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Mar 14 2013

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

Court : Supreme Court of India

Decided on : Mar-14-2013

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) … Sections 3(1)(i), 3(2), 3(3), 3(4), 3(5), the MCOCA, read with Sections 10, 13, 16, 17, 18, 19, 20, 40 of Unlawful Activities (Prevention) Act, 1967, read with Sections 6, 9B of the Explosives Act, 1884, read with

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Jan 16 2014

Sarowari Devi Vs. Union of India

Court : Patna

Decided on : Jan-16-2014

Subject : Criminal

Tribunal, Patna Bench in Claim Application No. 0A9800102 by which the claim application filed under Section 125of the Railways Act, 1989 read with Section 16 of the Railway Claims Tribunal Act, 1987 has been dismissed on the ground that … (3) T.A.C. 349 (Cal.), Union of India v. Prabhakaran Vijaya Kumar and Ors., reported in 2008 (4) PLJR 40 (SC), Smt. Akhtari Begum v. Union of India, reported in 2008 (1) PLJR 627, and Smt. Kaushalaya Devi

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Aug 24 2011

South Central Railway Vs. Suchi Singh and Others

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Aug-24-2011

Subject : Land Acquisition

and other items in the theft that said to have taken place. By virtue of Section 2(32) of Railways Act, 1989 each zone of the railways has to be impleaded, and that complainant cannot claim deficiency in service on … responsibility of the railways in General Manager, Southern Railway v. Mrs. A. Shameem, reported in I (2004) CPJ 40 (NC). It was observed that: “We have examined the Clause 100, but find the immunity given is in

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Sep 19 2002

Union of India (Uoi) Vs. Rajkot Municipal Corporation

Court : Gujarat

Decided on : Sep-19-2002

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 … 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 to that

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Mar 20 2006

Union of India (Uoi) Vs. Nilkanth Tulsidas Bhatia and 7 ors.

Court : Gujarat

Decided on : Mar-20-2006

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 113, 114, 115, 119, 122, 141, 150 and 153; Indian Penal Code (IPC) - Sections 120B, 147, 148, 149, 153A, 164, 302, 307 and 436; Prevention of Terrorists Act, 2002 - Sections 32; Commissions of Inquiry Act, 1952 - Sections 2, 3, 3(1), 3(4), 5(2), 5(5) and 11; Government of India Act, 1935 - Sections 100; The Madras Agriculturists Relief Act, 1938; Negotiable Instruments Act, 1881; Parent Act - Sections 119; Criminal Law; Constitution of India - Articles 73 and 226; Statutory Investigation into Railway Accidents Rules, 1998 - Rules 2(6) and 4

Reported in : (2006)2GLR952

read with Section 120B of the Indian Penal Code and Sections 141, 150 and 153 of the Indian Railways Act, 1989. Later on, the provisions of the Prevention of Terrorists Act, 2002 were also invoked and after filing of … the fire caused in the S-6 coach of Sabarmati Express near the Godhra Railway Station and more than 40 passengers sustained injuries. Criminal complaints came to be filed being CR Nos. 9 and 10 of 2002 at

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Mar 17 2005

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

Court : Karnataka

Decided on : Mar-17-2005

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 Claims Tribunal by virtue of enacting Section 13 and Section 24 by Railway Claims Tribunal Act, 1987. 40. The Railway Claims Tribunal Act, 1987, is enacted by Act 54 of 1987 with effect from 23.12.1987. The

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Mar 06 2014

Champa Devi Vs. Union of India Through General Manager, Northern R

Court : Delhi

Decided on : Mar-06-2014

Subject : Land Acquisition

a ‘train carrying passengers’ as per the meaning of the expression as found in Section 123(c) of the Railways Act, 1989 and therefore there is no untoward incident for the Railways to be fastened with the liability of compensation.

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Aug 12 1988

Union of India (Uoi) Vs. M. Thankaraj and Etc. Etc.

Court : Kerala

Decided on : Aug-12-1988

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 … in the schedule or referred in sub-Rule (2) was enhanced from Rs. 40,000/- to Rs. 80, 000/-. Rule 4 provides for a limit of compensation

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Jun 07 2002

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

Court : Andhra Pradesh

Decided on : Jun-07-2002

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 … The Tribunal observed, on perusal of Ex.D.1, the Guard of the train reported that one male person aged 40 suddenly tried to enter into the train while the train is in motion and fell down between the

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Apr 25 2011

Ajay Tirkey. Vs. the State of Jharkhand.

Court : Jharkhand Ranchi

Decided on : Apr-25-2011

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 143, 147, 148, 341, 323, 325, 307, 353, 34; Railway Act - Sections 145, 146, 147; Code of Criminal Procedure (CrPC) - Section 162

the Special Court of Railway Judicial Magistrate having territorial jurisdiction. Accordingly, the case for the offence alleged under Railways Act against the accused by filing a complaint was lodged before the Special Court of Railway Judicial Magistrate and … was lodged on 04.08.2008 before the Railway Judicial Magistrate, Ranchi under Sections 145/146 and 147 of the Railway Act, 1989.3. Learned Counsel Mr. Pratius Lala submitted that for the same set of occurrence a different case giving rise … P.S. Case No.125 of 2008 on 04.08.2008 for the alleged offence under Sections 143/147/148/341/323/325/307/353/34 of the Indian Penal Code which was numbered as G.R.No.2976 of … all the four named accused including the petitioner Ajay Tirkey along with 40-50 accomplice males and females variously armed with sticks, bamboos and iron rods

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