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Union of India Through Its General Manager North Eastern Railway Gorak ...

Court : National Consumer Disputes Redressal Commission NCDRC

Subject : MRTP

to discharge. 6. Learned counsel has also relied on the provisions of sections 97 and 100 of the Railways Act, 1989 under which the railways cannot be held liable for compensation in this case and the State Commission erred … the complainant which she has failed to discharge. 6. Learned counsel has also relied on the provisions of sections 97 and 100 of the Railways Act, 1989 under which the railways cannot be held liable for compensation

Union of India Through Its General Manager North Eastern Railway Gorak ...

Court : National Consumer Disputes Redressal Commission NCDRC

Subject : MRTP

to discharge. 6. Learned counsel has also relied on the provisions of sections 97 and 100 of the Railways Act, 1989 under which the railways cannot be held liable for compensation in this case and the State Commission erred … the complainant which she has failed to discharge. 6. Learned counsel has also relied on the provisions of sections 97 and 100 of the Railways Act, 1989 under which the railways cannot be held liable for compensation

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 … officer or authority subordinate to the Central Government or a State Government authorised by it in that behalf. Section 97 states that notwithstanding anything contained in Section 93, a railway administration shall not be responsible for any loss,

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 … Mandi, Rohtak,Sub : Payment of re-weighment & Haulage charges Rs. 94080/- As per Coml. CNL Message No. 675/CC/ 9706 dt. Re-weighmet of coal Rake permitted. So Pl. deposit the Re-weighment charges & haulage charges as citedabove before

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

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 … 4. Counsel for the appellant submits that the Railways are protected under Sections 93 and 94 of the Railways Act inasmuch it was the duty

Union of India Vs. Mahindra Sah and Others

Court : Patna

Subject : Service Tax

on the part of the Railway administration in terms of the provisions of section 97 of the Railway Act, 1989. On perusal of the forwarding note (Ext.B), it would appear that the aforesaid consignment was booked by the … of the appeal are that the plaintiff booked two consignments with total 269 bags of maize at Khanna RailwayStation by the defendant-2nd party as per R.R. nos. 259711 dated 11.1.1979 and 259712 dated 11.1.1979 to be delivered

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

Enterprises, (1997) 2 Gauhati LT 257, 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 contract between the parties and that … 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 … Reweighment & Haulage Charges Rs. 94,080/-As per Coml., CNL Message No. 675/CC/ 9706 dt. Reweighment of coal Rake permitted. So PL deposit the Reweighment charges

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

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 … West Central Railway, Jabalpur, w.e.f, 1.4.2003 with following jurisdiction, has since been issued vide this Ministry's Notification No. 97/E&R/700/1/Notification, dated 4.7.2002:_______________________________________________________________________S.No. Railway/BQ Area of Jurisdiction________________________________________________________________________1. East Coast Railway, Khurda Road, Waltari and Sambal- Bhubaneshwar pur Divisions of

M/S Kalpataru Agroforest Enterprises Vs. Union of India

Court : Madhya Pradesh

Subject : Commercial

Acts : Railway Claims Tribunal Act, 1987 - Sections 18, 18(1) and (3), 23, 30 and 30(2); Railway Claims Tribunal (Procedure) Rules, 1989 - Rules 20, 32 and 32(1); Code of Civil Procedure (CPC), 1908 - Order XLVII, Rules 1 and 2; Railways Act, 1989 - Sections 74

Reported in : 2001(4)MPHT76

paid by the appellant and title to goods had passed to the consignee under Section 74 of the Railways Act, 1989 (henceforth 'the Act') and, consequently, the appellant could not file the claim for refund of excess of freight.8.