Judgment Search Results Home > Cases Phrase: railway claims tribunal act 1987 chapter 1 preliminary Page 1 of about 86,448 results (0.418 seconds)

Smt. Nazara and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 1997(2)WLC550; 1997(1)WLN426

..... and held that it had no jurisdiction to deal with the matter. these misc. appeals have been filed under section 23 of the railway claims tribunal act, 1987 (for short 'the act' hereinafter) against the aforesaid decision of the tribunal.2. the learned counsel for the appellants heavily relied on a decision of division bench of kerala high court in vijayasankar v. union of india 1996 ..... . by amendment in the year 1994 sub-section (1a) was added to section 13 of the railway claims tribunal act, 1987 and claims in respect of liability under section 124(a) of the railways act', 1989 were also made cognisable by the tribunals. it has therefore to be seen whether the claim applications filed by the appellants fall within any of the aforesaid categories.7. it is an admitted .....

Union of India Vs. Steel Authority of India Ltd. and ors.

Court : Orissa

..... 1948 is no.maintainable against the judgment of learned single judge arising out of an appeal under section 23 of the railway claims tribunals act, 1987. referring to section 23 of the railway claims tribunals act, 1987 it is urged that intra court appeal against the judgment of a learned single judge is no.maintainable. in order ..... read with section 4 of the orissa high court order, 1948 is 19 maintainable as section 23 of the railway claims tribunal act only permits one appeal against the order/ judgment of the railway claims tribunal before the high court. the same remedy having already been exhausted, this aho canno.be sustained in the eye ..... referring to the statements of objects and reasons of the enactment of railway claims tribunals act, 1987, mr. n.k. sahu, learned counsel for the respondent submitted that the railway claims tribunal act being a complete code adjudication of the grievance by the claims tribunal is made subject to a solitary appeal to the high court as provided .....

Rameshwari Paliya and anr. Vs. Rajesh Kumar Jaiswal and ors.

Court : Madhya Pradesh

Reported in : 2001ACJ850

..... civil procedure has been omitted by the legislature and it does not apply to the cases pending before the claims tribunals. no other provision has been pointed out to me from which it can be inferred that either the act or any other provision in the rules prescribes that order 22 of the code of civil procedure applies. ..... rules, 1994, provides for the procedure to be followed by the claims tribunals. rule 240 of that chapter specifically lays down certain provisions of the code of civil procedure which are applicable to the claims tribunals in a claim case, save as otherwise expressly provided in the act or rules. the provisions of order 22 of the code of civil ..... procedure have not been made applicable to a case pending before the claims tribunal, so also the provisions of order 43, rule 1 (k .....

Stephen Chemical Limited Vs. Innosearch Limited

Court : Punjab and Haryana

Reported in : [1986]60CompCas702(P& H)

..... appeal against the decree or order passed under the hindu marriage act, 1955, letters patent appeals, civil appeals (contempt), ..... acts unless otherwise provided in the act, civil revision petitions and any other application or petition under the code of civil procedure or under any other central or state act, unless otherwise provided in the code or act.explanation.--the preliminary hearing for the admission of appeal against award rendered by motor accidents claims tribunal, ..... 1985] 58 comp cas 875 (p&h;), wherein goyal j. had observed that where no agreement for the payment of interest existed and the creditor had claimed interest, no winding-up order could be passed.7. with respect, if the said observations are intended to cover the cases of the present kind, .....

Symphony Marketing Pvt. Ltd. Vs. Northern Railway

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

..... and was found missing, was dismissed on the ground that the remedy under the consumer protection act is not available particularly when there are provisions of section 13 of the railway claims tribunal act and further that it is only in the absence of entrustment of luggage that railway claims tribunal act has no jurisdiction to try and entertain the dispute but in case the goods are entrusted to ..... entertain the present complaint in view of the provisions of sections 13, 15, and 28 of the railway claims tribunal act wherein it has been specifically provided that the matter relating to the responsibility of the railway administration as carrier under chapter vii of the railway act in respect of the claims for compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to .....

