Consumer Protection Act, 1986, Section 3, 14, Railway Claims Tribunal Act, 1987, Section 13(1)(a)(ii), 15 -- Jurisdiction - Railways - No, delivery of consignment of goods - Case of the complainant would be covered by provisions of Section 13(1)(a)(i) of Act, 1987 as the allegation was no, delivery of goods that it had booked - The matter would be squarely within the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Unmanned railway crossing - Union of India cannot be held liable to pay compensation merely for the reason that the railway level crossing was unmanned - In the instant case there is no evidence on record that no sign board was placed by side of the crossing to inform the driver of the vehicle trying to cross the railway..........
Railway Claims Tribunal Act, 1987, Section 124(A) -- Death - Proof of - Liability of Railway - Held, in absence of any evidence to show that death has occurred due to own fault and negligence of deceased, no benefit can be given to Railway to absolve them of liability - Once it is established that passenger was having a valid reserved ticket to travel by train whether she..........
Criminal Procedure Code, 1973, Section 482, Railway Protection Force Act, 1957, Section 20(3) -..........
Railway Protection Force Rules, 1959 -- Termination of services - Exercise of power - Held, power provided to authority under Rule 47 is an extraordinary power which must be exercised with due care and attention and also upon proper application of mind - Such a power cannot be exercised arbitrarily as in present matter respondents have not been able to show any record to..........
Constitution of India, 1950, Article 226, Railways Act, 1989, Section 3 -- Railway - Administration of - Scope of judicial review - Held, railway administration is a specialized field - Court should not direct railway to introduce new trains, add coaches or change timings of trains - Railway should be given freedom to grow, improve and serve nation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Railways Act, 1989, Section 143, 146, 80(G), Railway Travellers Service Agent Rules, 1985, Rule 2, 5 -- Writ petition seeking mandatory interim order permitting writ petitioner to run business as a railway travel agent - Agent had not applied for agency when advertised by Railways - Procedure for issue of license not..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(o) -- Railway Servants (Pass) Rules, 1986, Rule 3(b)(viii) - Consumer - Service - Post Retirement Complementary Passes - Held that service in question even though freely provided by the OP Authority to its employee including retired employee would be service within definition of Section 2(1)(o) of the CP Act - Fora below..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(o) -- Railway Servants (Pass) Rules, 1986, Rule 3(b)(viii) - Post Retirement Complementary Passes - Refusal to grant benefit of travelling double journey en-route over the portion Trichirapalli, Thanjuvar-Trichirapalli on the plea that since Tanjavur is not a terminal station because the route from Tanjavur is further..........
Railways Act, 1989, Section 20A, 20F(2), 20E(1) -- Acquisition of land for special railway project - Appeal against award - S.20E of the Act requires notification declaring acquisition to be published only in official gazette - There is no requirement of publication of notification in any newspaper - Therefore, period of one year stipulated in S.20F(2) of the Act to make..........
