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Kumari Savitri Roy Vs. Union of India

Court : Allahabad

Subject : Civil

Acts : Railways Act, 1890 - Sections 66, 68, 82A and 82F(2); Railways Act, 1989 - Sections 123 and 124; Workmen's Compensation Act, 1923 - Sections 2; Railway Accidents Compensation Rules, 1989; Railway Accidents Compensation Rules, 1950 - Rule 6

Reported in : I(1994)ACC418; 1994ACJ720; AIR1994All239

a passenger for the purposes of the liability of the Railways has been set at rest by the Railways Act 1989 wherein the explanation to S. 124 of the Railways Act 1989 corresponding to old Sec. 82-A of the … a proper pass, ticket or permission, as required by Ss. 66 and 68, is not a passenger within the meaning of S. 82-A of the … to perform his duty was not a bona fide passenger and consequently the application was not maintainable under Section 82A of the Indian Railway Act. The Claims Commissioner came to the conclusion that late R.N. Roy was

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 … presumption may be drawn under Section 114 of the Evidence Act keeping in view of the prohibition under Section 68 of the Act against boarding a train without ticket that the deceased was a bona fide passenger. Referring

T.S.T. Kaznavi Vs. Tamil Nadu Electricity Board Rep. by Its Chairman,

Court : Chennai

Subject : Property

Acts : Land Acquisition Act; Electricity Act, 2003 - Sections 2(17), 2(28), 2(29), 2(32), 2(67), 2(72), 2(73), 2(77), 39(1), 67(2), 68, 164, 173, 174, 175, 185 and 185(2); Indian Telegraph Act, 1885 - Sections 10, 16, 16(1) and 16(3); Electricity Act, 1910 - Sections 2, 12 to 19 and 51; Electricity (Supply) Act, 1948 - Sections 42 and 51; Consumer Protection Act, 1986; Atomic Energy Act, 1962; Railways Act, 1989; The Works of Licensees Rules, 2006; Electricity Regulatory Commission Act, 1998; Indian Penal Code (IPC), 1860 - Sections 188

Reported in : (2008)2MLJ703

the Act, which relates to the Consumer Protection Act, 1986 or the Atomic Energy Act, 1962 or the Railways Act, 1989. The provisions are also stated to be in addition to and not in derogation of other laws, under … Rules relate to the works of licensees pertaining to the distribution and supply of electricity to the consumers. Section 68 of the Electricity Act, 2003 enables the appropriate Government to grant approval regarding overhead lines. Section 185 of

T.Bhuvaneswari Vs. District Collector Cum District Magistrate of Erode ...

Court : Chennai

Subject : Land Acquisition

with any other provisions of the Consumer Protection Act, 1986 or the Atomic Energy Act, 1962 or the Railways Act, 1989.174. Act to have overriding effect.--Save as otherwise provided in Section 173, the provisions of this Act shall … and such buildings or part thereof as may be required to accommodate such transformers, switch-gear and other works.29. Section 68 of the Electricity Act, 2003, deals with overhead lines and the said Section is extracted hereunder: 68.Overhead lines:-

A. Thanikachalam and Others Vs. The Union of India owning Southern Rai ...

Court : Chennai

Subject : Land Acquisition

Civil Miscellaneous Appeals under Section 23(1) of the Railway Claims Tribunal Act, 1987 read with Section 16 of Railways Act, 1989, against the orders dated 10.09.2008 and 29.4.2008 made in O.A.Nos.51 and 121 of 2006 respectively on the file … has to be drawn under Section 114 of the Evidence Act, keeping in view of the prohibition under Section 68 of the Act against boarding a train without ticket, that the deceased were bona fide passengers and on

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

Court : Rajasthan

Subject : Civil

Reported in : 2008ACJ822; AIR2007Raj38

same issue as in this case. Although the said case arose under the Railways Act, 1890 but Sections 68, 130, 122 of the Act of 1890 are pari materia with the provisions of the Railways Act, 1989. … 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

The Union of India, General Manager Vs. Mangalabai and Others

Court : Mumbai Nagpur

Subject : Land Acquisition

Section 114 of the Indian Evidence Act keeping in view the prohibition under Section 68 of the Indian Railways Act, 1989 against boarding a train without ticket that the deceased was a bona fide passenger. It was observed in

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 … presumption may be drawn under Section 114 of the Evidence Act keeping in view of the prohibition under Section 68 of the Act against boarding a train without ticket that the deceased was a bonafide passenger. Since ticketless

Calendula Realtors Private Limited Vs. Cesc Limited and ors.

Court : Kolkata

Subject : Civil

Acts : Electricity Act, 2003 - Sections 2(20), 2(22), 2(40), 2(61), 2(72), 39(1), 51, 67, 68, 68(3), 68(5), 69, 164 and 173 to 175; ;Indian Telegraph Act, 1885 - Sections 4, 10, 11, 12, 14, 16, 16(1) and 17; ;Companies Act, 1956; ;Indian Electricity Act, 1910 - Section 51; ;Code of Criminal Procedure (CrPC) - Section 144; ;Telecom Regulatory Authority of India Act, 1997 - Section 3(1); ;West Bengal Works of Licensee Rules, 2006 - Rule 3 and 3(4)

with any other provisions of the Consumer Protection Act, 1986 or the Atomic Energy Act, 1962 or the Railways Act, 1989. 174. Act to have overriding effect.-Save as otherwise provided in Section 173, the provisions of this Act shall … requirements of the provisions of the Electricity Act, 2003 and the rules made there under.J) In terms of Section 68 of the 2003 Act, the State Government, through its Power Department, vide letter dated October 30, 2006 granted

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, … presumption may be drawn under Section 114 of the Evidence Act keeping in view of the prohibition under Section 68 of the Railways Act against boarding a train without ticket that the deceased was bona fide passenger. Since