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Union of India (Uoi), by Its General Manager, S.C. Railway Vs. Kandula ...

Court : Andhra Pradesh

Reported in : II(2001)ACC74; 2001(1)ALT177

..... . prakash rao, j.1. the appellant/railways challenge the award of the railway claims tribunal at secunderabad in o.a.a.no. 92 of 1997 dated 16-4-1998 allowing the claim for compensation of rs. 40,000/- i.e., rs. 20,000/- each to the respondents 1 and 2 for the death of the deceased.2. according to claim, on 4-5-1997 the deceased ..... liable for compensation.5. sri t. ramakrishna rao, the learned standing counsel for the appellant, placing reliance on various provisions of the railways act and the rules made thereunder, sought to show that the deceased and her son, not being passengers, no liability can be fastened.6. sri n. parthasaradhy, the learned counsel ..... obligations on the part of passenger, for which no foundation is laid. therefore, it has to be held that the deceased was a passenger, along with her son and the railways are rightly held to be liable. however, as no arguments are advanced on the quantum of compensation, it remains.11. accordingly, there are no merits in the appeal and .....

General Manager, South Central Railway Vs. E. Ramamohan Rao and anr.

Court : Andhra Pradesh

Reported in : 2004(6)ALD283

..... l. narasimha reddy, j. 1. respondents 1 and 2 filed o.a.a. no. 70 of 1998, before the railway claims tribunal, secunderabad bench, pleading that their son, by name, sridhar (hereinafter referred to as 'the deceased') was scheduled to attend an interview at the visakhapatnam naval base on 3.11.1997, ..... by the railways had, at the best affirmed the occurrence of the accident. he did not allege any acts of negligence or lack of prudence on the part of the deceased. hence, this court does not find any basis to interfere with the order under appeal.10. the tribunal awarded interest at 9% per annum. the award of interest on such claims is not ..... a matter of course. it is only when the tribunal finds that disposal of .....

General Manager South Central Railway Vs. M. Prem Kishore

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... case of deficiency in service and not a case of refund of the excess amount of fare charged from the complainant simplicitor. section 13 of the railway claims tribunal act does not provide for compensation on account of deficiency in service. the jurisdiction of the fora in such cases is thus not ousted. ...the decision ..... put forward by the complainant is not in respect of any of the matters respecting which such jurisdiction has been conferred by the railway claims tribunal act, 1987 on the claims tribunal. in the circumstances, the view taken by the state commission that the petition was not maintainable before the district forum was ..... of the appellant is that by virtue of section 15 of the railway claims tribunal act, 1987 (1987 act) the district forum had no jurisdiction to entertain the complaint because only the railway claims tribunal has the jurisdiction to consider the claim under section 13 of 1987 act. the learned counsel relies on the decision of the national commission .....

Chekka Shantha Kumari Vs. Union of India (Uoi)

Court : Andhra Pradesh

Reported in : I(2006)ACC514

..... in filing the claim application in respect of the death of her deceased son in a train accident on 23.9.1992.4. aggrieved ..... railway.3. orders dated 2.5.2002 of the said tribunal made in the said i.a. no. 161 of 2001 of its file, filed before it by the said private person against the railways under sub-section (2) of section 17 of railway claims tribunal act, 1987, refusing to condone the delay of 2190 days, ..... made by and set forth in para 3, infra.2. the sole appellant is the sole applicant in i.a. no. 161 of 2001 of the file of railway claims tribunal, secunderabad bench, secunderabad (tribunal), and is a private person. the sole respondent in this c.m.a. corresponds to the sole respondent in that i.a. and is the south central .....

The East Coast Railways, Rep. by Its General Manager, Chandrasekharpur ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... arguments. 6) the tenor of said written arguments is that the consumer forum has no jurisdiction for the reason that claims of this nature are to be decided by a separate forum i.e., railway claims tribunals which are established under the provisions of railway claims tribunal act, 1987. it is further stated in the said written arguments that unless and until the luggage is booked during the ..... course of travel, the railways cannot be held to be liable for any theft. the learned counsel also placed reliance on various .....

