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TahazhaThe Purayil Sarabi and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Civil

Acts : Railways Act, 1989 - Sections 123, 123(2), 124, 124A and 127; Motor Vehicles Act, 1988 - Sections 166; Code of Civil Procedure (CPC) , 1908 - Sections 34 - Order 11, Rule 2; Interest Act, 1978 - Sections 3; Railway Claims Tribunal Act, 1987 - Sections 16; Negotiable Instruments Act, 1881; Banking Companies (Acquisition and Transfer of Undertakings) Act 1970; Arbitration Act, 1940 - Sections 9; Indian Penal Code (IPC) - Sections 392

Reported in : 2009ACJ2444; AIR2009SC3098; 2009(4)AWC3171(SC); JT2009(8)SC515; 2009(8)SCALE545; (2009)7SCC372; 2009AIRSCW4984

order dated 26th March, 2007, allowed the application in part and in terms of Section 123(c) of the Railways Act, 1989, directed the Union of India and its authorities to pay to the appellants herein compensation of Rs. 4 … Appellant No. 2 and Rs. 50,000/- was allotted to the Appellant No. 3. The Railway Claims Tribunal granted 45 days' time to the respondents herein to comply with the order for payment of the compensation amount, failing

Indian Airlines Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Labour and Industrial

Acts : Air Corporations Act, 1953 - Sections 2, 7, 45 and 45(2); Industrial Employees (Standing Orders) Act, 1946 - Sections 5, 6 and 13B; Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 - Sections 8; Payment of Wages Act, 1936 - Sections 2; Payment of Wages (Amendment) Act, 1964; Land Acquisition Act, 1894; General Clauses Act - Sections 8; Factories Act, 1934; United Provinces Shops and Commercial Establishment Act, 1947; Coal Mines Provident Fund and Bonus Schemes Act, 1948; Indian Mines Act, 1923; Uttar Pradesh Sales Tax Act, 1948; Indian Railways Act, 1890; Railways Act, 1989; Prevention of Corruption Act, 1947; Constitution of India - Article 141; Indian Penal Code

Reported in : 2006(3)SLJ461(Delhi)

Court has held that the expression 'Railways' defined in U.P. Sales Tax Act, 1948 with reference to Indian Railways Act, 1890 has to be construed with reference to re-enacted Railways Act, 1989.21. In the three judgments mentioned above, … a corporation under the Air Corporations Act, 1953 (hereinafter referred to as the Air Act, for short).2. Under Section 45 of the Air Act, the petitioner had framed regulations relating to terms and conditions of service of its

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 … warrant was issued in respect thereof for recovery of the aforesaid dues. The order was made under Rule 45(1) of Chapter 8 of the Schedule to the Bombay Provincial Municipal Corporation Act, 1949. The impugned bill at

Union of India (Uoi) Through General Manager Vs. Ashokbhai Govindbhai ...

Court : Gujarat

Subject : Civil

Acts : Railways Act, 1989 - Sections 123 and 127; Railway Claims Tribunal Act, 1987 - Sections 124(A); Workmen's Compensation Act, 1923 - Sections 3; Motor Vehicles Act, 1988 - Sections 140 and 163A; Public Liability Insurance Act, 1991; Interest Act, 1978 - Sections 3; Code of Civil Procedure (CPC) - Sections 34; Arbitration Act, 1940 - Sections 9; Constitution of India - Article 38(1); Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 - Rule 3

Reported in : (2009)3GLR1845

raised contention before this Court that claimant has not made out any case of amount under provisions of Railways Act, 1989. He also raised contention before this Court that incident is not covered as an untoward incident as defined … also raised contention before this Court that incident is not covered as an untoward incident as defined in Section 123(c)(2) of the Railways Act, 1989. Learned Advocate Mr. Shastri also submitted it was a negligence on part … default of the payment of the principal sum within a period of 45 days. As we have indicated hereinbefore, when there is no specific provision

Brahm Dev Gupta Vs. Container Corporation of India and Anr

Court : Delhi

Subject : Land Acquisition

Act). This FN contained the terms and conditions which clearly mentioned that the terms were governed by the Railways Act, 1989. Any loss or damage, if caused to the cargo shall be dealt with under the said Act. It … at ICD, Tughlakabad are booked by rail by a shipping company by executing a forwarding note (FN) under Section 64 of the Indian Railway Act (hereinafter referred to as the said Act). This FN contained the terms

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, … suit for refund of alleged excess shunting charges levied by the Railways on the ground of non-compliance of Section 80 of the Code of Civil Procedure.2. The facts necessary for decision of the appeal are as under.

Krishna Ram Vs. Union of India Through the General Manager East Centra ...

Court : Jharkhand

Subject : Land Acquisition

and the incident does not come under the purview of untoward incident as defined in Section 123(c)(2) of Railways Act, 1989.2. The claim application was filed by two claimants: the first claimant namely Rampatiya Devi- the widow of

Torrent Power Aec Ltd. Vs. Gayatri Intermediates Pvt. Ltd.

Court : Gujarat

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 1 to 120 and 122 to 185; Electricity Act, 1910 - Sections 21(2), 26(6), 39 to 50; Electricity (Supply) Act, 1948 - Sections 49; Electricity Regulatory Commissions Act, 1998; Consumer Protection Act, 1986 - Sections 173; Atomic Energy Act, 1962; Railways Act, 1989; Gujarat Electricity Industry (Reorganization and Regulations) Act, 2003; Electricity (Supply) Rules, 1948; Electricity Rules, 1910; Code of Civil Procedure (CPC) - Order 47, Rule 1; Electricity Supply Code - Sections 7; Gujarat Electricity Regulatory Commission (Electricity Supply code and Related matters) Regulations, 2005 - Regulations 7, 7.1 to 7.4, 7.5, 7.6.1, 7.6.2 to 7.6.4, 7.6.5 to 7.6.8 and 7.7; Constitution of India - Articles 14, 20(1) and 226

Reported in : (2006)2GLR1580

other than this Act.Section 173 refers to the Consumer Protection Act, 1986, the Atomic Energy Act, 1962 and Railways Act, 1989.20.3 In view of the provisions of Sections 45, 50 and 62 of the Act, till 7th June

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 … 5 (“any other officer who is subordinate to him”) of the Central Goods and Services Tax Act, 2017; Section 45 (“an officer subordinate to that Government or the local authority”) of the Human Immunodeficiency Virus and Acquired Immune

Commanding Officer Railway Protection Special Force Mumbai Vs. Bhavnab ...

Court : Supreme Court of India

Subject : Land Acquisition

his employment; and the deceased being a “Railway Servant”, as per the provisions of Section 2(34) of the Railways Act, 1989 (in short, the 1989 Act), would be deemed to be a “workman” under Section 2(1)(n)(i) of Civil Appeal