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Sumatidevi M. Dhanwatay Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Consumer Protection Act, 1986 - Sections 3; Indian Railways Act, 1989 - Sections 100, 103 and 124A; Constitution of India - Article 21; Railways Act, 1890 - Sections 80

Reported in : AIR2004SC2368; 2004(5)ALLMR(SC)544; 2004(2)AWC2136(SC); 2004(52)BLJR1179; (SCSuppl)2004(4)CHN86; II(2004)CPJ27(SC); JT2004(4)SC537; 2004(4)SCALE607; (2004)6SCC113

advanced that the complaint was not maintainable under the provision of Sections 100 and 103 of the Indian Railways Act, 1989. The State Commission has categorically recorded a finding that there was deficiency in service on the part of … based. Such a liability is not inconsistent with the scheme of the Railways Act of 1890 either (refer Section 80 with advantage). The proof of a fault in this case is strong and Mr. Goswami has not rightly

Union of India (Uoi) Vs. Smt. Mulko Bai

Court : Madhya Pradesh

Subject : Civil

Acts : Railway Act, 1989 - Sections 124-A; Railway (Amendment) Act, 1994; Railways Claims Tribunal Act, 1987 - Sections 13, 13(1A), 24 and 30; Railway Accident and untoward Incident (Compensation) Rules, 1990 - Rule 115

Reported in : 2003ACJ1187; AIR2002MP22; 2002(1)MPLJ407

He has further submitted that on the date of the accident which is 17-5-1991 Section 124A of the Railways Act, 1989 was not on book of statute it was subsequently inserted in the Act with effect from 1994 by … based. Such a liability is not inconsistent with the scheme of the Railways Act of 1890 either (Refer Section 80 with advantage). The proof of a fault in this case is strong and Mr. Goswami has not rightly

Food Corporation of India Vs. Union of India (Uoi) and anr.

Court : Mumbai

Subject : Civil

Acts : Railways Act, 1890 - Sections 78B, 82A and 82(2); Railways Act, 1989 - Sections 106; Code of Civil Procedure (CPC) - Sections 80 and 80(1); Railway Claims Tribunal Act, 1987 - Sections 13, 13(1), 13(2), 16, 18, 18(1), 18(3), 24, 24(1) and 24(2); Interest Act 1978 - Sections 3

Reported in : III(2006)ACC863; 2006(3)ALLMR518; 2006(5)BomCR372; 2006(3)MhLj804

as an application and not as a civil suit. It is further clear that the provisions of the Railways Act, 1989 and the Rules made thereunder are applicable for inquiring into or determining the claims by the Claims Tribunal … the Corporation on the ground that the claim was not maintainable for non-compliance of the mandatory provisions of Section 80 of Code of Civil Procedure. 2. Brief facts giving rise to the controversy in question are summarized as

Bharat Kumar and anr. Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 93 and 106; Indian Railways Act, 1890 - Sections 73, 78 and 78(B); Code of Civil Procedure (CPC) - Sections 80

Reported in : III(2004)ACC810; AIR2005Raj124; RLW2004(4)Raj2074

has not arisen from a contract with the defendants. He referred the provisions of Section 93 of the Railways Act 1989 (Section 73 of the Indian Railways Act 1890) and contended that responsibility of the defendant railway administration to pay … defendants. The plaintiffs informed the defendants vide letters dated 1.6.1980 and 17.7.1980 and thereafter served a notice under Section 80 C.P.C. on 25.8.1980 vide registered post, which was received but with no result. The plaintiffs prayed for decree

Rajammal (deceased) and Others Vs. The District Collector, Salem and A ...

Court : Chennai

Subject : Land Acquisition

is closed. Code of Civil Procedure, 1908 Section 80, Section 100 Land Acquisition Act, 1894 - Section 16 Railways Act, 1989 Section 16 Suit for declaration and mandatory injunction Plaintiff filed suit for declaration and Permanent injunction Trial Court dismissed

Mrinal Kanti Bose Vs. General Manager (Claims), N.F. Railways

Court : Guwahati

Subject : Civil

Acts : Railways Claims Tribunal Act, 1987 - Sections 13, 18 and 23; Railways Act, 1989 - Sections 2(32) and 107

Section 78 B of the Indian Railways Act, which stands repealed and replaced by Section 106 of the Railways Act, 1989. The claim application thus, contends Mr. Singh, had no valid foundation and was liable to be dismissed. Continuing … nature, the claimant issued a notice, dated 17.3.1995, under Section 78B of the Indian Railways Act, read with Section 80, CPC, claiming an amount of Rs. 25,473.00 as compensation for the loss incurred by him. The consignment, however,

Union of India (Uoi) Vs. Mulko Bai

Court : Madhya Pradesh

Subject : InsuranceMotor Vehicles

Reported in : III(2003)ACC743

nullity. He has further submitted that on the date of the accident which is 17.5.1991, Section 124A of Railways Act, 1989 was not on book of statute and was subsequently inserted in the Act with effect from 1994 by … based. Such a liability is not inconsistent with the scheme of the Railways Act of 1890 either. (Refer Section 80 with advantage). The proof of a fault in this case is strong and Mr. Goswami has not rightly

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 … consider the binding effect of various provisions of the Railways Act, such an Sections 65, 74, 75 and 80 etc. Counsel also submitted that the learned single Judge was not justified in directing the Railways to file

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 … of an amount of Rs. 18,978.88 paise.The respondent filed their Written 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

Ratnakar Tanbaji Itankar Vs. Union of India

Court : Mumbai

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 3, 13, 17(2), 15, 33, 72, 73 and 74; Railways Acts, 1890 - Sections 80 and 82A; Railways Acts, 1989 - Sections 107, 109, 124 and 125; Code of Civil Procedure (CPC), 1908 - Sections 9; Limitation Act, 1963 - Sections 5; Railway Claims Tribunal (Procedure) Rules, 1989

Reported in : 1994ACJ762; AIR1994Bom132; 1994(4)BomCR12

on the spot. The appellant thereafter filed the application before the Claims Tribunal under Section 109 of the Railways Act, 1989 (hereinafter referred to as the 'new Railways Act) claiming compensation for the death of his wife Shakuntalabai whe … Section 33 of the Claims Tribunal Act or at any rate, it should be held that the said Section 80 of the old Railways Act confers jurisdiction upon the Claims Tribunal to entertain claim for compensation for loss