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Union of India (Uoi), Represented Through the General Manager, Central ...

Court : Orissa

Subject : Sales Tax

Reported in : 103(2007)CLT710

consumption, use and sale therein and (iii) entry tax being a substitute of octroi, Section 184 of the Railways Act, 1989 protects the Railway properties from levy of entry tax.4. Since the grounds taken and the question involved in … upon the following observations made by the Supreme Court in Bellary Municipal Council case (supra) appearing in paragraph 7 of the Judgment:The property of the Union is exempt from all taxes imposed by a State or by

The General Manager, South Central Railway Vs. K. Narayana Rao

Court : Andhra Pradesh

Subject : Civil

Acts : Constitution of India - Article 227; Railways Act, 1989 - Sections 123, 124 and 124-A; Railway Claims Tribunal Act, 1987 - Sections 18; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1); Evidence Act, 1872 - Sections 123 and 124; Motor Vehicles Act, 1988; Railway Claims Tribunal (Procedure) Rules, 1989 - Rules 5, 14, 20, 21, 21(3), 22 and 23; Andhra Pradesh Motor Vehicles Rules, 1989 - Rule 476(7); Code of Civil Procedure (CPC) , 1908

Reported in : I(2005)ACC239; 2005ACJ1249; AIR2004AP442; 2004(4)ALT464

the said contentions of both sides, it is necessary to have a glance at the relevant provisions of Railways Act, 1989. Section 123(c) reads as follows:' 'untoward incident' means- (1) (i) the commission of terrorist act within the meaning of … delivering challan in the office of Controller, tenant shall be deemed to have committed wilful default. - ' 7. It is clearly adumbrated under Rule 21(3) that after framing the issues, the Tribunal shall proceed to record

M/s. Kumaraswamy Mineral Exports and Another Vs. The Commercial Manage ...

Court : Karnataka Dharwad

Subject : Land Acquisition

the present writ petition is misconceived and is not maintainable. That in terms of Section 36 of the Railways Act, 1989, any complaint as regards the Railway administration charging for the carriage of any commodity between two stations, at … Yeshwanthnagar Railway to Gandhidham Railway station as per the Railway receipts bearing No.212000758. 212000768, 212000769 dispatched on 30.1.2008, 7.2.2008 and 8.2.2008 respectively to the consignee petitioner No.1., and etc.) 1. Heard the learned counsel for the petitioners

Union of India (Uoi) Vs. Smt. Mulko Bai

Court : Madhya Pradesh

Subject : Civil

Acts : Railway Act, 1989 - Sections 124-A; Railway (Amendment) Act, 1994; Railways Claims Tribunal Act, 1987 - Sections 13, 13(1A), 24 and 30; Railway Accident and untoward Incident (Compensation) Rules, 1990 - Rule 115

Reported in : 2003ACJ1187; AIR2002MP22; 2002(1)MPLJ407

He has further submitted that on the date of the accident which is 17-5-1991 Section 124A of the Railways Act, 1989 was not on book of statute it was subsequently inserted in the Act with effect from 1994 by … and others in the driving and management of their trains. Charlesworth & Percy in their treatise on Negligence 7th Edn, at p 637, have observed that the railway authorities are bound to provide reasonable means for passengers

Union of India (Uoi) Vs. Mulko Bai

Court : Madhya Pradesh

Subject : InsuranceMotor Vehicles

Reported in : III(2003)ACC743

nullity. He has further submitted that on the date of the accident which is 17.5.1991, Section 124A of Railways Act, 1989 was not on book of statute and was subsequently inserted in the Act with effect from 1994 by … others in the driving and management of their trains. Charles worth and Percy in their Treatise on Negligence, 7th Edn., at p. 637, have observed that the railway authorities are bound to provide reasonable means for passengers

TahazhaThe Purayil Sarabi and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Civil

Acts : Railways Act, 1989 - Sections 123, 123(2), 124, 124A and 127; Motor Vehicles Act, 1988 - Sections 166; Code of Civil Procedure (CPC) , 1908 - Sections 34 - Order 11, Rule 2; Interest Act, 1978 - Sections 3; Railway Claims Tribunal Act, 1987 - Sections 16; Negotiable Instruments Act, 1881; Banking Companies (Acquisition and Transfer of Undertakings) Act 1970; Arbitration Act, 1940 - Sections 9; Indian Penal Code (IPC) - Sections 392

Reported in : 2009ACJ2444; AIR2009SC3098; 2009(4)AWC3171(SC); JT2009(8)SC515; 2009(8)SCALE545; (2009)7SCC372; 2009AIRSCW4984

order dated 26th March, 2007, allowed the application in part and in terms of Section 123(c) of the Railways Act, 1989, directed the Union of India and its authorities to pay to the appellants herein compensation of Rs. 4 … the application till the date of recovery, since the appellant cannot be faulted for the delay of approximately 7 years in the making of the award by the Railways Claims Tribunal. Had the Tribunal not delayed the

Sarowari Devi Vs. Union of India

Court : Patna

Subject : Criminal

Tribunal, Patna Bench in Claim Application No. 0A9800102 by which the claim application filed under Section 125of the Railways Act, 1989 read with Section 16 of the Railway Claims Tribunal Act, 1987 has been dismissed on the ground that … her statement is fit to be considered in view of the provision 18(2) of Railway Claims Tribunal Act. 7. The respondent-railway has examined Raushan Ali as R. W. 1 who has stated in his affidavit that there

Gaurav Kapoor and ors. Vs. Union of India

Court : Delhi

Subject : Land Acquisition

and not from New Delhi Railway Station.3. Legislature has specifically enacted Section 123(c) and Section 124-A of the Railways Act, 1989, and imposed strict liability thereby upon the Railways. As per the judgments of the Supreme Court in the … by station going at the open door of the running train which resulted into his death.” (Emphasis added) 7. We are of the considered view that the High Court gravely erred in holding that the applicants were

Union of India (Uoi), Rep. by Divisional Railway Manager (Commercial) ...

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 1(6), 2, 3, 4, 5, 6, 7 to 13, 15, 15(1), 15(2) and 15(3); Payment of Wages (Amendment) Act, 1999; Minimum Wages Act, 1948 - Sections 2, 15 and 22F(1); Railways Act, 1989 - Sections 2(20) and 2(32); Limitation Act, 1963 - Sections 5; Andhra Pradesh Minimum Wages Rules, 1960 - Rule 28; Payment of Wages (Procedure) Rules, 1937 - Rule 8, 8(2) and 8(3); Constitution of India - Articles 226, 300 and 300(1); Code of Civil Procedure (CPC) , 1908 - Sections 11, 79 and 80

Reported in : 2008(5)ALT260

India renders proceedings initiated by and orders passed in favour of the respondents invalid23. Section 2(20) of the Railways Act, 1989 defined Government railway as a railway owned by the Central Government. Under Section 2(32), Railway Administration in respect … 12/95 to 5/968. 21322 of 1999 Eluru 2/98 6/97 to 1/989. 23199 of 1999 Eluru 3/98 2/98 to 7/9810. 4202 of 2000 Eluru 2/99 8/98 to 3/9911. 26435 of 2000 Eluru 3/99 4/99 to 9/9912. 4220 of

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 … 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 and dated 7-12-2002 passed in the Review application,