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Agarwala and Co. and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1989 - Sections 65, 65(2), 69, 72(4), 73 and 79; ;Constitution of India - Article 226

Reported in : AIR2007Cal90

with the provision for measuring the consigned goods. Mr. Roychowdhury further drawn my attention towards the provisions of Section 69 of the Railways Act, 1989. Mr. Roychowdhury submits that it was open to the consignee to ask for … of paragraph 1744 of the Indian Railway Commercial Manual-II read with the provisions of Section 79 of the Railways Act, 1989, it was not permissible for the respondent authority to sit tight over the matter. Mr. Samanta further submits

Shobha Wd/O Suresh Wankhede and ors. Vs. Union of India (Uoi)

Court : Mumbai

Subject : Civil

Acts : Railways Act, 1989 - Sections 123, 124, 124A, 128 and 128(1); Workmen's Compensation Act, 1923; Railways (Amendment) Act, 1994

Reported in : 2003ACJ569; 2002(4)MhLj349

Appeal, it would be necessary at the outset to refer to the provisions of Section 124 of the Railways Act, 1989. Section 124A provides as follows :'124A. Compensation on account of untoward incident.--When in the course of working a railway … gratia amount of Rs. 5,000/-.3. On 1st February, 1996, the Central Railway authorities deposited an amount of Rs. 69,008/- with the Commissioner for Workmen's Compensation in pursuance of the provisions of the Workmen's Compensation Act, 1923. In

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 synergy in terms of Section 106(3) of the Act, 1989 Civil Appeal No(s). 1891-1966 of 2024 Page 69 of 95 (emphasis). It would be too much to say that, although no overcharge was made in terms

Bharat Kumar and anr. Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 93 and 106; Indian Railways Act, 1890 - Sections 73, 78 and 78(B); Code of Civil Procedure (CPC) - Sections 80

Reported in : III(2004)ACC810; AIR2005Raj124; RLW2004(4)Raj2074

has not arisen from a contract with the defendants. He referred the provisions of Section 93 of the Railways Act 1989 (Section 73 of the Indian Railways Act 1890) and contended that responsibility of the defendant railway administration to pay … given. I have heard learned counsel for the appellants. Following points for determination arise in this appeal:-'(1) Whether Section 69 of the Indian Partnership Act 1932 (for short the 'Act 1932') .is applicable in the instant case ?(2)

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

Additional Chief Engineer/Director Construction and ors. Vs. S.P. Chop ...

Court : Punjab and Haryana

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 15, 30 and 33; Code of Civil Procedure (CPC) - Sections 115

Reported in : (2000)126PLR84

that the claim was being made by the contractor against the Union of India as representing the Indian Railways and there was no manner of doubt either that the arbitrator by his award made the Government of … 1,000/-. - Sections 80 (2) & 89 & Punjab Motor Vehicles Rules, 1989, Rules 85 & 80: [T.S. Thakur, CJ, Jasbir Singh & Surya Kant, … to which the general words can and are intended to be restricted.The expression 'claim of set off in Section 69(3) of the Partnership Act does not disclose a category or a genus. The words 'other proceeding' which follow

Thomas John vs the Commissioner of Central Excise

Court : Kerala

was in pursuance to clause 14 of the notification dated 20.06.2012 Ext.P3.4. As per Section 2(31) of the Railways Act, 1989‘Railways’ means a railway or any portion of a railway for WP(C) NO. 19968 OF 2016 -6- the public … 2016 -4- railway siding yards with the Bharat Petroleum Corporation Ltd. was exempted, however the petitioner registered under Section 69 of the Finance Act, 1994 and was allotted a registration No.ACNPJ8541QSD002 dated 05.06.2015 and thereafter, have been paying

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

Shyam Naik and Others Vs. General Manager, East Coast Railway, Rail Vi ...

Court : Orissa

Subject : Land Acquisition

Reported in : 2012AIR(Ori)38

and 1457 of 2008, disposed of on 10-2-2011, this Court has referred to the various provisions of the Railways Act, 1989 and relied upon the decision of the Apex Court and other High Court, One such decision is, N.K.V. … of Rs. 4 lakhs, which is the minimum liability of the Railway authority to a passenger as per Section 124 of the Railway Act, 1989, urging various facts and legal contentions. 2. The brief facts as stated … v.The Divisional Railway Manager. South Eastern Railway, Khurda Division, 1997 (II) OLR 69, wherein it is observed that jurisdiction under Arts. 226 and 227 of

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, … necessary to the exigencies and in the circumstances in which one was placed [Massey v. Georgia Power Co., 69 S.E. 2d 824].(g) An accident in its strict sense implies the absence of negligence [Everett v. Clegg 96