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Selvi J. Jayalalitha Vs. State Rep by Addl. Superintendent of Police, ...

Court : Chennai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 -- Sections 91, 147, 173, 227, 239 and 240; Indian Penal Code (IPC), 1860 -- Sections 21, 22, 24, 25, 43, 109, 120, 139, 159, 169, 403, 405, 407, 408, 409, 415 and 420; Prevention of Corruption Act, 1947 -- Sections 5(1) and 13(1); Prevention of Corruption Act, 1988 -- Sections 5; Companies Act, 1956; Constitution of India -- Article 13(3) and 21; Code of Civil Procedure (CPC), 1908 -- Order 21, Rule 73; Cattle Trespass Act, 1871 -- Sections 19; Transfer of Property Act, 1882 -- Sections 136; Railway Act, 1989 -- Sections 83, 84, 85 and 189; General Clauses Act, 1897 -- Sections 3(38)

Reported in : 2001CriLJ3074; 2000(2)CTC116

claiming by or through him, any actionable claims so dealt with by him as aforesaid.'Section 189 of the Railways Act, 1989 says-'Railway servants not to engage in trade.--A railway servant shall not- (a) purchase or bid for, either in … jointly or in shares with others, any property put to auction under Section 83 or Section 84 or Section 85, or Section 90' or (b) in contravention of any direction of the railway administration in this behalf, engage

Shah Jayantilal Jivraj and Co. Vs. the Union of India (Uoi) Owning Sou ...

Court : Chennai

Subject : Civil

Acts : 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

Reported in : IV(2006)ACC236; 2006(3)CTC438; (2006)3MLJ99

lost his right to ask for any damages. With regard to the procedure contemplated under Sections 84 and 85 of the Railways Act, 1989 is concerned, the learned Counsel for the respondent would contend that in fact … 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

Action Committee for Resolving Gujarat Salt Manufactures Vs. Union of ...

Court : Gujarat

Subject : Civil

Acts : Railways Act, 1989 - Sections 10, 64(3), 65(2), 72, 72(1), 72(2), 72(3), 72(4), 73, 73(1), 83 to 85 and 86; Foreign Exchange Regulation Act, 1947 - Sections 23(1); Employees' Provident Funds etc. Act, 1952; Customs Act, 1962; Constitution of India - Articles 14 and 226; Railways (Punitive Charges for Overloading of Wagon) Rules, 1990 - Rule 161A; Standard of Weights and Measures (Enforcement) Act, 1985; Weighment of Consignment (in Wagon Load or Train load) Rules, 1990 - Rule 4; Railways Punitive Charges for Overload of Wagons (Amendment) Rules, 2004

Reported in : (2005)1GLR889

consignor to pay penal freight, unloading charges, detention charges in exercise of power under Section 73 of the Railways Act 1989 (hereinafter referred to as the 'Railways Act'). It has been stated in the said communication of demand notices … exaction which is not compensatory in character. Reference was made in that case to Corpus juris Secundum, (Vol. 85, p.580, para 1023), to the effect that a 'penalty' can be imposed for a tax delinquency which is

Sri D. Srinivasa Vs. Union of India

Court : Karnataka

Subject : Civil

Acts : Railway Claims Tribunal Act, 1890 - Sections 82-A; Present Act, 1989

Reported in : 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 … being aggrieved by the order made by the Railway Claims Tribunal, Bangalore Bench on 28-8-1992 in O.A. No. 85/1992 holding that the application of the appellant for compensation under Section 13A(II) of the Railway Claims Tribunal Act

Union of India (Uoi) Vs. Roop Narayan and Etc.

Court : Rajasthan

Subject : Civil

Acts : Railways Act, 1989 - Sections 64 and 65; Evidence Act, 1872 - Sections 17 and 114

Reported in : 1999ACJ413; AIR1997Raj123

to be paid since the claims had fallen within the exception Clause (f) of Section 93 of the Railways Act 1989 as it was owing to the omission or negligence on the part of the consignor that the goods … The State of Bihar, AIR 1970 SC 843. (ii) Dominion of India v. Firm Museram, AIR 1950 Nagpur 85. (iii) Union of India v. Chote Lal, AIR 1973 Patna 244. (iv) Union of India v. Aluminium Industries

Union of India (Uoi) Vs. Roop Narayan and 19 ors.

Court : Rajasthan

Subject : Civil

Reported in : 1997(2)WLC455; 1997(1)WLN339

to be paid since the claims had fallen within the exception Clause (f) of Section 93 of the Railways Act, 1989 as it was owing to the omission or negligence on the were of the consignor that the goods … Sao and Anr. (supra) the Apex Court has referred 'Dominion of India v. Firm Museram AIR 1950 Nagpur 85 and U.O.I. v. S.P. Lakha Reddiar AIR 1956 Madras 176 and observed as under:The decision in the Nagpur

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 … to have been observed in the case of Dominion of India v. Firm Museram Kishunprasad, AIR 1950 Nag 85. Yet the treatment of the different railway administrations as different Units for the purpose of fastening liability on

Union of India (Uoi) Vs. State of Assam and ors.

Court : Guwahati

Subject : Property

State Government to exercise its power under the Assam Act, he urged. Referring to Section 13 of the Railways Act 1989, Mr. Choudhury, argued that the land being vested in the State Government, as is evidenced by the revenue

D. Srinivasan Vs. Union of India (Uoi)

Court : Karnataka

Subject : InsuranceMotor Vehicles

Reported in : II(1994)ACC451

13-A(II) of the Act. The Tribunal considering the maintainability of the application under Section 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 … being aggrieved by the order made by the Railway Claims Tribunal, Bangalore Bench on 28.8.1992 in O.A. No. 85/1992 holding that the application of the appellant for compensation under Section 13-A(II) of the Railway Claims Tribunal Act

Satish Kumar Vs. the State of Haryana

Court : Punjab and Haryana

Subject : Civil

Acts : Land Acquisition Act, 1894 - Sections 23

Reported in : (1994)108PLR243

Sections 80 (2) & 89 & Punjab Motor Vehicles Rules, 1989, Rules 85 & 80: [T.S. Thakur, CJ, Jasbir Singh & Surya Kant, JJ] Appeal … Haryana but in the case of Kharaiti Lal and Ors. v. State of Haryana R.F.A. No. 1642 of 1989, copy of the award given in Kharaiti Lal's case (supra) has been placed on the file of the … Jain, J.1. State of Haryana by issuance of Notification dated 43.1983 under Section 4 of the Land Acquisition Act (hereinafter to be referred to as 'the Act') sought to acquire land measuring 133.68 acres for development and