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Union of India (Uoi) Vs. Aruna Machine Tools Super B-iii

Court : Andhra Pradesh

Subject : Civil

Acts : Railways Act, 1989 - Sections 2(33), 65, 74, 106, 106(1) and 107; Railway Claims Tribunal Act, 1987 - Sections 3 and 13(1); Code of Civil Procedure (CPC) , 1908 - Sections 19 and 20; Sale of Goods Act, 1930

Reported in : 2005(2)ALD356; 2005(2)ALT391

learned Tribunal came to the conclusion that the consignor issued a valid notice under Section 106 of the Railways Act, 1989 (the Act, for brevity), that the appellant herein is liable to pay the compensation for nondelivery of the … what relief ?Additional Issue:(i) Whether the Applicant has no locus standi to maintain the application in view of Section 74 of Railways Act?4. The learned Tribunal by its order dated 16.4.1998 allowed the original application directing the appellant

M/S Kalpataru Agroforest Enterprises Vs. Union of India

Court : Madhya Pradesh

Subject : Commercial

Acts : Railway Claims Tribunal Act, 1987 - Sections 18, 18(1) and (3), 23, 30 and 30(2); Railway Claims Tribunal (Procedure) Rules, 1989 - Rules 20, 32 and 32(1); Code of Civil Procedure (CPC), 1908 - Order XLVII, Rules 1 and 2; Railways Act, 1989 - Sections 74

Reported in : 2001(4)MPHT76

paid by the appellant and title to goods had passed to the consignee under Section 74 of the Railways Act, 1989 (henceforth 'the Act') and, consequently, the appellant could not file the claim for refund of excess of freight.8.

Sr. Divisional Commercial Manager Vs. Intelligence Officer

Court : Kerala

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 3, 3(1), 3(1A), 5, 27, 28, 29, 29(2), 29A, 29A(4), 30, 30(1), 30A, 30B, 30C, 30E, 31, 31A(2), 32, 45A, 45A(1) and 46; Railways Act, 1989 - Sections 61, 62, 64, 65, 66, 67, 74, 75, 80, 93 and 97; Kerala General Sales Tax Rules, 1963 - Rules 37 and 58; Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC) - Order 5, Rule 27; Railways Rules

Reported in : 2006(1)KLT834; (2007)8VST434(Ker)

under the Sales Tax Act. Carriage of goods by railway is dealt with in Chapter IX of the Railways Act, 1989. Section 61 states that every railway administration shall maintain, at each station and at such other places where goods … of packages stated therein. Section 66 empowers the officer to require statement relating to the description of goods. Section 74 states that the property in the consignment covered by a railway receipt shall pass to the consignee or

Jagjit Cotton Textile Mills Vs. Chief Commercial Superintendent N.R. a ...

Court : Supreme Court of India

Subject : Civil

Acts : Sale of Goods Act, 1930 - Sections 19 and 23(1); Employees Provident Fund etc. Act, 1952; Railways Act, 1890 - Sections 3(13), 16, 29(1), 47(4), 53(1),(2), 54(1), 72(1), 72(2) and 73; Railways (Amendment) Act, 1954; Indian Railways Conference Association - Rules 6, 29 and 161A; Constitution of India - Article 14; Railways Act, 1989 - Sections 27, 55(1), 72, 73, 74, 83 and 87; Indian Railway Board Act, 1905 - Sections 2; Foreign Exchange Regulation Act, 1947 - 23(1); Customs Act, 1962

Reported in : 1998IVAD(SC)185; AIR1998SC1959; JT1998(3)SC297; 1998(3)SCALE209; (1998)5SCC126; [1998]2SCR1065

verified and noted in the forwarding note and in the railway receipt. The Railways Act, 1890 and the Railways Act, 1989 contain provisions which require that the 'average carrying capacity' of each wagon be marked on the wagon. Section … Act, i.e. after 1.7.1990. This period does not present much difficulty in view of the specific provision in Section 74 of the new Act which deals with passing of property in the goods upon delivery of the railway

M/S. Nbk Trade Linker Pvt. Ltd. and Others Vs. Railway Board and Other ...

