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Jayan and Another Vs. Union of India, Owing Southern Railway

Court : Kerala

Subject : Land Acquisition

Jithu died as a result of the untoward incident within the meaning of Section 124 A of the Railways Act, 1989 (hereinafter referred to as the `Act'). The respondents filed counter M.F.A.(RCT) No.91 of 2010 -2- affidavit. They have

Chandrasekharan Vs. Union of India

Court : Kerala

Subject : Land Acquisition

Reported in : 2012(3)KLJ864; 2012(3)KLT897

ThottathilB.Radhakrishnan, J. C.R. 1. The appellant was injured on 16.9.1995, in an untoward incident as defined in the Railways Act, 1989. Though the Tribunal noted that as per the entries at items 5 and 9 in Part III of … this Court in Union of India v. M. Thankaraj [AIR 2000 Ker 91], that quantum of compensation payable under the Railways Act is to be … on the premise that the applicant had claimed only such amount in his application for compensation filed under section 16 of the Railway Claims Tribunal Act, 1987, for short, the "Tribunal Act". He challenges the quantum. 2.

Agarwala and Co. and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1989 - Sections 65, 65(2), 69, 72(4), 73 and 79; ;Constitution of India - Article 226

Reported in : AIR2007Cal90

of paragraph 1744 of the Indian Railway Commercial Manual-II read with the provisions of Section 79 of the Railways Act, 1989, it was not permissible for the respondent authority to sit tight over the matter. Mr. Samanta further submits

Union of India Vs. Sanjay

Court : Madhya Pradesh

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 123, 124-A, 154, 159 and 175; Indian Railways (Amendment) Act, 1994; Indian Railways Rules - Rules 115, 120, 130 and 131

Reported in : 2003ACJ1349; 2001(4)MPHT496

Tribunal has found that the case is that of accidental death as defined in Section 123(c)(2) of the Railways Act, 1989, and the Railway has failed to prove any exceptions or grounds of defence available to them as provided … for compensation - Order of Tribunal upheld - Appeal dismissed - MADHYA PRADESH MUNICIPAL CORPORATION ACT (23 OF 1956)Section 91 & M.P. Municipal Corporation Act (1956), Section 307(5): [A.K. Patnaik, C.J., A.M. Sapre & S.K.Seth, JJ] Public nuisance

Union of India (Uoi) Vs. Orissa State Electricity Board and ors.

Court : Orissa

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 17; Limitation Act, 1963 - Sections 5 and 14

Reported in : 2002ACJ430; 90(2000)CLT639

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 … was numbered as O.A. No. 203/91. The respondents thereafter instead of pursuing O.A. No. 203/91 filed O.A. No. 91/95 on 16-10-1995 before the Railway Claims Tribunal treating the earlier ex parte decree of the Civil Court as

Selvi Travels and Etc. Vs. Union of India and Another

Court : Chennai

Subject : Constitution

Acts : Passports Act, 1967 - Sections 5, 7, 8, 9, 10, 12 and 24; Constitution of India - Articles 4, 14 and 32; Evidence Act, 1872 - Sections 115; Indian Railways Act, 1989 - Sections 47 and 66

Reported in : AIR1993Mad216

32 of Constitution of India, Section 115 of Evidence Act, 1872 and Sections 47 and 66 of Indian Railways Act, 1989 - petition for quashing Circular dated 24.07.192 - in present case licence had been issued by Government to

Ajay Maken & Ors. Vs.union of India & Ors.

Court : Delhi

Subject : Land Acquisition

To summarise the Railways' contentions: (i) Lands ―belonging to the Railways‖ fall exclusively within the purview of the Railways Act, 1989. Reference is made to the definition of ‗Railway‘ contained in Section 2(31) of the Railways Act, 1989. It … DUSIB, which after the draft list was put up by the DUSIB was inspected by as many as 915 dwellers and 84 had submitted their objections. It was pointed out by learned counsel for the DUSIB ―that

Union of India (Uoi) Vs. M. Thankaraj and Etc. Etc.

Court : Kerala

Subject : Civil

Acts : Railways Act, 1989 - Sections 124A, 126 and 129; General Clauses Act, 1897 - Sections 5, 22, 24 and 24A; Railways Accidents and Untoward Incidents (Compensation) Rules, 1990 - Rule 3(4); Railways Accidents and Untoward Incidents (Compensation) (Amendment) Rules, 1997; Code of Civil Procedure (CPC) , 1908 - Sections 34

Reported in : 2000ACJ651; AIR2000Ker91

Claims Tribunal, Ernakulam Bench granting compensation for death or personal injuries of passengers under the provisions of the Railways Act, 1989 read with Rules issued thereunder. Except M.F.A. No. 915/98 all the other appeals are at the Instance of … consider the common question of law and thereafter deal with the factual contentions raised in each case separately.2. Section 124 of the Railways Act, 1989 provides for liability of Railway administration for loss occasioned by the death … the Railways Act, 1989 read with Rules issued thereunder. Except M.F.A. No. 915/98 all the other appeals are at the Instance of the Railway administration.

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 … the order of Special Judge, Chennai in Crl. M.P. No.830 of 1999 dismissing the said petition filed under Section 91 Cr.P.C.; and (4) Crl. R.C. No.930 of 1999 filed by the petitioner against the order in Crl. M.P.

M/s. Raj Shipping and Another Vs. The State of Maharashtra, Through th ...

Court : Mumbai

Subject : Miscellaneous

(iii) Local authorities; (iv) Port Trusts; (iva) Public Charitable Trust; (v) Railway Administration as defined under the Indian Railways Act, 1989 (24 of 1989) and Konkan Railway Corporation Limited; (vi) Incorporated or unincorporated societies, clubs or other associations of … has the exclusive legislative jurisdiction in respect of them either under s. 91 (1) (a) of the British North America Act or under the residual … the MVAT Act. 18. The Respondent No. 1 has issued Notification No.VAT.1506/ CR-135-B/Taxation-1 dated 30.11.2006 in terms of Section 41(4)(b) of the MVAT Act, 2002 exempting the sales of motor spirit made at the retail outlet. Accordingly,