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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 … 2 Ch 186, Eastern and South African Telegraph Co. Ltd. v. Cape Town Tramways Co. Ltd. (1902) AC 381, Hillier v. Air Ministry (1962) CLY 2084, etc. In America the rule was adapted and expressed in the

Union of India Vs. Chairman, U.P.S.E.B. and ors.

Court : Supreme Court of India

Subject : Electricity

Acts : Railways Act, 1989 - Sections 11 (a), (g); Electricity Supply Act, 1948 - Section 43A, 15A, 2(3A), 173, 26A (1); Consumer Protection Act, 1986 ; Electricity Act, 1910 - Section 27D, 9; Electricity Act, 2003 - Section 10 (2)

was very much within the jurisdiction of the Railways, inasmuch as Sections 11 (a) and (g) of the Railways Act, 1989 empower them to carry out such activity and all such necessary works for the purposes of constructing or … maintain or repair any electric traction equipment was very much within the jurisdiction of the Railways, inasmuch as Sections 11 (a) and (g) of the Railways Act, 1989 empower them to carry out such activity and all

Union of India (Uoi) Through General Manager Vs. Ashokbhai Govindbhai ...

Court : Gujarat

Subject : Civil

Acts : Railways Act, 1989 - Sections 123 and 127; Railway Claims Tribunal Act, 1987 - Sections 124(A); Workmen's Compensation Act, 1923 - Sections 3; Motor Vehicles Act, 1988 - Sections 140 and 163A; Public Liability Insurance Act, 1991; Interest Act, 1978 - Sections 3; Code of Civil Procedure (CPC) - Sections 34; Arbitration Act, 1940 - Sections 9; Constitution of India - Article 38(1); Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 - Rule 3

Reported in : (2009)3GLR1845

raised contention before this Court that claimant has not made out any case of amount under provisions of Railways Act, 1989. He also raised contention before this Court that incident is not covered as an untoward incident as defined … also raised contention before this Court that incident is not covered as an untoward incident as defined in Section 123(c)(2) of the Railways Act, 1989. Learned Advocate Mr. Shastri also submitted it was a negligence on part … is wholly irrelevant as to who was at fault.44. In India, Article 38(1) of the Constitution states 'the State shall strive to promote the welfare

Ramakrishna Steel Industries Ltd. Vs. Union of India (Uoi)

Court : Chennai

Subject : Civil

Acts : Railways Act, 1989 - Sections 38, 83, 84 and 99; General Rules - Rule 152

Reported in : I(2001)ACC194

(d) and Clause (h) of Section 46-C'. 16. Section 99 is the corresponding provision under the present Indian Railways Act, 1989 and it is the same as Section 77 of the old Act, except for the omission of Sub-section

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

Court : Supreme Court of India

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 … which is unreasonable, shall hear and decide any such complaint in accordance with the provisions of this Chapter.' Section 38 confers on the Tribunal that 'it shall have the power of a civil court under the CPC, 1908'

Exnora International Rep. by Its General Secretary Vs. the Government ...

Court : Chennai

Subject : Civil

Acts : Tamil Nadu Town and Country Planning Act, 1971; Indian Railways Act, 1989 - Sections 11; Madras City Development Control Rules; Constitution of India - Articles 21, 38, 41, 45A, 47, 48A and 51A

Reported in : (2007)1MLJ353

the learned Counsel for thepetitioner relating to Pallikaranai Marsh has to be rejected.16. Section 11 of the Indian Railways Act, 1989, which enables the construction of Railway on any condition is brought to our notice and the said Section … people (because we will not be able to generate the wealth for this purpose) as required by Article 38 of the Constitution. Without industrialization our people shall also not be able to get work, education, unemployment and

Selvi J. Jayalalitha Vs. State Rep by Addl. Superintendent of Police, ...

Court : Chennai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 -- Sections 91, 147, 173, 227, 239 and 240; Indian Penal Code (IPC), 1860 -- Sections 21, 22, 24, 25, 43, 109, 120, 139, 159, 169, 403, 405, 407, 408, 409, 415 and 420; Prevention of Corruption Act, 1947 -- Sections 5(1) and 13(1); Prevention of Corruption Act, 1988 -- Sections 5; Companies Act, 1956; Constitution of India -- Article 13(3) and 21; Code of Civil Procedure (CPC), 1908 -- Order 21, Rule 73; Cattle Trespass Act, 1871 -- Sections 19; Transfer of Property Act, 1882 -- Sections 136; Railway Act, 1989 -- Sections 83, 84, 85 and 189; General Clauses Act, 1897 -- Sections 3(38)

Reported in : 2001CriLJ3074; 2000(2)CTC116

claiming by or through him, any actionable claims so dealt with by him as aforesaid.'Section 189 of the Railways Act, 1989 says-'Railway servants not to engage in trade.--A railway servant shall not- (a) purchase or bid for, either in

Divisional Railway Manager, Eastern Railway and ors. Vs. Satyajit Maju ...

Court : Kolkata

Subject : ConstitutionService

Acts : Constitution of India - Articles 14, 16, 19 and 38; ;Railways Act, 1890 - Section 148(2); ;Railways (Amendment) Act, 1989 - Section 200; ;Administrative Tribunals Act, 1985 - Sections 3 and 28

Reported in : (1991)2CALLT214(HC)

preceding Indian Railway Act of 1890 was in operation, which has been repealed and replaced by the new Railways Act of 1989 with effect from 1st June, 1990. Section 200 of the Act of 1989, however, provides that … would go a long way to advance, protect and secure social justice and implement the mandate in Article 38 of the Constitution. I would like to agree with them, if I can.4. The cause of action arose

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 … minors in motor vehicle accidents. 09. Appropriate methodology to be adopted to 38 - 5 - NC:2024. KHC:38401 MFA No.11440 of 2011 C/W MFA No.206 … …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

Ningesh Vs. Nanjegowda

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 … minors in motor vehicle accidents. 09. Appropriate methodology to be adopted to 38 - 5 - NC:2024. KHC:38401 MFA No.11440 of 2011 C/W MFA No.206 … …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