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Gujarat High Court Allows Appeal in Railway Accident Case — Fall from Upper Berth Due to Jerk is Untoward Incident. Section 123(c) of the Railways Act, 1989 is a beneficial provision and must be liberally construed to include accidents inside train compartments.

The case involves a First Appeal under Section 23 of the Railway Claims Tribunal Act, 1987, filed by the appellants (legal heirs of the deceased Sadan...

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NCLAT Allows Appeal Against Rejection of Claim by RP in CIRP of Sovereign Industries Ltd. — Claimant's Right to File Claim Before Adjudicating Authority Not Barred by Limitation Under IBC. The NCLAT held that acknowledgment of debt in balance sheets extends limitation and the RP's rejection was erroneous.

The case involves an appeal by Mr. Bhagawant Narayan Naik against the rejection of his claim by the Resolution Professional (RP) of Sovereign Industri...

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Bombay High Court Allows Writ Petitions Challenging Demand of VAT on Pan Masala Containing Tobacco under MVAT Act, 2002. Exemption Under Schedule Entry A-45 Upheld and Part Payment Orders Quashed as Explanation Inserted by Notification dated 21.01.2006 Held Ultra Vires.

The dispute arose under the Maharashtra Value Added Tax Act, 2002 regarding the levy of VAT on pan masala containing tobacco (gutkha/mawa) for the fin...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Untoward Incident Under Section 124A of Railways Act, 1989. Bona Fide Passenger Status Established Through Circumstantial Evidence Despite Lost Ticket.

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur Bench, dated 26.08.2013, dismissing the claim for compensation filed by the a...

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Bombay High Court Upholds Consumer Forum Compensation for Railway Death Due to Negligence in Providing Safe Travel. Railway Administration Held Liable for Death of Passenger Thrown from Train by Miscreants as Deficiency in Service Under Consumer Protection Act, 1986.

The Union of India, through the General Manager of South Central Railway, filed a writ petition challenging an order of the District Consumer Disputes...

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High Court of Bombay Allows Appeal in Railway Accident Case — Fall from Overcrowded Train Due to Sudden Jerk Constitutes Untoward Incident. Mother of Deceased Bonafide Passenger Entitled to Compensation Under Section 124-A of the Railways Act, 1989.

The appellant, Smt. Ratta wd/o Subhash Meshram, filed a claim before the Railway Claims Tribunal seeking compensation for the death of her son, Ravind...