Court : Allahabad

Subject : Land Acquisition

Board with all the powers and functions of the Central Government under Sections 30 and 31 of the Railways Act, 1989. Section 2 (35) of the Act, 1989 defines "rate". Section 2 (35) is as follows: "2(35) "rate" includes any … Railway Board. Demurrage and warfage charges were levied on the petitioners in accordance with the rate circulars dated 74 of 2005 and 21 of 2007. The Divisional Railway Manager, Varanasi by different orders permitted Railway Station, Indara

Sanjay Sampatrao Gaikwad Vs. Union of India (Uoi)

Court : Mumbai

Subject : Civil

Acts : Railways Act, 1989 - Sections 24A, 123, 123C, 123C(1), 123(1), 124, 124A, 124(2), 124(3), 124(4), 125, 125(1) and 126; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1) and 3(2); Indian Railways Act, 1890 - Sections 82; Indian Railways Rules - Rule 3; Railway Accident (Compensation) Rules, 1989

Reported in : II(2006)ACC424; 2006ACJ656; AIR2005Bom409

incident within the meaning of the said expression under Section 24A read with Section 123(C ) of the Railways Act, 1989, hereinafter called as 'the said Act'. The Tribunal had also awarded interest at the rate of 9% from … 123(C)(1)(ii) of the said Act. He has further submitted that in case of the appellant in LPA No. 74 of 2003, he was not a bona fide passenger. Placing reliance in the decision in the matter of

Shree Shyam Agency. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Railways

Acts : Railway Claims Tribunal Act, 1987 - Sections 16, 82A; Railways Act, 1989 - Sections 124A, 61, 62, 87(2); Indian Evidence Act, 1872 - Sections 123,124; General Clauses Act, 1897 - Section 22; Railways (Manner of Delivery of Consignments AND Sale Proceeds in the Absence of Railway Receipt), Rules, 1990

Reported in : (2013)1SCC283

may be, the number of packages stated therein, shall lie on the consignor, the consignee or the endorsee."Section 74 of the Railways Act, 1989 deals with the passing of property in the goods covered by railway receipt … shall also exercise, on AND from the date of commencement of the provisions of section 124A of the Railways Act, 1989 (24 of 1989), all such jurisdiction, powers AND authority as were exercisable immediately before that date by any

Sunderlal Vs. Commissioner of Customs (Prev.)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Subject : Service Tax

Reported in : (2003)(155)ELT143Tri(Kol.)kata

production of the relevant documents. My attention has been drawn to the provisions of Section 74 of the Railways Act, 1989. The Railways are not concerned with the person as to who is the actual consignor or consignee. They

Tata Iron and Steel Co. Ltd. Vs. Durgapur Project Ltd.

Court : Kolkata

Subject : Arbitration

site did not ever pass from the petitioner to the respondent. The arbitrator considered the apparent departure in Section 74 of the Railways Act, 1989 from the position that obtained under the previous statute. The arbitrator felt that … transpired that neither party had lodged any claim with the railways within the period of limitation under the Railways Act, 1989. It also appears to be the fairly admitted position as evident from the award that the petitioner gave

Potey Brothers and ors. Vs. Union of India (Uoi)

Court : Mumbai

Subject : CivilProperty

Acts : Indian Railways Act, 1890 - Sections 73, 74 and 78B; Railway Coaching Tariff Rules - Rules 606, 618 and 619; Code of Civil Procedure (CPC) , 1908 - Sections 80; Indian Railways Commercial Manual - Rules 907 and 933

Reported in : 1997(3)ALLMR160; 1998(1)BomCR497

between the parties, in all the appeals, the appellants/original applicants issued notices under section 78-B of the Indian Railways Act, 1890, and section 80 of the Code of Civil Procedure. In spite of the statutory notices received by … on the next day. Though the parcel way bill was presented on 22nd, 23rd and 24th of April, 1989, no delivery was given as the consignment was not reached it's station of destination. The appellants very specifically … which are available to the Railway Authority to take advantage of section 74-A of the Indian Railways Act, 1890. His Lordship observed that;'Before the Railway