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Shobha Wd/O Suresh Wankhede and ors. Vs. Union of India (Uoi)

Court : Mumbai

Subject : Civil

Acts : Railways Act, 1989 - Sections 123, 124, 124A, 128 and 128(1); Workmen's Compensation Act, 1923; Railways (Amendment) Act, 1994

Reported in : 2003ACJ569; 2002(4)MhLj349

Appeal, it would be necessary at the outset to refer to the provisions of Section 124 of the Railways Act, 1989. Section 124A provides as follows :'124A. Compensation on account of untoward incident.--When in the course of working a railway … to be deducted while computing compensation under Railway Act. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest of accused - Held, A Police

Sumatidevi M. Dhanwatay Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Consumer Protection Act, 1986 - Sections 3; Indian Railways Act, 1989 - Sections 100, 103 and 124A; Constitution of India - Article 21; Railways Act, 1890 - Sections 80

Reported in : AIR2004SC2368; 2004(5)ALLMR(SC)544; 2004(2)AWC2136(SC); 2004(52)BLJR1179; (SCSuppl)2004(4)CHN86; II(2004)CPJ27(SC); JT2004(4)SC537; 2004(4)SCALE607; (2004)6SCC113

advanced that the complaint was not maintainable under the provision of Sections 100 and 103 of the Indian Railways Act, 1989. The State Commission has categorically recorded a finding that there was deficiency in service on the part of … the concerned Bank. An argument was also advanced that the complaint was not maintainable under the provision of Sections 100 and 103 of the Indian Railways Act, 1989. The State Commission has categorically recorded a finding that

Udaipur Cement Works Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Subject : Civil

Acts : Companies Act, 1956; Railway Claims Tribunal Act, 1987 - Sections 13, 13(1), 29(2) and 41(1); Railways act, 1989 - Sections 94

Reported in : AIR2005Raj267; RLW2005(2)Raj1170; 2005(3)WLC125

Tribunal shall have jurisdiction in matters relating to responsibilities of railway administration as Careers under Chapter-VII of the Railways act, 1989 (for short 'the Act of 1989') in respect of the claims for compensation as enumerated in Sub-clause (i) … other charges' are two different components and since the words 'any other charges' have not been used in Section 13 of the Railway Claims Tribunal Act, 1987 (for short 'the Act of 1987'), therefore, the Tribunal can … the service feels aggrieved, he can complain to the Tribunal under Section 41(1)(c) of the Act and have the reasonable rate determined. Even if no

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

Court : Kolkata

Subject : Land Acquisition

ratio laid down in M/S.Modi Industries LTD.(supra).In M/S.Modi Industries LTD.(supra) the Supreme Court has considered the provisions of Section 41 of the Railways Act, 1989 and is of the view that the words ‘is charging’ in clause (b) … 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

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

Court : Supreme Court of India

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 … power to do so, so long as they were not declared illegal and unreasonable by the Tribunal under Section 41 of the Act, were legal and anyone carrying the goods by rail was liable to pay the freight

Union of India (Uoi), South Central Railways Vs. Kurukundu Balakrishna ...

Court : Andhra Pradesh

Subject : Civil

Acts : Railways Act, 1989 - Sections 123(1), 123(2) and 124A; Constitution of India - Article 141; Evidence Act, 1872

Reported in : II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100

was either injured or had died, was entitled to compensation from the Railways under Section 124-A of the Railways Act, 1989, (the Act) is the question that in substance arises for consideration in this reference. Incidentally whether wrongful, careless, … reason to interfere. As no principle has been enunciated, the decision of the Supreme Court in C.C. No. 4123 of 2003 dated 5-5-2003 could not be considered as a law declared within the meaning of Article 141

Gwalior Sugar Co. Ltd., Dabra Vs. Union of India (Uoi) Through General ...

Court : Madhya Pradesh

Subject : Civil

Acts : Railways Act, 1890 - Sections 26, 29, 41 and 41(1); Code of Civil Procedure (CPC) , 1908 - Sections 9

Reported in : AIR1996MP219; 1996(0)MPLJ359

Singh, J. (as he then was), dismissing the appellant/plaintiffs suit as barred by the provisions of the Indian Railways Act, 1989 (repealed by the provisions of the new Act of the same name of the year 1989) for short, … by invoking the jurisdiction of Railway Rates Tribunal, for short, the 'Tribunal', by way of a complaint under Section 41 of the Act. Jurisdiction on the subject-matter of the Civil Court on claim for alleged unreasonable charges for

Chaitram Verma and ors. Vs. Land Acquisition Officer, Raipur and ors.

Court : Madhya Pradesh

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 3, 4, 4(1), 6(3), 5A, 17(4) and 41; Land Acquisition (Amendment) Act, 1984

Reported in : AIR1994MP74; 1993(0)MPLJ572

siding for the cement plant and the said Board granted the said certificate on 6-6-1986. Thereafter, the S.E. Railways was requested to undertake survey for the said siding and submit its report. The S.E. Railways undertook the … thejudgment of the Supreme Court in State of U.P. v. Radheshyam, AIR 1989 SC 682, but it is claimed that for that reason the earlier … the cases indicates that respondent No. 1 on 3-7-91 required the respondent No. 4 to sign agreement under Section 41 of the Act, and hence 3 agreements in relation to lands in 3 villages were signed on 4-7-91.

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

Court : Kolkata

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 … corresponding provisions of this Act; (b) any complaint made to the Railway Rates Tribunal under sub-section (1) of section 41 of the repealed Act but not disposed of before the commencement of this Act and any complaint that

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 … under the rules. If the impugnd charges are standardised terminal charges, the dispute in regard thereto falls outside Section 41 of the Act. If they are charges other than the standardised terminal charges, the jurisdiction of the Tribunal