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Jagjit Cotton Textile Mills Vs. Chief Commercial Superintendent N.R. a ...
Supreme Court of India
Apr-21-1998
Civil
Sale of Goods Act, 1930 - Sections 19 and 23(1); Employees Provident Fund etc. Act, 1952; Railways Act, 1890 - Sections 3(13), 16, 29(1), 47(4), 53(1),(2), 54(1), 72(1), 72(2) and 73; Railways (Amendment) Act, 1954; Indian Railways Conference Association - Rules 6, 29 and 161A; Constitution of India - Article 14; Railways Act, 1989 - Sections 27, 55(1), 72, 73, 74, 83 and 87; Indian Railway Board Act, 1905 - Sections 2; Foreign Exchange Regulation Act, 1947 - 23(1); Customs Act, 1962
1998IVAD(SC)185; AIR1998SC1959; JT1998(3)SC297; 1998(3)SCALE209; (1998)5SCC126; [1998]2SCR1065
verified and noted in the forwarding note and in the railway receipt. The Railways Act, 1890 and the Railways Act, 1989 contain provisions which require that the 'average carrying capacity' of each wagon be marked on the wagon. Section … consideration:(1) What is the distinction between the words 'maximum carrying capacity' used in Section 53(1) of old Act (section 72(1) of new Act), 'normal carrying capacity used in Section 53(2) (section 72(2) of new Act' and 'permissible carrying
Tag this Judgment! AI Brief & AskBhagaban Dey Vs. Union of India (Uoi) and ors.
Kolkata
Apr-29-2009
Civil
Railways Act, 1989 - Sections 30, 33, 36, 37, 43, 48, 70, 72(2), 72(3), 72(4), 73, 78, 79, 82 and 83
AIR2010Cal13
Mr. Das, Counsel for the respondents, in view of the provisions of Sections 33 and 36 of the Railways Act, 1989, against the demands the petitioner's remedy, if any, is only before the Tribunal. He has relied on Jagit … its permissible varying capacity as exhibited under Sub-section (2) or Sub-section (3), or notified under Sub-section (4), of Section 72, a railway administration may, in addition to the freight and other charges, recover from the consignor, the consignee
Tag this Judgment! AI Brief & AskAgarwala and Co. and ors. Vs. Union of India (Uoi) and ors.
Kolkata
Dec-20-2006
Civil
Railways Act, 1989 - Sections 65, 65(2), 69, 72(4), 73 and 79; ;Constitution of India - Article 226
AIR2007Cal90
to interfere with such disputed questions of fact. Drawing my attention towards the provisions of Sub-section (4) of Section 72 of the Railways Act, 1989. Mr. Roychowdhury submits that in order to maintain safety the Railway Authority is … of paragraph 1744 of the Indian Railway Commercial Manual-II read with the provisions of Section 79 of the Railways Act, 1989, it was not permissible for the respondent authority to sit tight over the matter. Mr. Samanta further submits
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Durgesh Coal and Others Vs. Northern Railway, New Delhi and Others
Allahabad
Mar-03-2000
Miscellaneous
Indian Railways Act, 1989 - Sections 2, 2(37), 27, 64, 65(2), 72(1), (2) and (4), 73, 78 and 79; Railways (Punitive Charges for Overloading of Wagon) Rules, 1990 - Rule 3; Indian Railways Conference Association Tariff Rules - Rule 702; Constitution of India - Article 226
2000(2)AWC1682
the production of railway receipts, etc. Civil - over loading - Sections 73, 78 and 79 of Indian Railways Act, 1989, Rule 3 of Railways (Punitive Charges for Overloading of Wagon) Rules, 1990 and Rule 702 of Indian Railways … the petitioners, could not demand penal freight amounting to Rs. 55 lacs as they have not complied with Section 73 of Indian Railways Act. Support has also been sought to be derived from a judgment dated 20.9.1994 … 'normal' or 'marked' carrying capacity determined by the railway administration under Section 72(2) is subject to the maximum referred to in Section 72(1). The words
Tag this Judgment! AI Brief & AskSyed Muneer Raza Vs. Chairman, Railway Board, New Delhi and Others
Andhra Pradesh
Dec-07-1999
ContractConstitution
Railway Claims Tribunal Act, 1987 - Sections 13(1), 56, 59, 65, 72, 73, 78 and 142; Constitution of India - Articles 14, 19(1), 21 and 226; Railways Act, 1989 - Sections 78, 79 and 105; IRCA - Rule 117; Army Act, 1950; Navy Act, 1957; Air Force Act, 1950; Indian Penal Code (IPC), 1860 - Sections 354; Railways Act, 1890 - Sections 78-B
2000(1)ALD689
Matched in: Advocate Mr. P. Radha Krishna, Adv. Mr. D. Srinivas, SC for Railways
Tag this Judgment! AI Brief & AskAction Committee for Resolving Gujarat Salt Manufactures Vs. Union of ...
