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Jayakrishna Flour Mills Pvt. Ltd. Vs. Chairman of Railway Board

Court : Chennai

Subject : Land Acquisition

Act, 1989, can only be filed if there is contravention of the provisions of Section 70 of the Railways Act, 1989. Section 70 of the Act prohibits undue preference.39. The railway administration is barred from giving unreasonable preference or advantage … 226 of Constitution of India for issuance of a writ in the nature of Declaration, declaring that the Section 44 of the Railway Act, 1989 insofar as it restricts the power of the 2nd respondent to grant any

Gwalior Sugar Co. Ltd. Vs. Union of India (Uoi) and anr.

Court : Madhya Pradesh

Subject : Civil

Acts : Railways Act, 1890 - Sections 39, 40, 41, 42, 44, 45 and 46B; Code of Civil Procedure (CPC) - Sections 80 - Rule 6; Specific Relief Act - Sections 34

Reported in : 1991(0)MPLJ868

the Railway on which shunting 'trials' were ordered. Legislature has, happily, noticed the lacuna and Section 44, Railway Act, 1989 has provided that the Tribunal may 'direct a refund of amount, if any, as being the excess of … revised, fixing Rs. 11/- per trip in 1958, Rs. 47.70 in 1961 against which, protest was lodged. The Railways replied on 26/28-12-1961 26/28-12-1961 that 'It takes one hour and five minutes for the placement and removal of

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he then was), dismissing the appellant/plaintiffs suit as barred by the provisions of the Indian Railways Act, 1989 (repealed by the provisions of the new Act of the same name of the year 1989) for short, … complaint made to the Railway on which shunting 'trials' were ordered. Legislature has, happily, noticed the lacuna and Section 44, Railway Act, 1989 has provided that the Tribunal may 'direct a refund of amount, if any, as being

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 … Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section

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, … action, and not when he is insane. Crandal v. Accident Ins. Co. of North America, 27 F. 40, 44 Accident Ins. Co. v. Crandal, 7 S.Ct. 685,: 120 U.S. 527:30 L.Ed. 740; Bacon v. U.S. Mut. Ac.

Shree Shyam Agency. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Railways

Acts : Railway Claims Tribunal Act, 1987 - Sections 16, 82A; Railways Act, 1989 - Sections 124A, 61, 62, 87(2); Indian Evidence Act, 1872 - Sections 123,124; General Clauses Act, 1897 - Section 22; Railways (Manner of Delivery of Consignments AND Sale Proceeds in the Absence of Railway Receipt), Rules, 1990

Reported in : (2013)1SCC283

shall also exercise, on AND from the date of commencement of the provisions of section 124A of the Railways Act, 1989 (24 of 1989), all such jurisdiction, powers AND authority as were exercisable immediately before that date by any … application for default or any order passed by it ex parte;i) any other mater which may be prescribed."Rule 44 of the Railway Claims Tribunal (Procedure) Rules, 1989 confers inherent powers on the Tribunal to meet the ends

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. 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 … the basis of a successful claim in the Courts (see Winfield and Jolowicz on Tort, 13th Edn p. 442), and it seems that the rule 'has hardly been taken seriously by modern English Courts', vide Att. Gen.

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

Sati Dass Vs. Union of India and anr.

Court : Delhi

Subject : Land Acquisition

‘untoward incident’ as per the meaning of the expression under Section 123(c) read with Section 124-A of the Railways Act, 1989. It was pleaded by the respondent that the accident happened on account of the negligence and carelessness of