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T.S.T. Kaznavi Vs. Tamil Nadu Electricity Board Rep. by Its Chairman,

Court : Chennai

Subject : Property

Acts : Land Acquisition Act; Electricity Act, 2003 - Sections 2(17), 2(28), 2(29), 2(32), 2(67), 2(72), 2(73), 2(77), 39(1), 67(2), 68, 164, 173, 174, 175, 185 and 185(2); Indian Telegraph Act, 1885 - Sections 10, 16, 16(1) and 16(3); Electricity Act, 1910 - Sections 2, 12 to 19 and 51; Electricity (Supply) Act, 1948 - Sections 42 and 51; Consumer Protection Act, 1986; Atomic Energy Act, 1962; Railways Act, 1989; The Works of Licensees Rules, 2006; Electricity Regulatory Commission Act, 1998; Indian Penal Code (IPC), 1860 - Sections 188

Reported in : (2008)2MLJ703

the Act, which relates to the Consumer Protection Act, 1986 or the Atomic Energy Act, 1962 or the Railways Act, 1989. The provisions are also stated to be in addition to and not in derogation of other laws, under … Act.2. The Tamil Nadu Electricity Board has filed counter affidavit. According to the respondent Electricity Board, as per Sections 164 and 185(2)(a) of the Electricity Act, 2003, the Board has the power of the 'Telegraph Authority' under … by the Government Company specified by the State Government as per Section 39(1) of the Electricity Act, 2003. In that way he would distinguish the

Smt. M. Chandravathi and anr. Vs. Union of India (Uoi)

Court : Karnataka

Subject : Civil

Acts : Railways Act, 1989 - Sections 124, 124A and 125; ;Indian Railways Act, 1890 - Sections 82A, 82A(2) and 82C; ;Railway Claims Tribunal Act, 1987 - Sections 13, 13(1), 13(1A), 13I, 16, 17(2), 24, 123, 124 and 124A; Limitation Act - Sections 5; ;Railway (Amendment) Act, 1994 - Sections 124(A); Indian Railways Rules; ;Punjab Pre-emption Act, 1913; Haryana Pre-emption (Amendment) Act, 1995 - Sections 15; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1); Industrial Disputes Act, 1947 - Sections 17B; Motor Vehicles Act, 1988 - Sections 140 and 217; Motor Vehicles (Amendment) Act, 1998; Motor Vehicles Act, 1939 - Sections 92A

Reported in : III(2005)ACC322; 2005ACJ1465; ILR2005KAR3671

Claims Tribunal rejecting the claim made by them seeking compensation under the provisions of Section 125 of the Railways Act, 1989, read with Section 123(c), 124 and 124(A) and Section 17(2) of the Railway Claims Tribunal Act, 1987.2. Relevant … the right is recognised by law and can be allowed to be defeated within the parameters of law. 39. In this view of the matter, apart from the fact that the facts involved in the decision rendered

Union of India (Uoi) Vs. Rajkot Municipal Corporation

Court : Gujarat

Subject : Municipal Tax

Acts : Constitution of India - Article 285 and 285(1); Bombay Provincial Municipal Corporation Act, 1949 - Sections 127, 129, 130, 131 and 132; Bombay Provincial Municipal Corporation Rules - Rules 39, 40 and 45(1); ;Railways Act, 1890 - Sections 135, 135(1) and 135(4); Railways (Amendment) Act, 1989 - Sections 184(1) and 184(4)

Reported in : AIR2003Guj87; (2002)3GLR904

the property occupied by the railway is concerned, there was no notification issued under Section 184(1) of the Railways Act, 1989, which corresponded to Section 135(1) of the Act of 1890. According to the petitioner, there was also no … Annexure 'A' recited that it was issued in respect of the property tax and water tax under Rules 39 and 40 of the Schedule of Chapter 8 of the said Act. It appears from the statement attached

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 … none of these recommendations have so far been implemented, with the exception of that related to defective products). 39. In India the landmark Constitution Bench decision of the Supreme Court in M. However, in our opinion the

T.Bhuvaneswari Vs. District Collector Cum District Magistrate of Erode ...

Court : Chennai

Subject : Land Acquisition

with any other provisions of the Consumer Protection Act, 1986 or the Atomic Energy Act, 1962 or the Railways Act, 1989.174. Act to have overriding effect.--Save as otherwise provided in Section 173, the provisions of this Act shall … for the public purpose and it cannot be said that there is any embargo on the Board under Section 39 of the Electricity Act, 2003. This is so because the Tamil Nadu Electricity Board can be considered not

Medical Council of India Vs. P.Divya

Court : Chennai

Subject : Education

to the expression accidental falling of any passenger from a train carrying passengers in Section 123(c) of the Railways Act, 1989, this Court would be depriving a large number of railway passengers from receiving compensation in railway accidents.57. Treating … The relevant provisions dealing with the definition of disability, locomotory disability under the Disabilities Act as well as Section 39 of the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to

Union of India (Uoi), Secunderabad Vs. B. Koddekar and anr.

Court : Andhra Pradesh

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 18, 23, 123(C) and 124(A); Railways Act, 1989 - Sections 2, 123 and 124A; Terrorist and Disruptive Activities Prevention Act, 1987 - Sections 3(1); Evidence Act, 1872 - Sections 123 and 124; Motor Vehicles Act, 1988 - Sections 140

Reported in : 2003ACJ1286; AIR2003AP23; 2002(4)ALT310

persons could be held to be an untoward incident falling within the ambit of Section 123(c) of the Railways Act, 1989 ? 2) Whether the applicants-respondents in these appeals are entitled for compensation under Section 124A of the Railways

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 … consider the common question of law and thereafter deal with the factual contentions raised in each case separately.2. Section 124 of the Railways Act, 1989 provides for liability of Railway administration for loss occasioned by the death

Pabitra Kumar Dutta and ors. Vs. General Manager, Eastern Railway and ...

Court : Kolkata

Subject : ConstitutionCommercial

Acts : Railways Act, 1989 - Section 147; ;Constitution of India - Articles 14, 19 and 21

Reported in : AIR2006Cal157

empowered to remove the persons concerned from the railway in exercise of powers available under provisions of the Railways Act, 1989, Section 147. They were not under any obligation to initiate any proceedings under any other provision of law for … railway that in view of the changed policy decision of the railway board circulated by commercial circular No, 39 of 2004 dated October 29th, 2004, the senior divisional commercial manager was fully justified in issuing the impugned

Damodar Valley Corporation Vs. Central Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

Subject : MRTP

inconsistent with any other provisions of the Consumer Protection Act, 1986 or the Atomic Energy Act or the Railways Act, 1989. In other words, Section 173 specifically allows Consumer Protection Act, Atomic Energy Act and the Railways Act to … be ignored, being contrary to Section 40 of the DVC Act. On parity of reasoning, Sections 38 and 39 of the DVC Act that deal with payment of interest and interest charges and other expenses to be