Railways Act, 1989, Section 124A -- Untoward incident - Claim for compensation - Presence of body on railway premises - Will not be conclusive to hold that injured or deceased was bonafide passenger for which claim for compensation can be maintained...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Value of suit land determined on the basis of sale deed executed 5 months prior to acquisition of suit land and that land has been taken as data land - Subordinate Judge very correctly appreciated the fact that there is a railway track between data land and acquired land - Acquired lands are..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction order indicates that Railway Board being competent authority has taken collective decision to accord sanction after fully and carefully going through statements and documents - Mere irregularity in granting sanction for prosecuting A-1, does not fall within failure of justice, as u/s..........
Railways Property (Unlawful Possession) Act, 1966, Section 3(a), Evidence Act, 1872, Section 3 -- Theft of railway property - Appreciation of evidence - Evidence of PWs.is consistent, corroborative and categorical with respect to incriminating materials recovered from possession of petitioner - Even, false implication of petitioner is ruled out - Moreover, failure to..........
Railways Property (Unlawful Possession) Act, 1966, Section 3(a) -- Theft of railway property - Reduction of sentence - Petitioner is facing rigors of prosecution since year 1987 due which he has suffered mental agony on account of long pendency of case for about three decades - Considering nature of offence and period of incarceration suffered by petitioner in custody,..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of railway tickets from possession of accused - PW3, (to whom the tickets were given by accused) not shown tickets to police on the first instance - No explanation was given by PW3 for the same - Statement of PW6 on this behalf is also not convincing when he stated that these tickets..........
Railway Act, 1989, Section 123(c), 124A -- Untoward incident - Deceased was with valid journey ticket and was waiting for train at platform - Deceased while trying to save woman got hit by train and died - Incident will come within untoward incident and claimants are entitled to compensation...........
Railway Act, 1989, Section 123(c), 124A -- Untoward incident - Person who has purchased valid journey ticket and is waiting for train, he is deemed to be bonafide passenger - If something happens while he was at railway platform while waiting for train, said act is covered within the definition of untoward incident...........
Service -- Calculation of pensionary benefits - Casual worker after obtaining temporary status is entitled to reckon 50% of his services till he is regularized on a regular/temporary post for the purposes of calculation of pension, as per Rule 31 of Railway Service (Pension) Rules, 1993 - However, casual workers before obtaining temporary status is also entitled to reckon..........
Service -- Calculation of pensionary benefits - Casual worker who is appointed to any post either substantively or in officiating or in temporary capacity is entitled to reckon the entire period from date of taking charge to such post as per R.20 of Railway Service (Pension) Rules, 1993. (Railway Service (Pension) Rules, 1993, R.20)...........
