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Union of India (Uoi) Vs. Santi Ranjan Dutta

Court : Kolkata

Reported in : 2009ACJ2398,AIR2008Cal106,2008(2)CHN985

..... railways act by section 34 of the railways claims tribunal act and by subsequent repeal and re-enactment of railways act, 1890 through railways act, 1989, the reference of the railways act in appellate side rules should be read as railways claims tribunal act, 1987 and therefore, the appeal arising out of the disputes under the railways act, 1890 since repealed and re-enacted as railways act, 1989 under the provision of section 23 of the railway claims tribunal act ..... 8 of the general clauses act, the reference of old 'railways act, 1890' mentioned in the appellate side rules should be read as the railway claims tribunal act, 1987. similarly, after the entire repeal of the old railways act, 1890 by the new railways act, 1989 the position has not ..... of the code, even though in the appellate side rules, the reference of old railways act, 1890 is still there and not been replaced by the railway claims tribunal act, 1987.7. to appreciate the previously mentioned question, it will be profitable to .....

Smt. Nirupama Sethi Vs. Union of India (Uoi)

Court : Orissa

Reported in : 2004ACJ1212; AIR2003Ori10

..... , j.1. this is an appeal against the order dated 21-5-2001 of the railway claims tribunal, bhubaneswar bench in o.a. no. 57 of 2000 filed under section 23 of the railway claims tribunal act, 1987.2. the appellant filed an application o.a. no. 57 of 2000 before the railway claims tribunal, bhubaneswar bench for compensation against the respondent. the case pleaded in the said application was ..... the appellant. no issues were framed by the tribunal on the pleadings of the appellant and the railways and by the impugned order dated 21-5-2001,the railway claims tribunal, bhubaneswar bench held that while section 124-a of the railways act, 1989 was applicable to the case, no compensation was payable under the said section by the railway administration if the passenger dies or suffers injuries .....

P.K. Das Vs. Union of India (Uoi)

Court : Guwahati

..... s.k. kar, j. 1. this is an appeal under section 23 of the railway claims tribunal act, 1987 against the order dated 23.12.1998 passed by the learned railway claims tribunal (rct) in application no. 618/98.2. the appellant shri p. k. das, purna bhander, new market, diphu booked ..... , but the learned tribunal dismissed the claim on an erroneous finding that notice was not served on the respondent. tht it was not a fact that notice was not served. ..... records i find that no copy of notice was filed to prove prima-facie issue and service of notice before institution of the claim case. in the claim petition it was stated that copy of notice under section 106 of r.a. in original was filed but no such copy ..... abnormal delay in delivery and out of 9 bags of tea 6 bags were delivered to the consignee. the appellant preferred a claim of rs. 5301.00 for 93 kg of tea (3 bags containing 31 kg each) at the rate of rs. 57.00 per kg .....

Smt. Lakhi Barua Vs. Union of India (Uoi)

Court : Kolkata

Reported in : 2009ACJ1549,AIR2008Cal59,2008(3)CHN753

..... 1. this appeal under section 23 of the railway claims tribunal act, 1987 is at the instance of a claimant and is directed against the order dated september 8, 1998 passed by the calcutta bench of the railway claims tribunal in accident claim application no. 2067 of 1997 by which the tribunal rejected the claim of the appellant.2. the appellant, as ..... the mother of the injured victim, filed a claim for the injury suffered by her son for throwing of stone on ..... incident of stone throwing and such incident could not come within the definition of 'untoward incident' as provided in section 123(c) of the railways act, 1989.6. the tribunal, thus, dismissed the application although it expressed its sympathy to the victim for the loss of his right eye.7. being dissatisfied, the claimant .....

Bandana Mondal Vs. Union of India (Uoi) Through the General Manager

Court : Kolkata

..... victim, has come up with the present appeal.3. it appears from record that the appellant before us filed an application under section 16 of the railway claims tribunal act thereby claiming compensation for the death of her son, one chhatu mondal, aged 16 years, by occupation student, on the allegation that on 6th may, 2002 ..... of a claimant in a proceeding under section 16 of the railway claims tribunal act, 1987 and is directed against an award dated 25th january, 2008 passed by the vice-chairman of railway claims tribunal, kolkata bench, in case no. u/840/2004 thereby dismissing the claim- application on the ground that the claimant could not prove that ..... , or pointing out that the victim did not die of any railway accident, the learned tribunal below erred in law in dismissing the claim-application by not following the well-settled principles mentioned above and by not drawing adverse inference against the railway authority for non-production of the relevant evidence in its possession. .....