Gujarat
Jan-12-2005
Civil
Railways Act, 1989 - Sections 10, 64(3), 65(2), 72, 72(1), 72(2), 72(3), 72(4), 73, 73(1), 83 to 85 and 86; Foreign Exchange Regulation Act, 1947 - Sections 23(1); Employees' Provident Funds etc. Act, 1952; Customs Act, 1962; Constitution of India - Articles 14 and 226; Railways (Punitive Charges for Overloading of Wagon) Rules, 1990 - Rule 161A; Standard of Weights and Measures (Enforcement) Act, 1985; Weighment of Consignment (in Wagon Load or Train load) Rules, 1990 - Rule 4; Railways Punitive Charges for Overload of Wagons (Amendment) Rules, 2004
(2005)1GLR889
consignor to pay penal freight, unloading charges, detention charges in exercise of power under Section 73 of the Railways Act 1989 (hereinafter referred to as the 'Railways Act'). It has been stated in the said communication of demand notices … required to consider the scheme of the provisions of Railways Act, more particularly qua the carriage of goods. Section 72 of the Act provides for maximum carrying capacity for the wagons and trucks. As per Sub-Section (1) of
Tag this Judgment! AI Brief & AskUnion of India (Uoi) and ors. Vs. Steel Authority of India Limited
Orissa
Sep-17-1996
ContractCivil
Railways Act, 1890 - Sections 27A, 76A and 78B; Railways Act, 1989 - Sections 106; Contract Act, 1872 - Sections 72; Limitation Act, 1963 - Article 55; ;Railways Claims Tribunal Act, 1987 - Sections 18 and 30; Railway Claims Tribunal (Procedure) Rules, 1989 - Rule 29
AIR1997Ori77
mention that as the claim in question relates to a period prior to the enactment of the Indian Railways Act, 1989, reference is made to the provisions contained in the earlier Act of 1890.10. In terms of Section 28, … to find out as to what is the nature of his claim. In my view,' the provisions of Section 72 of the Indian Contract Act, 1872 provide the answer. This provision reads thus :'72. Liability of person to
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Vs. Biswanath Agarwal
Kolkata
Mar-20-2008
Civil
Railways Act, 1989 - Sections 65, 65(2), 72(1), 72(2), 72(3), 72(4), 78 and 79; ;Bihar University Act - Section 35(3); ;Constitution of India - Article 12
2008(3)CHN401
of freight charges, should also be recorded on the invoice.(a) Under the provisions of Section 65 of the Railways Act, 1989:(1) A railway administration shall(a) In a case where the goods are to be loaded by a person entrusting … its permissible carrying capacity as exhibited under Sub-section (2) or Sub-section (3), or notified under Sub-section (4), of Section 72, a Railway administration may, in addition to the freight and other charges, recover from the consignor, the consignee
Tag this Judgment! AI Brief & AskUnion of India (Uoi) and ors. Vs. Agarwala and Co. and anr.
Kolkata
Dec-19-2007
Civil
Indian Railways Act, 1989 - Sections 65, 65(2), 72(1), 72(2), 72(3), 72(4), 78 and 79; ;Constitution of India - Article 14
2008(1)CHN751
be disposed of.5. The learned Single Judge, on consideration of the provisions contained in Section 79 of the Railways Act, 1989 read with the provisions of paragraph 1744 of the Indian Railway Commercial Manual-II, came to the conclusion that … its permissible carrying capacity as exhibited under Sub-section (2) or Sub-section (3), or notified under Sub-section (4) of Section 72, a Railway administration may, in addition to the freight and other charges, recover from the consignor, the consignee
Tag this Judgment! AI Brief & AskUnion of India (Uoi) and anr. Vs. Singareni Collieries Co. Ltd. and an ...
Andhra Pradesh
Jun-13-2005
Civil
Indian Railways Act, 1890 - Sections 72, 72(3), 73, 77, 77C, 77C(4), 78 and 78B; Railways Act, 1989 - Sections 200; Code of Civil Procedure (CPC) - Sections 78B and 80; Railways Act, 1989 - Sections 200; Indian Contract Act, 1872 - Sections 151, 152 and 161; Carriers Act, 1865; Explosive Rules; Tariff Rules
2005(5)ALD85
elaboration and the same had been dealt with in detail by the Trial Court. Section 200 of the Railways Act, 1989 (Act No. 24 of 1989) had repealed the Indian Railways Act, 1890. However, the said Act came into … responsibility as in this section defined of a railway administration.73 (1) The responsibility of a railway administration under Section 72 for the loss, destruction or deterioration of any animal delivered to the administration for carriage by railway shall
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