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Jagjit Cotton Textile Mills Vs. Chief Commercial Superintendent N.R. a ...

Court : Supreme Court of India

Subject : Civil

Acts : Sale of Goods Act, 1930 - Sections 19 and 23(1); Employees Provident Fund etc. Act, 1952; Railways Act, 1890 - Sections 3(13), 16, 29(1), 47(4), 53(1),(2), 54(1), 72(1), 72(2) and 73; Railways (Amendment) Act, 1954; Indian Railways Conference Association - Rules 6, 29 and 161A; Constitution of India - Article 14; Railways Act, 1989 - Sections 27, 55(1), 72, 73, 74, 83 and 87; Indian Railway Board Act, 1905 - Sections 2; Foreign Exchange Regulation Act, 1947 - 23(1); Customs Act, 1962

Reported in : 1998IVAD(SC)185; AIR1998SC1959; JT1998(3)SC297; 1998(3)SCALE209; (1998)5SCC126; [1998]2SCR1065

verified and noted in the forwarding note and in the railway receipt. The Railways Act, 1890 and the Railways Act, 1989 contain provisions which require that the 'average carrying capacity' of each wagon be marked on the wagon. Section … 1989 contain provisions which require that the 'average carrying capacity' of each wagon be marked on the wagon. Section 53 of the old Act refers to (i) the maximum carrying capacity, (ii) normal carrying capacity (and its variations

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 … rival contentions raised in the present matter. Therefore, the following extracts from the said judgment are reproduced hereunder:While Section 53(1) prohibits overloading in excess of the maximum carrying capacity, Rule 161-A permits loading beyond the permissible carrying capacity

Straw Products Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Civil

Acts : Railways Act, 1890 - Sections 47, 53 and 54 - Rule 161A; General Clauses Act, 1897 - Sections 24

Reported in : AIR1995Raj193; 1995(2)WLC720; 1995(1)WLN226

learned Judges further noticed that the Act has been repealed in its entirety by Section 200 of the Railways Act, 1989 which came into operation with effect from 1-7-1990 in the Indian Railways Act of 189Q and Section 53

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 … the Water Supply Act. He drew the attention of the Court especially to Sections 18, 24, 25, 52, 53, 59 and 60, which for ready reference are reproduced below :'18. Establishment of Jal Sansthans.--(1) If in the

Gangaram Biseshwar Agrawal Vs. Canara Bank

Court : Mumbai

Subject : Banking

Acts : Debts Recovery Tribunal Act - Sections 20, 21 and 22(2); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 17(2), 19(6), 20, 20(1), 22, 36 and 37; Railway Claims Tribunal Act, 1987 - Sections 18(3); Code of Civil Procedure (CPC) , 1908 - Order 47, Rule 7; Motor Vehicles Act, 1988 - Sections 169; Consumer Protection Act, 1986 - Sections 13(4); Foreign Exchange Regulation Act, 1979; Foreign Exchange Regulation Act, 1973 - Sections 53; Railway Claims Tribunal (Procedure) Rules, 1989 - Rules 18 and 32; Constitution of India - Articles 226 and 227

Reported in : 2006(6)BomCR436; 2006(3)MhLj13

provisions of Section 18(3)(f) of Railway Claims Tribunal Act, 1987. Rule 32 of Railway Claims Tribunal (Procedure) Rules, 1989 was held to be ultra-vires because it restricted the scope of review as provided in Section 18(3)(f). Thus … of any witness; and(vi) any other matter which may be prescribed.12. We may also have a look at Section 53 of the Foreign Exchange Regulation Act, 1973, which is as under:53. Power of the adjudicating officer and the

Confederation of Sadar Bazar Trader S Association (Regd.) vs.union of ...

Court : Delhi

Subject : Land Acquisition

his submission, on the plea taken by the Railways that in terms of Section 11 of the Railway Act, 1989 railway land can be used for any purpose is misreading of Section 11 of the Railway Act as … development plan made for Delhi city. Even otherwise, it is his submission in view of the provisions of Section 53 and 53A of the DDA Act, which also contains non-obstante provision in case of any conflict, DDA Act

Union Of India Vs. M/s Indian Oil Corporation Ltd

Court : Supreme Court of India

Subject : Land Acquisition

ANALYSIS .............................................................................................. 22 i. Relevant Statutory Scheme and Provisions .............................................. 22 ii. Scope of Section 106 of the Railways Act, 1989 ........................................ 29 a. What is meant by an “Overcharge”?. ....................................................... 35 b. Concept of an ‘Overcharge’ and an … What is meant by an “Overcharge”?. ....................................................... 35 b. Concept of an ‘Overcharge’ and an ‘Illegal Charge’ .............................. 53 iii. Whether the present case is one of ‘Overcharge’ or ‘Illegal Charge’?. .... 76 a. Applicability of Section

Suryachakra Spinning Mills (P) Ltd. Rep. by Its Managing Director M. L ...

Court : Chennai

Subject : Electricity

Acts : Tamil Nadu Tax on Consumption or Sale of Electricity Act, 2003; Electricity Regulatory Commissions Act, 1998 - Sections 29; Tamil Nadu Electricity Taxation on Consumption Act, 1962 - Sections 2, 2(14), 3, 3(1), 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 20(1), 20(2) and 21; Railways Act, 1989; Electricity Supply Act, 1948; Tamil Nadu Electricity Duty Act, 1939; Drugs Act; Constitution of India - Articles 245, 246, 246(1), 246(3), 254(2), 286, 288, 288(1), 288(2) and 366

Reported in : (2006)3MLJ1146

any local authority, save in respect of premises used for residential purposes;(ii) Railway administration as defined in the Railways Act, 1989, save in respect of premises used for residential purposes.The above Section 4 would provide that the electricity sold … in nutshell is as follows:The power to tax the sale or consumption of electricity is traceable to Entry 53 of List II of VII Schedule. It is a State list. So, it is sufficient, if the State

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

Kishan Freight Forwarders Vs. Union of India and ors.

Court : Delhi

Subject : Constitution

Acts : Constitution of India - Articles 226, 14; Specific Relief Act; Arbitration and Conciliation Act, 1996 - Section 9; Railways Act, 1989 - Section 71; Railway Board Act, 1905 - Section 2(a)

Board which are issued by it in exercise of powers conferred on it by Section 71 of the Railways Act, 1989 read with Section 2(a) of the Railway Board Act, 1905 and notification of the Government of India, Ministry … on the decision of this Court in National Building Construction Corporation v. Punjab National Bank 98 (2002) DLT 53 and MIC Electronics Limited v. Municipal Corporation of Delhi 2011 (1) Arb. L.R. 418. 8. Mr. Ashish Mohan, learned counsel