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Indian Railways Act, 1890

28 judgments · newest first · showing 1–28

UNION OF INDIAversusSTATE TRADING CORPORATION and ANR.

Dismissed

The Union of India (Railways) appealed against the Railway Claims Tribunal’s award in favor of State Trading Corporation of India Ltd. and New India Assurance for a shortage of 6,159 kg of rape seed oil during transit, valued at Rs.58,510.50 with interest. The Tribunal had held that a notice under …

UNION OF INDIAversusM/S INDIAN OIL CORPORATION LTD.

2024 INSC 243Dismissed

The Union of India (railways) charged Indian Oil Corporation (IOC) freight on the Baad‑Hisar route based on a chargeable distance of 444 km as per the old local distance table. In 2005 the railways revised the distance to 334 km, claiming the earlier figure was erroneous, and IOC sought a refund of …

UNION OF INDIA AND ORS.versusSTATE OF U.P. AND ORS.

2007 INSC 1116Dismissed

The Uttar Pradesh Jal Sansthan, created under the U.P. Water Supply and Sewerage Act, 1975, supplied water and maintained sewerage for railway colonies and stations and demanded service charges from the Railways. The Union of India contended that these charges were a tax on Union property and …

S.P. INDUversusTHE GENERAL MANAGER, METRO RAILWAY AND ANR.

2007 INSC 1087Dismissed

The case concerned the seniority and eligibility for promotion to Assistant Law Officer in the Calcutta Metro Railway. The appellant, S.P. Indu, had been on deputation from South Eastern Railway and was placed in the Rs 2000‑3200 pay scale but had never passed the departmental examination and did …

UNION OF INDIA AND ANR.versusKANKUBEN (DEAD) BY LRS. AND ORS. ETC. ETC.

2006 INSC 156Appeal(s) allowed

The workmen (respondents) filed applications under Section 33‑C(2) of the Industrial Disputes Act, 1947 seeking recovery of overtime allowances for duties involving moving locomotives. The Labour Court allowed the applications and awarded the claimed amounts. The employer (Indian Railways) …

CENTRAL MINE PLANNING AND DESIGN INSTITUTE LTD.versusRAMU PASI AND ANR.

2005 INSC 608Disposed off

Ramu Pasi, a casual worker in the factory of Central Mine Planning and Design Institute Ltd., claimed compensation under the Workmen's Compensation Act, 1923 for an injury to his left ring finger suffered on 11 June 1986. The Labour Court awarded Rs 4001, but the employer appealed, contending that a …

UNION OF INDIAversusWEST COAST PAPER MILLS LTD. AND ANR.

2004 INSC 130Dismissed

West Coast Paper Mills Ltd and Dandeli Ferro Alloys Ltd transported goods by rail and were charged a flat freight rate that denied them the benefit of the telescopic rate system, resulting in higher charges. They filed complaints under Section 28 of the Railways Act, 1890; the Railway Tribunal held …

SRI S.K. SARMAversusMAHESH KUMAR VERMA

2002 INSC 393Appeal(s) allowed

Mahesh Kumar Verma, a former railway employee, was allotted official accommodation while in service but failed to vacate after his retirement in 1984. The railway administration invoked Section 138 of the Indian Railways Act, 1890 to recover possession, but the Calcutta High Court set aside the …

UNION OF INDIAversusE.I.D. PARRY (INDIA) LTD.

2000 INSC 44Appeal(s) allowed

The respondent, E.I.D. Parry (India) Ltd., sued the Union of India for recovery of demurrage charged by the Railways for failing to unload ten box wagons within the free time. The trial court decreed a partial refund and the High Court upheld that decree but, on its own motion, struck down Part 1A …

JAGJIT COTTON TEXTILE MILLSversusCHIEF COMMERCIAL SUPERINTENDENT N.R. AND ORS.

1998 INSC 190Dismissed

The petitioners, consignees of coal, challenged the Railway's recovery of penal charges under Rule 161‑A of the Indian Railway Conference Association (IRCA) Rules for loading wagons beyond the permissible carrying capacity. The Supreme Court examined whether Rule 161‑A was inconsistent with or ultra …

P.A. NARYANANversusUNION OF INDIA AND ORS.

1998 INSC 95Appeal(s) allowed

The appellant's wife was assaulted and robbed on a running local train in 1981. She pulled the alarm chain, but the guard and motorman failed to stop the train, and she later died from her injuries. The Railway Board denied compensation, holding that liability arose only in railway accidents, and …

UNION OF INDIAversusUNITED INDIA INSURANCE CO. LTD. AND ORS.

1997 INSC 705Dismissed

A super‑fast train collided with a hired passenger bus at an unmanned level crossing in Kerala, killing most of the bus occupants. The Supreme Court examined whether the bus driver was negligent, whether his negligence could be imputed to the passengers, and whether the railways owed a common‑law …

BIRLA CEMENT WORKSversusG.M. WESTERN RAILWAY AND ANR.