Sri P. Ramanaiah and Others Vs. Greater Hyderabad Municpal Corporation ...

Court : Andhra Pradesh

..... . as succinctly pointed out by the supreme court in a.a. haja muniddin vers. indian railways (1) examining the scope of provisions of section 18(1) of the railway claims tribunal act, 1987 (which are substantially similar to the scope of the provisions of section 22d of the 1987 act), the supreme court explained that the expression "shall not be bound by the procedure laid down ..... by the cpc" does not mean that the tribunal is precluded from invoking the provisions of the cpc, even .....

V. Devaiah Vs. Superintendent of Police, Karimnagar District

Court : Andhra Pradesh

Reported in : 2002(1)ALD408; 2002(1)ALT241

..... various tribunals, qualifications of the members or the presiding officer had been prescribed statutorily. jag griffith and h. street ..... .' 26. normally like administrative tribunals, there are many other tribunals which are headed either by a judge or a person, who has the requisite qualification to be a judge of the high court e.g. income-tax appellate tribunal, railway claims tribunal, l.i.c., tribunal, tribunal under the coking coal mines (nationalisation) act, coal mines (nationalisation) act, 1973 tribunal under waste lands (claims) act, drugs act and companies act. in relation to constitution of .....

Parsi Zoroastrian Anjuman of Secunderabad and Hyderabad and Others Vs. ...

Court : Andhra Pradesh

Reported in : 2000(1)ALD482; 2000(1)ALT256

..... c) in sub-section (1) is that the institution or the endowment is public one and that the burden of proof in all such cases shall lie on the person claiming the institution or the endowment to be private or the property or money to be other than that of a religious endowment or specific endowment, as the case may be ..... regulation 1349 fasli makes it a deeming charitable trust, is therefore, unsustainable. that apart, the petitioner-trust is neither shown in the book of endowments maintained under 1966 act nor the act of 1987. the amount of rs.2542/- which has been paid by the petitioner to the 2nd respondent on 18-12-1968 does not relate to the period after ..... into the above charges. the 3rd respondent was appointed as a single trustee under section 15(3) of the act and he was directed to take charge from the secretary of the petitioner-trust and report compliance. the 2nd respondent claims that he had administered the oath of office and secrecy to the 3rd respondent on 29-3-1995 and the .....

Commissioner of Endowments, Andhra Pradesh, Hyd. and anr. Vs. All Indi ...

Court : Andhra Pradesh

Reported in : 2001(6)ALD747; 2001(6)ALT539

..... , the court must arrive at a finding that the party aggrieved had applied in vain to the inferior tribunal for relief. it is also trite that a writ of prohibition is not to be claimed as a matter of right but the same is granted to do justice and the same must be based ..... and, thus, we are of the opinion that when a jurisdictional fact is raised as, regard the applicability of the act, the same may be considered as a preliminary issue by the statutory tribunal itself, although in a given case this court in exercise of its jurisdiction under article 226 of the constitution of ..... thelearned counsel would submit that whetherexclusion clause contained in the actpursuant whereto and in furtherance whereofa charitable and hindu religious institutionand endowments is created, attracts theprovisions of 1987 act must be consideredhaving regard to the scope, object andpurport thereof. strong reliance in thisconnection has been placed on shyamkishori devi v patna municipalcorporation, : [1966]3scr466 .....

Union of India (Uoi) Vs. Konduru Venkata Reddy

Court : Andhra Pradesh

Reported in : 2009ACJ1765; AIR2008AP211; 2008(5)ALD272; 2008(5)ALT172

..... provisions is unlike the provisions of section 171 of the motor vehicles act, which specifically provides for award of interest wherever any claim is allowed by claims tribunal. but, no similar provision has been made for such award of interest on the amount of compensation determined by the railways claims tribunal under the provisions of the railways act, 1989. this has given rise to different approaches by the courts ..... in regard to entitlement of interest and liability to be fixed on the railway administration.14. in cma no. 4701 of 2003 and batch, dated 23.7.2004, (between .....