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, .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Delhi
..... if not arbitration as above suggested, would be the authorities under the legal metrology act itself. chapter v of the act deals with offences and penalties and if at all the respondent oil companies are violating the provisions of the act, the remedy of the appellants would be to file a complaint thereof within the ..... hindustan petroleum corporation ltd. (hpcl) and bharat petroleum corporation ltd. (bpcl) impleaded as respondents, on account of non compliance of mandatory provisions of the legal metrology act, 2009 by the said respondents. ministry of petroleum & natural gas stated to be having superintending control over the respondent oil companies was also impleaded as a respondent; ..... ambit of the act before the authorities constituted under the act and who being adept in .....
Tag this Judgment!Court : Delhi
..... if not arbitration as above suggested, would be the authorities under the legal metrology act itself. chapter v of the act deals with offences and penalties and if at all the respondent oil companies are violating the provisions of the act, the remedy of the appellants would be to file a complaint thereof within the ..... hindustan petroleum corporation ltd. (hpcl) and bharat petroleum corporation ltd. (bpcl) impleaded as respondents, on account of non compliance of mandatory provisions of the legal metrology act, 2009 by the said respondents. ministry of petroleum & natural gas stated to be having superintending control over the respondent oil companies was also impleaded as a respondent; ..... ambit of the act before the authorities constituted under the act and who being adept in .....
Tag this Judgment!Court : Delhi
Reported in : 2002(64)DRJ379
..... allegedly is said to have been committed the officer in command is required to take any action for charges and trial by the court martial as per section 1 chapter v of the rules or order a court of enquiry. it was further held in col dd pawar and anr. v. commander hq. andhra sub-area, secunderabad ..... limitation by court martial but specifies in sub-section (2) thereof offences in respect thereof, the limitation clause would apply in support of offences contemplated under section 37 of the act.19. in delhi special police establishment. v. s.k. loraiya, : 1973crilj33 , it was held:'...on a conjoint reading of sub-sections (1) and (3) of ..... local purchase of hygiene chemicals ignoring the instructions laid down thereforee during his tenure as officiating commandant, he was charge-sheeted. proceedings in terms of the army act had been initiated on 30th october 1996. upon investigation, it was concluded:'3.conclusion:- there has definitely been certain procedural lapses on part of 4 rpd asc .....
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..... submission advanced by the petitioner is based upon an incomplete reading of the bsf act, 1968 and the rules framed thereunder in the year 1969.32. chapter v of bsf act (sections 57 to63) deals with arrest of an accused person before trial. section 57 of bsf act empowers the superior officer of a person who has been charged with commission of ..... an offence to place him under arrest. chapter v of bsf rules (rules 31 to40) makes provisions of arrest of the accused persons. rule 38 of the bsf rules relates ..... to the arrest of an accused person on commencement of his trial. in view of provisions of section 57 of bsf act, the commandant of petitioner was empowered to .....
Tag this Judgment!Court : Delhi
..... (iii) any other order related to any other function as may be prescribed. any other function as may prescribed.11. for the purpose of chapter 5 of the act of 2015 and chapter 5 of the rules, it is clear that any child who is in need of care and protection is required to be produced before the committee during the ..... love, care and warmth of parents to the child is a gross violation of the rights of the child as per article 9 (separation from parents) of uncrc- 1989 ratified by india in 1992 according to which children have the right to live with their parents, unless it is bad for them and the children whose parents do not ..... brought before them.12. in the context of aforesaid legal position, arguments advanced by the counsel for the respondent referring the provisions of commission for protection of child rights act, 2005 and as per united nations conventions is required to be adverted. counsel referring the said convention urged that madhya pradesh high court vide order dated 20.3.2014 .....
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..... state government , the supreme court of india or the high court of delhi; (iv) proposals or matters required to be referred to the central government under the act or under chapter v; (v) matters pertaining to the lieutenant governor's secretariat and personnel establishment and other matters relating to his office; (va) matters on which lieutenant governor ..... aids to construction. the modern approach has to a considerable extent eroded the exclusionary rule even in england. a constitution bench of this court after specifically referring to assam railways and trading co. ltd. v. i.r.c. in state of mysore v. r.v. bidap; (1973) ii llj 41 8sc observed as under: the ..... the learned asg relied upon ndmc v. state of punjab; (1997) 7 scc 339. reliance has also been placed upon recommendations in the report dated 14.12.1989 of the balakrishnan committee which was constituted for "reorganization of the delhi set-up" and which formed the basis of the 69th amendment to the constitution as well as .....
Tag this Judgment!Court : Delhi
Reported in : ILR1992Delhi358
..... and the forms 1 and iv res- pecitvely for registration and license the principal purpose of all these provisions appear to be to see compliance with chapter v of the act dealing with the welfare and health of the contract labour including responsibility for the payment of wages to them. further if we accept the contention of ..... workmen who were previously employed by the contractor on the same wages and conditions of work as were applicable to those engaged in similar work .by the western railway. the court, however, also observed that if there was any dispute whether an individual workman was or was not employed by the contractor such dispate would be decided ..... m/s. gammon india ltd. etc. v. union of india and others, : (1974)illj489sc . (12) where constitutional validity of the act was upheld. in catering cleanere of southern railway v. union of india and others : (1987)illj345sc . (13) the court pointed out the pernicious effect of the contract labour and referred to its earner .....
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