Skip to content


Judgment Search Results Home > Cases Phrase: railway claims tribunal act 1987 chapter 1 preliminary Sorted by: recent Court: andhra pradesh Page 1 of about 5,090 results (0.135 seconds)

Oct 17 2001 (HC)

Vaddepalli Rajesham Vs. A.P.S.R.T.C.

Court : Andhra Pradesh

Reported in : 2002(2)ALT720

..... the appeal and in this appeal before us. the above said case proceeded as if the civil procedure code is applicable to the claim petitions under the motor vehicles act, 1988. the procedure applicable to the motor vehicles accidents claims tribunals is framed under the a.p. motor vehicles rules, 1964. rule 517 of the rules is in the following terms: ..... does not indicate that the driver has to be impleaded as a necessary party. as per rule 476 (4), the claims tribunal shall not reject any application made as per chapter x of the motor vehicles act on the ground of any technical flaw, but shall give notice to the applicant and get the defect rectified. in this ..... statement to that effect immediately before the signature of the applicant;(3) xxxxxxxxx(4) the claims tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this act.8. when a similar case has come up for consideration before a learned single judge of .....

Tag this Judgment!

Oct 17 2001 (HC)

Vaddepalli Rajesham Vs. Andhra Pradesh State Road Trans. Corpn.

Court : Andhra Pradesh

Reported in : 2002ACJ1993

..... in the appeal and in this appeal before us. the above said case proceeded as if the civil procedure code is applicable to the claim petitions under the motor vehicles act, 1988. the procedure applicable to the motor accidents claims tribunals is framed under the a.p. motor vehicles rules, 1964. rule 517 of the rules is in the following terms:517 ..... rules does not indicate that the driver has to be impleaded as a necessary party. as per rule 476 (4), the claims tribunal shall not reject any application made as per chapter x of the motor vehicles act on the ground of any technical flaw, but shall give notice to the applicant and get the defect rectified. in this ..... to that effect immediately before the signature of the applicant.(3) xxx xxx xxx(4) the claims tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this act.8. when a similar case has come up for consideration before a learned single judge of this .....

Tag this Judgment!

Dec 07 1999 (HC)

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 .....

Tag this Judgment!

Dec 16 1998 (HC)

Abdul Razack Vs. Union of India and Others

Court : Andhra Pradesh

Reported in : 1999(1)ALD234; 1999(1)ALT346

..... to the district judges and other members of the subordinate judiciary and personnel of defence and other specific categories, the members of the income tax appellate tribunal cannot claim immunity from the purview of the administrative tribunals act, 1985. even the decisions cited by the learned counsel for the petitioners supporting his contentions that the petitioner is entitled to immunity on par with other ..... constitution of india. learned counsel states that section 9 of the administrative tribunals act gives immunity, in the matter of resignation and removal, to the chairman, vice-chairman and other members, whereas the petitioner cannot claim even the immunity provided to the members of the administrative tribunals under section 9 of the administrative tribunals act. according to the learned counsel, there is no constitutional status provided .....

Tag this Judgment!

Aug 19 1997 (HC)

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 .....

Tag this Judgment!

Jul 28 1978 (HC)

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 .....

Tag this Judgment!

Feb 20 2017 (HC)

Balaji Rail Road Systems Private Limited, Rep. by its Whole Time Direc ...

Court : Andhra Pradesh

..... of the government is to give reasons for its order. this court made it very clear that the faith of the people in administrative tribunals can be sustained only if the tribunals act fairly and dispose of the matters before them by well considered orders. in saying so, this court relied on its previous decisions in capoor ..... in secunderabad within the jurisdiction of this court and the petitioner has to execute the work of bankability of guntur tenali doubling with re in south central railway under letter of acceptance dated 07.02.2014 in the territorial jurisdiction of this court. the contracts were executed within the territorial jurisdiction of this court. ..... .2016 appointing mr. s.k. sarvaria, a former additional district judge, delhi, as a sole arbitrator to adjudicate the disputes between the parties including their claims and counter claim (other than the issue of placing the petitioner on the list of poor performers). however, it is stated by the learned counsel for the respondents 1 .....

Tag this Judgment!

Jan 31 2017 (HC)

Union of India, represented by its Secretary, to the Government of Ind ...

Court : Andhra Pradesh

..... 07-11-2014, the 1st respondent filed o.a.no.1468 of 2014 on the file of the central administrative tribunal, hyderabad. the tribunal allowed the application on the ground that under section 108 of the evidence act, the 1st respondent s husband should be presumed to be dead from the date he went missing and that ..... follows: 38 u.s. code s. 108: seven year absence- presumption of death. (a) no state law providing for presumption of death shall be applicable to claims for benefits under laws administered by the secretary. (b) if evidence satisfactory to the secretary is submitted establishing the continued and unexplained absence of any individual from that individual ..... nominee/dependents of the employee that all payments will be adjusted against the payments due to the employee in case he appears on the scene and makes any claim. 4. the head of office will assess all government dues outstanding against the government servant and effect their recovery in accordance with rule 71 of ccs (pension .....

Tag this Judgment!

Jan 27 2017 (HC)

K. Lokaiah and Others Vs. R. Mani Raju and Another

Court : Andhra Pradesh

..... no.174 of 2007 filed u/sec.166 of the motor vehicle act,1988 (for short, the act ) initially and later amended to section 166 of the act, on the file of the learned chairman, motor vehicles accidents claims tribunal-cum-iii addl.district judge at tirupati (for short, tribunal ),against the owner and insurer of the tractor and trailer bearing ..... no.ap03 v 9516 and 9517 for a claim of rs.3,00,000/- for the grievous ..... driver of tractor. 3. heard learned counsel for respective claimants who submits that the tribunal gravely erred in dismissing the claim once there is involvement of the tractor and trailer also instead of awarding compensation, for claim u/sec. 163-a of the act, there is no need to plead or prove negligence of rider of bike or .....

Tag this Judgment!

Jan 06 2017 (HC)

Karem Sivajee Vs. J.Prasad Babu and Others

Court : Andhra Pradesh

..... read the statutory language, grammatically and terminologically, in the ordinary and primary sense which it bears in its context, without omission or addition. (suthendran v. immigration appeal tribunal (1976) 3 all er 611); farrell v. alexander (1976) 2 all er 721); r v inhabitants of banbury (1834) 1 ad and ei 136). of course ..... of the commission. on point no.4, the learned single judge held that all the petitioners belonged to the scheduled caste community, and the 1st petitioner claimed to have credentials to be considered for appointment to the said post vis- -vis the credentials of the 4th respondent; along with the counter-affidavit of ..... and promote the interest of the scheduled castes and the scheduled tribes. statutory commissions, such as the commission constituted under section 3(1) of the 2003 act, are conceived in public interest and discharge public functions. their membership cannot be regarded as an instrument for conferring largesse on a chosen few (gorakhpur university .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //