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

Court : Kolkata

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 … reasonableness of punitive charges levied under Section 73 is the tribunal.8. By referring me to the provisions of Section 37 Mr. De has argued that from Clause (b) of the section it is clear that the tribunal has

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 provisions of Section 29(2) of the KGST Act and Section 30 of the Act read with Rule 37 of the KGST Rules and all instructions issued by the Commissioner of Commercial Taxes which have statutory force

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

Court : Rajasthan

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 … enough to cover entire dispute sought to be raised in the present writ petition. The exclusion clauses of Section 37 of the Act are not applicable In the present case. Of course, the challenge to the validity of

Durgesh Coal and Others Vs. Northern Railway, New Delhi and Others

Court : Allahabad

Subject : Miscellaneous

Acts : Indian Railways Act, 1989 - Sections 2, 2(37), 27, 64, 65(2), 72(1), (2) and (4), 73, 78 and 79; Railways (Punitive Charges for Overloading of Wagon) Rules, 1990 - Rule 3; Indian Railways Conference Association Tariff Rules - Rule 702; Constitution of India - Article 226

Reported in : 2000(2)AWC1682

the production of railway receipts, etc. Civil - over loading - Sections 73, 78 and 79 of Indian Railways Act, 1989, Rule 3 of Railways (Punitive Charges for Overloading of Wagon) Rules, 1990 and Rule 702 of Indian Railways … the petitioners, could not demand penal freight amounting to Rs. 55 lacs as they have not complied with Section 73 of Indian Railways Act. Support has also been sought to be derived from a judgment dated 20.9.1994

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

Court : Chennai

Subject : Land Acquisition

two stations at a rate which is unreasonable (OR) (c) Levy any other charge which is unreasonable. Whereas Section 37 of the Railways Act, 1989 deals with the matter which are not within the jurisdiction of the Tribunal.25. … 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

M/s. Goodearth Agro Chem Pvt. Ltd. and Another Vs. The Container Corpo ...

Court : Mumbai Nagpur

Subject : Education

liable to pay penalty and other associated charges. He found that provisions of Sections 66 and 83 of Railways Act, 1989 enable Container Corporation to claim the same from M/s. Goodearth. He accordingly found penal charges payable at Rs.9,07,327.80. … the petitioners jointly and severally liable to pay penalty and other associated charges. He found that provisions of Sections 66 and 83 of Railways Act, 1989 enable Container Corporation to claim the same from M/s. Goodearth. He

S.K. Sarawagi and Company Private Ltd. and Anr. Vs. Union of India and ...

Court : Kolkata

Subject : Land Acquisition

Railway authorities is subsequent to the stacking happening. The same would therefore not come within the purview of Section 37 of the Railways Act, 1989 in view of the ratio laid down in M/S.Modi Industries LTD.(supra).In M/S.Modi Industries … that the writ petitioner has no other alternative remedy against the order impugned. The Tribunal established under the Railways Act, 1989 has no jurisdiction to determine the instant proceedings. In support of such contention reliance is placed on 1973

S. K. Sarawagi and Co. Pvt. Ltd. Vs. Union of India and Ors.

Court : Kolkata

Subject : Land Acquisition

to the stacking happening. The same would, therefore, not come within the purview of Section 37 of the Railways Act, 1989 in view of the ratio laid down in Union of India versus M/S.Modi Industries Limited, reported in (1973)

Brahm Dev Gupta Vs. Container Corporation of India and Anr

Court : Delhi

Subject : Land Acquisition

Act). This FN contained the terms and conditions which clearly mentioned that the terms were governed by the Railways Act, 1989. Any loss or damage, if caused to the cargo shall be dealt with under the said Act. It … or non-delivery of such consignment shall not exceed the value so declared.” 37 The Carriers Act of 1865 already stands repealed. The defendant being a … at ICD, Tughlakabad are booked by rail by a shipping company by executing a forwarding note (FN) under Section 64 of the Indian Railway Act (hereinafter referred to as the said Act). This FN contained the terms

Lakshminarayanappa @ Moogappa Vs. M/s Royal Sundaram Allianz Ins Co Lt ...

Court : Karnataka

Subject : Land Acquisition

2nd Method of determining compensation - 58 by applying the criteria for compensation awarded for accidents under the Railways Act, 1989. 11.1 Table 2 - lumpsum compensation 60 determined per the Railways Act by compounding the inflation rates.12. The … in fact, recognised that the said sum can’t be the real - 37 - NC:2024. KHC:38401 MFA No.11440 of 2011 C/W MFA No.206 of 2018 … …RESPONDENTS (BY SRI. C.R.RAVISHANKAR., FOR SRI. K.SURYANARAYANA RAO, ADVOCATE FOR R-1; R-2 SERVED) THIS MFA IS FILED UNDER SECTION1731) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:24.09.2011 PASSED BY THE M.V.C.No.5467/2010 ON THE FILE OF XXII