Court : Punjab and Haryana
Reported in : 2009ACJ2093; (2008)3PLR185
..... so far as the compensation cases involving loss of life and injuries are concerned, compensation is awarded by the railway claims tribunals in accordance with the provisions of the railway act under chapter xiii-liability of railway administration for death and injury to passengers due to accidents and railway accidents (compensation) rules, 1990.the claim office makes payment of decretal amount as awarded by rct under sections 123 to 125 of railway act, 1989 in exercise of power conferred under section 27 of railway act. ..... 106 dated 30.5.2004 under section 175 of the railway act and section 304a of the indian penal code was also got registered. ..... however, the incident by its nature is not covered under the definition of either 'accident' or 'untoward incident' as defined in section 123 of railway act. ..... on receipt of the aforesaid representation, the chief claims officer shall take a final and appropriate decision thereupon by passing a detailed speaking order, within a period of four months from the date of the receipt of the aforesaid representation. ..... 18549 of 2004 which was disposed of by the division bench of this court on 30.5.2006 by passing the following order:the petitioners have approached this court for seeking writ of mandamus for directing the official respondents no. ..... the said claim was declined vide order dated 12.9.2006. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALD612; 2008(3)ALT370
..... further, specific stand had been taken that in case if the petitioner invokes section 11(6) of the act for appointment of an arbitrator with regard to the claims in question, the respondent-railways reserve their right, without prejudice to the contentions raised with regard to the issue of limitation that such claims made by the petitioner are time-barred and his request for appointment ..... gaur harisinghania 2006 (3) scj 511, wherein the apex court, while dealing with section 20 of the arbitration act, 1940 and article 137 of the limitation act, 1963 observed that it is now well settled that article 137 of the limitation act, 1963 applies to application under section 20 of the arbitration act, 1940 and accordingly, application under section 20 of the act for filing the arbitration agreement in court and for reference of disputes to arbitration in accordance therewith is required to be filed within a ..... made clear that the writ petitioner is at liberty to pursue the other legal remedies available to him either under section 11(6) of the act or any other appropriate remedy available to him in law. ..... 16049 of 2006 dated 3.8.2006, wherein the learned judge granted leave and liberty to the petitioner to workout appropriate remedy available under law and dismissed ..... claim of security deposit and not finalizing the bill were already asked by the petitioner in his letters dated 26.10.2006, in the legal notice dated 31.1.2007 and in his letter dated 5.5.2007 addressed to the general manager, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2008(116)FLR694]; (2008)IILLJ434P& H; (2008)149PLR101
..... after 28.1.2006 in view of new definition of the word, the answer, as to which is 'appropriate government' is to be found in section 2(a) of the industrial disputes act, 1947 under which in respect of central government company/undertaking or an industry carried on by or under the authority of the central government or railway company or specified controlled industry, the central government shall be the appropriate authority and in relation to any other establishment the government of the state in which the establishment is located shall be the appropriate government. ..... classes; (i) where contract labourer is engaged in or in connection with the work of an establishment and employment of contract labour is prohibited either because the industrial adjudicator/court ordered abolition of contract labour or because the appropriate government issued notification under section 10(1) of the clra act, no automatic absorption of the contract labourer working in the establishment was ordered; (ii) where the contract was found to be sham and nominal rather a camouflage in which case the contract labourer working the .....
Tag this Judgment!Court : Supreme Court of India
..... section 2(b) - appropriate government means, (i) in relation to the central government or any establishment wholly or substantially financed by that government, or a cantonment board constituted under the cantonments act, 2006 (41 of 2006), the central government; (ii) in relation to a state government or any establishment, wholly or substantially financed by that government, or any local authority, other than a cantonment board, the state government. ..... benefit of the visually impaired; d) making necessary curb cuts and slopes in pavements for wheelchair users; e) f) engraving the surface of zebra crossings for the visually impaired; engraving the edges of railway platforms for the benefit of the visually impaired; g) designing appropriate symbols of disability (for identification of reserved parking spaces, etc); h) i) j) k) providing warning signals at necessary places; building ramps in all public places; providing auditory feedback in lifts; and providing ramps in all ..... guidelines as revised and the iit roorkee access audit template, and 50 to upload the audit reports on the website.3) for an order directing the uoi to complete the retrofitting of 50% of the remaining railway stations in the country by december 2019 and the remaining railway stations by december 2020 in accordance with the harmonized guidelines as revised and the iit roorkee accessibility template and thereafter complete the accessibility audits by december 2020 and upload the .....
Tag this Judgment!Court : Chennai
..... the electricity act,2003 is having overriding effect subject to section 173 of the act, which relates to the consumer protection act,1986 or the atomic energy act,1962 or the railways act,1989. ..... but if the appropriate government had not passed any order in terms of section 164 of the electricity act, 2003 conferring such a power upon the licensee, to exercise any power under the telegraph act, then the licensee has to obtain prior consent of the owner or occupier, as per rule 3(1)(a) of the works of licensees rules 2006 to carry out the works. ..... --nothing contained in this act or any rule or regulation made thereunder or any instrument having effect by virtue of this act, rule or regulation shall have effect insofar as it is inconsistent with any other provisions of the consumer protection act, 1986 or the atomic energy act, 1962 or the railways act, 1989.174. ..... though the plea that initially, it was intended by the respondents to lay the line in the property belonging to the railways was not disputed, it was explained therein that since the same required lot of time to get necessary clearance and due to certain technical reasons, the proposal had been changed and it was decided to lay .....
