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Feb 20 2015

M/s. Goodearth Agro Chem Pvt. Ltd. and Another Vs. The Container Corpo ...

Court : Mumbai Nagpur

Decided on : Feb-20-2015

Subject : Education

liable to pay penalty and other associated charges. He found that provisions of Sections 66 and 83 of Railways Act, 1989 enable Container Corporation to claim the same from M/s. Goodearth. He accordingly found penal charges payable at Rs.9,07,327.80. … orders may specify. Such orders cease to have effect after one year after it is issued unless renewed. Section 70 expressly mandates that Railway administration shall not make or give any undue or unreasonable preference or advantage to

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Apr 29 2009

Bhagaban Dey Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Apr-29-2009

Subject : Civil

Acts : Railways Act, 1989 - Sections 30, 33, 36, 37, 43, 48, 70, 72(2), 72(3), 72(4), 73, 78, 79, 82 and 83

Reported in : AIR2010Cal13

Mr. Das, Counsel for the respondents, in view of the provisions of Sections 33 and 36 of the Railways Act, 1989, against the demands the petitioner's remedy, if any, is only before the Tribunal. He has relied on Jagit … provides as follows:36. Complaints against a railway administration.-Any complaint that a railway administration:(a) is contravening the provisions of Section 70; or(b) is charging for the carriage of any commodity between two stations at a rate which is unreasonable;

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Jan 12 1999

S.K.L. and Company, Bangalore Vs. Union of India and Another

Court : Karnataka

Decided on : Jan-12-1999

Subject : Civil

Acts : Railways Act, 1989 - Sections 30, 31 and 70; Constitution of India - Articles 14 and 226

Reported in : ILR1999KAR1623; 1999(3)KarLJ107

ORDER1. The Central Government is in terms of Section 30 of the Railways Act, 1989 empowered from time to time to fix by general or special order rates for the carriage of passengers … was arbitrary and offensive to Article 14 of the Constitution besides being in violation of the provisions of Section 70 of the Railways Act.2. Section 70, of the Act, inter alia provides that Railway Administration shall not make

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Mar 24 2006

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

Court : Jharkhand

Decided on : Mar-24-2006

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 … Electricity (Supply) Act. 1948, it includes a sanction holder under Section 28 of the Indian Electricity Act, 1910. Section 70 of the Electricity (Supply) Act, 1948 creates overriding effect on the Indian Electricity Act, 1910 and it further

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Mar 21 2024

Union of India versus M/S Indian Oil Corporation Ltd.

Court : Supreme Court of India

Decided on : Mar-21-2024

Reported in : [2024] 3 S.C.R. 1051

facts - Whereas an ‘illegal charge’ is illegal for everyone irrespective of the parties or facts. [Paras 60, 70, 71] Railways Act, 1989 - Whether, the claim towards the refund of difference of 110 km in freight … The following questions arise for consideration: (i) What is the scope of Section 106 sub-section (3) of the Railways Act, 1989; In other words, what constitutes an “overcharge” within the meaning of Section 106 sub-section (3) of the Railways

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Mar 27 2013

Jayakrishna Flour Mills Pvt. Ltd. Vs. Chairman of Railway Board

Court : Chennai

Decided on : Mar-27-2013

Subject : Land Acquisition

Act, 1989, can only be filed if there is contravention of the provisions of Section 70 of the Railways Act, 1989. Section 70 of the Act prohibits undue preference.39. The railway administration is barred from giving unreasonable preference or advantage to

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May 12 2015

Bagadiya Brothers Pvt. Ltd. and Anr. Vs. Union of India and Ors.

Court : Kolkata

Decided on : May-12-2015

Subject : Land Acquisition

by a railway administration in pursuance of any such order shall not be deemed to be contravention of section 70.” Section 71 of the Railways Act, 1989 empowers the Central Government if it is of the opinion that … Central government under the Indian Railways Act, 1890. The Indian Railways Act, 1890 has been repealed by the Railways Act, 1989. Section 200 of the Railways Act, 1989 deals with repeal and saving. Section 200 of the Railways Act, 1989

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May 07 2008

Rajasthan State Mines and Minerals Ltd. Vs. Union of India (Uoi) and o ...

Court : Rajasthan

Decided on : May-07-2008

Subject : Civil

Reported in : RLW2009(1)Raj46

Railways (Punitive Charges for Over-riding of Wagons) Rules, 2004 framed under the provisions of Section 73 of the Railways Act, 1989 and framed in supersession of earlier Rules of 1990 prevailing in this regard.2. The petitioner had initially laid … reproduced hereunder:36. Complaints against a railway administration: Any complaint that a railway administration:(a) is contravening the provision of Section 70; or(b) is charging for the carriage of any commodity between two stations at a rate which is unreasonable;

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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 … had gone to Warangal on his business work. On 23-5-1998 he was returning to Eluru by Train No. 7048 Secunderabad-Kakinada Gautami Express, having purchased a II class general compartment journey ticket bearing No. 57464 from Warangal to

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Mar 03 2011

M/S. Ambika Fashion Pvt. Limited Vs. Union of India

Court : Chennai

Decided on : Mar-03-2011

Subject : Railway

Acts : Railways Act - Sections 106, 103, 102(d)

were framed by the Railway Claims Tribunal, for determination:-1. Whether there was valid claim under Section 106 of Railways Act, 1989?2. Whether the railways are absolved of its liability for any indirect or consequential loss under Section 102(d) of

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