Court : Mumbai
Reported in : AIR1914Bom104; (1914)16BOMLR104
..... it is well established that a railway company acting under section 16 of the railways clauses consolidation act, 1845, (upon which section 7 of the indian railways act is closely modelled) by constructing a railway upon and across part of the bed of a navigable river or across a highway is doing what if done by an unauthorized person would be indictable as a nuisance : see abraham v. ..... had authority to make and maintain the lines of railway under section 7 of the indian railways act (ix of 1890) which so far as is material is in the following terms:-(1) subject to the provisions of this act and, in the case of immoveable property not belonging to the railway administration, to the provisions of any enactment for the time being in force for the acquisition of land for public purposes and for companies, and subject also, in the case of a railway company, to the provisions of any contract between ..... the statutory authority under section 7 of the railways act to lay the railway across the street without resort to the land acquisition act being in our opinion established, the application of section 293 of the city of bombay municipal act is excluded by the words ' notwithstanding anything in any other enactment for the time being in force. ..... where a railway company wishes to lay a line of railway upon and across a street it is neither necessary nor appropriate to proceed under the land acquisition act for the acquisition of the land. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1919Bom67; (1919)21BOMLR6
..... defendants, on the 18th december 1916, repudiated the claim on the ground that the parcel came under the head of 'writing', an excepted article under section 75 of the indian railways act, and the contents had not been declared and insured. ..... section 75 of indian railways act, 1890, runs as follows:--75 (1) when any articles mentioned in the second schedule are contained in any parcel or package delivered to a railway administration for carriage by railway, and the value of such articles in the parcel or package exceeds one hundred rupees, the railway administration shall not be responsible for the loss, destruction or deterioration of the parcel or package unless the person sending or delivering the parcel or package to the administration caused its value and contents to be ..... whether the defendants are protected from liability to the plaintiff under section 75 of the indian railways act of 1890? ..... kajiji by consent upon the preliminary issue whether the defendants are protected from liability to the plaintiff under section 75 of the indian railways act of 1890. ..... are the defendants protected by section 75 of the indian railways act?16. ..... defendants in their written statement pleaded that they were protected by section 75 of the indian railways act.13. ..... it does not appear to me that the expression 'true value' would be appropriate to the value put upon the article by the owner alone and not by any one else on account of sentiment or some special use to which he proposed to put the article .....
Tag this Judgment!Court : Karnataka
Reported in : II(2000)ACC764; 2001ACJ1258; AIR2000Kant269; ILR2000KAR1613; 2000(4)KarLJ237
..... day by any civil court or a claims commissioner appointed under the provisions of the railways act- (a) relating to the responsibility of the railway administration as carriers under chapter vii of the railways act in respect of claims for- (i) compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a railway administration for carriage by railway; (ii) compensation payable under section 82-a of the railways act or the rules made thereunder; and (b) in respect of the claims for refund of ..... the date of commencement of the provisions of section 124-a of the railways act, 1989, all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court in respect of claims for compensation now payable by the railway administration under section 124-a of the said act or the rules made thereunder. ..... ,(i) whether the amount of compensation payable under section 82-a of the old act (corresponding section is 124 of the indian railways act, 1989) is to be determined on the basis of the statutory rules as those stood on the date of accident or the same needs to be determined in accordance with the amendments made to ..... it has been made incumbent on the tribunal to exercise powers of a civil court in relation to grant of compensation and since it pertains to substantive right of the claimant, the tribunal, in not passing appropriate orders ordering interest has erred in not exercising the said jurisdiction.29. .....