Tag this Judgment!Court : Supreme Court of India
..... section 2(b) - appropriate government means, (i) in relation to the central government or any establishment wholly or substantially financed by that government, or a cantonment board constituted under the cantonments act, 2006 (41 of 2006), the central government; (ii) in relation to a state government or any establishment, wholly or substantially financed by that government, or any local authority, other than a cantonment board, the state government. ..... public at large, including a building used for educational or vocational purposes, workplace, commercial activities, public utilities, religious, cultural, leisure or recreational activities, medical or health services, law enforcement agencies, reformatories or judicial foras, railway stations or platforms, roadways bus stands or terminus, airports or waterways; section 2(zd) - transportation systems includes road transport, rail transport, air transport, water transport, para transit systems for the last mile connectivity, road and street infrastructure, etc .....
Tag this Judgment!Court : Delhi
..... proceeded on the assumption that it amounts to interest on interest which is prohibited under section 3(3)(c) of interest act, 1978 (for short, 'the interest act').this is not so, as in the facts and circumstances of the present case, the decree passed by the trial court or the appellate court does not contain the mode of appropriation and in the absence of any such direction, the decree-holder is entitled to appropriate the amount deposited by the judgment debtor first towards interest, then cost ..... the central controversy relates to the manner in which payments already made by the railways are to be adjusted; the railways claim that the amounts paid by it are to be appropriated partly towards the award of claim no.1 - which the railways terms as the principal amount- and partly towards interest in terms of the calculation sheet forwarded to jnl at the time of making the remittance. ..... thus, the only issue to be addressed is whether the amount paid by the railways was to be appropriated in the manner as indicated by them in their calculation sheet annexed with their remittance note dated 18.06.2010. 20. ..... jnl, on the other hand, claims that the amounts paid by the railways are to be first appropriated towards interest and the balance towards the awarded amount. 3. ..... the railways appealed against the aforesaid order before a division bench of this court (in fao(os) nos.578, 579 of 2006) which was also rejected by an order dated 06.08.2007. .....
Tag this Judgment!Court : Guwahati
..... 'railway land' as defined in section 2(32a) of the railways act, 1989, means any land in which the government railway has any right, title ..... this unusual confrontation pitches the union of india represented by the nf railway, maligaon against the state of assam, over a challenge to the notifications dated 16.12.2006 of the deputy commissioner & collector kamrup (metro), district-guwahati, under section 3(1) of the assam land (requisition & acquisition) act 1964 (hereafter referred to as the 'assam act), seeking to requisition the land and building described in the schedules ..... referring to section 13 of the railways act 1989, ..... has persuasively urged that the land being vested in the central government and/or the railways, the notifications under section 3(1) of the assam act, are misconceived, the statute being not applicable to government lands. ..... further, no notice to the occupants of the railway quarters located thereon, having been issued, as mandated in section 3(2) and 4 of the assam act, the impugned process is liable to be adjudged, non est ..... choudhury, as against this, has questioned the maintainability of the petition, contending that an appeal under section 3(3) of the assam act, challenging the notifications being pending, the instant petition is liable to be rejected on that count ..... admittedly, an appeal under section 3(3) of the assam act, had been preferred by the petitioner before the appropriate authority of the government of assam on 29.12.2006, challenging the very same .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD726
..... appeal is directed against order dated 9-11-2006 passed by the learned single judge, whereby she allowed the writ petition filed by the respondents and quashed order dated 31-3-2006 passed by estate officer and additional divisional railway manager, south central railway, vijayawada (hereinafter referred to as 'the estate officer') under the public premises (eviction of unauthorised occupants) act, 1971 (for short, 'the 1971 act').2. ..... the respondents could have challenged the eviction order by filing an appeal under section 9 of the 1971 act, but instead of availing the statutory remedy of appeal, they directly filed writ petition under article 226 of the constitution of india by contending that the order passed by the estate officer is without jurisdiction and that the provisions of the 1971 act could not have been invoked qua the land comprised in town survey ..... the appellate authority is expected to pass appropriate order within a period of seven days of the institution of the ..... an appropriate case, in spite of availability of the alternative remedy, the high court may still exercise its writ jurisdiction in at least three contingencies: i) where the writ petition seeks enforcement of any of the fundamental rights; (ii) where there is failure of principles of natural justice; or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an act is ..... it is for them to establish their case by working out the appropriate remedy available under law. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009ACJ1332; 2008(5)ALT605
..... opinion, if we adopt a restrictive meaning to the expression 'accidental falling of a passenger from a train carrying passengers' in section 123[c] of the railways act, we will be depriving a large number of railway passengers from getting compensation in railway accidents. ..... 4,00,000/- under section 124-a and 125 of the railways act (for short 'the act') for the injuries sustained by him ..... ' as defined in section 123[c] of the railways act.11. ..... it was further held that 'since the provision for compensation in the railways act is a beneficial piece of legislation, it should receive a liberal and wider interpretation and not a narrow and technical one and the interpretation which advances the object of the statute ..... push-pull train) between mahaboobabad and warangal, he accidentally fell down from running train due to sudden jerks and jolts while train was passing between tallapusalapalle and intikanne railway stations and both his legs were cut in the middle of the thigh and left hand was cut at arm, as the wheels of train passed over them. ..... 2006(5)ald812 , wherein, it was held that 'the railways must plead and prove that the victim had an intention to sustain injury on his own accord, the exception carved out in section 124-a of the act ..... set aside and the matter is remitted to the tribunal for the purpose of fixing the appropriate amount of compensation payable to the appellant. ..... the tribunal for the purpose of fixing the appropriate amount of compensation payable to the appellant.13. .....
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