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Oct 18 2012

Shree Shyam Agency. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Oct-18-2012

Subject : Railways

Acts : Railway Claims Tribunal Act, 1987 - Sections 16, 82A; Railways Act, 1989 - Sections 124A, 61, 62, 87(2); Indian Evidence Act, 1872 - Sections 123,124; General Clauses Act, 1897 - Section 22; Railways (Manner of Delivery of Consignments AND Sale Proceeds in the Absence of Railway Receipt), Rules, 1990

Reported in : (2013)1SCC283

Railways Act, 1989 says that every railway administration shall maintain the rate-books etc. for carriage of goods AND Section 62 imposes conditions for receiving etc. of goods. Section 65 is also important for the purpose of disposal of … shall also exercise, on AND from the date of commencement of the provisions of section 124A of the Railways Act, 1989 (24 of 1989), all such jurisdiction, powers AND authority as were exercisable immediately before that date by any

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Jan 20 2006

Sr. Divisional Commercial Manager Vs. Intelligence Officer

Court : Kerala

Decided on : Jan-20-2006

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 … make them available for the reference of any person during all reasonable hours without payment of any fee. Section 62 deals with conditions with respect to the receiving, forwarding, carrying or delivering of any goods and the railway

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Apr 23 2014

Nabha Power Limited and Another Vs. Punjab State Power Corporation Ltd ...

Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction

Decided on : Apr-23-2014

Subject : Land Acquisition

Railway on 5.11.2008 is a statutory approval for all intents and purposes. d) In terms of the Indian Railways Act, 1989, and Indian Railway Code for Traffic (Commercial) Department issued by the Railway Board, the Appellants could not have … of the project and allowing the same in tariff may be possible in cost plus tariff determination under Section 62 of the Act, but certainly does not qualify under Section 63 except in case of œChange in Law?

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Feb 23 2012

Union of India Vs. Competition Commission of India and Others

Court : Delhi

Decided on : Feb-23-2012

Subject : MRTP

by the petitioner regarding the exclusion of the jurisdiction of the Commission founded upon the provisions of the Railways Act, 1989. 7. The Commission thereafter considered the petitioner’s submissions with regard to the definition of the expression ‘enterprise’ contained … 60 of the Act which gives overriding effect to the provisions of the Act and over other laws. Section 62 of the Act provides that the provisions of the Act are in addition to, and not in derogation

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Mar 21 2024

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

Court : Supreme Court of India

Decided on : Mar-21-2024

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 … Dictionary’ (2nd Edn., 2005 at pg.749) defines it as: - “something which is prohibited by law” (Emphasis supplied) 62. Thus, in its plain meaning, the use of words “capable” and “imposed by law” shows that the term

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Jun 07 2002

Union of India (Uoi), Secunderabad Vs. B. Koddekar and anr.

Court : Andhra Pradesh

Decided on : Jun-07-2002

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

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May 11 1950

Moti Lal and ors. Vs. the Government of the State of Uttar Pradesh and ...

Court : Allahabad

Decided on : May-11-1950

Subject : Motor VehiclesConstitution

Acts : Motor Vehicles Act, 1939 - Sections 42(1), 42(3), 44(2), 47, 47(1), 48, 58, 62 and 64; Constitution of India - Articles 13, 14, 19, 19(1), 19(6), 53(1), 154(1), 226, 256(3), 266(3), 289, 289(2), 289(3), 298, 301, 303 and 305

Reported in : AIR1951All257

probably be going too far to say that in the circumstances of today Section 18 of the Indian Railways Act, Section 4 of the Indian Post Office Act and Section 4 of the Indian Telegraphs Act are invalid … regard to the temporary permits by the Ordinance no. xXXI [31] of 1946 under the Defence of India Act, 1989, we are not concerned as temporary permits issued during the War period for reasons other than specified in … has a proviso that applications for renewal of permits shall be given preference over applications for new permits. Section 62 provides for issue of temporary permits on grounds mentioned in it. Such a permit may have any condition

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Nov 23 2007

Damodar Valley Corporation Vs. Central Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

Decided on : Nov-23-2007

Subject : MRTP

inconsistent with any other provisions of the Consumer Protection Act, 1986 or the Atomic Energy Act or the Railways Act, 1989. In other words, Section 173 specifically allows Consumer Protection Act, Atomic Energy Act and the Railways Act to … also requires the DVC to specify the manner of recovery of such charges. This provision is inconsistent with Section 62(1) of the Act of 2003. As per Section 62 of the Act of 2003, the tariff is to

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Aug 16 2002

Dasari Laxmi Vs. Union of India (Uoi)

Court : Andhra Pradesh

Decided on : Aug-16-2002

Subject : Civil

Acts : Railways Act, 1989 - Sections 124A

Reported in : 2004ACJ103; AIR2003AP56; 2002(5)ALD583

Matched in: Advocate S. Chandrasekhar, Adv. N. Venkateswarlu, SC for Railways

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Mar 28 2008

The Sales Tax Practitioners' Association of Maharashtra and Tushar P. ...

Court : Mumbai

Decided on : Mar-28-2008

Subject : Sales Tax/VATConstitution

Acts : Maharashtra Value Added Tax Act - Sections 22, 22(1), 33, 61, 61(1), 82, 82(1) and 82(2); Societies Registration Act, 1960; Cost and Works Accountants Act, 1959; Chartered Accountants Act, 1949; Indian Railways Act, 1989; Road Transport Corporation Act, 1950; VAT Act, 2002; Companies Act - Sections 211, 226 and 226(2); Advocates Act, 1961 - Sections 29, 33 and 49; Income Tax Act - Sections 44AB, 44AE, 44AF, 44BB, 44BBA, 288 and 288(2); Bombay Sales Tax Act - Sections 71; Maharashtra Distillation of Spirit and Manufacture of Potable Liquor Rules, 1966 - Rule 65; Maharashtra Manufacture of Beer and Wine Rules, 1966; Special Permits and Licence Rules, 1952; Bombay Foreign Liquor Rules, 1953; Maharashtra Country Liquor Rules, 1973; Andhra Pradesh General Sales Tax Rules, 1957 -

Reported in : 2008(5)BomCR396; [2008]14STT348; (2008)14VST69(Bom)

Union Government, any Department of any State Government, local authorities, the Railway Administration as defined under the Indian Railways Act, 1989, the Konkan Railway Corporation Limited and the Maharashtra State Road Transport Corporation constituted under the Road Transport Corporation … by this common judgment as the main challenge in all the petitions is to the constitutional validity of Section 61(1) and the explanation thereto, of the Maharashtra Value Added Tax Act (hereinafter referred to as the 'Act') … for certifying deductions and claims under the Act.3. Writ Petition (L) No. 623 of 2007 is by the Bar Council of Maharashtra and Goa. It

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