Tag this Judgment!Court : Allahabad
Reported in : [2000]120STC46(All)
..... the question arose in the assessment of the assessee to sales tax under the rajasthan sales tax act, 1954, and the central sales tax act, 1956, as to whether the amount of freight deducted from the 'free on rail destination railway station price' (hereinafter for the sake of brevity referred to as f.o.r. ..... controller shall maintain an account to be known as the cement regulation account to which shall be credited the amounts paid by the producer under clause 9 and such other sums of money as the central government may, after due appropriation made by parliament by law in this behalf, grant from time to time. ..... the explanation to sub-section (1) of section 8 provides that 'the tax admittedly payable means the tax which is payable under this act on the turnover of sales or, as the case may be, the turnover of purchases, or of both, as disclosed in the accounts maintained by the dealer or admitted by him in any return or proceeding under this act, whichever is greater'. ..... price) in the invoices made out by the assessee and paid by the purchasers formed part of the 'sale price' within the meaning of the definition of that term in section 2(p) of the rajasthan sales tax act, 1954 and section 2(h) of the central sales tax act, 1956. ..... the provision relating to interest in the latter part of section 9(2) can be employed by the states' sales tax authorities only if the central act makes a substantive provision for the levy and charge of interest on central sales tax and only to that extent .....
Tag this Judgment!Court : Allahabad
Reported in : [2005(107)FLR529]
..... relevant portions of rule 56 (j) of the fundamental rules reads as under:'56 (j) notwithstanding anything contained in this rule, the appropriate authority shall, if it is of the opinion that it is in the public interest so to do, have the absolute right to retire any government servant by giving him notice of not less than three months in writing or three months ..... l recommended that the proceedings be initiated against the petitioner under rule 153 of the railway protection force rules, 1987 (hereinafter referred to as 'the rules, 1987') and held that both the charges 1 and ..... law that the order of dismissal/ removal from service can be awarded only for the acts of grave nature or as cumulative effect of continued misconduct preventing incorrigibility or complete unfitness for ..... stretch of imagination the alleged misconduct against the petitioner can be considered to be an act of grave misconduct or continued misconduct indicating incorrigibility and complete unfitness for service of the petitioner ..... these rules, the provisions by the code of criminal procedure, 1973 and the indian evidence act, 1872 shall apply to the departmental proceedings under these rules.'4. ..... (1) without prejudice to the provisions of the public servants inquiries act, 1850, no order of dismissal, removal, compulsory retirement or reduction in rank shall be passed on any enrolled member of the force (save as mentioned in rule 61) without holding- an inquiry, as far as may be in the manner provided hereinafter, .....
Tag this Judgment!Court : Orissa
Reported in : 42(1976)CLT70; (1977)ILLJ74Ori
..... ticket from kendrapara road to cutlack by 8 up while working as a ticket collector on duty at the south gate at cuttack on 15-7-1975 at 5.40 hours without issuing any receipt for the same, i have decided that under rule 14 ii of the railway servants (discipline & appeal rules, 1968, you should be removed from service with effect from the date of receipt of this letter.petitioner impugnes the said order in this application for a writ of certiorari on the ground ..... special procedure in certain cases:notwithstanding anything contained in rules 9 to 13 (which specify the requirement of article 311(2) of the constitution):-(i) where any penalty is imposed on a railway servant on the ground of conduct which has led to his conviction on a criminal charge, or(ii) where the disciplinary authority is satisfied for reasons to be recorded by it in writing, that it is not reasonably practicable to hold an inquiry in the manner provided in ..... make it clear that it is open to the disciplinary authority to suitably deal with petitioner by complying with the appropriate provisions of the disciplinary rules.7. ..... in the present context of promulgation of the emergency condition in india, the railway administration is determined to wipe out corruption at all levels and on a finding that it would not be reasonably practicable to hold inquiry to go into the charges against the petitioner , the disciplinary authority invoked the power vested in ..... 's submission that disciplinary authority acted bona fide.k.b. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC988; (2000)3CALLT44(SC); 2000CriLJ1473; JT2000(1)SC426; 2000(1)KLT655(SC); (2000)IIMLJ26(SC); 2000(1)SCALE279; (2000)2SCC465; [2000]1SCR480
