Judgment Search Results Home > Cases Phrase: railways act 1989 chapter 5 opening of railways Page 1 of about 44,392 results (0.665 seconds)

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

Court : Punjab and Haryana

Reported in : 2009ACJ2093; (2008)3PLR185

..... payment of decretal amount as awarded by rct under sections 123 to 125 of railway act, 1989 in exercise of power conferred under section 27 of railway act. however, the office of cco is not ..... 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 to passengers due to accidents and railway accidents (compensation) rules, 1990.the claim office makes .....

Sri Paramanand Vimal Vs. Union of India Represented by the General Man ...

Court : Jharkhand

..... deals with the liability of railway administration for death and injury to passengers due to accidents. section 123, the first section of the chapter, has definition clauses. clause (c) defines untoward incident which insofar as relevant ..... railways that the accident took place in the manner suggested by it. secondly, even if it were to be assumed that the deceased fell from the train to his death due to his own negligence it will not have any effect on the compensation payable under section 124-a of the act.6. chapter xiii of the railways act, 1989 ..... deceased malay saurav s/o sri parmanand vimal was a bonafide passenger? (ii). whether any untoward incident as defined under section 123(c)(2) of the railways act, 1989 occurred to the deceased malay saurav s/o sri parmanand vimal while travelling in tr. no. 18624 hatia-patna super express on 13.01.2011 between hazaribag .....

Roshan Lal and anr. Vs. Uoi

Court : Delhi

..... negligence it will not have any effect on the compensation payable under section 124a of the act.6. chapter xiii of the railways act, 1989 deals with the liability of railway administration for death and injury to passengers due to accidents. section 123, the first section of the chapter, has the definition clauses. clause (c) defines "untoward incident" which insofar as relevant ..... in the aforesaid circumstances dismissed the claim petition.4. the learned counsel for the appellant submits that in view of language of section 124 (a) of the railways act 1989 even in the circumstances as has been arisen out of the incident which has caused death of the deceased passenger a bona-fide passenger would call for an ..... . at this stage, it would also be appropriate to take note of the definition of untoward incident as mentioned under section 123(c) of the railways act, 1989 which reads as under:123. definitions.-(a) & (b) xxx xxx(c) "untoward incident" means(1) (i) the commission of a terrorist .....

Smt. Vidyawati Vs. Union of India

Court : Delhi

..... negligence it will not have any effect on the compensation payable under section 124a of the act.6. chapter xiii of the railways act, 1989 deals with the liability of railway administration for death and injury to passengers due to accidents. section 123, the first section of the chapter, has the definition clauses. clause (c) defines "untoward incident" which insofar as ..... observed that it was a self-inflicted injury as per clause (b) of proviso to section 124 a of the railways act and, therefore, decided issue no.2 against the appellant and consequently, dismissed the claim.7. i have heard the submissions made on behalf of the parties and have ..... the drms report. the tribunal ruled out the possibility of the falling of the deceased as an accidental fall in terms of section 123(c)(2) of the railways act but observed that in this case, the deceased fell down on account of his negligence and thus, was responsible for his own death. it was, therefore, .....

Harvinder Kaur and ors. Vs. Union of India

Court : Delhi

..... it will not have any effect on the compensation payable under section 124a of the act.6. chapter xiii of the railways act, 1989 deals with the liability of railway administration for death and injury to passengers due to accidents. section 123, the first section of the chapter, has the definition clauses. clause (c) defines "untoward incident" which insofar as ..... framed the following issues:1. whether the applicants prove that they are the dependents of the deceased within the meaning of section 123 (b) of the railways act.2. whether the applicant further prove that the deceased was a bona fide passenger on the train in question on the relevant day?3. whether the applicants ..... incident falls under one of the exceptions mentioned in the proviso to section 124-a of the railways act i.e. it was a self-inflicted act that led to the death of the deceased, for which the respondent railway administration cannot be held responsible. these issues are decided accordingly in favour of the respondent and .....

