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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 … train for traffic purposes, as provided by Rule 95. As per Rule 96 of the said Rules, when a train is within station limits, the … chaos and passengers were 'fighting their best to get into the train'. The passengers were sitting on joining sections between the two compartments and some were sitting even on outer part of the windows of the compartments

Indian Iron and Steel Company Ltd. Vs. Bhim Maya Chettri

Court : Kolkata

Subject : Labour and Industrial

Acts : Workmen's Compensation Act - Sections 2(1), 3 and 30; ;Railways Act, 1989 - Section 2; ;Factories Act, 1948 - Section 2; ;Code of Civil Procedure (CPC) - Section 96

Reported in : 2009ACJ2133,2008(2)CHN1042,[2008(119)FLR22],(2009)ILLJ476Cal

means any person who is:(i) a railway servant as defined in Clause (34) of Section 2 of the Railways Act, 1989 (24 of 1989) not permanently employed in any administrative, district or sub-divisional office of a railway and not … the finding. We cannot reappreciate the evidence on record like a first Appellate Court within the meaning of Section 96 of the Code of Civil Procedure. Simply because from the selfsame materials another view is possible, such fact

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

Rail Land Development Authority vs.yantti Buildcon Pvt. Ltd.

Court : Delhi

Subject : Land Acquisition

under:-"8. RLDA has been constituted by the Central Government in exercise of powers under Section 4 of the Railways Act, 1989, with the object of undertaking development of vacant land of Railways on its behalf. The objective being to … raise a supplementary claim of ₹62,50,954/- on account of Bangalore Metro Rail Corporation Limited (hereafter „BMRCL‟) taking over 966.44 sq. mtrs. of the said land in terms of Clause 4.1.18 (c) of the Development Agreement. On 08.04.2013,

Rail Land Development Authority vs.yantti Buildcon Pvt Ltd

Court : Delhi

Subject : Land Acquisition

under:-"8. RLDA has been constituted by the Central Government in exercise of powers under Section 4 of the Railways Act, 1989, with the object of undertaking development of vacant land of Railways on its behalf. The objective being to … raise a supplementary claim of ₹62,50,954/- on account of Bangalore Metro Rail Corporation Limited (hereafter „BMRCL‟) taking over 966.44 sq. mtrs. of the said land in terms of Clause 4.1.18 (c) of the Development Agreement. On 08.04.2013,

K.C.P. Ltd. Vs. Prudential Sugar Corporation Ltd.

Court : Andhra Pradesh

Subject : Company

Acts : Companies Act, 1956 - 433, 434, 434(1)and 439(1); ;Sale of Goods Act, 1930 - Sections 2(8); ;Insolvency Act; ;Indian Contract Act - Sections 73; ;Central Act, 1965 - Sections 4; ;General Clauses Act, 1897 - Sections 6; ;Indian Railways Act - Sections 46A; ;Code of Civil Procedure (CPC) - Sections 2(2), 96 and 100; ;Constitution of India - Article 136

Reported in : [2005]127CompCas66(AP); [2006]68SCL353(AP)

observed as under (page 753) :'It may be true that by reason of Section 46A of the Indian Railways Act the judgment of the Tribunal was final but by reason thereof the jurisdiction of this court to exercise … or final. As against a judgment and decree unless otherwise restricted, a first appeal would be maintainable under Section 96 of the Code and a second appeal under Section 100 thereof. A decree within the meaning of Section

Govind Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Allahabad

Subject : Land Acquisition

Reported in : (2006)(3)SLJ59CAT

to create such new Zonal Railways is vested with the Central Government vide Section 3(4) of the Indian Railways Act, 1989 (Act 24 of 1989). Such a creation of new zones would inevitably lead to allocation and re-allocation of … Offices of North Central Zonal Railways w.e.f. 01.04.2003 including North Central Railway, Allahabad and Board's letter No. E(NG)-I 96/TR/36 dated 19.07.2002, options are called from the staff who are willing to work in the Headquarters Offices of

Union of India (Uoi) Vs. Bhala Brothers

Court : Patna

Subject : Civil

claim on the ground that the claim of the respondent was barred under Section 106 of the Indian Railways Act, 1989 inasmuch as no notice was served on the administration within six months from the date of said booking.5.

Sudhira Mondal Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Section 18; ; Railways Act, 1989 - Section 129; ; Railway Accidents and Untoward Incidents (Compensation) Rules, 1990; ; Railway Accidents and Untoward Incidents (Compensation) (Amendment) Rules, 1997

Reported in : 2005ACJ1457,AIR2004Cal270

facts and law are involved. In both the cases compensation has been claimed under Sec. 124 of the Railways Act 1989 for alleged death of the Rly. passengers in a Rly. accident.Admittedly on 25-11-1995, C-252 Dn Bardhaman-Howrah (Chord) Local … Jayanta Kumar Biswas, J.1. This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'the Act'). The appellant, who was

Union of India (Uoi) Vs. Satish Patidar and anr.

Court : Madhya Pradesh

Subject : Civil

Acts : Railways Act, 1989 - Sections 17, 123, 123C and 124A; Railways (Amendment) Act, 1994; Railways Claims Tribunal Act, 1987 - Sections 17 and 17(1)

Reported in : 2003ACJ2081; AIR2003MP205; 2003(4)MPLJ306

is barred by limitation. It was also contended by the Union of India that Section 124A of the Railways Act, 1989 (hereinafter referred to as the 'Act of 1989), providing for compensation on account of an untoward incident was