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Gajanan Dhanuka and ors. Vs. Union of India (Uoi)

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1890 - Sections 77 and 140

Reported in : AIR1959Cal215,63CWN581

assessed at Rs. 24/8as. It was also alleged in the plaint that notice under Section 77 of the Indian Railways Act had been served on the Claims Officer. Bengal Nagpur Railway, and notice under Section 80 or the Code … of these findings the suit was dismissed on the ground that the notice under Section 77 of the Indian Railways Act having been served on the Claims Officer and not on the General Manager, the service was not valid

Gopi Shyam Vs. Union of India

Court : Delhi

Subject : Civil

Acts : Railway Act, 1890 - Sections 75

Reported in : 14(1978)DLT169; 1978RLR335

the declared value by way of compensation for increased risk within the meaning of section 75 of the Indian Railways Act. On the other hand the endorsement on the parcel way-bill showed that the goods were 'N.I.' (non insured). … the silver bars.(5) The learned Trial Judge framed the following issues :- 1. Whether section 75 of the Indian Railways Act is applicable to the present case ? 2.If the issue No. 1 is proved, whether the plaintiff was

Union of India (Uoi) and anr. Vs. Abdul Karim Abdul Rahim and Co.

Court : Mumbai

Subject : Civil

Acts : Indian Railways Act, 1890 - Sections 73, 74, 74(1), 74(4), 76 and 77C; Code of Civil Procedure (CPC) - Sections 80

Reported in : I(2005)ACC656; 2006ACJ2762; 2004(4)ALLMR57

was preferred before Station Superintendent, Howrah. The railway administration was served with notice under Section 74(1) of the Indian Railways Act 1890 and Section 80 of the Code of Civil Procedure but in vain and, therefore, the plaintiff filed … that admittedly all the four consignments were booked under owner's risk and in view of Section 74 of Indian Railways Act, the railway administration is not liable to pay the damages unless plaintiff establish by cogent evidence that there

Union of India Vs. M/S. K.D. Krishan Lal

Court : Delhi

Subject : Limitation

Acts : Limitation Act, 1963 - Sections 5 ; Indian Railways Act, 1890 - Sections 77(2)

Reported in : 2001ACJ1748; 1999IVAD(Delhi)740; AIR1999Delhi349; 80(1999)DLT412; 1999(50)DRJ446; ILR1999Delhi38

there is no negligence on the part of the defendant and they are protected under Section 77(2) of Indian Railways Act? 4. To what amount of compensation, if any, is the plaintiff entitled? 5. Whether the plaintiff is entitled … of the appellant is that through the appellant/defendant was entitled to the protection under Section 77(2) of the Indian Railways Act,1890 the Tribunal wrongly held that the said provisions were not attracted to the present case. Having considered the

Shamji Bhanji and Co. Vs. North Western Rly. Co.

Court : Mumbai

Subject : Civil

Reported in : (1946)48BOMLR698

contended that the suit was not maintainable for want of a valid notice under Section 77 of the Indian Railways Act read with Section 140 of that Act. Without prejudice to his contentions he further contended that the second … the goods from the railway company merely by reason of the endorsement. There are cases contemplated by the Indian Railways Act, 1890, where two or more persons may claim the goods which have been entrusted with the railway company

Secy. of State Vs. Anant Ram Chopra

Court : Allahabad

Subject : Civil

Reported in : AIR1927All400

rule in question was framed in the exercise of the powers vested in a Railway Administration by the Indian Railways Act and was perfectly valid.4. The trial Court held, that the iron packing employed by the Aligarh merchants was … take reasonable precautions to protect itself from loss. A Railway Administration is authorized by Section 54(1) of the Indian Railways Act (Act 9 of 1890) to impose, subject to the control of the Governor-General in Council, conditions not inconsistent

Dalal and Co. Vs. the Union of India Through General Manager, Western ...

Court : Gujarat

Subject : Civil

Acts : Railways Act, 1890 - Sections 47; Constitution of India - Article 226

Reported in : AIR1962Guj15; (1962)GLR75

for delivery on that day.' 3. The Railway relies on the rules framed under Section 47, of the Indian Railways Act by the Government of India on 28-8-1958, vide Notification No. TC-III/3036-58 dated 28-8-1958. Under these rules, in the … quoted above, it is clear that it does not infringe the rules framed under Section 47 of the Indian Railways Act by the Government of India on 28-8-1958. Free time, allowed therein is still allowed free, namely from the

Ratanlal Majumdar Vs. Alfred Ernest Young

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1890 - Sections 138 and 148(2)

Reported in : AIR1959Cal64,1959CriLJ37,63CWN78

against an order made by the learned Sub-divisional Magistrate, Sadar (North) Midnapore Under Section . 138 of the Indian Railways Act. The petitioner was a tea-stall contractor at Kolaghat Railway Station. By a notice dated the 9th March, 1955, … the notice, whereupon the Railway administration moved the Sub-divisional Magistrate for an order under Section 138 of the Indian Railways Act.2. Two points have been urged before us. The first point is that the notice to quit Under Section

Govinda Chandra Nityagopal Shaha Vs. Union of India (Uoi)

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1890 - Section 77

Reported in : AIR1960Cal571

the only point urged is whether on account of non-service of the notice under Section 77 of the Indian Railways Act the plaintiff's claim is liable to be dismissed.2. The plaintiff was the consignee in respect of two bales … learned munsif found that there was no 'loss' and that, consequently, the notice under Section 77 of the Indian Railways Act was not essential. The learned lower appellate court inferred 'loss'. The main reasons appear in the following observations

Kondapalli Virraju Vs. General Manager Representing the Union of India ...

Court : Andhra Pradesh

Subject : Civil

Acts : Railways Act, 1890 - Sections 77, 80 and 140; Code of Civil Procedure (CPC) , 1908 - Sections 80

Reported in : AIR1959AP594

This Civil Revision pension raises a question relating to the interpretation of Sections 77 and 80 of the Indian Railways Act. 1890. It arises out of a suit instituted (or recovery of a sum of Rs. 1,415/-by way of … complied with, he issued a notice both under S. SO C. P. C. and Section 77 of the Indian Railways Act to the three railway administrations, namely, fhe Southern Railway, the Central Railway and the Northern Railway, the last