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Indian Airlines Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Labour and Industrial

Acts : Air Corporations Act, 1953 - Sections 2, 7, 45 and 45(2); Industrial Employees (Standing Orders) Act, 1946 - Sections 5, 6 and 13B; Air Corporations (Transfer of Undertakings and Repeal) Act, 1994 - Sections 8; Payment of Wages Act, 1936 - Sections 2; Payment of Wages (Amendment) Act, 1964; Land Acquisition Act, 1894; General Clauses Act - Sections 8; Factories Act, 1934; United Provinces Shops and Commercial Establishment Act, 1947; Coal Mines Provident Fund and Bonus Schemes Act, 1948; Indian Mines Act, 1923; Uttar Pradesh Sales Tax Act, 1948; Indian Railways Act, 1890; Railways Act, 1989; Prevention of Corruption Act, 1947; Constitution of India - Article 141; Indian Penal Code

Reported in : 2006(3)SLJ461(Delhi)

Court has held that the expression 'Railways' defined in U.P. Sales Tax Act, 1948 with reference to Indian Railways Act, 1890 has to be construed with reference to re-enacted Railways Act, 1989.21. In the three judgments mentioned above, … and thereforee the very foundation of Air India's case had ceased to exit. It was further held that Section 8 of the Repeal Act, 1994 does not save or protect the regulations made under the Air Act.10. In

Union of India Vs. Competition Commission of India and Others

Court : Delhi

Subject : MRTP

by the petitioner regarding the exclusion of the jurisdiction of the Commission founded upon the provisions of the Railways Act, 1989. 7. The Commission thereafter considered the petitioner’s submissions with regard to the definition of the expression ‘enterprise’ contained … consequently, the proceedings before the Commission could not proceed and were liable to be referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. This objection too has been rejected by the Commission. 2. Respondent

Smt. Ganny Kaur Vs. the State (Nct) and ors.

Court : Delhi

Subject : Civil

Acts : Hindu Succession Act, 1956 - Sections 8, 15, 15(2) and 16; Motor Vehicles Act, 1923; Railways Act, 1989; Employees State Insurance Act, 1948; Insurance Act, 1938; Payment of Gratuity Act, 1972; Indian Fatal Accidents Act, 1855 - Sections 1A; Code of Civil Procedure (CPC) , 1908 - Sections 2(11); Code of Criminal Procedure (CrPC) , 1973 - Sections 357 and 357(1); Constitution of India - Article 21

Reported in : AIR2007Delhi273; 142(2007)DLT35

under different Acts. The Acts being the Indian Fatal Accidents Act, 1855, The Motor Vehicles Act, 1923, The Railways Act, 1989, The Employees State Insurance Act, 1948, The Insurance Act, 1938 and the Payment of Gratuity Act, 1972. He … two children died intestate. As per the rules of succession, in Sections 8, 15 and 16 of the Hindu Succession Act, 1956, the respondent No. … Ganny Kaur).7. It was contended on behalf of the petitioner that the general rules of succession provided in Section 15 of the Hindu Succession Act, 1956 do not provide any indication with regard to the compensation on

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 … the parties to it being under a mistake as to a matter of fact. Secondly, in terms of Section 8 of the Indian Contract Act, a contract is said to be binding when once a proposal is accepted

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

Court : Chennai

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 … Rules, 2007, framed in exercise of powers under Section 1 r/w Clause (9) of Sub-Section (2) of Section 87 of the Railways Act, 1989, therefore, these charges do not come under Clause (b) or (c) of Section

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 … rent - Deposit of rent in Court - Held, A tenant has the option to take recourse to Section 8 in case of refusal or evasion by landlord to receive rent and if landlord were to not name

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 … bonafide passenger 3) Whether the accidental fall as alleged is not an untowards incident? 4) To what relief 8. On behalf of the applicants, P.Ws. 1 and 2 were examined and Exs.A.1 to A.7 were marked. On

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, … by any such Board comparable to the Divisional Board or the State Board. The School Tribunal constituted under Section 8 of the Maharashtra Act cannot entertain appeals filed under Section 9 by the employees working in schools which

Union of India (Uoi) Vs. Santi Ranjan Dutta

Court : Kolkata

Subject : Civil

Acts : Indian Railways Act, 1890 - Section 82(B), 82(D), 82F, 200; ;New Railways Act, 1989; ;Railways Claims Tribunal Act, 1987 - Sections 13, 23 and 34; ;Workmen's Compensation Act; ;Motor Vehicles Act, 1939; ;Central General Clauses Act - Section 8; ;Probation Act - Section 18; ;Code of Civil Procedure (CPC) - Order 41 Rules 11

Reported in : 2009ACJ2398,AIR2008Cal106,2008(2)CHN985

of enquiring into and determining any claim by the Tribunal under the Act of 1987. Subsequently, the new Railways Act, 1989 was enacted and by Section 200 thereof, the Indian Railways Act, 1890, as it then stood, was repealed.5. … 1987.7. To appreciate the previously mentioned question, it will be profitable to refer to the provision contained in Section 8 of the Central General Clauses Act, which is quoted below.8. Construction of references to repealed enactments.- (1) Where

Union of India (Uoi) and ors. Vs. Agarwala and Co. and anr.

Court : Kolkata

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 65, 65(2), 72(1), 72(2), 72(3), 72(4), 78 and 79; ;Constitution of India - Article 14

Reported in : 2008(1)CHN751

be disposed of.5. The learned Single Judge, on consideration of the provisions contained in Section 79 of the Railways Act, 1989 read with the provisions of paragraph 1744 of the Indian Railway Commercial Manual-II, came to the conclusion that … fit and proper;3. The case made out by the writ petitioners may be summed up thus:(a) On October 8, 1991, M/s. Hari Trading Co. and M/s. Laxmi Trading Co. dispatched iodized salt consignments from Chirai, Gujrat to