Railways Act, 1989, Section 124A -- Accident - Untoward incident - Compensation - Where an official railway inquiry or evidentiary record verifies issuance of a ticket corresponding to date and route of an untoward incident, such verification shall constitute prima facie proof of bona fide travel, shifting evidentiary burden on Railway Administration - Absence of a seizure..........
Railways Act, 1989, Section 124A -- Accident - Untoward incident - Compensation - Deceased died due to injuries sustained on account of fall from train - Initial burden which is cast on claimants to prove that deceased had travelled in train has been discharged by sworn statement made by wife of deceased - Death of deceased would fall within the purview of expression..........
Indian Penal Code, 1860, Section 363, 376(2)(f), 377, Evidence Act, 1872, Section 106 -- Kidnapping and Rape - Last seen evidence - Prosecutrix, aged 3 years, recovered from railway station `M' nearly 4 days after last seen with accused - However, prosecution neither examined any witness who had seen prosecutrix in company of accused at station `M' nor provided explanation..........
Legal Services Authorities Act, 1987, Section 22A -- Permanent Lok Adalat - Not applicable to service provided by Railways, as S.22-A of the Act is applicable only as regards carriage of passengers/goods by air, road and water - Statue is silent as regards carriage of passengers by railways - Moreover, jurisdiction of Permanent Lok Adalat is specifically ousted in view of..........
Railways Act, 1989, Section 66(4) -- Carriage - Description of goods, if materially false - Railway authority is empowered to charge goods at the required rate which can be either before or after delivery of goods...........
Railways Act, 1989, Section 124A, Railway Claims Tribunal Act, 1987, Section 16 -- Accident - Bona fide passenger - Compensation - Conclusion in post mortem report as to time of death are approximations - A margin of error of about half a day in cases where compensation is at issue is not disproportionate, where evidence is otherwise corroborated by material on record...........
Railways Act, 1989, Section 124A, Railway Claims Tribunal Act, 1987, Section 16 -- Accident - Bona fide passenger - Compensation - Initial burden that deceased was travelling on the train and his death was caused by fall during the course of his travel was discharged by appellant - Burden of proof then shifted to Railways which has not been discharged by them - Presumption..........
Railways Act, 1989, Section 123, 124A -- Accident - Untoward incident - Compensation - Deceased who procured a valid ticket fell down from running train due to heavy crowd in compartment and jolting of train - Initial burden that deceased was having a valid ticket has been discharged shifting onus on Railway Administration to disprove the said fact - Railway Administration..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 391 gms brown colour narcotic powder - Bail - There is no independent witness of alleged recovery - Constables of Railway Police Force cannot be said to be independent witnesses -Though search was conducted in presence of Gazetted Officer,..........
Indian Penal Code, 1860, Section 302, 364, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Recovery of blood stained stones and broken bottle of beer at the instance of accused - Recovery effected after a period of about one month from spot - So far as place from where dead body was recovered, same was already in the knowledge of police as dead body had already been..........
