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Darshan Pal and ors. Vs. Union of India (Uoi)

Court : Delhi

Subject : Civil

Acts : Railways Act, 1989 - Sections 73

Reported in : 74(1998)DLT806; 1998(46)DRJ274; (1998)120PLR24

survive for decision on merits.2. Still the learned counsel for the petitioner submitted that Section 73 of the Railways Act, 1989 empowers the Railway to make recovery of the freight and other charges including penalty 'before delivery of the

Durgesh Coal and Others Vs. Northern Railway, New Delhi and Others

Court : Allahabad

Subject : Miscellaneous

Acts : 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

Reported in : 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 in

Jagjit Cotton Textile Mills Vs. Chief Commercial Superintendent N.R. a ...

Court : Supreme Court of India

Subject : Civil

Acts : 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

Reported in : 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 … is ultra-vires of the old Act inasmuch as under the old act, there is no provision corresponding to Section 73 of the new Act, which permits such penal charges to be levied and collected for overloading, - from

Raghu Forwarding Agency and anr. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Civil

Acts : Railways Act, 1989 - Sections 73, 78 and 79; Constitution of India - Articles 14 and 226; Evidence Act, 1872 - Sections 115

basis of the said weighment could not be levied on the petitioners under Section 73 of the Railway Act, 1989, (for short, 'the Act 1989'). In support of the aforesaid submission, Mr. Ghose and Mr. Sahewalla cited the … Enterprises, (1997) 2 Gauhati LT 257, in which it was held that the rights and obligations between the Railways and its customers were governed by the terms and conditions of the contract between the parties and that

Bhagaban Dey Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1989 - Sections 30, 33, 36, 37, 43, 48, 70, 72(2), 72(3), 72(4), 73, 78, 79, 82 and 83

Reported in : 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 … (para 42) supports the view that the appropriate forum to challenge the reasonableness of punitive charges levied under Section 73 is the tribunal.8. By referring me to the provisions of Section 37 Mr. De has argued that from

Agarwala and Co. and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1989 - Sections 65, 65(2), 69, 72(4), 73 and 79; ;Constitution of India - Article 226

Reported in : AIR2007Cal90

the respondent authority to sit tight over the matter. Mr. Samanta further submits that under the provisions of Section 73 of the Railways Act, 1989, the Railway Administration has the option to offload the goods beyond the permissible … 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

Action Committee for Resolving Gujarat Salt Manufactures Vs. Union of ...

Court : Gujarat

Subject : Civil

Acts : 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

Reported in : (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

Union of India (Uoi) Vs. Nilkanth Tulsidas Bhatia and 7 ors.

Court : Gujarat

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 113, 114, 115, 119, 122, 141, 150 and 153; Indian Penal Code (IPC) - Sections 120B, 147, 148, 149, 153A, 164, 302, 307 and 436; Prevention of Terrorists Act, 2002 - Sections 32; Commissions of Inquiry Act, 1952 - Sections 2, 3, 3(1), 3(4), 5(2), 5(5) and 11; Government of India Act, 1935 - Sections 100; The Madras Agriculturists Relief Act, 1938; Negotiable Instruments Act, 1881; Parent Act - Sections 119; Criminal Law; Constitution of India - Articles 73 and 226; Statutory Investigation into Railway Accidents Rules, 1998 - Rules 2(6) and 4

Reported in : (2006)2GLR952

read with Section 120B of the Indian Penal Code and Sections 141, 150 and 153 of the Indian Railways Act, 1989. Later on, the provisions of the Prevention of Terrorists Act, 2002 were also invoked and after filing of … Ram Jawaya v. State of Punjab in support of the contention that the exercise of power under Article 73 was enough to clothe the Central Government with the authority to appoint the Commission. 8.4 No prejudice was

Union of India (Uoi) Vs. Hasija Coal Traders

Court : Guwahati

Subject : Civil

Acts : Railwaya Act, 1989 - Sections 73; Railways (Punitive Charges for Overloading a Wagon) Rules, 1990 - Rule 1

power to levy penalty available to the Railway authorities to initiate penalty proceedings under Section 73 of the Railways Act, 1989 (hereinafter referred to as 'the Act), the reference of which will be made later in the judgment.4. The

Bharat Kumar and anr. Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 93 and 106; Indian Railways Act, 1890 - Sections 73, 78 and 78(B); Code of Civil Procedure (CPC) - Sections 80

Reported in : III(2004)ACC810; AIR2005Raj124; RLW2004(4)Raj2074

has not arisen from a contract with the defendants. He referred the provisions of Section 93 of the Railways Act 1989 (Section 73 of the Indian Railways Act 1890) and contended that responsibility of the defendant railway administration to pay damages