Judgment Search Results Home > Cases Phrase: railway claims tribunal act 1987 chapter 1 preliminary Page 2 of about 86,448 results (0.861 seconds)

M/S Kumaraswamy Mineral Exports Vs. The Commercial Manager South Weste ...

Court : Karnataka Dharwad

..... for the carriage of any commodity between two stations, at a rate which is unreasonable, it would be for the complainant to approach the railway rates tribunal constituted under chapter vii of the railways act, 1989. therefore, since the petitioners 6 were armed with an alternative remedy of redressal, the petitioners firstly having chosen to approach the consumer ..... respondent no.3 having realized that a mistake of fact had been committed by respondents 1 and 2, the question is whether the 8 railways are enabled in law to claim and demand the difference in charges and whether the contract of entrustment of goods for carriage could be said to be voidable and not binding ..... petition seeking redressal of their grievance. it is reiterated that only after the cargo was despatched and had reached its destination that the respondents have raised a claim that the concession offered was no longer valid and that it was by mistake of fact that the goods had been accepted for delivery and that unless .....

Satyabir and ors. Vs. Union of India (Uoi) Through Secretary, Ministry ...

Court : Punjab and Haryana

Reported in : 2009ACJ2093; (2008)3PLR185

..... to passengers due to accidents and railway accidents (compensation) rules, 1990.the claim office makes payment of decretal amount as awarded by rct under sections 123 to 125 of ..... portion reads as under:the claim office of northern railway working under chief claims officer deals claim cases strictly in accordance with the relevant provisions of the railway act, 1989. so far as the compensation cases involving loss of life and injuries are concerned, compensation is awarded by the railway claims tribunals in accordance with the provisions of the railway act under chapter xiii-liability of railway administration for death and injury .....

Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... except the bombay high court. 32. in respect of other tribunals like the motor accident claims tribunals, the high court is exercising power of superintendence because the tribunals are constituted within the territorial jurisdiction of the high court. therefore, the act cannot be saved even by providing a provision for judicial review ..... court are bad. moreover, inl. chandra kumar's case : [1997]228itr725(sc) the supreme court has saved the provisions of the administrative tribunals act, 1985, by holding that by providing a forum in the high court under article 226 of the constitution of india to exercise judicial superintendence over ..... rural electrification corporation ltd., formed and registered under the companies act, 1956 (1 of 1956) ; (15) indian railway finance corporation ltd. 18. section 4 of the act of 1993 provides for composition of tribunal. section 4 is quoted below : '4. composition of tribunal--(1) a tribunal shall consist of one person only (hereinafter referred to as .....

U.P. State Electricity Board and Another Vs. Labour Commissioner, U.P. ...

Court : Allahabad

Reported in : 1999(3)AWC2716; (2000)ILLJ651All

..... our opinion, therefore, the labour commissioner, u. p. while exercising the power under the proviso to rule 25 (2) (v) (a) of the u. p. rules, acts as a tribunal' and consequently, the judgment under challenge would not be appealable under chapter viii. rule 5 of the rules of court.7. in any case, the labour commissioner, for the ..... called upon to decide as to whether the regional dy. director of education exercising the power under section 16a (7) of the u. p. intermediate education act, 1921, constitutes a tribunal' within the meaning of rule 5 of chapter v1i1 of the rules of court. the full bench held that the regional dy. director of education while exercising ..... powers under section 16a (7) of the u. p. intermediate education act 1921 'cannot be said to be functioning as tribunal within the meaning of rule 5 in chapter viii of the allahabad high court rules'. the full bench was of the view that 'for determining .....

Jai Singh Vs. Garhwal Motor Owners and ors.

Court : Allahabad

Reported in : AIR1982All480

..... before the amendment there was no provision for motor accident claims tribunals. 10. section 102 speaks of a claim under the provisions of this chapter, that is chapter viii of the motor vehicles act, as the kind of claim in respect of which the death of a person in whose favour a certificate of insurance ..... against the insurer.'chapter viii, of which section 102, motor vehicles act, forms part provides for compulsory insurance of motor vehicles against third party risks. after the amendments made in 1956, it also provides for recovery of compensation by the appointment of motor accidents claims tribunals under section 110 to section 110-f and section 111-a. ..... after the death of the party, the relief sought could not be enjoyed or granting it would be nugatory.illustrations: (i) a collision takes place on a railway in consequence of some neglect or default of an official, and a passenger is severely hurt, but not so as to cause death. he afterwards dies without having .....

