Court : Patna
..... recall of the first order dated 3.10.1996 or for restoration of the execution case, so that the execution case is transferred to the tribunal under section 31 of the act. section 31 of the act deals with transfer of pending cases and provides that every suit or other proceeding pending before any court immediately before the date of establishment of ..... and borrowings resulting in non- performing assets. it is stated that in the case of the petitioners a compromise decree was passed from which it will appear that against the claim rs. one crore fifty five lacs the bank agreed to compromise for rs. 80 lacs, but, for one reason or the other the writ petitioners have been able to ..... , rule 22 was ordered to be issued on 18.8.1989. on 24.8.1990 petitioners appeared before the executing court and on 12.1.1993 filed objection and counter claim. according to the petitioners, execution case no. 3 of 1988 was ordered to be dismissed for non- prosecution on 3.10.1996. a photostat copy of the said order .....
Tag this Judgment!Court : Patna
gurusharan sharma, j.1. this appeal under section 23 of the railway claims tribunal act, 1987 has been preferred by the claimant-appellant against the order dated july 31, 1991 of the railway claims tribunal, patna, dismissing the claim application of the claimant-appellant.2. on june 25, 1990, tunu choudhary, the claimant, a resident of mohalla-balwatikar, police station of daltanganj, district-palamau alongwith his wife malti devi ..... and three minor daughters, namely, asha kumar, nilam kumari and jyoti kumar boarded 1 up gaya-garhwa-road-chuna passenger train at gomia railway station. the .....
Tag this Judgment!Court : Patna
..... as '1989 act') whereby a sum of rs. 2 ..... . katriar, j.1. the indian railways have preferred this appeal under section 23 of the railway claims tribunal act, 1987 and is directed against the judgment dated 11.10.1999, passed by the learned member (technical), railway claims tribunal, ahedabad (sic.) bench at patna, in claim application no. o.a. 9700208 malti kunwar v. union of india, in terms of section 124a of railways act, 1989 (hereinafter to be referred to .....
Tag this Judgment!Court : Patna
..... for the petitioner in support of this revision has relied on the provision of section 109 of the railways act, 1989 and the railway claims tribunal act, 1987. it would be seen that section 109 of the railways act, 1989 itself was enforced with effect from 1st july, 1990. similarly, railway claims tribunal act, 1987 came into force with effect from 8th november, 1989. both the enforcement dates are much after the ..... prasad, learned counsel appearing for the union of india has submitted that in view of the provision of railway claims tribunal act, 1987 and the provision of section 109 of the indian railways act, 1989 a suit of such nature was barred and claim could only be considered by railway claims tribunal. it is on this solitary ground it is sought to be urged that the judgment and decree are .....
Tag this Judgment!Court : Patna
..... of any passenger is rs. 2,00,000. rule 3 of the railway accidents (compensation) rules, 1990, in its schedule did not make any distinction between the award ..... who was just 8 months old baby. claimant had claimed rs. 4,00,000 (rupees two lakh each) for the two deceased. the tribunal could not advance any plea for awarding compensation of rs. 50,000 only for loss of applicant's daughter. schedule of the railway claims tribunal act, 1987 indicated that amount of compensation for the death ..... someshwar nath pathak, j.1. this appeal is directed against the order dated 28.9.1995 passed by the railway claims tribunal in application nos. d.a. 9500110 and d.a. 9500111. the claimant sidheshwar prasad lal claimed compensation for the death of prem lata lal and sushmita lal. when the two persons were travelling in sealdha-jammu .....
Tag this Judgment!Court : Patna
..... appeal has been preferred against the judgment and order dated 23.10.2008 passed by the railway claims tribunal, patna bench in claim application no. 0a9800102 by which the claim application filed under section 125of the railways act, 1989 read with section 16 of the railway claims tribunal act, 1987 has been dismissed on the ground that the appellant could not prove the death ..... not be treated to be allowed. on this point learned counsel for the appellant has drawn my attention to section 18 of the railway claims tribunal act, 1987 which provides that the claim tribunal was not bound by the procedure laid down by the code of civil procedure but shall be guided by principle of natural justice and ..... died. although she has not been cross-examined. but her statement is fit to be considered in view of the provision 18(2) of railway claims tribunal act. 7. the respondent-railway has examined raushan ali as r. w. 1 who has stated in his affidavit that there is no mention of the occurrence in the .....
Tag this Judgment!Court : Patna
..... years old boy died. the sole respondent filed claim application under the indian railways act, 1989 before the railway claims tribunal, patna bench.2. the tribunal rejected the same on 15.12.1990, holding that the claimant was not dependent. he filed misc. appeal no. 27 of 1991 under section 23 of the railways claims tribunal act, 1987 before this court, wherein the tribunal's order was quashed and the matter was ..... remitted back to it for fresh consideration. this time by the impugned order dated 15.1.1997, the tribunal directed the railways to pay rs. 2 lakhs to ram lakhan singh, gulabo devi, master master .....
Tag this Judgment!Court : Patna
..... consignor or the consignee on account of short delivery.8. the impugned order/judgment of the railway claims tribunal was further assailed with respect to grant of litigation cost. in this connection, section 18(3) of the railway claims tribunal act, 1987 was referred to and it was submitted that the tribunal's power to use the provisions of the code of civil procedure was limited to the ..... be guided by the principles of natural justice, moreover, the tribunal shall also be guided by other provisions of this act (railway claims tribunal act) and the rules made thereunder. none of the provisions of this act or the rules made thereunder has debarred the claims tribunal from granting litigation cost. so if the tribunal granted the litigation cost, i do not think it was beyond its jurisdiction or that .....
Tag this Judgment!Court : Patna
ravi nandan sahay, j.1. this is an appeal under section 23 of the railway claims tribunal act, 1987 against the decision of the patna bench of the railway claims tribunal dated 28.7.1995, whereby the claim brought by the consignor-respondent was partly allowed and the appellant has been directed to pay rs. 39,240/- with 10% interest and cost assessed at rs. 3,200/-.2. ..... court held that section 77-b of the railways act cannot afford any protection to the railway administration against the claim for compensation in absence of any cogent proof on behalf of the railways that consignment have been lost or destroyed, which is not true because non-delivery must be result of loss or destruction.9. the claims tribunal referred the decision of the gujarat high court .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... of the district forum to proceed with the case on the ground that under the provision of railway claim tribunal act, 1987 (hereinafter called the act of 1987) any other court or authority is debarred to entertain such claims in respect of which the claims tribunal constituted under section 13 of the act of 1987 alone has jurisdiction, power and authority to enquire into and determine. it has been ..... appreciate the arguments of the learned counsel for the appellant it would be apt to quote the preamble of the act of 1987 which reads as follows : an act to provide for the establishment of railway claims tribunal for inquiring into the determining claims against a railway administration for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to it to be carried by .....
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