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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 … contend that it is liable only for the normal charges and not for the penal charges. Again under Section 55 of the old Act and Section 83 of the new Act, there is a lien in favour of

Shah Jayantilal Jivraj and Co. Vs. the Union of India (Uoi) Owning Sou ...

Court : Chennai

Subject : Civil

Acts : Railways Act, 1989 - Sections 81, 82(1), 84 and 85; Railway Claims Tribunal Act, 1987 - Sections 21; Indian Railways Act, 1890 - Sections 54, 55 and 56A

Reported in : IV(2006)ACC236; 2006(3)CTC438; (2006)3MLJ99

either a Judicial Member or a Member (Technical). He would contend that as per Section 81 of the Railways Act 1989, where the consignment arrives in a damaged condition or shows signs of having been tampered with and the … regard to Issue No. 6 is concerned, the Judicial Member has given a finding that as required under Section 55 of the Railways Act due notice was not given to the appellant and hence, the sale of goods

Sandha Ghosh Vs. Union of India (Uoi)

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1989 - Sections 2(29), 55, 68,123 and 124A; ;Indian Penal Code (IPC) - Section 302

Reported in : 2004(1)CHN696

in his reply submitted that having regard to the object and scope of such beneficial legislation i.e. The Railways Act, 1989, the strict rule of interpretation cannot have any application whatsoever.14. There can be no dispute as to the … that the victim was not a bona fide passenger but was a mere trespasser within the meaning of Section 55 of the Indian Railway Act. It was stated that on 5th of March, 1998 at about 19.00 hrs.

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 … in (1988) SCC OnLine Cal 420. 79.1 In the said decision, the issue pertained to the provision of Section 55 of the Major Port Trusts Act, 1963 (for short, the “Ports Act”), which is analogous to Section 106(3)

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, … human prescience and prudence cannot foresee or forestall [St. Louis I.M.& S. Railway Co. v. Barnett 45 S.W. 550].52. It also requires to be noticed that the Permanent Edition of Words and Phrases illustrates the expression 'accident'

Union of India (Uoi), Represented by Its General Manager, S.C. Railway ...

Court : Andhra Pradesh

Subject : Civil

Acts : Railways Act, 1989 - Sections 55, 123, 124, 124A and 137

Reported in : 2005(2)ALD79; 2005(2)ALT86

railway stations, not within the premises of a railway station, and therefore Sections 123 and 124 of the Railways Act, 1989 (the Act, for brevity) are not attracted. Per contra, the learned Counsel for respondents placing reliance on the … the running train between the two railway stations, not within the premises of a railway station, and therefore Sections 123 and 124 of the Railways Act, 1989 (the Act, for brevity) are not attracted. Per contra, the … on the person seeking such exemption. Secondly, under Section 137 read with 55 of the Act, ticketless travel is made a culpable offence attracting imprisonment

Union of India (Uoi) and ors. Vs. Steel Authority of India Limited

Court : Orissa

Subject : ContractCivil

Acts : Railways Act, 1890 - Sections 27A, 76A and 78B; Railways Act, 1989 - Sections 106; Contract Act, 1872 - Sections 72; Limitation Act, 1963 - Article 55; ;Railways Claims Tribunal Act, 1987 - Sections 18 and 30; Railway Claims Tribunal (Procedure) Rules, 1989 - Rule 29

Reported in : AIR1997Ori77

mention that as the claim in question relates to a period prior to the enactment of the Indian Railways Act, 1989, reference is made to the provisions contained in the earlier Act of 1890.10. In terms of Section 28, … this nature. In the facts and circumstances of the case, I feet, the appropriate Article would be Article 55 which reads thus :'55. For compensation for the breach of any contract, express or implied not herein specially

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

Mrs. Shanti Vs. Union of India

Court : Madhya Pradesh

Subject : Land Acquisition

The claimants i.e. wife, three daughters and one son have filed claim petition under Section 125 of the Railways Act, 1989 (hereinafter referred to as 'the Railways Act') seeking compensation for death of Rajesh aged 27 years doing job … made by the railway servant authorised in this behalf for examination during the journey or at the end. Section 55 of the Act prohibits any person to enter or remain in any carriage on a railway for the

Union of India (Uoi) Vs. Hari Narayan Gupta and anr.

Court : Rajasthan

Subject : Civil

Reported in : 2008ACJ822; AIR2007Raj38

the case is not covered under the definition of 'untoward incident' as given under Section 123(c) of the Railways Act, 1989 (henceforth to be referred to as 'the Act', for short).3. In order to prove their case, the claimants … journey, or if such ticket is issued for a specific period, on the expiry of such period. Furthermore, Section 55 of the Act prohibits every person from entering or remaining in any carriage on a Railway for the