Vishvanath Ganesh Javdekar Vs. G.i.P. Railway

Court : Mumbai

Reported in : AIR1921Bom73(1); (1921)23BOMLR809

..... it appears from the provisions of section 41 of the indian railways act that the jurisdiction of the civil courts is ousted where the act or omission of the railway administration in question is said to be in violation or contravention of any provision of chapter v of the act. in the chapter under the sub-heading 'traffic facilities' by section 42(2 ..... that this reservation of a compartment by the railway company could not be considered as an act of undue or unreasonable preference, because it was not reserved for ..... view of the above provisions contained in sections 26 to 41 of the chapter to consider or express any opinion whatever cm the question whether there has been any undue or unreasonable preference within the meaning of 42 of chapter v. of the railways act ix of 1890.12. the only other point argued for the appellant is .....

Chief Commercial Superintendent, South Eastern Railway Vs. Member, Boa ...

Court : Kolkata

Reported in : [1973]32STC171(Cal)

..... statute. section 7 of the indian railways act, 1890, gives certain authority to railway administration to execute certain works. there are other provisions in chapter iii, which authorise certain incidental works to be done by the railway for the purpose of carrying on its work. chapter iv deals with opening of railways and chapter v deals with railway commission and traffic facilities. chapter vi provides for the working of the ..... railways and provides for the conditions under which the railways would work. it provides for the carriage of property and limitation of such carriage of property. section 55 of the railways act provides for lien, for rates and .....

Prakash Cotton Mills Private Ltd. and ors. Vs. B.N. Rangwani and ors.

Court : Mumbai

Reported in : AIR1971Bom386; (1971)73BOMLR225; 1971MhLJ566

..... appurtenant thereto specified by the collector until excise duty is paid under rule 10, provision is made for recovering short-levied excise duty. the rules in chapter v provide for what might be called a watertight scheme for recovering duty before the excisable goods are removed from the place of manufacture and/ or any ..... adjudication penalty and confiscation is vested in the officers mentioned in that section. jurisdiction of civil court is withdrawn in respect of matters arising under the act. having regard to the scheme in the rules and the above provisions in sections 9 and 33 the natureof the investigations which will take place for imposing ..... upon the observations in these cases, he has submitted that in taxation laws assessing authorities exercise quasi judicial functions and they have duty cast on them to act in a judicial and independent manner. before completing assessments in the circumstances appearing in the present case, the 1st respondent was bound to hold an inquiry andin .....

Union of India (Uoi) and anr. Vs. Bhavnagar Salt and Industrial Works ...

Court : Supreme Court of India

Reported in : AIR1988SC183; (1988)2GLR1457; JT1988(3)SC129; 1988(2)SCALE76; 1988Supp(1)SCC713; 1988(2)LC390(SC)

..... main arise for determination:(1) whether the claim was maintainable in civil court in view of the provisions contained in chapter v of the indian railways act, 1890?(2) if the agreement of march, 1951 was an independent one entered into between western railway and the plaintiff and not based upon the earlier agreement of 1943, and if it was an independent agreement, ..... contentions a claim for refund of rs. 1,49,667.09 was made. the defendants maintained that the suit was not maintainable as under the provisions of the indian railways act, 1890, the matter came within the purview of the statutory rates tribunal; the agreement was not binding and at any rate was available to be unilaterally modified and the ..... whether the railways act authorised variation of the tariff ?(3) whether javak no. 582 (ext. 127) was at the most a licence and the powers exercisable by the then ruler were available .....

Mathrubhumi Printing and Publishing Co. Ltd. Vs. P. Rajan and anr.

Court : Kerala

Reported in : (2006)ILLJ521Ker

..... by themselves and hence separate enactment called working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 was enacted. working journalists have been dealt with in chapter ii of the said act. chapter ii-a deals with non-journalist newspaper employees. sections 3 to 13-aa apply exclusively to working journalists. ..... categories of employees discriminatorily placed. legislature in its wisdom has defined the term 'working journalist' under the working journalists act as a separate category. separate provision has been enacted in chapter ii of the act not only with regard to payment of gratuity but with regard to the hours of work, leave, fixation of ..... or revision of rates of wages which says that the central government may fix rates of wages in respect of working journalists. chapter ii (sic) of the act deals with powers and procedure of the board and section 10 deals with recommendation by the board. section 12 deals with the powers .....