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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 … in Section 124 and 124A namely, 'notwithstanding anything contained in any other law' would exclude the provisions of Section 5 of the General Clauses Act also. Section 124 and 124A would clearly show that it Is not the

Project Engineer, Kerala Road Fund Board Vs. Thankappan and Others

Court : Kerala

Subject : Land Acquisition

applicable to all lands except land, premises and trains owned and controlled by the Railways under the Railway Act, 1989, hence the land belonging to the National Highway is also included where the 2014 Act is applicable. Learned … at the spot where he is carrying on business. It is submitted that petitioner cannot be evicted under Section 3(3) of the 2014 Act which provision provided protection of street vendors. It is submitted that the State … Road Fund Board, who got impleaded in the Writ Petition as additional 5th respondent filed a counter affidavit pleading that the Medical College-Ulloor road is

Sisupalan K. Vallikalayil and Another Vs. Union of India

Court : Mumbai Nagpur

Subject : Land Acquisition

to be paid by the Tribunal is towards no fault liability, as contemplated under Section 124-A of the Railways Act, 1989, and that does not prevent the claimants from claiming the compensation over and above Rs.4,00,000/-by establishing that it … to compensation over and above Rs.4,00,000/-, which is the amount prescribed under Section 124-A of the Railways Act. 5. The points for determination are as under: [i] Whether in an appeal under Section 23 of the Railway

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 … The first Appellant is the widow of an employee of the Central Railways, Suresh Wankhede. Appellants 2 to 5 are her four sons. Appellants 6 and 7 are the parents of the deceased. Widowed at the age

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 … place. The Tribunal also found that the inquest report mentions about the recovery of a ticket bearing No. 57351 from the body of the deceased from Guntur to Mangalagiri.The ticket was kept along with other items in

The General Manager, South Central Railway Vs. K. Narayana Rao

Court : Andhra Pradesh

Subject : Civil

Acts : Constitution of India - Article 227; Railways Act, 1989 - Sections 123, 124 and 124-A; Railway Claims Tribunal Act, 1987 - Sections 18; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1); Evidence Act, 1872 - Sections 123 and 124; Motor Vehicles Act, 1988; Railway Claims Tribunal (Procedure) Rules, 1989 - Rules 5, 14, 20, 21, 21(3), 22 and 23; Andhra Pradesh Motor Vehicles Rules, 1989 - Rule 476(7); Code of Civil Procedure (CPC) , 1908

Reported in : I(2005)ACC239; 2005ACJ1249; AIR2004AP442; 2004(4)ALT464

the said contentions of both sides, it is necessary to have a glance at the relevant provisions of Railways Act, 1989. Section 123(c) reads as follows:' 'untoward incident' means- (1) (i) the commission of terrorist act within the meaning of … she was a bona fide passenger, as the matter will fall under Section 123(c) of the Railways Act. 5. Before adverting to the said contentions of both sides, it is necessary to have a glance at the

Union of India (Uoi), Represented Through the General Manager, Central ...

Court : Orissa

Subject : Sales Tax

Reported in : 103(2007)CLT710

consumption, use and sale therein and (iii) entry tax being a substitute of octroi, Section 184 of the Railways Act, 1989 protects the Railway properties from levy of entry tax.4. Since the grounds taken and the question involved in … has no legislative competence to enact the Orissa Entry Tax Act, 1999 (hereinafter 'OET Act') purportedly under Entry 52 of List II of the Seventh Schedule to the Constitution of India and, therefore, cannot impose tax on

Sr. Divisional Commercial Manager Vs. Intelligence Officer

Court : Kerala

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 3, 3(1), 3(1A), 5, 27, 28, 29, 29(2), 29A, 29A(4), 30, 30(1), 30A, 30B, 30C, 30E, 31, 31A(2), 32, 45A, 45A(1) and 46; Railways Act, 1989 - Sections 61, 62, 64, 65, 66, 67, 74, 75, 80, 93 and 97; Kerala General Sales Tax Rules, 1963 - Rules 37 and 58; Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC) - Order 5, Rule 27; Railways Rules

Reported in : 2006(1)KLT834; (2007)8VST434(Ker)

under the Sales Tax Act. Carriage of goods by railway is dealt with in Chapter IX of the Railways Act, 1989. Section 61 states that every railway administration shall maintain, at each station and at such other places where goods … Sales tax Act which led to evasion of tax amounting to Rs. 18,200/- besides the tax due under Section 5. Third petitioner was also served with a notice for payment of penalty under Section 45A read with Section

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

Court : Gujarat

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 … by Section 11 of the CoI Act directed that all the provisions of Sub-sections (2) to (5) of Section 5 of the CoI Act shall apply to the Committee. 4.3 The Committee submitted interim report dated 17.1.2005. It

Union of India (Uoi), Rep. by Divisional Railway Manager (Commercial) ...

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 1(6), 2, 3, 4, 5, 6, 7 to 13, 15, 15(1), 15(2) and 15(3); Payment of Wages (Amendment) Act, 1999; Minimum Wages Act, 1948 - Sections 2, 15 and 22F(1); Railways Act, 1989 - Sections 2(20) and 2(32); Limitation Act, 1963 - Sections 5; Andhra Pradesh Minimum Wages Rules, 1960 - Rule 28; Payment of Wages (Procedure) Rules, 1937 - Rule 8, 8(2) and 8(3); Constitution of India - Articles 226, 300 and 300(1); Code of Civil Procedure (CPC) , 1908 - Sections 11, 79 and 80

Reported in : 2008(5)ALT260

India renders proceedings initiated by and orders passed in favour of the respondents invalid23. Section 2(20) of the Railways Act, 1989 defined Government railway as a railway owned by the Central Government. Under Section 2(32), Railway Administration in respect … under Section 3 shall fix-periods, referred to as wage-period in respect of which such wages shall be payable. Section 5 prescribes time for payment of wages and under Section 6, wages shall be paid in current com or