..... in which it was, inter alia, observed as under (paras 38 and 39 of air):under article 226 of the constitution, the high court has been given the power and jurisdiction to issue appropriate writs in the nature of mandamus, certiorari, prohibition, quo-warranto and habeas corpus for the enforcement of fundamental rights or for any other purpose. ..... and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been ..... of the calcutta high court, filed a petition under article 226 of the constitution against the chairman, railway board; general manager, eastern railway; divisional railway manager, howrah division; chief commercial manager, eastern railway; state of west bengal through the chief secretary, home secretary government of west bengal, superintendent of police (railways), howrah; superintendent of police, howrah; director general of police, west bengal and many other officers including ..... is contended that since it was the individual act of those persons, they alone would be prosecuted and on being found guilty would be punished and may also be liable to pay fine or compensation, but having regard to the facts of this case, the railways, or, for that matter, the union of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009AIRSCW2424; AIR2009SC1314; JT2009(5)SC17; (2009)5MLJ782(SC); 2009(4)SCALE547; 2009(3)LC1488(SC); 2009(3)LHSC1489;
..... the police force was mobilized and bandobust was provided to all vital installations, state and central government offices, educational institutions, tamil nadu state transport corporation depots, bus stands, railway stations, airports, markets, places of worship, hospitals, important junctions, business areas and other places where people used to congregate and bandobust was also provided to the industrial ..... maqsud ali (1965) 2 all er 464 and observed:we think that the high court was quite right in holding that the tape-records of speeches were 'documents', as defined by section 3 of the evidence act, which stood on no different footing than photographs, and that they were admissible in evidence on satisfying the following conditions:(a) the voice of the person alleged to be speaking must be duly identified ..... patrols and mobiles were organized for ensuring free flow of traffic in the state and open line patrols were deputed for keeping watch on the railway tracks; all the courts including the madras high court were given sufficient protection; vehicle checks were organized to prevent the movement of anti-social ..... the present one, which, prima facie, in the opinion of court is concluded by judgment of this court, the main case would become infructuous, different considerations would arise and appropriate interim order should be passed. ..... (iii) to take appropriate action against the person(s) indulging in stoppage or interference with the road and rail traffic or free ..... appropriate .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009ACJ2444; AIR2009SC3098; 2009(4)AWC3171(SC); JT2009(8)SC515; 2009(8)SCALE545; (2009)7SCC372; 2009AIRSCW4984
..... : (2008)9scc527 , in which, while considering the provisions of sections 123(c)(2), 124a and 127 of the railways act, 1989 and the expression 'untoward incident' held that the provisions of section 124a is in the nature of a no-fault liability in case of railway accidents and a bona fide passenger traveling on a train would be entitled to compensation for such untoward incident irrespective of who was at ..... the railway claims tribunal by its order dated 26th march, 2007, allowed the application in part and in terms of section 123(c) of the railways act, 1989, directed the union of india and its authorities to pay to the appellants ..... such a view was expressed by this court on account of the fact that the railways act, 1989 did not fix the amount of compensation, but left it to be determined by the central government ..... mentioned in sub-section (1), -(a) judgment, order or award is given for a sum which, apart from interest on damages, exceeds four thousand rupees, and(b) the sum represents or includes damages in respect of personal injuries to the plaintiff or any other person, or in respect of a person's death, then, the power conferred by that subsection shall be exercised so as to include ill that sum interest on those damages or on such part of them as the court considers appropriate for the whole ..... on 18th august, 2006, the accused persons were convicted under section 392 of the indian penal code ('ipc', for short) and sentenced to 10 years rigorous imprisonment and to pay a .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR2524
..... or opposing or questioning his attempt to reduce the property to his possession in the name of the court, if the liquidator considers it necessary to approach the court for directions, he is merely acting under sub-section (4) of section 460 of the act and invoking the powers of the court under section 446(2)(d) of the act and rule 233 of the companies (court) rules, 1959.the clearest position therefore is that the liquidator, in such circumstances, is not obliged to file a suit, nor is the filing ..... properties had already come under the custody of this court; that in terms of the provisions of section 529a of the act the debts payable under clause (a) and clause (b) of sub-section (1) shall be paid in full unless the assets are insufficient to meet them, in which case they shall abate in equal proportions; that in view of this provision, ksfc is not entitled to appropriation or adjustment of debts till the workmens' dues are paid and that the payments to the ..... in all these applications, a common question or law relating to the power of the company court arises for making appropriate orders in regard to the priorities of the various claimants under the provisions of section 446 read with sections 529 and 529a of the companies act, 1956 (in short the act).2. ..... nandeeswar does not say that the official liquidator can represent the workmen in the sale proceedings before the appropriate authority under section 29 of sfc act. mr. .....
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