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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 … - from the consignor, consignee or endorsee, as the case may be. It is also contended that Rule 6 and 29 of the Special Tariff for Coal in the Eastern Railway permit only ordinary rate of tariff

Smt. Narayani Bai Vs. Union of India (Uoi) and anr.

Court : Madhya Pradesh

Subject : Civil

Acts : Railway Accidents (Compensation) Rules, 1989; Railway Accidents and Untoward Incidents (Compensation) Rules, 1990; Railways Act, 1890 - Sections 82C; Railways Act, 1989 - Sections 200; General Clauses Act, 1897 - Sections 6; Railway Claims Tribunal Act, 1987 - Sections 23

Reported in : III(2004)ACC753; 2005ACJ1909; 2004(1)MPHT246; 2004(1)MPLJ319

date of passing of the order ought to have been applied by the Tribunal. According to him, the Railways Act, 1989 was in force when the order was passed by the Tribunal and the Indian Railways Act, 1890 was … of particular matters in Sub-section (2) shall not be held to prejudice or affect the general application of Section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeal.The aforesaid provision

Preet Comforts and Anr. Vs. Commissioner for Workmen's Compensation an ...

Court : Andhra Pradesh

Subject : Civil

Acts : Workmen's Compensation Act, 1923 - Sections 6 and 30; Railways Act, 1989 - Sections 124, 124A, 128, 128(1) and 128(2); Motor Vehicles Act - Sections 167

Reported in : 2008ACJ2797; 2007(5)ALD824; [2007(115)FLR1015]

very petition in W.C. No. 52 of 1999 is not maintainable in view of Section 128 of the Railways Act, 1989. Secondly, assuming that such a petition is maintainable, in view of the fact that respondents 3 and 4 … 13-12-2004 on the ground that the judgments relied upon by the petitioners are not applicable and further under Section 6 of the Workmen's Compensation Act, the Authority is not vested with the power to review its own order.

Union of India, and ors. Vs. Batuk Mandal, and anr.

Court : Patna

Subject : Civil

Acts : Railways Act, 1989 - Section 117; Commissions of Inquiry Act, 1952 - Section 6

2005 wherein it has been held that the words 'any civil proceeding' occurring in Section 117 of the Railways Act, 1989 or Section 6 of the Commissions of Inquiry Act, 1952 have to be interpreted so as to give

Union of India (Uoi) Vs. Roop Narayan and 19 ors.

Court : Rajasthan

Subject : Civil

Reported in : 1997(2)WLC455; 1997(1)WLN339

to be paid since the claims had fallen within the exception Clause (f) of Section 93 of the Railways Act, 1989 as it was owing to the omission or negligence on the were of the consignor that the goods … in the Railway. The concept of 'said to contain' has been accepted not only by proviso to Section 65 of the Railways Act but also by Rule 1529(b) of the Commercial Manual. The Tribunal was wholly unjustified

Md. Waris Vs. Union of India (Uoi) Through Chief Project Manager Railw ...

Court : Jharkhand

Subject : Civil

Acts : Railways Act, 1989 - Sections 11; Indian Electricity Act, 1910 - Sections 12(3), 19, 28 and 51; Electricity (Supply) Act, 1948 - Sections 2(6) and 70; Land Acquisition Act

Reported in : AIR2006Jhar116; [2006(3)JCR503(Jhr)]

V. Shivnath, learned senior counsel appearing on behalf of the petitioner, with reference to Section 11 of the Railways Act, 1989, submitted that the railways should have acquired the property of the petitioner under the Land Acquisition Act. In

