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High Court Dismisses Petitions Against Railway Eviction Notices -- Residents of Malad Fail to Prove Legal Right to Railway Land -- Eviction Upheld for Public Infrastructure Development

The judgment involved 25 connected writ petitions filed by residents of Malad, Mumbai, against eviction notices from the Western Railway Administratio...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Non-Prosecution. Held that the Tribunal erred in dismissing the claim application for default without considering the merits, and the matter must be restored for fresh adjudication.

The appellant, Mohd. Saber s/o Mohd. Illyas, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for inju...

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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Parents of Deceased Passenger Entitled to Compensation Under Section 124-A of Railways Act, 1989. Death Caused by Fall from Overcrowded Train Constitutes an Untoward Incident.

The appeal arises from the dismissal of a compensation claim by the Railway Claims Tribunal, Nagpur Bench. The appellants, Shobhabai and Ganesh Gaikwa...

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Bombay High Court Allows Discharge of Accused in Railway Property Case Due to Lack of Evidence of Knowledge. Possession of railway property without proof of knowledge or reason to believe it is railway property does not attract Section 3(a) of Railway Property (Unlawful Possession) Act, 1966.

The petitioner, Bhagwat Rajaram Patil, was the owner of a rolling mill at Manyarkheda, Jalgaon. On 18 July 1999, the Railway Protection Force (RPF) co...

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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deemed Passenger Rule Applied. Death of a person found on railway premises with a valid ticket is an 'untoward incident' under Section 124A of the Railways Act, 1989, and the burden to prove negligence is not on the claimant.

The appellants, being the wife, minor son, and parents of the deceased Lahu Kotlapure, filed a claim application under Section 124 of the Railways Act...

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Bombay High Court Allows Appeal of Workman in Railway Termination Case — Reinstatement with Back Wages Upheld. Continuous Service Requirement Under Section 25B of Industrial Disputes Act, 1947 Satisfied Despite Intermittent Breaks.

The appellant, Shri Jairaj N. Shetty, was employed as a Casual Cook in the Catering Section of the Commercial Department, Central Railway, Mumbai V.T....

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Supreme Court Upholds Consignor's Claim Against Indian Railways for Loss of Goods Under Implied Bailment. Implied Contract of Bailment Found Between Consignor and E.P. Railway Despite Initial Contract with Pakistan Railway Under Indian Contract Act, 1872 Sections 148 and 194.

The dispute arose from the non-delivery of goods consigned in 1947 from Quebec, Pakistan, to New Delhi, India. The consignor, Amar Singh, booked goods...