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Union of India (Uoi) Vs. Iisco and anr.

Court : Delhi

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Sections 80; Indian Railways Act 1989 - Sections 76 and 94(2)

Reported in : I(2005)ACC862; 117(2005)DLT458

record. I find that the contentions of learned counsel is quite contrary to Section 94(2) of the Indian Railways Act 1989 contained therein. Even otherwise the question over here is one of fact which has been determined on the … Statement statement that no notice under Sec. 80 CPC was served, that the respondents were protected under Sec. 76(c) of the Railways Act, that the plaint was not signed, verified and instituted by a duly authorised person

Chief Commercial Superintendent of Railways, Secunderabad and Another ...

Court : Mumbai

Subject : Civil

Acts : Railways Act, 1890 - Sections 73, 76 and 78; Code of Civil Procedure (CPC), 1908 - Sections 80

Reported in : AIR1997Bom378

out, the Judgment and Decree passed by both the Courts below should be maintained. 8. The provisions of Section 76 of the Indian Railways Act, 1890 clearly show that the Railway Administration shall be responsible for loss, destruction, … under Section 80 of the Civil Procedure Code as also under Section 78-B r/w Section 73 of Indian Railways Act. In the suit, the plaintiff claimed damages as under :-1. Rs. 250.00 towards value of the bicycle.2. Rs. … and the learned single Judge by Judgement and Order dated 8th Sept. 1989 was pleased to dismiss the Appeal with costs.5. Being aggrieved by the

Union of India (Uoi) Vs. the Tata Iron and Steel Company Ltd.

Court : Patna

Subject : Commercial

Railways for carriage, even if loaded at the private siding. In this connection, Section 64 of the Indian Railways Act, 1989 (hereinafter, in short, referred to as the 'Act'), has laid down that the Railway Administration shall grant a … possession of the consigner or the consignee. Naturally, therefore, the photo copy of the R.R. has been filed. Section 76 of the Act has clearly laid down that the Railway Administration shall deliver the goods on surrender 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

of such railway receipt to him AND he shall have all the rights AND liabilities of the consignor."Section 76 of the Railways Act, 1989 deals with the surrender of railway receipt AND reads as follows:"76. Surrender of … 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

K.G. Sukumaran Vs. Union of India Represented by General Manager, Sout ...

Court : Central Administrative Tribunal CAT Ernakulam

Subject : Land Acquisition

that each endorsement is made by the previous holder of the receipt. (b) Under the provision of sections 76 and 77 of the Railways Act, 1989 :- The railway administration shall deliver the consignment under a railway … freight charges, should also be recorded on the invoice. (c) Under the provisions of Section 65 of the Railways Act 1989 : (1) A railway administration shall- (a) In a case where the goods are to be loaded by

Omprakash Gupta Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Subject : Constitution

Acts : States' Reorganisation Act, 1956 - Sections 51; Constitution of India - Article 226; Madhya Pradesh Municipalities Act, 1961 - Sections 87; Madhya Pradesh State Municipal Services (Executive) Rules, 1973; Madhya Pradesh General Clauses Act, 1957 - Sections 16

Reported in : 1992(0)MPLJ145

India v. Steel Stock Holders Syndicate, 1976 3 SCC 108, the words used in Section 76 of the Railways Act, 'loss, destruction, damage or deterioration' were held as used in ejusdem generis sense to indicate the actual and … of Civil Judge. This order shall accordingly govern disposal of both matters, namely, Misc. Petition No. 1185 of 1989 and Misc. Petition No. 1464 of 1989 (Omprakash Gupta v. State of Madhya Pradesh and Ors.).2. We set

M/S Global Carrying India vs.union of India & Ors.

Court : Delhi

Subject : Land Acquisition

non-compliance of giving the requisite notice within six months of overcharging as required by Section 106(3) of the Railways Act, 1989. Putting it in other words if for arising of a valid claim in law against the Railways, and

Associated Cement Companies Ltd Through Its General Manager Sri Rajesh ...

Court : Jharkhand

Subject : Land Acquisition

with respect to the missing wagon. Thereafter, on 10.12.2004, the appellant served notice under Section 106 of the Railways Act, 1989 upon the respondents/railways claiming compensation of Rs.1,94,884/-. That after the claim was agitated, then, after lapse of six … circumstances the Tribunal should have appreciated that the respondents/railways are liable to compensate the loss in terms of Section 76 of the Act by settling the claim at the earliest. Since, the respondents/railways were at fault, the Tribunal

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

Court : Supreme Court of India

Subject : Land Acquisition

an ‘Illegal Charge’ .............................. 53 iii. Whether the present case is one of ‘Overcharge’ or ‘Illegal Charge’?. .... 76 a. Applicability of Section 106(3) of the Railways Act, 1989. .................. 76 b. Whether the chargeable distance of … 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

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, … it qualifies - vide Lloyds and Scottish Finance Ltd. v. Modern Cars and Carbons (Kingston) Ltd., 1996(1) Q.B. 764 .58. Lush, J in Mulins v. Treasury of Surrey, (1880) 5 QBD 170, stated - 'when one finds