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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

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 Central Government had imposed, for movement of coal wagons over this section … 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,

Kishan Freight Forwarders Vs. Union of India and ors.

Court : Delhi

Subject : Constitution

Acts : Constitution of India - Articles 226, 14; Specific Relief Act; Arbitration and Conciliation Act, 1996 - Section 9; Railways Act, 1989 - Section 71; Railway Board Act, 1905 - Section 2(a)

Board which are issued by it in exercise of powers conferred on it by Section 71 of the Railways Act, 1989 read with Section 2(a) of the Railway Board Act, 1905 and notification of the Government of India, Ministry

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

Court : Mumbai Nagpur

Subject : Education

realized illegality in such restriction, Railways have withdrawn the same. She has invited our attention to provisions of Section 71 of Railways Act, 1989, to show that power has been given to Central Government to issue general or … 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.

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

Court : Mumbai

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 … law and consequently will not be able to appear before any sales tax authority notwithstanding the provisions of Section 71 of the Bombay Sales Tax Act.We may only point out that Section 29 of the Advocates Act till

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

Court : Kolkata

Subject : Land Acquisition

the Special Rates Circular dated March 27, 2007 and the amendments thereof are ultra vires the provisions of Section 71 of the Railways Act, 1989. It is contended on behalf of the writ petitioners that, the Rationalisation Scheme … 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

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

Court : Supreme Court of India

Subject : Land Acquisition

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 Central Government had imposed, for movement of coal wagons over this section … 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

ishwarbhai H. Parmar Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Ahmedabad

Subject : Land Acquisition

Reported in : (2005)(2)SLJ49CAT

Notwithstanding anything contained in Rule 125(1)(b), on the Central Government issuing an order under Section 71(1)(b) of the Railways Act, 1989 that goods specified in the order can be carried and charged by a route specified therein or by

Bagadiya Brothers Pvt. Ltd. and Anr. Vs. U.O.I. and Ors.

Court : Kolkata

Subject : Land Acquisition

them. This demand of alleged under-charge amount is claimed by the Railways under the Rationalisation Scheme issued under Section 71 of the Act of 1989 read with special rates circular, both as amended from time to time and … by which the Railways in purported exercise of powers, not vested in it, under the provisions of the Railways Act, 1989 (hereinafter referred to as the Act of 1989 and rules framed thereunder, have illegally withheld the refundable amount

Union of India (Uoi) and ors. Vs. Gujarat Ambuja Cements Ltd.

Court : Supreme Court of India

Subject : Constitution

Acts : Indian Railways Act, 1890 - Section 27-A; Constitution Of India - Articles 136, 226

Reported in : (2003)9SCC243

a question arose as to whether the Central Government had issued orders under Section 27-A of the Indian Railways Act, 1890 (Section 71 of the new Act, 1989).2. The contention put forth on behalf of the writ petitioners

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