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Union of India (Uoi) Vs. Q.S. Shipchandler and ors.

Court : Mumbai

Subject : Civil

Acts : Railways Act, 1989 - Sections 43; Consumer Protection Act, 1986 - Sections 17

Reported in : 2002(2)ALLMR890; 2002(3)BomCR430; (2002)3BOMLR671; 2002(2)MhLj896

Tribunal, as there is a bar of jurisdiction as per the provisions of Section 43 of the Indian Railways Act, 1989. Mr. Samant for petitioner has further submitted that the impugned Judgment is dated 25th September, 1990 and after

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

is to say, it is not the case here that over the subject-matter the tribunal has exclusive jurisdiction. Section 43 of the Railways Act, 1989, however, provides as follows:43. Bar of jurisdiction of Courts.- No suit shall be … 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

R. Sai Bharathi Vs. J. Jayalalitha and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Companies Act, 1956; Indian Stamp Act - Sections 47A; Indian Penal Code (IPC) - Sections 43, 109, 119, 120B, 169, 175, 176, 177, 179, 181, 191, 202, 221, 222, 223, 225, 405, 409 and 420; Prevention of Corruption Act - Sections 13(1) and 13(2); Prevention of Undervaluation of Instruments Rules - Rules 2, 3, 4, 6 and 7; Tamil Nadu Stamp Act; Indian Trust Act, 1882 - Sections 52; Transfer of Property Act, 1882 - Sections 136; Code of Civil Procedure (CPC) - Order 21, Rule 73; Constitution of India - Articles 73, 136, 154, 162 and 309; Railways Act, 1989 - Sections 189; Cattle Trespass Act, 1871 - Sections 19; Code of Criminal Procedure (CrPC) - Sections 481

Reported in : 2004CriLJ286; 2003(4)CTC577; JT2003(9)SC343; 2003(10)SCALE68b; (2004)2SCC9

it, it becomes an offence under Section 169 IPC. Section 481 Criminal Procedure Code, Section 189 of the Railways Act, 1989 and Section 19 of the Cattle Trespass Act, 1871 and instances of that nature in several enactments are … The words 'legally bound' do not necessarily only mean the law made by the legislature or statutory law. Section 43 IPC contains a definition of a person being legally bound to do, that is, a person is stated

Delhi Metro Rail Corporation Limited Vs. Municipal Corporation of Delh ...

Court : Delhi

Subject : Direct Taxation

Acts : Companies Act, 1956 - Sections 617; Delhi Municipal Corporation Act, 1957; Railways Act, 1989 - Sections 2(20), 2(25), 2(31), 2(32) and 184; Metro Railways (Construction of Works) Act, 1978 - Sections 2(2) and 43; Delhi Metro Railway (Operation and Maintenance) Act, 2002 - Sections 2(2), 2(P) and 104; Indian Railways Act, 1890 - Sections 3(4); General Clauses Act, 1879 - Sections 8(1); Uttar Pradesh Sales Tax Act - Sections 28(A); Central Excise and Salt Act, 1944

Reported in : 150(2008)DLT367; 2008(103)DRJ369

below, 1978 Act and 2002 Act, are in addition to and not in derogation of the 1989 Act.13. Section 43 of the 1978 Act reads as under:43. Application of the Indian Railways Act, 1890.- Save as otherwise provided … decide the question whether the petitioner is liable to pay tax in view of Section 184 of the Railways Act, 1989 (hereinafter referred to as the 1989 Act, for short). After remand, the Additional Assessor and Collector passed another

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

Court : Kolkata

Subject : Land Acquisition

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 … account of freight charges. The question of lack of jurisdiction was raised therein. Such contention was based on Section 43 of the Act of 1989. It has been held that the bar of jurisdiction mentioned in Section 43

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 … answer the said charge under Section 169, I.P.C., there must be a prima facie case against the petitioner.31. Section 43 I.P.C. says the meaning of the word 'illegal' includes:-(i) everything which is an offence; (ii) everything which prohibited

Divisional Railway Manager/Commercial, Southern Railway (Thycord) and ...

Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh

Subject : Right to Information

the case on merit and referred to the relevant provisions of Section 51(1) and Section 61 of the Railways Act, 1989 and held, inter alia, as under: “.....The O.Ps. have tried to rely on the rules framed under Section … be made to the case of Laxmi Vilas Bank Ltd. v. P.P. Krishnan and Anr., I (1995) CPJ 43 (NC). 22. So far as the case of complainant, Shri Raj Kumar Sharma is concerned, a sum of

Nkgsb Cooperative Bank Limited Vs. Subir Chakravarty

Court : Supreme Court of India

Subject : Land Acquisition

Psychotropic Substances Act, 1988; Section 93 (“by an officer or authority subordinate to the Central Government”) of the Railways Act, 1989; Section 6 (“such other officer subordinate to the Director General”) and Section 15 (“an officer subordinate to the Director … 19 Sections 24A and 24B (“any such officer subordinate to the Central Government or a State Government”) and Section 43 (“such officer or authority subordinate to the Central Government” and “such officer or authority subordinate to the State

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

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,