Legal Reference Library

The Supreme Court in Cheviti Venkanna Yadav vs. State of Telangana and Ors, has upheld the constitutional validity of sub-section (3) of Section 5 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets (Amendment) Act, 2015. Section 5 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets (Amendment) Act, whereby the term of the market committee was reduced from three years to one year by giving retrospective effect in the Amendment Act, was under challenge before the Andhra Pradesh High Court. Aggrieved by the decision of division bench of the high court which had upheld the provisions, an appeal was preferred before the apex court. The court observed that after the legislature came into existence, it has the competence to enact any law retrospectively or prospectively within the constitutional parameters (M/s. Rattan Lal and Co. and another etc. v. The Assessing Authority, Patiala and another). The bench also added that the legislature has the power to enac...

Patna High Court has held that death of a passenger due to falling down while trying to enter into train, is compensable under Section 124A of Railways Act. Justice Aditya Kumar Trivedi in Juweda Khatoon vs Union of India, referring to an Apex Court Judgment, said that Railways Act being a beneficial piece of legislation should receive a liberal and wider interpretation and not a narrow and technical one. The Law 123 (c) (2) of Railways Act defines “untoward incident” as“the accidental falling of any passenger from a train carrying passengers.”  Section 124A. Compensation on account of untoward incident.—When in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or the dependant of a passenger who has been killed to maintain an action and recover damages in respect thereof, the railway administration shall...