State of MaharashtrA. Vs. Kamal Ahmed Mohammed Vakil Ansari and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Indian Penal Code (IPC), 1860 - 302, 307, 326, 427, 436, 20A, 120B, 123, 124, 34; ndian Explosives Act; Prevention of Damage to Public Property Act; Indian Railways Act, 1989 - Sections 151, 152, 153, 154; Unlawful Activities (Prevention) Act, 1967 - Sections 10, 13, 16, 17, 18, 19, 20, 40; Maharashtra Control of Organised Crime Act, 1999 - Sections 3(1)(i), 3(2), 3(4); Passports Act, 1967 - Section 12(1)(c); Indian Evidence Act, 1872 - Sections 6, 11, 5 to 16, 26, 30, 30(b), 31

the Prevention of Damage to Public Property Act, 1984, read with Sections 151, 152, 153, 154 of the Railways Act, 1989, read with Section 12(1)(c) of the Passports Act, 1967.3. The prosecution case (in Special Case No.21 of 2006) … in Special Case no. 4 of 2009, to the witnesses at serial nos. 64 to 66, admissible under Section 6 of the Evidence Act as “relevant facts”? The accused-respondents emphatically claim that they are. The contention of the

D.B. Avalakki and Another Vs. Union of India and Others

Court : Karnataka

Subject : Civil

Acts : Indian Railways Act, 1890 - Sections 82-A; Railway Accidents (Compensation) Rules, 1950; Railway Accidents (Compensation (Amended) Rules, 1984 - Rule 6; Railways Act, 1989 - Sections 124 and 129; Railway Accidents (Compensation) Rules, 1990 - Rule 3; Railway Claims Tribunal Act, 1987 - Sections 13, 18(3) and 30(2); Code of Civil Procedure (CPC), 1908 - Sections 34(1); Railway Accident (Compensation) Rules, 1989; Railways Claims Tribunal Rules, 1989 - Order XXXIII, Rule 32

Reported in : II(2000)ACC764; 2001ACJ1258; AIR2000Kant269; ILR2000KAR1613; 2000(4)KarLJ237

amount of compensation payable under Section 82-A of the Old Act (corresponding Section is 124 of the Indian Railways Act, 1989) is to be determined on the basis of the statutory rules as those stood on the date of … death was raised to Rs. 2,00,000/-. Subsequently, the Central Government amended the 1990 Rules under Notification No. GSR 620(E), dated 25-10-1997, which came into force on 1-11-1997, by raising the amount of compensation in case of death

Raghu Forwarding Agency and anr. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 78, 79, 87 and 87(2); Constitution of India - Articles 14 and 226

the Respondent Railways and paid by them under compulsion need to be refunded.5. Section 78 of the Indian Railways Act, 1989, (for short the 'Act'), reads as under :--78. Power to measure, weigh, etc.--Notwithstanding anything contained in the railway … were not payable by the Appellants. The Bank Guarantee was accordingly released. The appellants filed Review Application No. 67/ 99 which was dismissed vide order dated 7-12-2002. Against the orders dated 3-8-1999 passed in the Civil Rule

Rajasthan State Electricity Board Vs. Union of India and ors.

Court : Mumbai

Subject : CivilLimitation

Acts : Constitution of India - Articles 32 and 226; Railway Act, 1989 - Sections 71, 82-A, 106, 106(3) and 124-A; Railway Claims Tribunal Act, 1987 - Sections 13, 13(1) and (1-A), 15, 16, 17, 17(2) and 23; Limitation Act, 1963 - Sections 17(1) - Schedule - Article 113; Code of Civil Procedure (CPC), 1908; Indian Railways Act, 1890 - Sections 78-B; Central Excise and Customs Laws (Amendment) Act, 1991; Central Excise Act, 1944; Central Excise Tariff Act, 1985; Customs Act, 1962; Customs Tariff Act

Reported in : 2002ACJ992; AIR2001Bom310; 2001(3)ALLMR400; 2001(4)BomCR239; (2001)4BOMLR725; 2001(3)MhLj479

writ petition for the reliefs prayed for, and must necessarily seek a remedy under the provisions of the Railways Act, 1989 for adjudication of such a claim for refund.2. The facts of the case, which are not in dispute, … booked 248 rakes for carrying coal to Gurla. The routes on which these wagons were transported include a section of Central Railway, viz., Katni-Singrauli. In exercise of powers under Section 71 of the Railways Act. 1989, the … Act, 1989, the claim has to be made within a period of 6 months, and any claim made thereafter is barred by limitation. Section 17(1)(c)