1995 INSC 2Dismissed

Birla Cement Works, a cement manufacturer, paid excess freight charges after a gauge conversion added 34 km to the railway distance. The company discovered the mistake when the railway admitted the error on 12 Oct 1990 and claimed a refund under Section 78-B of the Indian Railways Act. The Railway …

SALES TAX OFFICER KANPUR AND ORS.versusUNION OF INDIA AND ANR

1994 INSC 527

Twenty-six packages of utensils were seized by a Uttar Pradesh sales tax officer because they were being transported without the required documents. The railway argued that the goods were moving from a railway godown to a city booking agency, which it claimed was part of the "Railway" under the …

ST. JOSEPH TEXTILESversusUNION OF INDIA AND ANR.

1992 INSC 349Dismissed

St. Joseph Textiles booked a consignment of hand‑loom cloth for carriage by the Indian Railways and sent the parcel way‑bill and a bank demand draft to the bank for clearance. The bank returned the documents, and the appellant wrote to the destination station master requesting re‑booking of the …

UNION OF'. INDIAversusPURNA MUNICIPAL COUNCIL AND ORS.

1991 INSC 244Appeal(s) allowed

The Union of India filed a writ petition under Article 226 challenging demand notices issued by the Purna Municipal Council for service charges of Rs.28,400 on railway property for the years 1954‑1960. The Union relied on Article 285 of the Constitution read with Section 135 of the Indian Railways …

RATAN LAL ADUKIA & ANR.versusUNION OF INDIA

1989 INSC 206Dismissed

The appellants filed two suits in Alipore and Calcutta Small Causes Courts seeking compensation for short delivery of goods booked with the Indian Railways. The Union of India contended that, under Section 80 of the Indian Railways Act, 1890 (as amended in 1961), the trial courts lacked …

DELHI CLOTH & GENERAL MILLS LTD.versusUNION OF INDIA

1987 INSC 273Dismissed

Delhi Cloth & General Mills Ltd. set up a fertilizer plant at Kota and sought a concessional railway freight rate for transporting naptha from the Koyali refinery. The Railway Board, in a 1966 letter, offered a special rate of 85‑B but qualified it as subject to review when traffic began. When the …

BANSAL & CO, & ANR.versusUNION OF INDIA & ORS.

1985 INSC 257Disposed off

The Ministry of Railways issued a Preferential Traffic Schedule (PTS) under section 27A of the Indian Railways Act, 1890, assigning coal transport to priority ‘C’ subject to five conditions, including loading from collieries. The Gauhati High Court ordered that wagons be allotted under priority ‘C’ …

UNION OF INDIAversusSTATE OF RAJASTHAN

1984 INSC 166Dismissed

The State of Rajasthan, through its District Rehabilitation Officer, sued the Union of India and the Railway Administration in a district court for damages to tents damaged while in transit on Indian Railways. The Union contended that the suit was barred by Article 131 of the Constitution, which …

UNION OF INDIA AND ORS.versusSUNJL KUMAR GHOSH

1984 INSC 149

The petitioner, a passenger, fell from a bogie that was being shunted at a railway station and sustained a hand injury. The Railway Administration argued that the injury was not the result of an "accident to the train" as contemplated by Section 82A of the Indian Railways Act, 1890. The High Court …

INDER MAL JAIN & ANR. ETCversusUNION OF INDIA & ORS. ETC.

1983 INSC 194Dismissed

The petitioners, who operated as railway travel agents serving middle‑ and lower‑middle‑class passengers, challenged the constitutionality of Section 114A of the Indian Railways Act, 1890 and the Railway Tourist Agent Rules, 1980, alleging that the provisions imposed unreasonable and arbitrary …

VIKLAID COAL MERCHANT, PATIALA, ETC. ETC.versusUNION OF INDIA & ORS.

1983 INSC 167Dismissed

The petitioners, coal merchants, challenged a series of orders issued by the Ministry of Railways—including the addition of the abbreviation 'GX' to station codes and a Preferential Traffic Schedule under Section 27A of the Indian Railways Act—that restricted the outward booking of coal in …

DR. P. NALLA THAMBY THERAversusUNION OF INDIA AND OTHERS

1983 INSC 166Disposed off

The petitioner, a railway commuter, filed a writ petition under Article 32 seeking a mandamus directing the Union of India to implement the recommendations of the Kunzru, Wanchoo and Sikri Committee reports, appoint a fact‑finding commission and improve railway safety, invoking Articles 19 and 21. …

THE TRUSTEES OF THE PORT OF BOMBAYversusTHE PREMIER AUTOMOBILES LTD.

1980 INSC 165Appeal(s) allowed

Premier Automobiles imported a heavy grinding machine that was taken into the custody of the Bombay Port Trust Board upon landing. While the Board's employees were moving the case on a trolley, it fell and the machinery was severely damaged. Premier sued the Board for damages, alleging negligence, …