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Union of India Vs. Chairman, U.P.S.E.B. and ors.

Court : Supreme Court of India

Subject : Electricity

Acts : Railways Act, 1989 - Sections 11 (a), (g); Electricity Supply Act, 1948 - Section 43A, 15A, 2(3A), 173, 26A (1); Consumer Protection Act, 1986 ; Electricity Act, 1910 - Section 27D, 9; Electricity Act, 2003 - Section 10 (2)

was very much within the jurisdiction of the Railways, inasmuch as Sections 11 (a) and (g) of the Railways Act, 1989 empower them to carry out such activity and all such necessary works for the purposes of constructing or … maintain or repair any electric traction equipment was very much within the jurisdiction of the Railways, inasmuch as Sections 11 (a) and (g) of the Railways Act, 1989 empower them to carry out such activity and all … to challenge the said notice. The High Court vide its order dated 9.11.1999 stayed operation of this notice/order. The High Court subsequently passed another order

Kishan Freight Forwarders Vs. Union of India and ors.

Court : Delhi

Subject : Constitution

Acts : Constitution of India - Articles 226, 14; Specific Relief Act; Arbitration and Conciliation Act, 1996 - Section 9; Railways Act, 1989 - Section 71; Railway Board Act, 1905 - Section 2(a)

Board which are issued by it in exercise of powers conferred on it by Section 71 of the Railways Act, 1989 read with Section 2(a) of the Railway Board Act, 1905 and notification of the Government of India, Ministry … The decision of this Court in MIC Electronics Limited was rendered in an appeal against an order under Section 9 of the Arbitration and Conciliation Act, 1996 and is distinguishable on facts. The facts in these cases are

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 … Rule 5 arises only in respect of a tenant who did not take recourse to Section 8 or Section 9 before an application for eviction has been made against him in respect of any rent in arrears by

Rajesh Anil and ors. Vs. State of Kerala and anr.

Court : Kerala

Subject : Criminal

Acts : Railways Act, 1989 - Sections 2(34), 137, 141 to 147, 150 to 157, 160 to 162, 164, 166, 168, 172 to 175, 179, 180D, 180E and 180F; Code of Criminal Procedure (CrPC) , 1974 - Sections 2, 167, 167(1), 190, 190(1), 192, 200, 202, 202(1), 202(2), 460, 461, 465, 465(2) and 482

Reported in : 2009CriLJ845

Matched in: Advocate V.V. Surendran and; P.A. Harish, Advs. Jai George, Public Prosecutor for Respondent No. 1 and; Alexander Thomas, S.C. for Railways for Respo

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

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 … Judicature at Madras. All the three civil revision petitions were heard AND a common order was passed on 9.9.2011 dismissing all the revision petitions AND confirming the order passed by the Tribunal, against which the appellant in

Smt. S. Devamma @ Devi Bai W/O Samya Naik and Thriveni D/O Samya Naik ...

Court : Karnataka

Subject : Civil

Acts : Railway Claims Tribunal Act, 1989 - Sections 16, 123, 124 and 124A; Railway Act, 1989 - Sections 123 and 124A; Railway (Amendment) Act

Reported in : 2009ACJ2427; ILR2009KAR472; 2009(2)KarLJ683:2009(1)KCCR268:2009(3)AIRKarR102:AIR2009NOC780

case on hand, the untoward accident was of the year 2001 i.e. subsequent to the amendment of the Railways Act, 1989. At the time of accident, the claimants were entitled for compensation of Rs. 4,00,000/- and death was due … of filing the application.2. An application was filed by the mother and sister of the deceased as per Section 16 of the Railway Claims Tribunal Act, 1989 (for short 'the Act') seeking to award compensation of Rs. … by the Railway Claims Tribunal, Bangalore Bench in O.A. No. 1/2002 dated 9-10-2007 ordering to pay the interest front the date of filing the application.2.

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 … deceased was a bonafide railway passenger and therefore, granted an amount of Rs.4 lakhs for the claimants with 9% interest per annum and also apportioned the same between the applicants.12. C.M.A.No. 1137 of 1999: This appeal is

Mrs Shanti Devi Vs. Union of India Through General Manager East Centra ...

Court : Jharkhand

Subject : Land Acquisition

the learned Tribunal has committed an error while appreciating the provision as contained in Section 124-A of the Railways Act, 1989. Section 124-A of the Railway Act, 1989, provides as under: Sec. 124-A “Compensation on account of untoward incident.- When

Union of India (Uoi) Through General Manager Vs. Ashokbhai Govindbhai ...

Court : Gujarat

Subject : Civil

Acts : Railways Act, 1989 - Sections 123 and 127; Railway Claims Tribunal Act, 1987 - Sections 124(A); Workmen's Compensation Act, 1923 - Sections 3; Motor Vehicles Act, 1988 - Sections 140 and 163A; Public Liability Insurance Act, 1991; Interest Act, 1978 - Sections 3; Code of Civil Procedure (CPC) - Sections 34; Arbitration Act, 1940 - Sections 9; Constitution of India - Article 38(1); Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 - Rule 3

Reported in : (2009)3GLR1845

raised contention before this Court that claimant has not made out any case of amount under provisions of Railways Act, 1989. He also raised contention before this Court that incident is not covered as an untoward incident as defined … this Court, while considering grant of interest in respect of an amount awarded in an arbitration proceeding under Section 9 of the Arbitration Act, 1940 read with Section 34 of the Civil Procedure Code, observed that there are

A. Thanikachalam and Others Vs. The Union of India owning Southern Rai ...

Court : Chennai

Subject : Land Acquisition

Civil Miscellaneous Appeals under Section 23(1) of the Railway Claims Tribunal Act, 1987 read with Section 16 of Railways Act, 1989, against the orders dated 10.09.2008 and 29.4.2008 made in O.A.Nos.51 and 121 of 2006 respectively on the file … Ex.A1-FIR, Ex.A2-Inquest report, Ex.A3-Final report, Ex.A4-Death certificate and Ex.A5-Post-mortem certificate, found that the deceased on 10.4.2006 prior to 9.15 AM while travelling by EMU train between Chengalpattu and Singaperumal Koil railway station at KM-B56/16 was accidentally hit