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Union of India (Uoi) and ors. Vs. Agarwala and Co. and anr.

Court : Kolkata

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 65, 65(2), 72(1), 72(2), 72(3), 72(4), 78 and 79; ;Constitution of India - Article 14

Reported in : 2008(1)CHN751

be disposed of.5. The learned Single Judge, on consideration of the provisions contained in Section 79 of the Railways Act, 1989 read with the provisions of paragraph 1744 of the Indian Railway Commercial Manual-II, came to the conclusion that … Eastern Railway as per his communication issued under memo dated October 29, 1991 that an amount of Rs. 52,938/- was chargeable as weighment charge as per weighment order dated October 12,1991 and October 14,1991 against the aforesaid

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 … whether such transaction would result in a loss to public or not. In this context, the provisions of Section 52 of the Indian Trust Act 1882, Section 136 of the Transfer of Property Act, 1882 and Order XXI,

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

Union of India Through General Manager, Northern Railway and Others Vs ...

Court : Allahabad

Subject : Commercial

Acts : Constitution of India - Articles 185, 205, 285, 287, 289 and 366; Uttar Pradesh Water Supply and Sewerage Act, 1975 - Sections 3, 4, 18, 20, 24, 25, 52, 53, 59, 60 and 64; Railways Act, 1989 - Sections 184 ; Indian Railways Act, 1890 - Sections 135; Punjab Municipal Act; New Delhi Municipal Corporation Act, 1994; Delhi Municipal Corporation Act, 1957; Factories Act, 1948; Uttar Pradesh Dookan Aur Vanijya Adhisthan Adhiniyam, 1956

Reported in : 2001(1)AWC732; (2001)1UPLBEC420

down in the aforesaid two decisions. He further supported his arguments by referring to Section 184 of the Railways Act, 1989. Sri Agarwal particularly emphasized the sub-sections (1) and (2) of Section 184, which for ready reference are quoted … recommendation of the Nigam, by notification in the Gazette, declare.53. Assessment of annual value.--(1) For the purposes of Section 52, annual value means :(a) in the case of railway stations, educational institutions (including their hostels and halls) factories

Union of India (Uoi) and ors. Vs. State of U.P. and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Uttar Pradesh Water Supply and Sewerage Act, 1975 - Sections 52; Railways Act, 1989 - Sections 184; Indian Railways Act, 1890 - Sections 135; Municipal Corporation Act; Bombay Money-Lenders Act, 1946; Sales Tax Act; Constitution of India - Article 1(2), 3, 245(1), 246(4), 285, 285(1), 289, 289(1) and 289(2)

Reported in : AIR2008SC521; 2008(1)AWC483(SC); 2007(12)SCALE719; [2007]80SCL80(SC),2007AIRSCW7393

charge for the supply of water and maintenance of sewerage system. In this connection, Section 184 of the Railways Act, 1989 was also referred to which lays down that the railway administration shall not be liable to pay any … for service rendered by the Jal Sansthan i.e. an instrumentality of the State under the Act of 1975. Section 52 of the Act states that the Jal Sansthan can levy tax, fee and charge for water supply and

Jalkal Vibhag Nagar Nigam, Lucknow . Vs. Pradeshiya Industrial And Inv ...

Court : Supreme Court of India

Subject : Land Acquisition

52 since in that case a service charge was levied on the railways. The challenge to the levy was raised by the railways on the … of the levy of an education cess on rural employment by the West Bengal Taxation Laws (Second Amendment) Act 1989. The levy of the rural employment cess was annually imposed on a tea estate at the rate of … Rival Submissions ........................................................................................... 6 D Analysis ........................................................................................................... 11 D.1 Statutory Provisions .............................................................................. 11 D.2 Nature of levy under Section 52 of the UP Water Supply and Sewerage Act .......................................................................................... 20 D.3 Entry 49 List II: Taxes on Lands

M/S. Sanwaria Steel Pvt. Ltd. Vs. Union of India

Court : Orissa

Subject : Criminal

Acts : Orissa Mineral (Prevention of Theft, Smuggling & Illegal Mining and Regulation of Possession, Storage, Trading & Transportation) Rules, 2007 - Rules 7, 9, 3; Code of Criminal Procedure (CrPC) - Sections 144, 145

levied on goods/consignment not removed from railway premises after the expiry of free time (Section VI of the Railways Act, 1989). No wharfage will be levied on the consignment held by Railway administration on lien in terms of Section … respect of the materials of the petitioner lying at Barbil Railway siding from 01.05.2010 to 25.06.2010 for Rs. 52,41,600/- indicating therein that the final bill shall be submitted after lifting the materials. Being aggrieved by the said

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 … a student aged 18 years. On 4-5-1998, the deceased was traveling from Warangal to Ramagundam in Train No. 5221 Cochin-Baroni Express in general compartment after purchasing journey ticket No. 98896. While the deceased was getting down from

M/S. Ambika Fashion Pvt. Limited Vs. Union of India

Court : Chennai

Subject : Railway

Acts : Railways Act - Sections 106, 103, 102(d)

were framed by the Railway Claims Tribunal, for determination:-1. Whether there was valid claim under Section 106 of Railways Act, 1989?2. Whether the railways are absolved of its liability for any indirect or consequential loss under Section 102(d) of

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 … 1949 in New Manek Chowk : [1967]2SCR679 , equally invalidates Section 116(3) of the D.M.C. Act. (Paras 45,47, 52) Apart from there, being no guidelines in the statute, the exercise of discretion by the Commissioner is not