United India Insurance Co. Ltd. Vs. Smt. Shibani Santra and ors.

Court : Kolkata

Reported in : 2008ACJ982,AIR2007Cal109,(2007)3CALLT232(HC)

..... is used. the said rule is reproduced below ;339. judgment and award of compensation under section 40 of the act.-- (1) the claims tribunal shall proceed to award the claim of compensation under section 140 of the act on the basis ofi) registration certificate of motor vehicle involved in the accident;ii) insurance certificate or policy relating to ..... terms of such award shall, within thirty days of the date of announcing the award by the claims tribunal, deposit the entire amount awarded in such manner as the claims tribunal may direct.12. chapter x of the act to which we have referred to earlier in this judgment, provides for special provision for making, what ..... arguments to establish the obligation of the insurance company to meet the compensation is directed by the tribunal.9. the provisions relating to appeal against an award of the claims tribunal is contained in section 173 of the motor vehicles act, 1988, which is reproduced below:173. appeals.-- (1) subject to the provisions of sub- .....

Baljit Kaur Vohra and ors. Vs. Dr. Vikramjit Singh Vohra and ors.

Court : Punjab and Haryana

Reported in : [2003]115CompCas194(P& H); (2000)126PLR683; [2004]50SCL693(Punj& Har)

..... , appeal against the decree or order passed under the hindu marriage act, 1955, letters patent appeals, civil appeals ..... acts unless otherwise provided in the act, civil revision petitions and any other application or petition under code of civil procedure or under any 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 the motor accidents claims tribunal ..... judgments 541.14. conscious of the above reasoning, however, keeping in view the legal scenario emerging from the amended provisions of the companies act, their implication in law and effects on the prescribed procedure, we would consider it appropriate to emphasise the need for amending the existing relevant .....

Shardaben Jayantilal Shah and ors. Vs. R.S. Belsare, Tax Recovery Offi ...

Court : Gujarat

Reported in : (1978)0GLR636; [1978]112ITR156(Guj)

..... present petition was incompetent. 2. at the outset we would consider the relevant provisions of the income-tax act and the schedule ii in this connection along with the decision of the motor accidents claims tribunal in this matter as per the order at annexure 'a'. there is no dispute that the deceased was ..... at annexure 'b', by the tax recovery officer rejecting the petitioners' objections against the attachment of the compensation amount awarded to them by the motor accidents claims tribunal in its decision at annexure 'a' dated august 25, 1975. the petitioners have challenged this decision of the tax recovery officer as being ultra vires ..... a defaulter-assessee and his name was mentioned in the tax recovery certificate received by the respondent-tax recovery officer from the concerned income-tax officer for the recovery of arrears of tax by recourse to the provisions of the act .....

R. Kamala Vs. United India Insurance Co. Ltd. Rep. by Its Divisional M ...

Court : Andhra Pradesh

Reported in : 1997(4)ALT783

..... of civil procedure to apply in certain cases:- the following provisions of the first schedule to the code of civil procedure, 1908 (central act 5 of 1908), shall so far as may be, apply to proceedings before the claims tribunal namely, order v, rules 9 to 13 and 15 to 30; order ix, order xiii, rules 3 to 10; order xvi, rules 2 ..... to 21; order xvii and order xxviii, rules 1 to 3'.10. motor vehicles act and rules contain both substantive and procedural laws. by implication of the ..... award unless, before the commencement of the proceedings in which the judgment or award is given the insurer had notice through the court or, as the case may be, the claims tribunal of the bringing of the proceedings, or m respect of such judgment or award so long as execution is stayed thereon pending an appeal; and an insurer to whom notice .....

United India Fire and General Insurance Co. Ltd. Vs. Maddali Susheela ...

Court : Andhra Pradesh

Reported in : [1983]53CompCas269(AP)

..... or by all or any of them, as the case may be.34. the principles applicable for determination of the compensation have not been specified in the act. the claims tribunal was required to make an award determining the amount of compensation which appears to it to be just. therefore, a considerable amount of discretion is conferred upon the ..... are to be applied while determining the compensation are all well settled as not to need any reference to the case-law on that subject. the claims tribunal, under section 110b of the act, is required to make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom ..... in the construction of a new statute if any provision therein is of doubtful import : bank of england v. vagliano brothers [1891] ac 107 robinson v. canadian pacific railway company [1892] ac 481 and mersey docks v. cameron [1865] 11 hlj 443.the purpose of a consolidating statute is to present the whole body of statutory law on .....