Jayaswals Neco Ltd. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 114(2004)DLT178

..... having paid a sum of rs.5,50,000/- in terms of the order passed by this court, any claim for refund of that payment ought to be made before the tribunal established under the railway claims tribunal act. the present writ petition was not, according to mr. tikku, maintainable since an equally efficacious alternate remedy was ..... available to the petitioner under the said act. it was alternatively submitted that the railways had, at no stage, sanctioned the train load ..... on an as emption that such a facility had been sanctioned did not, according to mr. tikku, stop the railways from raising a claim for undercharges in terms of section 83 of the indian railways act, 1989. the challenge to the demand was, in that view of the matter, untenable and deserved to be rejected .....

United Bank of India Vs. Golam Hossian Halder and Others

Court : Kolkata

Reported in : AIR1997Cal359,(1997)2CALLT236(HC)

..... this context, a reference may be made to the case of a.a. haja muniuddin, v. indian railways reported in : air1993sc361 where supreme court has held on construction of section 18(1) of the railways claims tribunal act, 1987 that the claims tribunal 'shall not be bound' by the procedure of the civil procedure code but does not go so far as to ..... say that it 'shall be precluded' from invoking the provisions of the code even if the same is not inconsistent with the act and the rules. a view ..... civil adjudication in whatsoever nature whether it is a money claim or not, we in the judicial domain are groomed up in tradition fr application of the basic pari materia, namely, the evidence act, limitation act and the code of civil procedure. here, before the debts recovery tribunal, there has been no exclusion made with regard to .....

Jolly Steel Industries Private Ltd. Vs. Union of India (Uoi)

Court : Mumbai

Reported in : 2003ACJ1423; AIR2001Bom435

..... . during the pendency of the aforesaid suit in this court, the parliament enacted the railways claims tribunal act, 1987. by virtue of section 13 of the said act. the jurisdiction to decide the matters relating to the responsibility of the railway administration as carriers under chapter vii of the railways act in respect of the claims, compensation for loss, destruction, damages, deterioration or non-delivery of animals or goods ..... any freight paid in respect of animals or goods entrusted to a railway administration to be carried by railway, are made exclusively triable by the railway claims tribunal established under the said act. section 13 of the said act which is relevant for our purpose, would read this :'13. jurisdiction, powers and authority of claims tribunal, (a) the claims tribunal shall exercise, on and from the appointed day, all such jurisdiction .....

Punjab Small Industries and Export Corporation, Through Its Regional M ...

Court : Punjab and Haryana

Reported in : II(1998)ACC114; (1998)119PLR42

..... railway administration raised an oral objection that the tribunal did not have the jurisdiction to decide the application as, in ..... , i.e. the consignor was named as respondent no. 2. the claim in the suit was for compensation to be payable jointly and severally. on the enforcement of the railway claims tribunal act, 1989 (hereinafter called the 'act') the suit was transmitted to the railway claims tribunal as provided by section 24 of the act. when the matter came up before the tribunal on 12th april, 1993, the counsel for the .....

Chairman, Thiruvalluvar Transport Corporation Vs. Consumer Protection ...

Court : Supreme Court of India

Reported in : AIR1995SC1384; [1995]83CompCas82(SC); 1995(1)CTC393; JT1995(2)SC441; 1995(1)SCALE525; (1995)2SCC479; [1995]2SCR1; 1995(1)LC463(SC)

..... national commission held that it had no jurisdiction to entertain complaints of loss, destruction, damage or non-delivery of goods by railway on account of deficiency in service since such claims fell within the exclusive jurisdiction of the railway claims tribunal constituted under the railway claims tribunal act, 1987. yet it is difficult to comprehend how it exercised jurisdiction in the present case.8. this court while admitting the ..... no lotus standi to maintain the action and in any case the national commission had no jurisdiction to entertain a petition since exclusive jurisdiction was conferred by the 1988 act on the claims tribunal constituted thereunder. the national commission contends the appellant, side-stepped the question regarding jurisdiction and without answering the same awarded rs. 5.10 lacs by way of compensation with .....