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Bharat Kumar and anr. Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 93 and 106; Indian Railways Act, 1890 - Sections 73, 78 and 78(B); Code of Civil Procedure (CPC) - Sections 80

Reported in : III(2004)ACC810; AIR2005Raj124; RLW2004(4)Raj2074

has not arisen from a contract with the defendants. He referred the provisions of Section 93 of the Railways Act 1989 (Section 73 of the Indian Railways Act 1890) and contended that responsibility of the defendant railway administration to pay

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

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

Union of India (Uoi) Vs. Indian Oil Corporation

Court : Delhi

Subject : Civil

Acts : Railways Act, 1989 - Sections 93, 94 and 98

Reported in : I(2005)ACC470; 116(2005)DLT439

applicant has no locus standi to sue, that the amount claimed is excessive and that Sec.93(f)(i) of the Railways Act, 1989 is applicable in this case and has also taken the shelter under Section 98 on the ground that

Union of India (Uoi) Vs. Hindustan Petroleum Corporation Limited

Court : Delhi

Subject : Civil

Acts : Railway Act, 1989 - Sections 93, 94, 97, 98 and 106

Reported in : I(2005)ACC66; 115(2004)DLT552

Tribunal finds that there is no evidence on record to show that the Railways can claim protection under Section 93 by insinuating that the consignments were not properly sealed and/or handed over in defective condition. On the contrary, … Motor Spirit (Petrol) booked with the Respondent railway administration? 3. Whether a valid notice u/s 106 of the Railways Act was served upon the respondent? 4. To what amount, if any, the applicant is entitled to as compensation? … not signed, verified and filed by a duly authorised person and sought protection under Sec.93/97/98 of the Railway Act 1989 (for short the 'Act'). It is further alleged that the loading and sealing of the wagon was not

Indian Oil Corpn. Ltd. Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Civil

Acts : Railways Act, 1989 - Sections 93

Reported in : 2006(89)DRJ349

to the respondent railway administration for transportation to the destination station, in terms of Section 93 of the Railways Act, 1989, it is the railway administration which would be responsible for the loss of the consignment. 9. The Tribunal

Sr. Divisional Commercial Manager Vs. Intelligence Officer

Court : Kerala

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 3, 3(1), 3(1A), 5, 27, 28, 29, 29(2), 29A, 29A(4), 30, 30(1), 30A, 30B, 30C, 30E, 31, 31A(2), 32, 45A, 45A(1) and 46; Railways Act, 1989 - Sections 61, 62, 64, 65, 66, 67, 74, 75, 80, 93 and 97; Kerala General Sales Tax Rules, 1963 - Rules 37 and 58; Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC) - Order 5, Rule 27; Railways Rules

Reported in : 2006(1)KLT834; (2007)8VST434(Ker)

under the Sales Tax Act. Carriage of goods by railway is dealt with in Chapter IX of the Railways Act, 1989. Section 61 states that every railway administration shall maintain, at each station and at such other places where goods … were also being given to effect seizure of the goods suspected of tax evasion, as provided for under Section 93 of the Railways Act....All the same it is submitted that the Railways have no objection in respect of

Suresh Kumar Agarwal Vs. Union of India (Uoi)

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1989 - Sections 64, 65, 73, 93, 102 and 110

and the relevant law on the subject. 7. Mr. Chakraborty relied on Sections 93 and 110 of the Railways Act, 1989 (hereinafter referred to as the said Act of 1989) whereas Mr. Banerjee relied on Sections 64, 65 and … or the weight as disclosed by them in the forwarding note and featured in the Railway Receipt. 9. Section 93 talks about the general responsibility of the Railway Administration in carrying the Consignment. It indemnifies the Railways from

Pushpaben Jitendrakumar Shah and ors. Vs. Union of India (Uoi) and ors ...

Court : Gujarat

Subject : Civil

Acts : Indian Railways Act, 1890 - Sections 47, 63, 93, 101, 109 and 109(1); Railways Act, 1989 - Sections 47, 47(1), 66(1), 67, 67(1), 67(2), Rules 95, 96, 102, 114, 115, 115(b), 120, 121, 128, 129, 130, 131, 137, 138, 150 and 163

Reported in : II(2005)ACC185; 2005ACJ191; AIR2004Guj370; (2004)3GLR2206

was applicable in the instant case, since the accident occurred prior to the coming into force of the Railways Act, 1989), the railway administration was bound to fix and display the maximum number of passengers that may be carried … if the provision of section 63 were not complied with, the railway was liable to be punished under Section 93 of the Act for contravention thereof. It was also argued that, if any railway servant, when on duty,

Union of India (Uoi) Owning Southern Railway Represented by Its Genera ...

Court : Chennai

Subject : Civil

Acts : Railways Act, 1989 - Sections 64, 66 and 93; Railways (Extent of Monetary Liability and Presumption of Percentage Charge) Rules, 1990

Reported in : (2006)4MLJ906

above issues, it would be proper for this Court to refer to Sections 64 and 93 of the Railways Act, 1989 and they are as follows:Section 64 Forwarding Note1. Every person entrusting any goods to a railway administration for