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Smt. M. Chandravathi and anr. Vs. Union of India (Uoi)
Karnataka
Mar-17-2005
Civil
Railways Act, 1989 - Sections 124, 124A and 125; ;Indian Railways Act, 1890 - Sections 82A, 82A(2) and 82C; ;Railway Claims Tribunal Act, 1987 - Sections 13, 13(1), 13(1A), 13I, 16, 17(2), 24, 123, 124 and 124A; Limitation Act - Sections 5; ;Railway (Amendment) Act, 1994 - Sections 124(A); Indian Railways Rules; ;Punjab Pre-emption Act, 1913; Haryana Pre-emption (Amendment) Act, 1995 - Sections 15; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1); Industrial Disputes Act, 1947 - Sections 17B; Motor Vehicles Act, 1988 - Sections 140 and 217; Motor Vehicles (Amendment) Act, 1998; Motor Vehicles Act, 1939 - Sections 92A
III(2005)ACC322; 2005ACJ1465; ILR2005KAR3671
Claims Tribunal rejecting the claim made by them seeking compensation under the provisions of Section 125 of the Railways Act, 1989, read with Section 123(c), 124 and 124(A) and Section 17(2) of the Railway Claims Tribunal Act, 1987.2. Relevant … 15.11.1983 was not a 'train accident' or an accident to the train but an untoward incident. That under Section 82(A) of the Indian Railways Act, 1890, as the provisions stood at the relevant time, a liability in respect
Tag this Judgment! AI Brief & AskD.B. Avalakki and Another Vs. Union of India and Others
Karnataka
Feb-08-2000
Civil
Indian Railways Act, 1890 - Sections 82-A; Railway Accidents (Compensation) Rules, 1950; Railway Accidents (Compensation (Amended) Rules, 1984 - Rule 6; Railways Act, 1989 - Sections 124 and 129; Railway Accidents (Compensation) Rules, 1990 - Rule 3; Railway Claims Tribunal Act, 1987 - Sections 13, 18(3) and 30(2); Code of Civil Procedure (CPC), 1908 - Sections 34(1); Railway Accident (Compensation) Rules, 1989; Railways Claims Tribunal Rules, 1989 - Order XXXIII, Rule 32
II(2000)ACC764; 2001ACJ1258; AIR2000Kant269; ILR2000KAR1613; 2000(4)KarLJ237
amount of compensation payable under Section 82-A of the Old Act (corresponding Section is 124 of the Indian Railways Act, 1989) is to be determined on the basis of the statutory rules as those stood on the date of
Tag this Judgment! AI Brief & AskRajasthan State Electricity Board Vs. Union of India and ors.
Mumbai
Mar-02-2001
CivilLimitation
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
2002ACJ992; AIR2001Bom310; 2001(3)ALLMR400; 2001(4)BomCR239; (2001)4BOMLR725; 2001(3)MhLj479
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, … or non-delivery of animals or goods entrusted to a railway administration for carriage by railway;(ii) compensation payable under Section 82 of the Railways Act or the rules made thereunder; and (b) in respect of the claims for refund
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Shah Jayantilal Jivraj and Co. Vs. the Union of India (Uoi) Owning Sou ...
Chennai
May-17-2006
Civil
Railways Act, 1989 - Sections 81, 82(1), 84 and 85; Railway Claims Tribunal Act, 1987 - Sections 21; Indian Railways Act, 1890 - Sections 54, 55 and 56A
IV(2006)ACC236; 2006(3)CTC438; (2006)3MLJ99
either a Judicial Member or a Member (Technical). He would contend that as per Section 81 of the Railways Act 1989, where the consignment arrives in a damaged condition or shows signs of having been tampered with and the … Counsel for the appellant fails.8. With regard to the second contention of the learned Counsel for the appellant, Section 82(1) of the Railways Act states that the consignee should take delivery of the consignment or part thereof nothwithstanding
Tag this Judgment! AI Brief & AskFood Corporation of India Vs. Union of India (Uoi) and anr.
Mumbai
Feb-07-2006
Civil
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
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 … a railway administration for carriage by railway; (ii) compensation payable under Section 82-A of the Railways Act or the rule made thereunder; and Similarly, Section … 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
Tag this Judgment! AI Brief & AskKumari Savitri Roy Vs. Union of India
Allahabad
Jan-06-1994
Civil
Railways Act, 1890 - Sections 66, 68, 82A and 82F(2); Railways Act, 1989 - Sections 123 and 124; Workmen's Compensation Act, 1923 - Sections 2; Railway Accidents Compensation Rules, 1989; Railway Accidents Compensation Rules, 1950 - Rule 6
I(1994)ACC418; 1994ACJ720; AIR1994All239
a passenger for the purposes of the liability of the Railways has been set at rest by the Railways Act 1989 wherein the explanation to S. 124 of the Railways Act 1989 corresponding to old Sec. 82-A of the … to perform his duty was not a bona fide passenger and consequently the application was not maintainable under Section 82A of the Indian Railway Act. The Claims Commissioner came to the conclusion that late R.N. Roy was
Tag this Judgment! AI Brief & AskBhagaban Dey Vs. Union of India (Uoi) and ors.
Kolkata
Apr-29-2009
Civil
Railways Act, 1989 - Sections 30, 33, 36, 37, 43, 48, 70, 72(2), 72(3), 72(4), 73, 78, 79, 82 and 83
AIR2010Cal13
Mr. Das, Counsel for the respondents, in view of the provisions of Sections 33 and 36 of the Railways Act, 1989, against the demands the petitioner's remedy, if any, is only before the Tribunal. He has relied on Jagit … complaint lodged questioning the reasonableness of wharfage charges demanded by a railway administration according to the provisions of Section 82. What Clause (b) of Section 37 provides is that the tribunal shall have no jurisdiction over any issue
Tag this Judgment! AI Brief & AskThe Sales Tax Practitioners' Association of Maharashtra and Tushar P. ...
Mumbai
Mar-28-2008
Sales Tax/VATConstitution
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 -
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 … practitioners in a bid to favour a particular class at the cost of rest of the categories. Under Section 82 of the Act, various categories of persons are entitled to practice who are called sales tax practitioners. They
Tag this Judgment! AI Brief & AskUnion of India (Uoi), Secunderabad Vs. B. Koddekar and anr.
Andhra Pradesh
Jun-07-2002
Civil
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
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 … among them.17. C.M.A.No. 546 of 2000 : This appeal is filed against the order made in OAA No. 82 of 1999 dated 22-9-1999. Three claimants have filed the said application seeking a compensation of Rs. Four lakhs
Tag this Judgment! AI Brief & AskSri D. Srinivasa Vs. Union of India
Karnataka
Jan-07-1994
Civil
Railway Claims Tribunal Act, 1890 - Sections 82-A; Present Act, 1989
1994ACJ1151; AIR1995Kant223; ILR1994KAR486; 1994(1)KarLJ335
Section 13A(II)of the Act. The Tribunal considering the maintainability of the application under S. 82-A of the Indian Railways Act, 1890, (Section 124 of the( present Act, 1989), held that the application was not maintainable and directed the
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