; [1993]Supp3SCR964

the consequential inflated rated was at 55%. The appellant, therefore, laid the complaint under Section 36(b) of the Railways Act 24 of 1989, for short, the Act', seeking:(i) to declare that the rates at present charged for Bauxite

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May 07 2008

Rajasthan State Mines and Minerals Ltd. Vs. Union of India (Uoi) and o ...

Court : Rajasthan

Decided on : May-07-2008

Subject : Civil

Reported in : RLW2009(1)Raj46

Railways (Punitive Charges for Over-riding of Wagons) Rules, 2004 framed under the provisions of Section 73 of the Railways Act, 1989 and framed in supersession of earlier Rules of 1990 prevailing in this regard.2. The petitioner had initially laid … the issue of availability of alternative remedy by way of raising dispute by way of a complaint under Section 36 and 37 of the Act before the Railway Rates Tribunal, the learned Counsel for the petitioner submitted that

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May 12 2015

Bagadiya Brothers Pvt. Ltd. and Anr. Vs. Union of India and Ors.

Court : Kolkata

Decided on : May-12-2015

Subject : Land Acquisition

Central government under the Indian Railways Act, 1890. The Indian Railways Act, 1890 has been repealed by the Railways Act, 1989. Section 200 of the Railways Act, 1989 deals with repeal and saving. Section 200 of the Railways Act, 1989

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Aug 16 2016

The General Manager, Union of India owning Western Railway, Mumbai and ...

Court : Chennai

Decided on : Aug-16-2016

Subject : Land Acquisition

invoked the jurisdiction of the Railway Rates Tribunal, Madras, by filing a complaint under section 36[c] of the Railways Act, 1989. In the complaint, it is averred among other things that the revised guidelines are patently and ex-facie unreasonable

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Aug 20 2015

M/S Kumaraswamy Mineral Exports Vs. The Commercial Manager South Weste ...

Court : Karnataka Dharwad

Decided on : Aug-20-2015

Subject : Land Acquisition

the present writ petition is misconceived and is not maintainable. That, in terms of Section 36 of the Railways Act, 1989, any complaint as regards the Railway administration charging for the carriage of any commodity between two stations, at

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Jul 19 2016

M/s. Krishnapatnam Port Company Limited, Hyderabad Vs. The Union of In ...

Court : Chennai

Decided on : Jul-19-2016

Subject : Land Acquisition

the complaint. According to them, the complainant does not come under the purview of Section 36(c) of the Railways Act, 1989. He further submitted that the coal does not absorb water and hence the contention of the complainant that

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Mar 21 2024

Union Of India Vs. M/s Indian Oil Corporation Ltd

Court : Supreme Court of India

Decided on : Mar-21-2024

Subject : Land Acquisition

ANALYSIS .............................................................................................. 22 i. Relevant Statutory Scheme and Provisions .............................................. 22 ii. Scope of Section 106 of the Railways Act, 1989 ........................................ 29 a. What is meant by an “Overcharge”?. ....................................................... 35 b. Concept of an ‘Overcharge’ and an … of the same genus of or class as a charge; it Civil Appeal No(s). 1891-1966 of 2024 Page 36 of 95 cannot be any other kind of money such as money recovered where nothing is due. Overcharge

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