Advanced Search Results

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

case may be, AND shall deliver such consignment or sale proceeds in such manner as may be prescribed."Section 87 of the Railways Act, 1989 confers rule making power on the Central Government, the relevant portion of which … 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

Raghu Forwarding Agency and anr. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 78, 79, 87 and 87(2); Constitution of India - Articles 14 and 226

the Respondent Railways and paid by them under compulsion need to be refunded.5. Section 78 of the Indian Railways Act, 1989, (for short the 'Act'), reads as under :--78. Power to measure, weigh, etc.--Notwithstanding anything contained in the railway … by the learned single Judge on non-issuance of notice to the Appellants has not been challenged before us.6. Section 87 of the Act, empowers the Central Government to make Rules in respect of matters of carriage of goods.7.

Jagjit Cotton Textile Mills Vs. Chief Commercial Superintendent N.R. a ...

Court : Supreme Court of India

Subject : Civil

Acts : Sale of Goods Act, 1930 - Sections 19 and 23(1); Employees Provident Fund etc. Act, 1952; Railways Act, 1890 - Sections 3(13), 16, 29(1), 47(4), 53(1),(2), 54(1), 72(1), 72(2) and 73; Railways (Amendment) Act, 1954; Indian Railways Conference Association - Rules 6, 29 and 161A; Constitution of India - Article 14; Railways Act, 1989 - Sections 27, 55(1), 72, 73, 74, 83 and 87; Indian Railway Board Act, 1905 - Sections 2; Foreign Exchange Regulation Act, 1947 - 23(1); Customs Act, 1962

Reported in : 1998IVAD(SC)185; AIR1998SC1959; JT1998(3)SC297; 1998(3)SCALE209; (1998)5SCC126; [1998]2SCR1065

verified and noted in the forwarding note and in the railway receipt. The Railways Act, 1890 and the Railways Act, 1989 contain provisions which require that the 'average carrying capacity' of each wagon be marked on the wagon. Section … till the new Rules called 'The Railways (Punitive charges for overloading of wagons) Rules, 1990 were framed under Section 87 of the new Act (published in Gazette on 7.6.1990). Since 1981, Rule 161A has undergone minor changes concerning

Amul Potteries Vs. Employees' State Insurance Corporation

Court : Gujarat

Subject : Labour and Industrial

Acts : Employees' State Insurance Act, 1948 - Sections 1(4), 2(12), 2(19A), 39(5), 75, 82, 82(2), 85 and 87; Employees' State Insurance (Amendment) Act, 1989; Mines Act, 1952; Employees' State Insurance (General) Regulations, 1950 - Regulation 31A and 31C

Reported in : [2006(110)FLR585]; (2006)IIILLJ615Guj

of roofing tiles at Morbi. They claim to be seasonal factories. By virtue of Employees' State Insurance (Amendment) Act, 1989, some amendments were brought into the Employees' State Insurance Act. By notification dated October 20, 1989, by the … exemption is given by the State Government with effect from June 3, 1992, in exercise of powers under Section 87 of the Act. Mr. Gogia, therefore, submitted that the nature of work in the factory has not changed.

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

Court : Chennai

Subject : Land Acquisition

Wagons) 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 … 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

Raghu Forwarding Agency and anr. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Civil

Acts : Railways Act, 1989 - Sections 73, 78 and 79; Constitution of India - Articles 14 and 226; Evidence Act, 1872 - Sections 115

the endorsee allow weighment of the consignment subject to such conditions as may be prescribed. Subsection (2)(g) of Section 87 of the Act, 1989 is to the following effect : '87(1). Power to make rules in respect of … in which it was held that the rights and obligations between the Railways and its customers were governed by the terms and conditions of the … basis of the said weighment could not be levied on the petitioners under Section 73 of the Railway Act, 1989, (for short, 'the Act 1989'). In support of the aforesaid submission, Mr. Ghose and Mr. Sahewalla cited the

Smt. M. Chandravathi and anr. Vs. Union of India (Uoi)

Court : Karnataka

Subject : Civil

Acts : 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

Reported in : 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

Rajasthan State Mines and Minerals Ltd. Vs. Union of India (Uoi) and o ...

Court : Rajasthan

Subject : Civil

Reported in : RLW2009(1)Raj46

Railways (Punitive Charges for Over-riding of Wagons) Rules, 2004 framed under the provisions of Section 73 of the Railways Act, 1989 and framed in supersession of earlier Rules of 1990 prevailing in this regard.2. The petitioner had initially laid … having been framed in accordance with Section 73 and under the powers conferred on the Central Government under Section 87 of the Act are ultra vires because no guidelines have been provided in the relevant provisions of Section

Union of India (Uoi) and ors. Vs. Steel Authority of India Limited

Court : Orissa

Subject : ContractCivil

Acts : Railways Act, 1890 - Sections 27A, 76A and 78B; Railways Act, 1989 - Sections 106; Contract Act, 1872 - Sections 72; Limitation Act, 1963 - Article 55; ;Railways Claims Tribunal Act, 1987 - Sections 18 and 30; Railway Claims Tribunal (Procedure) Rules, 1989 - Rule 29

Reported in : AIR1997Ori77

mention that as the claim in question relates to a period prior to the enactment of the Indian Railways Act, 1989, reference is made to the provisions contained in the earlier Act of 1890.10. In terms of Section 28, … for it has been held in Union of India v. Steel Stock Holders Syndicate, Poona, AIR 1976 SC 879, that the Indian Railways Act does not supersede the provisions of the Contract Act.19. The question which now

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

Court : Supreme Court of India

Subject : Land Acquisition

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 … no other foundation has been laid for offering such a claim. Civil Appeal No(s). 1891-1966 of 2024 Page 87 of 95124. Despite the aforesaid, we ourselves have undertaken the pains of examining the validity of the chargeable