Search Results for "Indian Railways Act"

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Search Results for "Indian Railways Act"

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Supreme Court

Supreme Court Holds Unilateral Appointment of Arbitrators Violates Equality Principle Under Section 18 of Arbitration and Conciliation Act, 1996. Party Autonomy Cannot Override Mandatory Requirement of Independence and Impartiality, and Unilateral Appointment Clauses in Public-Private Contracts Are Unconscionable and Void.

13 Nov 2024

The Supreme Court of India, in a Constitution Bench judgment, addressed the validity of unilateral appointment of arbitrators under the Arbitration an...

Supreme Court

Supreme Court Reverses High Court Order in Tender Dispute Involving Foreign Sovereign Funding. High Court Erred in Interfering with Technical Bid Rejection Under Article 226 as Project Funded by Japanese Loan with Non-Negotiable Terms Under Memorandum of Understanding.

31 Jan 2022

The dispute arose from a tender process for the Mumbai-Ahmedabad High Speed Rail Project, where the National High Speed Rail Corporation Limited (NHSR...

High Court

High Court of Karnataka Dismisses Appeal Under Section 37 of Arbitration Act Against Rejection of Section 34 Application — Arbitral Award Not Patently Illegal or Contrary to Public Policy. The court upheld the dismissal of the challenge to the arbitral award, finding no patent illegality or conflict with public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

23 Oct 2019

The appeal was filed by the Chief Commercial Manager/FM, South Western Railway, representing the Union of India, against the judgment dated 23/9/2017 ...

High Court

Bombay High Court Dismisses Appeal by Union of India Against Arbitral Award in Contract Dispute. Court Upholds Arbitrator's Interpretation of 'Fall Clause' in Repeat Order for Supply of PSC Sleepers Under Section 34 of Arbitration and Conciliation Act, 1996.

26 Jun 2015

The case involves an appeal by the Union of India (Central Railway) against an order of a learned Single Judge dismissing its challenge under Section ...

High Court

Bombay High Court Dismisses Railways' Petition Challenging Equal Pension to Two Widows. Railway Pension Rules Allow Payment to Multiple Widows in Equal Shares Despite Second Marriage Being Void Under Hindu Marriage Act.

20 Nov 2014

The Union of India, through the General Manager of South East Central Railway, Bilaspur, and the Divisional Railway Manager, Nagpur, filed a writ peti...

High Court

Bombay High Court Allows Appeal of Hindustan Petroleum Corporation Ltd. in Railway Short Delivery Case — Burden of Proof Under Section 65 of Railways Act, 1989 Not Discharged by Railway Administration. Shortage Receipt Issued at Delivery Station May Amount to Admission of Shortage, and Mere Remarks on Railway Receipt Do Not Prove Non-Supervision of Loading.

13 Feb 2014

The appellant, M/s Hindustan Petroleum Corporation Ltd., a government enterprise, booked a consignment of 27,020 litres of motor spirit at its siding ...

High Court

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.

22 Nov 2013

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...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bonafide Passenger Based on Ticket Recovery and Witness Testimony. Accidental Fall from Train Constitutes Untoward Incident Under Section 124A of Railways Act, 1989.

4 Sep 2013

The appeal was filed by the dependents of Anil Girdhar Thalkia against the dismissal of their claim for compensation by the Railway Claims Tribunal. T...

High Court

Bombay High Court Allows Appeal Against Railway Claims Tribunal Order in Tassar Silk Saree Loss Case — Limitation Period Under Section 103 of Railways Act, 1989 Is Not Applicable to Claims for Non-Delivery of Goods. The court held that Section 103 of the Railways Act, 1989 does not prescribe a period of limitation for filing a claim before the Railway Claims Tribunal, and the Tribunal has jurisdiction to entertain claims beyond six months from the date of booking if within the Limitation Act, 1963.

28 Jun 2012

The appellant, Development Corporation of Vidarbha Limited, a Government of Maharashtra undertaking, filed two claim applications before the Railway C...

High Court

Bombay High Court Restrains Railways from Using Private Land Without Acquisition — Landowners Entitled to Compensation and Alternate Plot Before Dispossession. The court held that the respondents cannot enter upon or use the petitioners' land for railway purposes unless the land is acquired under due process of law and alternate plot and compensation are provided.

24 Aug 2005

The petitioners, eight individuals residing in Dativali, Thane, filed a writ petition in the Bombay High Court seeking a declaration that the responde...

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