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Search Results for "railways act"

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High Court

High Court of Karnataka Dismisses Appeal Against Arbitral Award in Construction Contract Dispute. Court upholds rejection of claims for additional payment due to lack of evidence and failure to prove that extra work was ordered by the Railways.

2 Jul 2026

The appellant, M/s. N.N. Constructions, a proprietary concern, filed a commercial appeal under Section 37(1)(c) of the Arbitration and Conciliation Ac...

High Court

Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

27 Mar 2024

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

High Court

Bombay High Court Dismisses Application for Condonation of Delay of Over 12 Years in Filing Appeal — No Sufficient Cause Shown for Inordinate Delay. The court held that the applicant's explanation for the delay was not credible and that the applicant had failed to show sufficient cause under Section 5 of the Limitation Act, 1963.

10 Mar 2023

The Bombay High Court dismissed an application for condonation of delay of over 12 years in filing an appeal. The applicant, Islamic Republic of Iran ...

High Court

Bombay High Court Allows Appeal of Dependents in Railway Accident Case — Deemed Untoward Incident Under Section 124-A of Railways Act, 1989. Deceased's attempt to board a moving train held to be an untoward incident, not self-inflicted injury, entitling dependents to compensation.

2 Jan 2023

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur, dismissing the claim of the dependents of Deepak Nattuji Thakre, who died af...

High Court

High Court of Karnataka Quashes Blacklisting Order Against Partnership Firm in Railway Tender Dispute — Violation of Natural Justice as No Show Cause Notice or Hearing Was Given Before Imposing 5-Year Ban. Blacklisting Without Prior Notice and Opportunity of Hearing Is Arbitrary and Unconstitutional Under Article 14 of the Constitution of India.

1 Dec 2022

The petitioners, Krishi Infratech (a registered partnership firm) and its partner M. Suryanarayana Reddy, filed a writ petition under Articles 226 and...

High Court

Bombay High Court Allows Appeal in Railway Accident Compensation Case — Death Due to Untoward Incident Under Section 124A of Railways Act, 1989. Parents of deceased son who died after being run over by train while crossing railway track held entitled to compensation as death was an 'untoward incident' under Section 124A of the Railways Act, 1989, and the Railway Claims Tribunal erred in rejecting the claim on ground of negligence.

9 Nov 2022

The appellants, Ganesh Waman Waghmare and Kusum Ganesh Waghmare, are the parents of the deceased Shubham Ganesh Waghmare. They filed a claim for compe...

High Court

High Court of Bombay Allows Appeal of Injured Passenger in Railway Accident Claim Case Due to Bona Fide Passenger Status and Untenable Defence of Self-Injury. The Court held that the Railway Claims Tribunal erred in rejecting the claim on the ground that the appellant voluntarily alighted from the train, as the statement to GRP was not conclusive and the appellant was a bona fide passenger.

4 Oct 2022

The appellant, Laxman Ganesh Kanhojia, was a bona fide passenger travelling on 14.02.2018 by Train No. 11040 Up Maharashtra Express from Bhandara to N...

High Court

Bombay High Court Allows Appeal Against Railway Claims Tribunal Rejection of Compensation for Untoward Incident. Held that strict proof of boarding train is not required under Section 124-A of Railways Act, 1989 and the claimant's version must be accepted unless rebutted by strong evidence.

12 Apr 2022

The appellant, Nitin Navindas Hundiwala, a 75-year-old consultant, filed a claim for compensation under Section 124-A of the Railways Act, 1989, read ...

High Court

Bombay High Court Allows Compensation for Passenger Falling from Moving Train While Boarding - Untoward Incident Under Railways Act. The court held that an accident caused from a moving train while trying to board or deboard it is covered by the definition of 'untoward incident' under Section 123(c)(2) of the Railways Act, 1989, and the appellant's amputation injury is covered by the amended schedule, entitling him to compensation.

3 Jul 2017

The appellant, Shashikant Dhage, filed a claim under Section 124A of the Railways Act, 1989, seeking compensation for grievous injuries sustained in a...

High Court

Bombay High Court Dismisses Petitions Seeking Protection as Slum Occupiers Against Railway Eviction — Slum Act Does Not Apply to Central Government Premises Under Article 285(1) of Constitution. The court held that the Maharashtra Slum Act cannot override the Public Premises Act in respect of Railway property, and petitioners cannot claim protected occupier status.

23 Jan 2017

The judgment concerns two writ petitions and several interlocutory applications filed by occupants of Railway land in Mumbai. The petitioners in Writ ...

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