L. Chandra Kumar Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1997SC1125; 1997(1)BLJR735; (1997)1CALLT55(SC); 83(1997)CLT815(SC); 1997(92)ELT318(SC); [1997]228ITR725(SC); JT1997(3)SC589; 1997(1)MPLJ621; 1997(I)OLR(SC)408; 1997(3)SC

..... in the first matter before us, c.a. no. 481 of 1989, where the challenge is to the validity of section 5(6) of the administrative tribunals act, 1985. after analysing the relevant constitutional provisions and the circumstances which led to the decision in sampath kumar's case, the referring bench reached the conclusion that ..... stated to have suffered and the cause of expedition is not found to have been served by the establishment of such tribunals. 8.64 even the experiment of setting up of the administrative tribunals under the administrative tribunals act, 1985, has not been widely welcomed. its members have been selected from all kinds of services including the indian ..... judicial review of legislative action vested in the high courts under article 226/227 of the constitution, it will ensure that frivolous claims are filtered out through the process of adjudication in the tribunal. the high court will also have the benefit of a reasoned decision on merits which will be of use to it in .....

Sonali Bodraj Moon and Others Vs. The Chief Secretary and Others

Court : Mumbai

..... superannuation; (iii) leave of any kind; (iv) disciplinary matters; or (v) any other matter whatsoever; 7. the above provisions of the administrative tribunal act clearly demonstrate that the issues inter alia pertaining to recruitment and matters concerning recruitment to any other service under the state or any other civil post under the ..... upon it by clause (1) of article 323a of the constitution, parliament enacted the administrative tribunals act, 1985 (act 13 of 1985) [hereinafter referred to as "the act"]. the statement of objects and reasons of the act indicates that it was in the express terms of article 323a of the constitution and was being ..... as are seeking reliefs, in relation to state services, the petitioners are required to approach the maharashtra administrative tribunals under the provisions of section 15 of the administrative tribunals act, 1985. (for short 'the act'). the respondent-state supports this submission relying on the decision of the supreme court in the case of .....

Delhi Transport Corporation Vs. Shanti and ors.

Court : Delhi

Reported in : 20(1981)DLT417

..... (1) this appeal under section 110-d of the motor vehicles act, 1939 is directed against the judgment and award of the motor accident claims tribunal dated 23rd november, 1979. learned counsel for the respondent took a preliminary objection that the appeal was barred by time. the certified copy of the tribunal's judgment was applied on 6th december) 1979 and the same ..... was directed to file the certified copy within time. in the application c.m. no. 3077 of 1981 under the proviso to section 110-d of the motor vehicles act, the appellant submits that the certified copy was sent by the delhi transport corporation to its counsel on 18th march, 1981 but the clerk of the counsel bhagwant parshad ..... copy. thus, the copy of the judgment and the award which is required to be filed along with memo. of appeal under section 110-d of the motor vehicles act must be a certified copy. (3) learned counsel for the appellant submits that it was a mistake of the counsel's clerk and not a mistake of the appellant .....

Union of India (Uoi) Vs. Bhagwati Prasad and ors.

Court : Allahabad

Reported in : AIR1982All310; [1984]56CompCas396(All)

..... transport india pvt. ltd. (supra) the gauhati high court has observed that in view of section 110-b of the act there was no scope for inclusion of railway administration in proceedings before the claims tribunal and that if it was proved that the accident arose out of any negligence or rashness in the use of the motor ..... before us was with regard to the decision of the court below on the issue whether a claims tribunal exercising powers under section 110 of the motor vehicles act (hereinafter referred to as the act) has jurisdiction to entertain a claim against the railway. the contention raised by the union of india (the applicant herein) through the general manager, ..... the madras high court also founded its decision entirely on section 110-b of the act and observed that the claims tribunal was not empowered to adjudicate on the liabilities of railway even if it was held to be negligent. it held that the railway was therefore not a necessary party. even so., the madras high court held that .....

Syed Muneer Raza Vs. Chairman, Railway Board, New Delhi and Others

Court : Andhra Pradesh

Reported in : 2000(1)ALD689

..... the alleged violation of the rights under the contract, the only recourse available to the petitioners is the railway claims tribunal constituted under the railway claims tribunal act, 1987; which provides for inquiring into and determining claims against a railway administration for loss, destruction, damage, deterioration or nondelivery of animals or goods, entrusted to it to be ..... contention of the learned counsel for the petitioners, the learned standing counsel for the railways submitted that under section 13(lxb) of the railway claims tribunal act, 1987, the claims tribunal is empowered to exercise jurisdiction in respect of the claims for refund of fares or part thereof, for refund of any freight paid in respect ..... collected by the respondents. the grant of said relief squarely falls within the ambit of section 13(lxb) of the railway claims tribunal act, 1987, which can be only be after conducting a detailed enquiry and investigation in the matter having regard to the provisions of section 78 .....